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HomeMy WebLinkAbout03-61 - Approving Planning Application PA-03-31RESOLUTION NO. 03-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -03-31. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, ari'application was filed by Kim Berry, authorized agent for Cameo Homes, owner of real property located at 550 Paularino Avenue, requesting approval of a master plan amendment and variances from perimeter open space requirements (20 feet required; "6 feet proposed), and parking requirements to reduce the number of on- site parking by ten (10) spaces, in conjunction with the construction of 7 detached garages along a side property line for an existing residential development; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 8, 2003, and PA -03-31 was recommended for approval with respect to the master plan amendment and variance from perimeter open space requirements, but recommended for denial with respect to the reduction in the number of on-site parking spaces; and WHEREAS, a duly noticed public hearing was held by the City Council on October 6, 2003. 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 contained in Exhibit "B", the City Council hereby APPROVES Planning Application PA -03-31, including the master plan amendment and the variances from perimeter open space and parking requirements. 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 -03-31 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, then this Resolution, and any recommendation for approval herein contained, shall be deemed null and void. PASSED AND ADOPTED this 6T" day of October, 2003. ATTEST: C:l Depu ity Clerk of the City of Costa Mesa 2 Mayor of th City of Costa Mesa APPROVED AS TO FORM 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 certifies that the above and foregoing Resolution No. q3-- 61 was duly and regularly passed and adopted by said City Council at a regular meeting thereof held on the 6t day of October, 2003, by the following roll call vote: AYES: Monahan, Steel, Cowan, Scheafer NOES: Mansoor ABSENT: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 7th day of October, 2003. 4�P�UtY City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" A. The proposed use complies with the Costa Mesa Municipal Code Section 13-29(e) because: The use is compatible and harmonious with uses that exist in the general neighborhood. Safety and compatibility of the design of the building, parking area, and other site features including functional aspects of the site development such as automobile and pedestrian circulation will remain unchanged. The proposed use is consistent with the General Plan. The planning application is for a project -specific case and does not establish a precedent for future development. B. The master plan meets the broader goals of the General Plan and the Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development. C. The information presented with regard to the variance from perimeter open space requirements substantially complies with Costa Mesa Municipal Code Section 13- 29(g)(1) in that there are special circumstances applicable to the property, such as unusual lot size, lot shape, topography, or similar features, where strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other properties in the vicinity. Specifically, the proposed garages would not adversely affect residential properties because they abut the freeway off ramp, and would help buffer freeway noise since there are no freeway noise walls in this location. Additionally, denial of the variance would deprive the property owner of privileges enjoyed by owners of other property in the vicinity, specifically, the 258 - unit residential apartment project across the street from the subject property (Avalon Bay, formerly Mill Creek Apartments — 555 Paularino Avenue) which was allowed to convert carport and open parking spaces into 37 new garage spaces in 1991. As a result, the variance request does not constitute a grant of special privileges inconsistent with other properties in the vicinity and zone 'in which the property is situated. D. The information presented with regard to the variance to allow a reduction in the number of on-site parking spaces does not comply with Costa Mesa Municipal Code Section 13-29(g)(1) in that there are no special circumstances applicable to the property, such as unusual lot size, lot shape, topography, or similar features, where strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other properties in the vicinity. Specifically, the site is legal nonconforming with regard to parking and has 127 fewer spaces than required by current code. As a result, further reduction in parking spaces would adversely affect on-site parking. E. The proiect has been reviewed for compliance with the California Environmental El Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA. F. The project 'is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. 5 EXHIBIT "B" Ping. 1. Garages shall maintain a 10' x 20' unobstructed area in the garage to allow parking of vehicles, and wall mounted storage lockers, a minimum of 4 feet from the ground and 3 to 4 feet in depth, to allow the parking of vehicles within the garage, shall be provided, subject to the review of the Planning Division. 2. The conditions of approval and ordinance or code provisions of Planning Application PA -03-31 shall be blueprinted on the face of the site plan. - 3. The applicant shall contact the Planning Division to arrange for a. "special requirements" inspection of the site prior to the release of occupancy. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 4. All new construction shall be architecturally compatible with regard to building materials, style, colors, etc. with the existing structure(s)., Exterior elevations shall be submitted for pre -plan check review and approval by the Planning Division. Once the exterior elevations have been reviewed and approved by the Planning Division, the exterior elevations shall be incorporated into the plan check drawings. 5. Existing mature vegetation shall be retained wherever possible. Should it be necessary to remove existing vegetation, 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 shall be replaced on a 1 -to -1 basis. This condition shall be completed under the direction of the Planning Division. _ 6. Parking referral signs shall be installed and shall include an on-site staff phone number. Applicant shall submit a Parking Management Plan to the Planning Division at their earliest convenience. It is also recommended that the applicant contact the adjacent apartment complex (The Avalon), in an effort to resolve some of the parking issues. Eng. 7. Maintain the site and public right-of-way in a "wet -down" condition during construction to prevent excessive dust and remove any spillage from the public right-of-way by sweeping or sprinkling. 0 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. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. Approval of Planning Application PA -03-31 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. 3. Development shall comply with all requirements of Section 13-32 and Chapter V, Article 2, of Title 13 of the Costa Mesa Municipal Code relating to development standards for residential projects. 4. Development shall comply with the requirements of Section 13-85(c), Chapter VI, Article 1, of Title 13 of the Costa Mesa Municipal Code relating to availability of parking to residents. 5. Minimum garage door widths shall be 8 feet. 6. All garages shall be provided with automatic garage door openers. 7. Provide a minimum 25 -foot backup distance for all parking spaces. Bldg. 8. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". Eng. 9. 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 off- site plan check fee to the Engineering Division. An approved off-site plan and fee shall be required prior to engineering/utility permits being issued by the City. 10. A site access permit and deposit of $2000.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off- site work. 7 J SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: - Sani. 1. Developer shall contact the Costa Mesa Sanitary District at (949) 631- 1731 for current district requirements. Water 2. Applicant is reminded that additional conditions of development may be imposed by Mesa Consolidated Water District (949) 631-1200 %and/or other serving utilities. Subject to approval by the board of directors, Mesa Consolidated Water District may require payment of a developer impact fee prior to installation of water service or construction of required master plan facilities. AQMD 3. Applicant shall contact the Air Quality Management District (800) 288- 7664 for potential additional conditions of development or for additional permits required by the district. School 4. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to issuance of building permits. CDFA 5. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information.