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HomeMy WebLinkAbout04-20 - Approving Minor CUP/Minor Design Review ZA-03-94RESOLUTION NO. 04-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT/MINOR DESIGN REVIEW ZA- 03-94 THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by property owner Andrew Hartzell, with respect to the real property located at 440 E. 19th Street, requesting approval of a minor conditional use permit/minor design review for the construction of a detached, two -car garage with an office/library and full bathroom upstairs, in the R1 (single-family residential) zone; and WHEREAS, on December 19, 2003, the Zoning Administrator approved Minor Conditional Use Permit/Minor Design Review ZA-03-94; and WHEREAS, an appeal application was filed on December 26, 2003; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on January 26, 2004. WHEREAS, the Planning Commission approved the minor conditional use permit/minor design review on January 26, 2004; and WHEREAS, the item was appealed to the City Council on February 2, 2004, and a duly noticed public hearing was held by the City Council on March 1, 2004. 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 Minor Conditional Use Permit/Minor Design Review ZA-03-94 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 Minor Conditional Use Permit/Minor Design Review ZA-03-94 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 1St day of March, 2004. ATTEST: Dep City Clerk of the City of Costa Mesa Mayor of thEVCity of Costa Mesa APPROVED AS TO FORM: r I (/ Ea". /, City Attorney STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 04-20 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 1St day of March, 2004, by the following roll call vote: AYES: Monahan, Mansoor, Scheafer NOES: Steel ABSENT: Cowan IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 2nd day of March, 2004. Deputy ity Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS 1. The information presented substantially complies with Section 13-29(e), 13- 29(g)(2), and 13-29(g)(14) of the Costa Mesa Municipal Code in that: a. The proposed development and use, subject to conditions, is compatible and harmonious with uses on-site as well as those on the surrounding properties. With exception of the rear setback encroachment for architectural interest, the project meets or exceeds all residential development standards and the intent of the design guidelines. 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. c. The project is consistent with the General Plan. d. The planning application is for a project -specific case and does not establish a precedent for future development. e. The proposed development/use, subject to conditions, is substantially compatible with developments in the same general area. Granting the minor conditional use permit will not be detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity. Granting the minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation for the property. f. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(14) in that the project complies with the City of Costa mesa Zoning Code and meets the purpose and intent of the Residential Design Guidelines, which are intended to promote design excellence in new residential construction, with consideration being given to compatibility with the established residential community. This minor design review includes site planning, preservation of overall open space, landscaping, appearance, mass and scale of structures, location of windows, varied roof forms and roof plane breaks, and any other applicable design features. Although the second floor to first floor ratio exceeds 80% and the second -story right side does not have an average of 10 ft. setback, it incorporates an eyebrow roof to break up the elevation. Also, the second -story portion at 6 ft. side setback is only approximately 22 ft. in length and overlooks the garage on the adjacent property so visual impact is not anticipated. The size and location of the proposed structure is such that it would not appear obtrusive or out of character with the established neighborhood. 2. 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. 3. 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 land use restriction (stating that the proposed addition may not be converted to a separate dwelling unit) executed by and between the applicant and the City of Costa Mesa shall be recorded prior to the issuance of building permits. Applicant shall submit to the Planning Division a copy of the legal description for the property, and either a lot book report or current title report identifying the current legal property owner so that the document may be prepared. 2. Street address shall be displayed on the fascia adjacent to the main entrance or front door in a manner visible from the public street. Numerals shall be a minimum 6" in height with not less than '/2" stroke and shall contrast sharply with the background. Street Address shall also be displayed on the north elevation (facing the alley) of the proposed structure. 3. All new and existing construction shall be architecturally compatible with regard to building materials, style, colors, etc. Plans submitted for plan check shall indicate how this will be accomplished. 4. The conditions of approval and ordinance or code provisions of minor design review ZA-03-94 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. The applicant shall contact the Planning Division to arrange for a Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. Eng. 6. 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. CODE REQUIREMENTS 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. Ping. 1. Approval of the Zoning Action is valid for one (1) year and will expire at the end of that period unless building permits are obtained or the applicant applies for and is granted an extension of time. 2. 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. Bldg. 3. Comply with the requirements of the California Code of Regulations, Title 24, also known as the California Building Standards Code, as amended by the City of Costa Mesa. 4. Submit grading and drainage plan for this project. 5. Prior to or concurrent with the submittal of plans for grading/building/ plan check/submittal of final subdivision map for engineering plan check, the applicant shall prepare and submit documentation for compliance with the State Water Resources Control Board (SWRCB) Water Quality Order 99-08- DWQ; National Pollutant Discharge Elimination System (NPDES) Permit No. CAS000002 for Storm Water Discharges Associated with Construction Activity (General Permit); the California Regional Water Quality Control Board (RWQCB) Santa Ana Region Order No. R8-2002-0010 and NPDES Permit No. CAS618030; and, the City of Costa Mesa Ordinance No. 97-20 for compliance with NPDES Permit for the City of Costa Mesa. Such documentation shall include a Storm Water Pollution Prevention Plan if over 1 acre (if over 5 acres if submitted prior to March 10, 2003) and a Water Quality Management Plan (WQMP) identifying and detailing the implementation of the applicable Best Management Practices (BMPs). Eng. 6. At the time of development submit for approval an off-site plan to the Engineering Division and grading plan to the Building Division that shows sewer, water, existing parkway improvements and the limits of work on the site, both prepared by a civil engineer or architect. Construction access approval must be obtained prior to building or engineering permits being issued by the City of Costa Mesa. Pay offsite plan check fee to the Engineering Division. An approved offsite plan and fee shall be required prior to engineering/utility permits being issued by the City. 7. A construction access permit and deposit of $350 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work 8. Remove existing wood fence from public right-of-way. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. Applicant shall pay all applicable sanitary district fixture fee charges (714) 754-5307. School 2. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to issuance of building permits.