Loading...
HomeMy WebLinkAbout96-17 - Approving Planning Action PA-96-10RESOLUTION NO. 96-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -96-10. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Scott Peotter on behalf of UNOCAL, authorized agent for the estate of Mary Belle Tobias, with respect to real property located at 393 East 17th Street, requesting a Conditional Use Permit to improve the existing UNOCAL gas station, including construction of a new 1,373 -square -foot food mart and concurrent sale of beer and wine and motor- vehicle fuel in a C 1 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on January 22, 1996; and and WHEREAS, this application was appealed by the authorized agent on January 29, 1996; WHEREAS, a duly noticed public hearing was held by the City Council on February 20, 1996; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and findings contained in Exhibit "A", and subject to . conditions contained in Exhibits "B" and "B-1", the City Council hereby APPROVES Planning Action PA -96- 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 Planning Action PA -96-10, and upon applicant's compliance with each and all of the conditions contained in Exhibits "B" and "B-1". Should any material change occur in 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 20th day of February, 1996. ATTEST: _7kA,A-� (, Deputy City C rk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) _�e'j", , MN of the City of Costa Mesa APPROYCD AS T0, F RM /✓'/ �l�. ��TY AT CRNEY 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. 96-17 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 20th day of February, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21st day of February, 1996. Deputy City lerk and ex -officio Clerk of the City Co cil of the City of Costa Mesa EXHIBIT "A" PLANNING STAFF FINDINGS APPL. PA -96-10 Conditional Use Permit - Construct new food mart and refurbish existing oras station site. A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-347 in that the proposed food mart building and site improvements, with some modifications proposed by Staff, are substantially compatible with develop- ments in the same general area; granting the Conditional Use Permit will not be detrimental to the health, safety and gen- eral welfare of the public or other properties or improvements within the immediate vicinity; and granting the Conditional Use Permit will not allow a use, density or intensity which is not in accordance with the General Plan designation for the property. This site has been originally developed and contin- uously used as a service station; a small-scale food mart has been operating in conjunction with the gas station at this site since 1988 without incident. Furthermore, gas station/ mini -mart uses are located throughout the City. B. The project has been reviewed for compliance with the Califor- nia 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 224, 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 by the payment of traffic impact fees. Conditional Use Permit - Concurrent sale of alcoholic beverages and motor vehicle fuel. A. The information presented does not substantially comply with Section 13-347 of the Costa Mesa Municipal Code in that the granting the Conditional Use Permit will be detrimental to the health, safety and general welfare of the public or other pro- perties or improvements within the immediate vicinity because there is currently a substantial overconcentration of off -sale liquor licenses in this census tract. This census tract has 14 active off -sale liquor licenses with a population of 6,782 persons; a 15th license would allow an off -sale liquor license ratio of 1 such license per 452 persons.' The off -sale liquor license ratio allowed is 1 license per 1,522 persons. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -96-10 Ping.1. The Conditional Use Permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the acitivity authorized hereby for a period of 180 days or more. The Conditional Use Permit may be referred to the Planning Commission for modification or revocation at any time if the Conditions of Approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the Development Services Director or his designee, any of the findings upon which the approval was based are no longer applicable. 2. Street addresses shall be displayed on the freestanding ground 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. Concrete wheel stops shall be installed 2' from the front edge of open parking spaces, if determined necessary by Planning Staff. S. Demolition permits for existing structure(s) shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 6. All new construction shall be architecturally compatible with regard to building materials, style, colors, etc. This means that the proposed food mart building and the refurbish overhead canopy shall be designed so that what is ultimately achieved on-site will be one new development. Plans submitted for plan check shall indicate how this will be accomplished. 7. The proposed air/water unit (shown on plans in the front landscaped setback) shall be relocated to an interior planter or area on the property, under the direction of the Planning Division. 8. The site plan shall be redesigned to provide one (1) driveway on Tustin Avenue and one (1) additional on-site parking space (for a total of six (6) spaces, per Code). The landscape planters shall be extended along this frontage on both sides of the driveway, under the direction of the Planning Division. 9. A copy of the conditions of approval for the Conditional Use Permit must be kept on premises and presented to any APPL. PA -96-10 authorized City official upon request. New business/ property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 10. The Conditions of Approval and Code Requirements of Planning Action PA -96-10 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. This inspection is to confirm that the Conditions of Approval and Code Requirements have been satisfied. 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 Planning 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, final occupancy and utility releases will not be granted until all such licenses have been obtained. 3. Permits shall be obtained for all signs, according to the provisions of the Costa Mesa Sign Ordinance. 4. Development shall comply with all requirements of Article 16, Chapter II, Title 13 of the Costa Mesa Municipal Code. 5. Parking stalls shall be double -striped in accordance with City standards. 6. All on-site utility services shall be installed underground. 7. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 8. 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 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. 9. 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. 10. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code APPL. PA -96-10 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. 11. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 12. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland cement concrete curbing. 13. A trash enclosure shall be provided as noted on plans. The trash enclosure design shall conform with City standards. Standard drawings are available from the Planning Division. Bldg 14. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". Eng. 15. At the time of development submit for approval an Off- site Plan to the Engineering Division and Grading Plan to the Building Department that shows sewer, water, existing parkway improvements and the limits of work on the site, prepared by a civil engineer or architect. Site access approval must be obtained prior to Building or Engineering Permits being issued by 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. 16. A Site Access permit and deposit of $500 will be required by City of Costa Mesa Engineering Division, prior to the start of any on- or off -site work, which may be necessary during construction for street sweeping. 17. Maintain the public right-of-way in a "wet -down" condition to the degree necessary to prevent excessive dust and periodically remove any spillage from the public right-of-way by sweeping or sprinkling. 18. Haul routes must be approved by the Engineering Division, prior to approval of the Site Access Permit. 19. 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. 20. 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 off-site plan, including four (4) feet clear around obstructions in the sidewalk. 21. Obtain a permit from the Engineering Division, at the time of development and then modify P.C.C. driveway approach per City of Costa Mesa Standards as shown on the off-site Plan to meet A.D.A. requirements. APPL. PA -96-10 22. Obtain a permit from the Engineering Division, at the time of development and then construct wheelchair ramp on the corner of 17th Street and Tustin Avenue if existing ramp does not meet ADA requirements. 23. 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. Trans24. Fulfill mitigation of off-site traffic impacts 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 150 trip ends per fueling space for the proposed gas service/mini-mart 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 $16,000. 25. Construct commercial driveway approaches) at location (s) specified on submitted site plan. Widths of all drive approaches shall be aligned with on-site planter curb treatments for ingress and egress. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. 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. Schl. 4. Applicant shall submit proof that applicable developer fee has been paid (if any are required) to the Newport Mesa Unified School District (556-3241) prior to the issuance of building permits. APPL. PA -96-10 EXHIBIT 11B-1" Additional Conditions and Code Requirements for concurrent sale of alcohol beverages and motor vehicle fuel CONDITIONS OF APPROVAL Ping.l. The issuance of a use permit shall be subject to periodic review. 2. Alcoholic beverage sales shall be limited to beer and wine only with no hard or malt liquor sold. 3 The site operator and employees will be required to attend, participate and successfully complete a three week training program which will include and is not limited to training segments on safety, accident prevention, robbery deterrence, personal safety, responsible tobacco retailing, loitering deterrence, effective alcohol management, facility maintenance and litter control. All facility personnel will be required to participate in quarterly reviews. 4. The hours of sale of beer and wine shall be limited so that no sales occur before 6 a.m. or after 1 a.m. daily. 5. Applicant shall post signage at food mart precluding consumption of alcoholic beverages on site and precluding loitering. 6. Applicant shall post signs at the food mart in compliance with any and all municipal codes notifying the public in both English and predominant second language in the area with regard to open containers. 7. Exterior advertising shall comply with all local sign ordinances and there will be no advertising indications of the availability of alcoholic beverages. 8. There will be no beer and wine advertisement located on the motor fuel island. 9. No fortified wines shall be sold. 10. No ice in quantities of less than 2 pounds shall be sold, furnished or given away. 11. No beer and wine will be displayed within five feet of the cash register or the front door, unless it is in a permanently affixed cooler. 12. No beer or wine display will be made from an ice tub. 13. No single can sales of beer, 40 ounce or magnum beers will be permitted. 14. No sale of beer and wine will be made from a drive-in window. 15. No self -illuminating advertising for beer and wine shall be located on the building or windows. 16. Employees on duty,between 7 p.m. and 1 a.m. who sell beer and wine shall be at least 21 years of age. 17. There will be no coin operated amusement devices or video games on the premises. APPL. PA -96-10 18. All products sold at the FASTBREAK food mart must be preapproved by Unocal. 19. Applicant will secure the premises with appropriate security lighting and employee scrutiny of the adjacent areas under which applicant has control to preclude trash, graffiti or littering and any lighting under the control of applicant shall be directed in such a manner so as not to unreasonably interfere with the quiet enjoyment of nearby residences. Applicant shall further provide adequate lighting above the .entrance to the premises sufficient in strength to make visible the identity and actions of all persons entering or exiting the premises. 20. The applicant shall maintain free of litter all areas of the premises over which applicant has control. 21. Any graffiti painted or marked upon the premises shall be removed or painted over within 72 hours of the discovery thereof. 22. A sign will be posted in the window to identify that the cash register contains $50 or less in cash and the drop safe is not accessible to employees. 23. There shall be no sale or rental of any adult magazines, videos, tapes, discs or films at this location. 24. The public restroom will be available for public use while the FASTBREAK food mart is open for business. 25. The food mart is equipped with a security camera that is capable of receiving an image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras will be maintained in proper working order at all times and shall be subject to periodic inspection by the local police department. 26. The applicant shall provide adequate lighting above the entrance to the premises sufficient in strength to make visible the identity and actions of all persons entering or exiting the premises. 27. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 28. Signs and curb painting shall be utilized on site to encourage parking in designated parking spaces. 29. The liquor license shall be a liquor license already existing in the City of Costa Mesa. CODE REQUIREMENTS Ping.l. No alcoholic beverage shall be displayed within five feet of the cash register or the front door. 2. No sale of alcoholic beverages shall be made from a drive-in window. 3. No alcoholic beverages shall be sold or displayed outdoors. 4. No display or sale of alcoholic beverages shall be made from an ice tub. APPL. PA -96-10 5. No alcoholic beverage advertising shall be located on motor fuel islands, and no self -illuminated advertising for alcoholic beverages shall be located on buildings or windows. 6. Employees on duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 years of age to sell alcoholic beverages.