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HomeMy WebLinkAbout95-85 - Approving Zoning Action ZA-95-10RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING ZONING ACTION ZA-95-10. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Darryl Nagao, authorized agent for Koichi Takeuchi/Kyotaro Hawaii Corporation, with respect to real property located at 3099 Bristol Street, requesting a Minor Conditional Use Permit to construct a 2,310 -square -foot McDonald's restaurant with a drive-thru window in the Cl zone; and WHEREAS, the Zoning Administrator reviewed and approved Zoning Action ZA-95-10, per the findings and subject to conditions noted in the approval letter to Koichi Takeuchi of Kyotaro Hawaii Corporation, dated August 3, 1995; and WHEREAS, an appeal was filed by an interested party on August 9, 1995; and WHEREAS, the Planning Commission approved ZA-95-10 at a duly noticed public hearing September 11, 1995; and WHEREAS, an appeal was filed by an interested party on September 13, 1995; and WHEREAS, the City Council held a duly noticed public hearing on October 16 1995; 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 Zoning Action ZA-95-10 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 operation of the business or activity in the manner described in the staff report for Zoning Action ZA-95-10, 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 approvals herein contained, shall be deemed null and void. PASSED AND ADOPTED this 16th day of October, 1995. ATTEST: r. Deputy C§ Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Aw, Ma of the City of Costa Mesa A OVED AS TO FORM CITY AT CR`dEY I, MARY T. ELLIOTT, 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.q6- e5— was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 16 day of October, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of October, 1995. Deputy Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS ADPL. ZA-95-10 A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-347 in that: 1. The proposed restaurant with drive-through window is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area because of the location of the property on Bristol Street in an intensive commercial area. 2. Granting the Minor Conditional Use Permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to properties or improvements within the immediate 'neighborhood since the site is separated from residences to the west by a parking structure on an adjacent property. 3. 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. B. 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. C. The project, as conditioned, is consistent with Article 22h, Transportation System Management of Title 13, of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated at all affected intersections. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. ZA-95-10 Ping.l. 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. 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. Numerals shall be a minimum 12" in height with not less than 3/4" 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" in height with not less than 1/4" stroke and shall contrast sharply with the background. 3. Except as necessary, for drainage, existing grades at property lines shall be maintained. 4. Increase planter areas by 2' in front of all parking spaces to allow the curbing to act as wheel bumpers. 5. There are four (4) mature pine trees along the rear of the site. The three tallest pine trees shall remain in place and be protected during project construction. These trees shall be noted on the landscape plans and shall count towards the tree requirement for the site. 6. The existing electrical transformer pad shall be relocated out of the parking area. Proposed location and screening are subject to Planning Division approval. 7. Building elevations shall consist of the following (or equivalent), as depicted on the colorboard submitted to the Planning Division: • Exterior plaster: Sinclair "Linen" (off white) paint • Trellises and wood trim: Sinclair CM8526 (mocha brown) • Cornices and wainscot: Sinclair CM8515 (putty) • Fixtures and decorative metal angles: Sinclair CB9010 (red) • Awnings: StarLit P715 "Star Red" 8. Approval of ZA-95-10 does not constitute approval of signs for McDonald's. Signs shall be reviewed under separate permit. 9. A copy of the conditions of approval for the Zoning Action 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. ADPL. ZA-95-10 10. The Conditions of Approval and Code Requirements of Zoning Action ZA-95-10 shall be blueprinted on the face of the site plan. 11. The applicant shall contact the Planning Division to arrange for a "Special Requirements" 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. 12. All McDonald's employees shall park in the parking structure west of the proposed restaurant. Twelve (12) spaces in the structure are designated for this property per recorded document #A83-428-009. 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. 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. Permits shall be obtained for all signs, including banners and other special event signing, according to the provisions of the Costa Mesa Sign Ordinance. 3. Development shall comply with all requirements of Article 16, Chapter II, Title 13 of the Costa Mesa Municipal Code. 4. Parking stalls shall be double -striped in accordance with City standards. 5. Any future compact parking spaces proposed shall be clearly marked "compact" or "small car only". 6. All on-site utility services shall be installed underground. 7. Installation of all utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property. The installation shall be in a manner acceptable to the public utility and shall be in the form of a vault, wall cabinet, or wall box under the direction of the Planning Division. 8. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 9. Four (4) sets of detailed landscape and irrigation plans shall be required as part of the project plan check review and approval process. Three (3) sets shall be provided to the representative Water Agency and one (1) set shall be submitted to the Planning Division for APPL. 2A-95-10 review. Plans shall be approved by the Water Agency with two (2) approved sets forwarded by the applicant to the Planning Division for final approval prior to issuance of building permits. 10. Two (2) sets of landscape and irrigation plans, approved by both the Water Agency and the Planning Division, shall be attached to two of the final building plan sets. 11. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-263 through 13-266 as well as irrigation requirements set forth by the Water Agency. Consult with the representative Water Agency (Mesa Consolidated Water District, Ray Barela - 631-1291) for requirements. 12. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 13. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland cement concrete curbing. 14. Trash enclosures or other acceptable means of trash disposal shall be provided. Design of trash enclosures shall conform with City standards. Standard drawings are available from the Planning Division. (Design shown on site plan does not meet City standard.) 15. All exterior lighting shall be reviewed and approved under the direction of the Planning Division. 16. Outdoor public communication systems shall not be audible in adjacent residential areas. Comm 17. Trees in the front setback shall meet with the approval Svs of the Community Services Department. Street trees shall be Pinus Canariensis, 15 -gallon minimum size, spaced at 30' on center. Bldg.18. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". Eng. 19. 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, and hydrology calculations, both prepared by a civil engineer or architect. Site 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 Engineer- ing/Utility Permits being issued by the City. 20. A Site Access permit and deposit of $500.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 21. Maintain the public right-of-way in a "wet -down" condition to the degree necessary to prevent excessive APPL. ZA-95-10 dust and periodically remove any spillage from the public right-of-way by sweeping or sprinkling. 22. Haul routes must be approved by the Engineering Division, prior to approval of the Site Access Permit. 23. Submit required cash deposit or surety bond to guarantee construction of offsite street improvements at time of permit per Costa Mesa Municipal Code Section 15-32, and as approved by City Engineer. Cash deposit or surety bond amount to be determined by the City Engineer. 24. Obtain a permit from the Engineering Division, at the time of development 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. 25. Obtain a permit from the Engineering Division, at the time of development and then construct P.C.C. driveway approach per City of Costa Mesa Standards as shown on the offsite plan. Location and dimensions are subject to the approval of the Transportation Services Manager. 26. Obtain a permit from the Engineering Division, at the time of development and then remove any existing driveways and/or curb depressions that will not be used and replace with full height curb and sidewalk at applicant's expense. 27. Obtain a permit from the Engineering Division, at the time of development and then construct wheelchair ramp on the corner of Bristol Street and Access Road (Plaza Drive). 28. Dedicate a 15 -foot diagonal corner cut-off at the corner of Bristol Street and Access Road (Plaza Drive). 29. Submit legal description for the new area of dedication, plat of new dedication area, both prepared by a civil engineer, and Title Report Update of subject property. 30. Fulfill Drainage Ordinance Fee requirements prior to approval of plans. 31. Private on-site drainage facilities and parkway culverts or drains will not be maintained by the City of Costa Mesa; they shall be maintained by the owner or developer of the property. 32. Provide path of travel from public sidewalk to the site. Trans33. Fulfill mitigation of off-site traffic impacts, prior to issuance of Certificate of Occupancy/Utilities Release for the building(s), by submitting to the Planning Division the required Traffic Impact Fee pursuant to the prevailing schedule of charges adopted by the City Council. The Traffic Impact Fee is calculated based upon the average daily trip generation rate of 632.13 trip ends per 1,000 square feet for the proposed 2,307 square foot use and includes a credit for any existing use. At the current rate of $200 per trip end, the Traffic Impact Fee is estimated as $91,400.00. APPL. ZA-95-10 35. Construct drive approach at location specified (access road) on the submitted site plan. 36. Provide proof of ingress and egress easement for the on- site drive approach. 37. The developer shall extend the existing northbound Bristol Street left -turn pocket to an appripriate length as determined by a study within one year of occupancy or two years if the proposed McDonalds at Newport Boulevard and Del Mar Avenue is approved. This condition would be waived upon satisfactory demonstration by the developer in the study that the existing pocket is adequate. Fire 38. Provide an approved automatic extinguishing system for all cooking surfaces, hoods and ducts. , 39. A Fire Department permit for Place of Assembly is required. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani.l. Developer will be required to construct sewers to serve this project, at his own expense, meeting the approval of the Costa Mesa Sanitary District. 2. County Sanitation District fees, fixture fees, inspection fees, and sewer permit required prior to installation of sewer. To receive credit for buildings to be demolished, call 754-5307 for inspection. 3. Developer shall submit a plan showing sewer improvements to the District Engineer's Office - 631-1731.