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HomeMy WebLinkAbout96-104 - Approving Planning Action PA-96-67N RESOLUTION N0. 96 - b4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -96-67. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Muirfield Properties, authorized agent for the Costa Mesa Redevelopment Agency, with respect to real property at 1815 Newport Boulevard, requesting a Planned Development review of a 21,150 - square -foot commercial building with deficient setbacks, in the PDC zone; and WHEREAS, at a duly noticed public hearing held on November 25, 1996, the Planning Commission recommended approval of Planning Action PA -96-67 and Redevelopment Action RA -96-02; and WHEREAS, the project was reviewed by the Redevelopment Agency on December 9, 1996; 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 adopts the Negative Declaration of Environmental Impact and approves Planning Action PA -96-67 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 the activity of this project as described in the staff report for Planning Action PA -96-67, 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 16th day of December, 1996. ATTEST: T. Deputy City Cler of the City of Costa Mesa STATE OF CALIFORNIA 1 COUNTY OF ORANGE ) ss CITY OF COSTA MESA 1 Mayor of the City ofs a Mesa PROVED AS TO FORM CITY ATTORNEY 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- i0!� was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 16th day of December, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of December, 1996. T' Deputy City Cler and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. PA -96-67 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. 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. An initial study was prepared, pursuant to the California Environmental Quality Act. Although the proposed project could have a significant effect on the environment, according to the initial study and negative declaration, which reflect the independent judgment of the city of Costa Mesa, there will not be a significant effect on the environment because mitigation measures have been added to the project. C. The evidence presented in the record as a whole indicates that the project will not individually or cumulatively have an adverse effect on wildlife resources or habitat. D. The project, as conditioned, is consistent with Article 22%2, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. Increase setback landscaping, by reducing parking aisle width, along West 18'' Street and Park Avenue under the direction of the Planning staff. 2. Provide a decorative gate on both ends of the area between the new building and the existing Courtyards building, under the direction of Planning staff. 3. 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'/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. 4. Except as necessary for drainage, existing grades at property lines shall be maintained. 5.- The conditions of approval and ordinance or code provisions of planning action PA-96-67/redevelopment action RA -96-02 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. Provide proof that the necessary documents ensuring access and parking for 1801 Newport Boulevard (the dental building) on this site and ingress and egress across this site for 1835 Newport Boulevard (the Courtyards) are recorded prior to the release of building permits. 8. Maintain the site in a "wet -down' condition to the degree necessary to prevent excessive dust. Periodically remove spillage from the public right-of- way by sweeping or sprinkling. 9. Construction shall not occur between the hours of 8 p.m. and 7 a.m., Monday through Friday, nor before 8 a.m. or after 7 p.m. on Saturday and Sunday. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting and other quiet interior work. 10. Prior to issuance of building permits, permit applicant shall submit for approval of Development Services Department, a water quality management Plan" (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural BMPs applicable to the project, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.), and shall reference the location(s) of structural BMPs. 11. Trash enclosures and dumpsters shall be covered and protected from roof and surface drainage. If water cannot be diverted from the areas, a self -,contained drainage system that discharges to the sanitary sewer (with approval from the Costa Mesa Sanitary District) or to a storm drain through a sand filter should be considered. Sand filters shall be inspected and cleaned at the appropriate intervals. 12. Efficient irrigation, appropriate landscape design and proper maintenance shall be implemented to reduce excess irrigation runoff, promote surface filtration and minimize use of fertilizers, herbicides and pesticides. 13. Fulfill mitigation of off-site traffic impacts at the time of issuance of occupancy 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 for a typical retail commercial project At the current rate of $200.00 per trip end, the Traffic Impact Fee is estimated as $314,200.00. 14. Construct a block wall, not to exceed 6' in height from the highest grade or 9' in height from the lowest grade on the property line between this site and the residential property to the northeast. 15. Windows along the Newport Boulevard frontage shall not be opaqued without prior staff approval. 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. All contractors and subcontractors must have valid business licenses to do business in the city of Costa Mesa. Final inspections and final occupancy will not be granted until all such licenses have been obtained. 2. 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 the applicant applies for and is granted an extension of time. 3. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. (Signs shown on the proposed building elevations are not approved as a part of this action.) 4. All work shall be conducted under -roof. Outdoor work or display is prohibited. 5. Development shall comply with all requirements of Article 16, Chapter II, Title 13 of the Costa Mesa Municipal Code relating to commercial development standards. 6. Parking stalls shall be double -striped in accordance with city standards. 7. All compact parking spaces shall be clearly marked "compact" or "small car only". 8. All on-site utility services shall be installed underground. 9. 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. 10. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 11. 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. 12. 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. 13. 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 - (714) 631-1291 for requirements. 14. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 15. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland Cement Concrete curbing. 16. Trash enclosure or other acceptable means of trash disposal shall be provided. Design of trash enclosure shall conform with city standards. Standard drawings are available from the Planning Division. 17. In compliance with the city's mitigation monitoring program, the applicant shall submit a compliance report to the Planning Division along with plans for plan check, or prior to commencement of the project's activity if no construction is involved, that lists each mitigation measure and states when and how the mitigation measures are to be met. Comm 18. Street trees in the front setback shall meet with the approval of the Community Ser. Services Department. Street trees shall be Platanus acerifolia along Park Avenue and Pyrus kawakami along Newport Boulevard, 15-gallon minimum size, spaced at 30' on center. 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 pernuts 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 engineeringlutility permits being issued by the city. 20. A site access permit and deposit of $1,000.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 21. Haul routes must be approved by the Engineering Division, prior to approval of the site access permit. 22. Submit plans to and obtain a permit from CALTRANS prior to performing any work in the state right-of-way. 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 on Park Avenue and Newport Boulevard.. 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. ADA compliance is required for all driveways. 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. Fulfill Drainage Ordinance Fee requirements prior to approval of approval of plans. 28. 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. Private lateral connections to City storm drains will require a Hold Harmless Agreement prior to issuance of permit. Fire 29. Provide a Class A fire hydrant to be located on the north side of the Newport Boulevard driveway. 30. The hydrant shall be installed and operable prior to the initiation of combustible construction. 31. Water improvement plans shall be approved by the Fire Department. 32. Provide an automatic fire sprinkler system according to NFPA 13D. SPECIAL 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 (714) 754-5307 for inspection. I Developer shall submit a plan showing sewer improvements to the district engineer's office- (714) 631-1731. School 4. Applicant shall submit proof that applicable development fee has been paid to the Newport Mesa Unified School District (556-3241) prior to the issuance of building permits. Fish & 5. Applicant shall submit a check to the Planning Division for an environmental Game handling fee of $38.00 made payable to the county clerk-recorder within seven (7) days of project approval. Approval of this project will not be vested or final until the filing fee (required under section 711.4 of the Fish and Game Code) has been paid [PRC 21089(b)].