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HomeMy WebLinkAbout97-66 - Approving Planning Action PA-97-27RESOLUTION NO. 9,7-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -97-27. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Himes Peters Jepson Architects, Inc., authorized agent for James Lewis, with respect to the real property located at 1785 - 1791 Monrovia Avenue, requesting approval of a conditional use permit for an auto towing service outdoor storage yard in the MG zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 23, 1997, at which time the Planning Commission denied the application; and WHEREAS, the property owner appealed the Planning Commission's decision on June 26, 1997; and WHEREAS, a duly noticed public hearing was held by the City Council on July 21, 1997. NOW, THEREFORE, BE IT RESOLVED that, based on evidence in the record and the findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the City Council of the City of Costa Mesa hereby adopts the Negative Declaration and approves Planning Action PA -97-27 with respect to the property described above. BE IT FURTHER RESOLVED that the City Council of the City of Costa Mesa does hereby find and determine that adoption of this resolution is expressly predicated upon the activity as described in the staff report for Planning Action PA - 97 -27 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 21 St day of July, 1996. C 2a Mayor of the City of tlta Mesa ATTEST: i_ Deputy City( lerk of the City of Costa Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA) -kPPROVED AS -10 FORM Y 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. o7 -(o6 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 21St day of July, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 22"d day of July, 1997. Deputy Cit Clerk and ex -officio Clerk of the City CoLYncil of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(2) in that the proposed auto tow storage yard 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. Specifically, no dispatch will occur from this location. Additionally, conditions of approval will mitigate any impacts the use could have on the adjoining residential and day care uses. 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 is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. The conditional use permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity 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 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 '/4" stroke and shall contrast sharply with the background. ;. Except as necessary for drainage, existing grades at property lines shall be maintained. 4. The conditions of approval and ordinance or code provisions of conditional use permit PA -97-27 shall be blueprinted on the face of the site plan. 5. The applicant shall contact the Planning Division to arrange for a "special requirements" inspection of the site prior to the release of utilities and prior to commencement of vehicle storage on the site. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. *6. 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. *7. 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. *8. Hours of operation shall be limited to 7 a.m. to 9 p.m., Monday through Friday and 8 a.m. to 9 p.m. Saturday and Sunday. *9. Prior to issuance of any building permits, applicant shall submit a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural and non-structural Best Management Practices (BMPs) outlined in the countywide National Pollution Discharge Elimination System (NPDES) Drainage Area Management Plan (DAMP), Appendix G. The WQMP shall detail implementation of BMPs not dependent on specific land uses, for review and approval by the Development Services Department. *10. A minimum 8' high wall, as measured from the highest grade. shall be provided Eng. on all interior property lines. The wall shall be of a finished quality. * 11. A 5' deep planter bed, planted with tall -growing shrubs, shall be provided adjacent to all property lines which abut properties containing residences and/or a preschool. * 12. Vehicles shall not be stacked. * 13. Only vehicles acquired through the normal towing service shall be stored on the premises *14. The site shall be used for storage purposes only. No other work including, but not limited to, repair and dismantling, shall be conducted on-site. * 15. Security lighting shall be directed and/or shielded from the adjoining residents. * 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. * These mitigation measures of the negative declaration have been included as conditions of approval. If any of these conditions are removed, the decision- making body must make a finding that the project will still not result in significant environmental impacts and that the negative declaration is still valid. 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. PlnQ. 1. All contractors and subcontractors must have valid business licenses to do business in the city of Costa Mesa. Final inspections and utility releases will not be granted until all such licenses have been obtained. 2. Approval of the conditional use permit is valid for one (1) year and will expire at the end of that period unless building permits are obtained and business commences, or 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. =4. Development shall comply with all requirements of Section 13-54(a) and Article 9, Chapter V, Title 13 of the Costa Mesa Municipal Code relating to industrial development standards. 5. Parking stalls shall be double -striped in accordance with City standards. 6. Requirements of the California Department of Motor Vehicles shall be met. 7. Applicant shall comply with all requirements of Costa Mesa Municipal Code Section 9-283. 8. A pay telephone shall be installed adjacent to and on the outside of the gate prior to the placement of any vehicles on the property. 9. Prior to placing any vehicles on the lot, a Right -of-Entry and Hold Harmless agreement, approved by the City attorney, shall be recorded against the property to ensure compliance with code requirement number 10. 10. If for any reason, the certificate of public convenience and necessity is not current (expired or revoked), the storage lot shall be vacated and all vehicles removed from the lot within 45 days from the date of expiration or revocation. 11. Conditional Use Permit PA -97-27 is valid only when accompanied by current certificate of public convenience and necessity to provide towing services within the City of Costa Mesa, issued to the operator of the subject facility. 12. All on-site utility services shall be installed underground. 13. 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. 14. 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. 15. 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. 16. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-103 through 13-108 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. 17. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 18. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland Cement Concrete curbing. 19. 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. Bldg. 20. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". Comm. 21. Street trees in the front setback shall meet with the approval of the community Svcs. services department. Street trees shall be Pyrus calleryana bradfordi, 15 -gallon minimum size, spaced at 30' on center. Eng. 22. 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 off-site 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. 23. A site access permit and deposit of $350.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 24. Haul routes must be approved by the Engineering Division, prior to approval of the site access permit. 25. Submit required cash deposit or surety bond to guarantee construction of off-site 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. 26. 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. 27. 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. A.D.A. compliance is required for all driveways. 28. 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. 29. Fulfill Drainage Ordinance Fee requirements prior to approval of plans. SPECIAL DISTRICT REQUIREMENTS The requirement of the following special district is hereby forwarded to the applicant: Fish 1. Applicant shall submit a check to the Planning Division for an & environmental handling fee of $38.00 made payable to the county clerk - Game 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)].