HomeMy WebLinkAbout03 - PH-1 - Call for Review of PA-10-38 1970 Maple - 5/3/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 3, 2011 ITEM NUMBER:
SUBJECT: CALL FOR REVIEW OF PLANNING APPLICATION PA -10-38
MINOR DESIGN REVIEW FOR TWO, TWO-STORY DETACHED CONDOMINIUM UNITS
1970 MAPLE AVENUE
DATE: APRIL 21, 2011
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: WENDY SHIH, ASSOCIATE PLANNER
KIMBERLY BRANDT, DIRECTOR
FOR FURTHER INFORMATION CONTACT:. WENDY SHIH (714) 754-5136
WSHIH@CI.COSTA-MESA.CA.US
RECOMMENDATION:
Adopt the attached resolution to uphold or reverse Planning Commission's decision to .
approve Planning Application PA -10-38, a minor design review to construct a detached, two-
story, two -unit residential common interest development (condominiums) including deviation
from the following Residential Design Guidelines:
1. Second to first floor ratio (80 percent recommended; 98 percent proposed including
second floor balcony and areas "open to below", please note that this ratio would be 68
percent if the calculation strictly included only the floor area.)
2. Second story side setbacks (10 -foot average recommended; 5 feet proposed on both
sides).
BACKGROUND:
Project Site
The property is located near the northeast corner of Maple Avenue and Bernard Street. It
is zoned R2 -HD (Multiple Family Residential — High Density) and has a General Plan land
use designation of High Density Residential. The property is surrounded by multiple -family
residences to.the north, south, across Maple Avenue to the west and across the alley to
the east.
The property contains a single-family residence and a detached garage that were
constructed in 1955. The property has been vacant since 2007.
Planning Commission Action
On April 11, 2011, by a vote of 3 to 1 (Commissioner Clark voted no), Planning
Commission approved PA -10-38, subject to conditions.
The Commission determined that the project, as conditioned, meets the purpose and,
intent of the Residential Design Guidelines. The Planning Commission staff report from
April 11, 2011 is attached. The video.of the public hearing can be viewed on the City's
Web page:
http://www.ci.costa-mesa.ca.us/CMCalendar.htm
Call for Review by City Council
On April 18, 2011, Mayor Monahan filed a request for City Council review of the project on
behalf of the applicant, to delete condition of approval no. 3.
a
Condition of approval no. 3 states the following:
"The applicant shall work with Planning staff to provide additional
articulation on the south elevation for both units. The purpose of this
condition is to meet the intent (although not the letter) of the residential
design guideline for a 10 -foot average side yard setback along the south
side elevation. Modification to the plans will include a revision in the
second story side setback and additional building fagade enhancements
to the satisfaction of the Development Services Director."
The applicant is opposed to this condition, as it requires that the proposed structures be
modified to create additional articulation on the south elevations.
This call for review is a de novo hearing at which the Council will consider the entire
project.
Applicant's Justifications to Delete Condition No. 3
The applicant provides the following justifications for deleting Condition No. 3, both
verbally to Planning staff and in the email to Council dated April 13, 2011 (Attachment
no. 2):
• 55 -foot lot width is too narrow to accommodate additional modification of the
floor plan on the second floor. Any change will compromise the floor plan
and would make the bedrooms too small.
• Additional setback on the .2nd floor will increase the construction cost to
include structural beams to support the modified second floor.
• The design of the structure will be severely compromised because the
affected elevation currently includes large, arched glass windows on the first
02
floor. This type of window cannot be retained if the second floor plan is
modified.
• The applicant has considered an option to reduce the size of the entire home
so that it is situated at a 10 -foot side yard setback on both floors. This would
significantly compromise the design of vaulted ceiling areas and reduce the
size of the living areas.
• The property owner will not build the project because additional second floor
setback will make the buildings appear choppy and disturb the Fung Shui
aesthetics of the house.
ALTERNATIVES CONSIDERED:
City Council may consider the following alternatives:
1. Uphold Planning Commission's decision to approve PA -10-38. This would allow
the construction of the project, subject to conditions and Code requirements.
2. Modify Planning Commission's approval decision. The Council may modify or
delete condition of approval no. 3 or modify other conditions.
3. Reverse Planning Commission's decision and deny PA -10-38. If Council denies
the application, the project may not be constructed and a similar request may not
be submitted for six months.
FISCAL REVIEW:
Fiscal review is not required.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolutions and approved them as to form.
ENVIRONMENTAL REVIEW:
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 15332 for In -Fill Development
Projects. If the project is denied, it is exempt from the provisions of CEQA Section
15270(a) for Projects Which Are Disapproved.
CONCLUSION:
The Planning Commission approved PA -10-38, subject to conditions, based on findings
that determined the proposed construction satisfies all applicable Code requirements and
the intent of the Residential Design Guidelines
WENDY'AHIrp
Associate FlIanner
KIMBERLY BRAN T, AICP
Development Se es Director
DISTRIBUTION: Chief Executive Officer
Assistant Chief Executive Officer
City Attorney
Public Services Director
Transportation Svs. Manager
City Clerk (2)
Staff (4)
Planning Staff (8)
File (2)
ATTACHMENTS: 1. Draft Resolutions
2. Application for Review
3. Planning Commission Staff Report
4. Location/Aerial Map
5. Plans
File: 050311 PA1038Review Date: 042111 Time: 10:45 a.m.
ATTACHMENTI
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA TO UPHOLD THE PLANNING
COMMISSION'S ACTION TO APPROVE PLANNING
APPLICATION PA -10-38
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by Alison Nguyen, authorized agent for
property owner Kathy Nguyen, with respect to the real property located at 1970 Maple
Avenue in the R2 -HD zone, requesting approval of a minor design review to construct
two, two-story detached condominium units with the following deviations from the
Residential Design Guidelines:
1. Second to first floor ratio (80 percent recommended; 98 percent proposed);
2. Second story side setbacks (10 -foot average recommended, 5 feet proposed on
both sides).
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on April 11, 2011, with all persons provided an opportunity to speak for and against the
proposed project, and PA -10-38 was approved by the Planning Commission;
WHEREAS, a review of PA -10-38 was filed by Mayor Monahan on behalf of the
project applicant;
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit "A," the City Council hereby UPHOLDS the Planning Commission's
action to APPROVE Planning Application PA -10-38.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK OF THE
CITY OF COSTA MESA
day of May 2011.
GARY MONAHAN
Mayo, City of Costa Mesa
APPROVED AS TO FORM:
CITY ATTORNEY
-5-
EXHIBIT "A"
FINDINGS (Approval)
PA -10-38
A. The proposed project complies with Costa Mesa Municipal Code Section 13-29 (e)
because:
a. The proposed development and use is compatible and harmonious with
uses both on site as well as those on surrounding properties.
b. Safety and compatibility of the design of the building and other site
features, including functional aspects of the site development, have been
considered.
c. The project is consistent with the General Plan designation of Medium
Density Residential. Under this designation five dwelling units are allowed
on the subject property and two dwelling units are proposed. Approval of
the condominiums will also satisfy General Plan Goal LU -1A.4 that
encourages additional home ownership opportunities in the City.
d. The planning application is for a project -specific case and does not
establish a precedent for future development.
B. The information presented substantially complies with Costa Mesa Municipal Code
Section 13-29(14) in that the proposed development is substantially compatible and
harmonious with existing and/or anticipated development on surrounding properties.
This includes site planning, landscaping, appearances, scale of structures, location
of windows, and any other applicable features relative to a compatible and attractive
development. Specifically, the project is consistent with the City's General Plan,
Zoning Code, and the intent of the City's Residential Design Guidelines.
The area consists of a mix of single- and two-story residences and the proposed
structures would not appear out of place or obtrusive because they are similar in
scale and massing with several two-story residences in the vicinity. The homes also
incorporate quality materials such as terracotta roof tiles with varying rooflines and
architectural features such as stone base columns, stucco trim, molding around
windows, and decorative railings to provide visual relief from off-site. The second
floor windows are also placed so as to minimize privacy impacts and direct views
into windows on the adjacent properties.
C. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City's environmental
procedures, and has been found to be exempt from CEQA under Section 15332
for In -Fill Development Projects.
D. The project is exempt from Chapter XII, Article 3, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
E
PA -10-38
EXHIBIT "B"
CONDITIONS OF APPROVAL (IF PROJECT IS APPROVED)
Ping. 1.
The approved address of individual units (A and B) shall be blueprinted
on the site plan and on all floor plans in the working drawings as part of
the plan check submittal package.
2.
Provide obscure glass for the large master bathroom windows and a
minimum 5 -foot high privacy wall on the side of the second floor
balconies, under the direction of the Planning Division.
3.
The applicant shall work with Planning staff to provide additional
articulation on the south elevation for both units. The purpose of this
condition is to meet the intent (although not the letter) of the residential
design guideline for a 10 -foot average side yard setback along the south
side elevation. Modification to the plans will include a revision in the
second story side setback and additional building fagade enhancements
to the satisfaction of the Development Services Director.
4.
The landscape setback area from Maple Avenue shall be landscaped
with trees and vegetation. The landscape plan shall be approved prior to
issuance of building permits and shall contain additional 24 -inch box
trees than the minimum Code requirements to the satisfaction of the
Development Services Director or his/her designee.
5.
Solid masonry walls shall be constructed pursuant to Costa Mesa
Municipal Code Section 13-75(a). The walls shall have a finished quality
on both sides. Where walls on adjacent properties already exist, the
applicant shall work with the adjacent property owner(s) to. prevent side-
by-side walls with gaps in between them.
6.
Prior to issuance of building permits, applicant shall contact the US
Postal Service with regard to location and design of mail delivery
facilities. Such.facilities shall be shown on the site plan, landscape plan,
and/or floor plan.
7.
The subject property's ultimate finished grade level may not be
filled/raised in excess of 30" above the finished grade of any abutting
property. If additional fill dirt is needed to provide acceptable onsite
stormwater flow to a public street, an alternative means of
accommodating that drainage shall be approved by the City's Building
Official prior to issuance of any grading or building permits. Such
alternatives may include subsurface tie-in to public stormwater
facilities, subsurface drainage collection systems and/or sumps with
mechanical pump discharge in -lieu of gravity flow. If mechanical pump
method is determined appropriate, said mechanical pump(s) shall
continuously be maintained in working order. In any case,
development of subject property shall preserve or improve the existing
pattern of drainage on abutting properties.
8.
The site plan submitted with initial working drawings shall contain a
notation specifying the project is a two -unit, common interest
(condominium) development.
PA -10-38
9. The applicant shall contact the current cable company prior to issuance
of building permits to arrange for pre -wiring for future cable
communication service.
10. Show method of screening for all ground -mounted equipment
(backflow prevention devices, Fire Department connections, electrical
transformers, etc.). Ground -mounted equipment shall not be located in
any landscaped setback visible from the street, except when required
by applicable uniform codes, and shall be screened from view, under
the direction of Planning staff.
11. Homeowners Association CC&Rs shall include a provision that requires
garages to be used for resident parking only. Storage may be
permitted in the garage if it does not diminish the required parking
space in the.garage.
12. The CC&Rs shall include a provision mandating binding arbitration in
the event of any dispute between the two property owners relating to
the homeowner's association.
13. Applicant shall provide proof of establishment. of a homeowner's
association prior to release of any utilities.
14. The conditions of approval, Code requirements, and special district
requirements of Planning Application PA -10-38 shall be blueprinted on
the face of the site plan as part of the plan check submittal package.
15. The applicant shall contact the Planning Division to arrange for an
inspection of the site prior to the release of utilities. This inspection is to
confirm that the conditions of approval and Code requirements have
been satisfied.
16. No modification(s) of the approved building elevations including, but
not limited to, changes that increase the building height, increase in
size or number of second story windows, removal of building
articulation, or a change of the finish material(s), shall be made during
construction without prior Planning Division written approval. Failure to
obtain prior Planning Division approval of the modification could result
in the requirement of the applicant to (re)process the modification
through a discretionary review process such as a design review or a
variance, or in the requirement to modify the construction to reflect the
approved plans.
17. It is recommended that the project incorporate green building design
and construction techniques where feasible. The applicant may
contact the Building Safety Division at (714) 754-5273 for additional
information.
18. Approval of a subdivision map for condominium purposes shall be
required for this project. The subdivision map shall be recorded prior to
issuance of building permits for the proposed development. At the time
of tentative map approval by the Planning Commission, applicant may
-request that the expiration date of the design review application
coincide with the expiration date of the tentative map approval.
0
RESOLUTION NO. 11-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA TO REVERSE THE PLANNING
COMMISSION'S APPROVAL AND DENY PLANNING
APPLICATION PA -10-38
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by Alison Nguyen, authorized agent for
property owner Kathy Nguyen, with respect to the real property located at 1970 Maple
Avenue in the R2 -HD zone, requesting approval of a minor design review to construct
two, two-story detached condominium units with the following deviations from the
Residential Design Guidelines:
1. Second to first floor ratio (80 percent recommended; 98 percent proposed);
2. Second story side setbacks (10 -foot average recommended', 5 feet proposed on
both sides).
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on April 11, 2011, with all persons provided an opportunity to speak for and against the
proposed project, and PA -10-38 was approved by the Planning Commission;
WHEREAS, a review of PA -10-38 was filed by Mayor Monahan on behalf of the
project applicant;
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit "A," the City Council hereby REVERSES the Planning
Commission's approval and DENIES Planning Application PA -10-38.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK OF THE
CITY OF COSTA MESA
day of May 2011.
GARY MONAHAN
Mayor, City of Costa Mesa
APPROVED AS TO FORM:
CITY ATTORNEY
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that the above Council. Resolution No. 10_ as
considered at a regular meeting of said City Council held on the day of ,
2011, and thereafter passed and adopted as a whole at the regular meeting of said City
Council held on the day of , 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this day of , 2011
City Clerk, City of Costa Mesa
/0
EXHIBIT "A"
FINDINGS (Denial)
PA -10-38
A. The proposed project does not comply with Costa Mesa Municipal Code Section
13-29 (e) because:
a. The proposed development and use is not compatible and harmonious with
uses both on site or those on surrounding properties.
b. Safety and compatibility of the design of the building and other site
features, including functional aspects of the site development, have been
considered.
c. The project is not consistent with the General Plan designation of Medium
Density Residential.
d. The planning application is for a project -specific case and does not
establish a precedent for future development.
B. The information presented does not comply with Costa Mesa Municipal Code
Section 13-29(14) in that the proposed development is not compatible and
harmonious with existing and/or anticipated development on surrounding properties.
This includes site planning, landscaping, appearances, scale of structures, location
of windows, and any other applicable .features relative to a compatible and attractive
development. The project is not consistent with the City's General Plan and the
Residential Design Guidelines.
C. The Costa Mesa Planning Commission has denied PA -10-38. Pursuant to Public
Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a),
CEQA does not apply to this project because it has been rejected and will not be
carried out.
Costa Mesa
City of Costa Mesa
ATTACHMENT 2
RL: 'Ey:1VEU
Cj- Y CLERK
❑ Appeal of Planning Commission Decision - $1070.00
[ I rA l gf8oni f4jA4lnBQator/Staff Decision -$670.00
APPLICATION FOR APPEAL, REHEARtNRE;�I�u1Vj
Applicant Name* Mayor Gary .Monaharn
Address 77Fair Drive, Costa Mesa, CA 92626
Phone 754-.5284 Representing
REQUEST FOR: ❑ REHEARING ❑ APPEAL REVIEW**
Decision of which appeal, rehearing, or review is requested: (give application number, if applicable, and the date of the
decision, if known.)
Applicants. Name: Alison Nguyen, Alpha Construction
Application Numbex:.PA=10-38
Site -address: 1970 Maple .Avenue, Costa Mesa.
The.Planin g Commissioner.Project approval date: April :11, 2011
It it or design review to! construct ,a t o -
unit, two -star':, detad-hed res.id-enti.ai
common interest development
(con.dorniniums) that does not comply with
the recon mended residential design
guidelines with respect to second to first
floor ratio, zecond floor :side sethacks�, and
2nd floor btfilding massing_
Decision by: Planning Commission
Reasons for requesting appeal, rehearing, or review:
1A
From: Alison Nguyen[mailto:a_I_p_h_a_construction@hotmail.com]
Sent: Wednesday,, April 13, 20113:28 PM
To: CMCouncil
Subject: 1970 Maple Avenue--PA-10-38
Attn to Costa Mesa City Council,
Wendy Shih, the Planner, and Colin McCarthy, the Planning Commissioners Chairman,
advise me to contact the Costa Mesa City Council to call this project up for review on my
behalf. The Application Number is PA -10-38 with site address being 1970 Maple Avenue.
The Planning Commissioners has approved this project with a conditional approval on April
11, 2011.
The property Owner wish to modify the conditional approval and have comment No. 3
delete from the approval.
I have attached pictures of the proposed project for your review. Comments No. 3 in the
conditional approval ask that the second floor level to have a setback of 10' instead -of 5' to
meet the second to first floor ratio of 80%. This project has a 55% of second to first floor .
ratio when the double ceiling living room aif space is taken out of the calculation.
(However, the distribution of the air space is inside the unit instead of the outside). As you
can see in the attached floor plan, a 5' set back will make all the rooms on the second floor
too small and make the project undesirable. In.addition, the Owner won't build this project,
if the second floor is being setback 10' from the property line. It will appear choppy and
disturb the Fung Shui aesthetics of the house.
This is a beautiful project, and I'd like it to get build, and Comment No. 3 in the conditional
approval will prevent this project from happening. Please review and support this project by.
deleting comment No. 3.
Thank you in advance for looking into this issue.
If you'd need me to provide further clarification, please contact me using the contact
information below.
Thank you and have a great day,
Alison Nguyen
A0ha Construction
(714) 470-0684
14561 Golders Green Lane
Westminster, CA 92683
13
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PLANNING COMM/SS/ON
AGENDA REPORT ATTACHMENT 3
MEETING DATE: APRIL 11, 2011
ITEM NUMBER:
SUBJECT: PLANNING APPLICATION PA -10-38
MINOR DESIGN REVIEW FOR TWO, TWO-STORY DETACHED CONDOMINIUM UNITS
1970 MAPLE AVENUE
DATE: MARCH 31, 2011
FOR FURTHER INFORMATION CONTACT: WENDY SHIH, ASSOCIATE PLANNER,
(714) 754-5136 (WSHIH@CI.COSTA-MESA.CA.US)
DESCRIPTION
Minor design review to construct a detached, two-story, two -unit residential common
interest development (condominiums) including deviation from the following Residential
Design Guidelines:
1. Second to first floor ratio (80 percent recommended; 98 percent proposed
including. second floor balcony and areas "open to below"); Please note that this
ratio would be 68 percent if the calculation strictly included only the floor area.)
2.. Second story side setbacks (10 -foot average recommended; 5 feet proposed on
both sides).
APPLICANT
Alison Nguyen is the authorized agent for property owner, Kathy Nguyen.
RECOMMENDATION
Approve by adoption of Planning Commission resolution, subject to conditions.
Associate
KHANH NGUY
Asst. DeveloDA
oz,
Svs. Director
PLANNING ZONING REVIEW SUMMARY
Location: 1970 Maple Avenue Planning Application: PA -10-38
Request: Minor design review for two, two-story detached residential common interest development
(condominiums).
SUBJECT PROPERTY:
SURROUNDING PROPERTY:
Zone:
R2 -HD
North:
R3 — apartments
General Plan: High
Density Residential
South:
R2 -HD — apartments
Lot Dimensions:
54.61 FT x 127.5 FT
East:
R2 -HD (across alley) — condominiums
Lot Area:
6,963 SF
West:
R2 -HD (across Maple Ave.) - apartments
Existing Development:
Single-family residence and detached garage.
Open Space
Development Standard
DEVELOPMENT STANDARD COMPARISON
City Requirement
Proposed/Provided
Lot Size:
12,000 SF
6,963 SF
Lot Width:
100 FT
54.61 FT
Density:
1 unit/3,000 SF
1 unit/3,481 SF
Lot Coverage:
Buildings
NA
44% 3,064 SF
Paving
NA
14% 969 SF
Open Space
40% min.
42% 2,930 SF
TOTAL
100%
100%
Private Open Space:
10 FT x 10 FT adjoining patio
10 FT min.
Building Height:
2 stories/ 27 FT
2 stories/ 27 FT
Ratio of 2" floor to 15 floor 2
80% max.
X8°0 ,fit 11
Building Setbacks:
Front
20 FT
20 FT
Side (left/right
5 FT/5 FT
5 FT/5 FT
2" story interior sides
10 FT averse
5 F�besot a�ie..
Rear(abutting aIle
5 FT
18 FT
Building Separation:
10 FT
10 FT
Parkin 4-bedrooms/unit :
Garage
4
4
Oen
4
4
TOTAL
8
8
CEQA Status Exempt- Class 32
Final Action Plannina Commission
1 Existing nonconforming.
2 Residential Design Guidelines (second floor area calculation includes balcony and areas `open to
below").
PA=10-38
BACKGROUND
Project Site
The property is located near the northeast corner of Maple Avenue and Bernard Street. It
is zoned R2 -HD (Multiple Family Residential — High Density) and has a General Plan land
use designation of High Density Residential. The property is surrounded by multiple -
family residences to the north, south, across Maple Avenue to the west and across the
alley to the east.
The property contains a single-family residence and a detached garage that were
constructed in 1955. The property has been vacant since 2007.
Previous Entitlements
In March 2005, the Zoning Administrator approved ZA-04-86 for two detached, two-story
apartment units. The Zoning Administrator granted a one-year time extension in 2006,
and then the approval expired in March 2007 because the applicant did not obtain building
permits prior to the expiration of the application.
In December 2007, Planning Application PA -07-59 was submitted for two detached, two-
story condominium units. The application was withdrawn by staff in 2009 due to inactivity.
No action was taken on the proposal.
Property Maintenance Issues
The property has had numerous Title 20 Property Maintenance violations over the years,
including overgrown weeds, trash and debris in public view, open access to transients,
and deteriorated fencing. The documented code enforcement cases began in 2001. The
majority of the violations were corrected within a one-month period, but would reoccur over
time. The current owner is a new owner who acquired the previously bank -owned property
in October 2010. Code .Enforcement is currently following up on an open case for
overgrown weeds and open access on this property.
Project Description
The applicant proposes to construct a detached two -unit, two-story residential common
interest development (condominium units) that does not comply with the following
Residential Design Guidelines:
1. Second to first floor ratio (80 percent recommended; 98 percent proposed including
second floor balcony and areas "open to below");
2. Second story side setbacks (10 -foot average recommended; 5 feet proposed on
both sides).
Pursuant to Zoning Code Section 13-28(i)(1)(b), a minor design review is required for two
or fewer two-story dwelling units that do not comply with the Residential Design
Guidelines. Since the proposal is for a new residential common interest development
a3
1 PA -10-38
(condominium units), the Code requires the project to be processed according to the
design review procedures, which require Planning Commission review.
A tract map to facilitate the condominium project will be required to be processed and
recorded before construction of the units can begin. The applicant plans to submit a tract
map application at a later date.
ANALYSIS
Justification for Approval of PA -10-38
The project complies with Zoning Code requirements. The project does not conform to two
design guidelines. Staff supports approval of the project for the following reasons:
• The protect, as conditioned, meets the purpose and intent of the Residential Design
Guidelines_
The design guidelines are intended to promote design excellence in new residential
construction, with consideration being given to compatibility with the established
residential community. The residential properties in this immediate area' are
characterized by single and two-story apartment complexes and multi -family
attached structures.
Staff believes that the proposed structures would not appear out of place or obtrusive
because they are similar in scale and massing with several two-story residences in
the vicinity. Additionally, the applicant has incorporated quality materials such as
terracotta roof tiles with varying rooflines and architectural features such as stone
base columns, stucco trim, molding around windows, and decorative railings to
provide visual relief from off-site.
The floor plan is designed with majority of the "view" windows facing the front (west),
rear (east), or interior of the property rather than facing existing residences on the
adjoining properties to the left (north) or right (south). The second floor windows are
also placed so as to minimize privacy impacts and direct views into windows on the
adjacent two-story apartment building to the north. Therefore, the proposed
development would not negatively impact the surrounding properties or aesthetics of
the neighborhood.
To further minimize potential privacy impacts, condition of approval no. 2 requires
obscure glass for the large master bathroom windows and a minimum 5 -foot high
privacy wall on the side of the second floor balconies, under the direction of the
Planning Division.
Condition of approval no. 3 also requires the applicant to work with Planning staff to
provide additional articulation on the south side elevation for both units. The purpose
of this condition is to meet the intent (although not the letter) of the residential design
guideline for a 10 -foot average side yard setback along the south side elevation.
Modification to the plans will include a revision in the second story side setback and
additional building facade enhancements to the satisfaction of the Development
Services Director.
Al
PA -10-38
• The proiect complies with the Residential Common Interest Development
Standards.
The proposal involves condominium units which will increase the amount of
ownership units in the City's housing stock.
Residential Common Interest Development Standards require all projects to be
designed with a minimum of one lot to be held in common ownership and maintained
by a homeowners association, including at least 10 feet of street setback landscaped
areas. The proposed project complies with this requirement because it will involve an
airspace subdivision with a common lot for, all driveways, parking, and open space
areas; the CC&Rs will designate areas for exclusive use and/or maintenance such as
private yards and required open parking spaces for each unit.
• Proiect complies with Code -required parking.
For each of the proposed single-family detached residences, Code requires two
garage parking spaces and two open parking spaces. The total Code -required
parking is eight spaces. The proposal meets the Code requirement for each dwelling
unit.
Condition of approval no. 11 requires a provision in the Homeowners Association
CC&Rs that requires garages to be used for resident parking only. Storage may be
permitted in the garage if it does not diminish the required parking space.in the
garage.
• Proposal involves redevelopment of property formerly containing a marginal
residence into ownership housing.
The proposal will contribute additional ownership housing to the City's housing stock.
This is consistent with Land Use Element Policy LU -1A.4 to strongly encourage the
development of ownership housing to improve the imbalance between renter- , and
owner -occupied housing in the City.
Condition of approval no. 18 requires a parcel map to be approved to allow the sale
of the units as ownership units. The applicant may request that the expiration date of
the minor design review application coincide with the map approval date at that time.
While the proposal involves deviations from recommended design guidelines, staff
believes that the proposed two -unit residential common -interest development meets
the intent of the guidelines and creates a quality living environment.
GENERAL PLAN CONFORMITY
The property has a General Plan designation of High Density Residential. Under this
designation two dwelling units are allowed on the subject property. Therefore, the
proposal is consistent with the use and density allowed by the City's General Plan.
PA -10-38
Approval of the condominiums will also satisfy General Plan Goal LU -1A.4 that encourages
additional home ownership opportunities in the City.
ALTERNATIVES
The Planning Commission may consider the following alternatives:
1. Approve the application. This would allow the construction of the project as
proposed, subject to conditions and Code requirements.
2. Deny the application. If Commission denies the application, the project may not be
constructed and a similar request may not be submitted for six months.
ENVIRONMENTAL DETERMINATION
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. 15332 for In -Fill Development Projects. If
the project is denied, it is exempt from the provisions of CEQA Section 15270(a) for Projects
Which Are Disapproved.
CONCLUSION
The proposed construction satisfies all applicable Code requirements and the intent of the
Residential Design Guidelines. Approval of the project will allow redevelopment of the lot
and provide additional home ownership opportunities in the City.
Attachments: 1. Draft Planning Commission Resolutions
2. Applicant's Project Description Letter
3. Location/Aerial Map
4. Plans
Distribution: Development Services Director
Deputy City Attorney
City Engineer
Transportation Services Manager
Fire Protection Analyst
Staff (4)
File (2)
Alison Nguyen
Alpha Construction
14561 Golders Green Lane
Westminster, CA 92683
Kathy Nguyen
9600 Calendula Avenue
Westminster, CA 92683
File: 041111 PA1038 I Date: 032811 1 Time: 3:15 .m.
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