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HomeMy WebLinkAbout02-02 - Approving Planning Application PA-00-37RESOLUTION NO. 02-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -00-37. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS 3e1WO]TW011 WHEREAS, an application was filed by The Regents Group, authorized agent for South Coast R. E. Investments, owner of real property located at 248 Victoria Street, requesting approval of a of a variance from required parking (24 spaces required; 16 spaces proposed) and to allow 3 compact parking stalls, with a minor modification to reduce the required front setback in conjunction with the conversion of a multi -family residential development into a commercial building; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 24, 2001; and WHEREAS, on September 24, 2001, the Planning Commission approved PA - 00 -37; and WHEREAS, PA -00-37 was appealed to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on January 7, 2002; 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 of approval contained within Exhibit "B", the City Council hereby APPROVES Planning Application PA -00-37 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 development as described in. the Staff Report for Planning Application PA -00-37 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 7th day of January, 2002. ATTEST: I• Deputy City Cler of the City of Costa Mesa Mayor of the City of Costa Mesa STATE OF CALIFORNIA ) APPROVED AS TO FO M COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) / y I .Y s:i \1 E Y I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certifies that the above foregoing Resolution No. 02-2 was duly and regularly passed and adopted by said City Council at a regular meeting thereof held on the 7th day of January, 2002. IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 8th day of January, 2002. 1 Deputy City CleAk and ex -officio Clerk of the City Counc I of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(1) in that, because of special circumstances applicable to the property (such as an unusual lot size, lot shape, topography, or similar features), the strict application of development standards deprives such property' of privileges enjoyed by others in the vicinity under identical zoning classifications exist. Specifically, the deep rectangular shape of the property prohibits the applicant from providing code compliant angled or perpendicular parking stalls along the east property line (across from the existing building) because the required backout area cannot be provided. The lack of necessary width in this area creates the need for the applicant to provide parallel parking stalls and creates a special circumstance where approval of the requested variance is justified. Without the variance, the strict application of development standards deprives the applicant's property from being used for commercial businesses, a use enjoyed by other commercially zoned properties in the vicinity. The variance does not constitute a grant of spec.ial privileges inconsistent with the limitation upon other properties in the vicinity. B. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(6) in that approval of the minor modification will not be materially detrimental to the health, safety, and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood. - Specifically, the minor modification will allow a trash enclosure to encroach 1 foot, 3 inches into the required 20 -foot landscaped setback, resulting in the loss of a relatively small amount of landscaping at the front of the property. Additionally, the applicant will be required to provide additional landscaping within the City - owned public right-of-way between the street curb and property line, as well as dense landscaping in the form of trees, shrubs, or vines to screen the trash enclosure from view of the street. The .improvement is compatible and enhances the architecture and design of the existing and anticipated development in the vicinity. C. The proposed project does comply with Costa Mesa Municipal. Code Section 13-29 (e) because: 1. The proposed development and use are compatible and harmonious with uses both on-site as well as with those on surrounding properties. 2. 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. 3. The proposed project complies with applicable performance standards prescribed in the Zoning Code. 4. The project is consistent with the General Plan. 5. The planning application is for a project -specific case and does not establish a precedent for..future development. 6. The cumulative effects of all past and present planning 'applications have been considered for both the subject property and surrounding properties. D. 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. E. 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 . A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 2. Street addresses shall be displayed on the freestanding sign or, if there is, no freestanding sign, on the fascia or store front adjacent to the main entrance of the building, in a manner visible to the public street and on the building face/wall/fence visible to the public alley, if applicable. Numerals shall be a minimum 12 inches in height with not less than %-inch 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 inches in height with not less than '/4 -inch stroke and shall contrast sharply with the background. 3. The use shall be conducted, at all times, in a manner to allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or business owner shall institute whatever operational measures are necessary to comply with this requirement. 4. The applicant shall, contact the Planning Division to arrange for a planning inspection of the site prior to the commencement of the use. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 5. The conditions of approval and ordinance ,or code provisions of PA -00-37 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 6. No outdoor storage of• vehicles shall be permitted. 7. The number of tenants for the commercial buildings on this site shall not exceed eight (8). 8. If parking complaints are received by the City, the applicant shall submit a parking management plan to address parking needs, use of spaces on-site, and on -street parking availability. 9. Dense landscaping in the form of trees, shrubs, or vines shall be planted within the front landscaped setback to screen the trash enclosure from view of the street. Said landscaping shall extend into the public right-of-way, on both sides of the driveway as shown on the submitted plan, subject to approval by the Planning Division and Engineering Division. so Eng. 10. The applicant shall repair and resurface all paved areas of the lot. 11. The parking and setback deviations approved as part of PA -00-37 shall apply specifically and solely only to the current development and layout of buildings. If the property is redeveloped, said approvals shall automatically terminate. 12. A list of security recommendations is provided by the Police Department for the applicant's consideration. 13. Maintain, the public right-of-way in a "wet -down" condition to prevent excessive dust and promptly remove any spillage from the public right-of-way by sweeping or sprinkling. 14. Obtain a permit from the Engineering Division, and then construct . P.C.C. commercial sidewalk per City of Costa Mesa standards as shown on the offsite_ plan, including four (4) feet clear around obstructions in the sidewalk. 15. Deleted. 16. The applicant shall post a "No Parking" sign at the front of the building at the rear of the site. 17. Tenants shall be limited office use only. 18. Signage along Victoria Street shall be limited to building . identification and street address only. 19. The applicant shall post a sign stating that vehicles are not permitted to back out onto Victoria Street.