Loading...
HomeMy WebLinkAbout96-15 - Approving Planning Action PA-96-03, CUP to Construct Mini-Mart and Refurbish Gas StationRESOLUTION NO. 96-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -96-03, A CONDITIONAL USE PERMIT TO CONSTRUCT A MINI -MART AND REFURBISH AN EXISTING GAS STATION. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Scott Peotter, authorized agent for Union Oil of California, doing business as UNOCAL/Philip Dedge, with respect to property located at 2281 Newport Boulevard, Costa Mesa, requesting a Conditional Use Permit to demolish an existing gas station building and construct a new 1,372 -square -foot mini -mart at an existing UNOCAL 76 gas station in a C2 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on January 8, 1996; and WHEREAS, an interested party filed an appeal of said Planning Commission decision on January 15, 1996; and WHEREAS, the City Council held a duly noticed public hearing 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 Exhibit "B" and the applicant's voluntary conditions attached hereto, the City Council hereby APPROVES the Conditional Use Permit to demolish the existing gas station building and construct a new mini -mart with respect to Planning Action PA -96703 as 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 -96-03, and upon applicant's compliance with each and all of the conditions contained in Exhibit "B" and the applicant's voluntary conditions. 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 20th day of February, 1996. ATTEST: l• Deputy Cit Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) r M1qr of the City of Costa Mesa APPROVED AS TO FORM 0 Y ATT �JEY 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. 96-15 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 y Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. PA -96-03 Conditional Use Permit - construct mini -mart and refurbish existing gas station A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-347, in that the proposed development is substantially compatible with developments in the same general area; granting the 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 in that the site has been a gas station and the proposed mini -mart is compatible with similar gas stations in the City. 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. 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 bee found to be exempt. C. The project is exempt from Article 22Z, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -96-03 Ping.1. -Approval shall be for a period o.' 1 year. Prior to expiration, applicant may request renewal, subject to reevaluation at that time. The Development Services Director may extend the Planning Action for a period not to exceed two (2) years if all conditions of approval have been satisfied, no complaints have been received, and the site inspection reveals compliance with applicable Ordinance requirements. Thereafter, the Development Services Director may extend the permit for :successive two (2) year periods under the same terms. 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. Concrete wheel stops shall be installed 2' from the front edge of open parking spaces. 4. 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. 5. The Conditions of Approval and Code Requirements of Planning Action PA -96-03 shall be blueprinted on the face of the site plan. 6. 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. 7. The proposed trash enclosure shall be located out of required setback area. CODE REQUIREMENTS Ping.1. Approval of the Planning Action is valid for one (1) year and will expire at the end of that perliod 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 ADPL. PA -96-03 releases will not be granted until all such licenses have been obtained. 3. Permits shall be obtained for all signs, including banners and other special event signing, .according to the provisions of the Costa Mesa Sign Ordinance. 4. Parking stalls shall be double -striped in accordance with City standards. 5. 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. 6. 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. 7. 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 at 631-1291 - for requirements. 8. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 9. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland cement concrete curbing. 10. Trash enclosure(s) or other acceptable means of trash disposal shall be provided. Design of trash enclosure(s) shall conform with City standards. Standard drawings are available from the Planning Division. 11. All conditions of the California Alcoholic Beverage Control Board shall be complied with. Comm.12. Liquidambar on. Fairview to remain. Street trees in Svcs. the front setback shall meet with the approval of the Community Services Department. Newport street trees shall be Pyrus calleyana "Aristocrat", 15 -gallon minimum size, spaced at 30' on center. Bldg.13. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". Eng. 14. 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 APDL. PA -96-03 Engineering Permits being issued by City of Costa Mesa. Pay Offsite 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. 15. A Site Access permit and deposit of $500 for street sweeping will be required by the Engineering Division, prior to the start of any on- or off-site work. 16. 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. 17. Haul routes must be approved by the Engineering Division, prior to approval of the Site Access Permit. 18. ..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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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 pump island for the proposed gas station/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. Fire 24. Provide fire extinguishers with a minimum rating of 2A to be located within 75 feet of travel distance from all areas. Extinguishers may be of a type rated 2A,10BC as these extinguishers are suitable for all types -of fires and are less expensive. APPL. PA -96-03 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. 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. UIE APPLICANT'S VOLUNTARILY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 5067 2281 NEWPORT BLVD COSTA MESA, CALIFORNIA Applicant voluntarily agrees to limit the parameters of his operation as follows: 1. 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 6:00 a.m. or after 1:00 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 in 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; UNOCAL APPLICANT'S VOLUNTARILY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 5067 2281 NEWPORT BLVD COSTA MESA, CALIFORNIA 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, of course, 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 7:00 p.m. and 1:00 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; 18. All products sold at the FASTBREAK food mart must be preapproved by Unocal; UNOCAL APPLICANT'S VOLUNTARILY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 5067 2281 NEWPORT BLVD COSTA MESA, CALIFORNIA 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 identify and actions of all persons entering or exiting the premises; 20. The applicant shall maintain free of litter all areas of the premises under 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 $50.00 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; 23. 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. UNOCAL APPLICANT'S VOLUNTARILY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY UNOCAL SERVICE STATION NO. 5067 2281 NEWPORT BLVD COSTA MESA, CALIFORNIA 24. The applicant shall provide adequate lighting above the entrance to the premises sufficient in strength tomake visible the identity and actions of all persons entering or exiting the premises; 25. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 26. Signs and curb painting shall be utilized on site to encourage parking in designated parking spaces;