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HomeMy WebLinkAbout97-89 - Approving Final Development Plan PA-97-28RESOLUTION NO. C? 7- F2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING FINAL DEVELOPMENT PLAN PA -97-28. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Brenda Godfrey of Borders Costa Mesa, LLC, and the City of Costa Mesa, with respect to real property located at 1884 and 1898 Newport Boulevard and 145 East 19th Street, Buildings A -C, requesting approval of a Final Development Plan to construct a one-story, 25,200 -square -foot commercial building (Borders Books) with excess compact parking (25 percent maximum permitted, 28 percent proposed), and outside dining in the Newport Boulevard setback, in conjunction with a rezone of the subject property from C1, C2, and P to PDC (Planned Development Commercial); and WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 23, 1997; and WHEREAS, the City Council and Redevelopment Agency of the City of Costa Mesa held duly noticed joint public hearings on July 14, 1997, August 11, 1997, September 8, 1997, and October 20, 1997; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and findings contained in Exhibit "A", and subject to conditions of approval contained in Exhibit "B", the City Council hereby approves Final Development Plan PA -97-28 with respect to the property described above. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that approval of the Final Development Plan is expressly predicated upon the activity as described in the staff report for Rezone Petition R-97-06 and Final Development Plan PA -97-28, and upon applicant's compliance with each and all of the conditions of approval contained in Exhibit "B". Should any material changes 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 20th day of October, 1997. ATTEST: T Deputy Ci Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) W100 1 kq •t rMITT Tum"Wif PPROVED AS TO FORM j(* lo -lb `77 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. 97- Ey was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 20th day of October, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21 st day of October, 1997. -77 Deputy Cit lerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The proposed project is consistent with the objectives of the Redevelopment Plan and will not be detrimental to public welfare or injurious to property or improvements in the area. B. The proposed improvements, including the parking lot encroachment into the required street setbacks, are compatible with the standards and requirements set forth in the redevelopment plan, or adopted pursuant to the plan. C. The proposed rezone is consistent with the General Plan and the Redevelopment Plan. D. 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. E. 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. F. The project is exempt from Chapter IX, Article II, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -97-28/R-97-06 Ping. 1. Phase II (replacement or modification of Building C at 145 East W' Street) shall require approval by Planning Commission of an amendment to the final development plan. Said amendment shall be filed within one year of final City Council action on PA -97-28. 2. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units, suites, buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings for both phases. 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 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. 4. Except as necessary for drainage, existing grades at property lines shall be maintained. 5. Concrete wheel stops shall be installed 2' from the front edge of open parking spaces, or where applicable, landscape planters shall be increased 2' in depth to allow curbing to serve as a wheel stop. 6. 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. 7. A continuous shrub hedge, maintained at least 3' high, shall be provided in front of the required perimeter wall, under the direction of fhe Planning Division. The shrub selection and details shall be included on the required landscape and irrigation plans for this project. 8. Parking lot lighting shall be designed to maximize illumination on the entire lot at night (minimum 1 footcandle) while avoiding light spillover onto nearby residences. The lighting plan shall detail how this will be accomplished and shall include lighting fixture drawings. 9. The loading dock shall be screened to the maximum extent possible in a manner acceptable to the Planning Division. This may require construction of a wing wall along the south side of the loading area. 10. Truck deliveries shall not occur anytime between 9 p.m. and 7 a.m. 11. The restaurant shall be limited to the type of operation described in the staff report. Any change in the operational characteristics including, but not limited to, hours of operation, sale of alcoholic beverages or provision of entertainment, APPL. PA -97-28/R-97-06 will require approval of an amendment to the conditional use permit, subject to Planning Commission approval 12. Live entertainment, such as poetry reading, pantomime, or other quiet forms of entertainment or non -amplified music by individuals or small groups are acceptable at this location but may only be permitted subject to City issuance of a "public entertainment permit." Contact Code Enforcement (754-5059) for application information. 13. There shall be no sales of alcoholic beverages for off-site consumption in connection with Borders Cafe.. 14. A copy of the conditions of approval for the conditional use permit 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. 15. The conditions of approval and ordinance or code provisions of final development plan PA -97-28 shall be blueprinted on the face of the site plan. 16. 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. * 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. The applicant shall contact the South Coast Air Quality Management District for regulations pertaining asbestos removal prior to demolition of the buildings. * 19. The applicant shall contact the Air Quality Management District [(800) 388- 2121] for conditions of development and/or additional permits required by the district. Written proof from AQMD that these requirements have been satisfied shall be provided to the planning staff prior to issuance of building permits for each phase of the project. *20. A minimum of seven, 36 -inch box trees with a crown (not palm trees) shall be incorporated within the landscaped area throughout the project site. This number represents 20% of the total (33) interior trees shown on the proposed landscape plan. *21. A Moot high, split -face block wall or other decorative wall shall be constructed along the perimeter of the parking lot, behind the street setback landscaping along East 19" Street, Fullerton Avenue and Flower Street. In lieu of a 3 -foot wall, where depth permits, a 22 -inch to 3 -foot high berm may be substituted and combined with a continuous landscape screen to achieve a minimum 3 -foot overall height under the direction of the Planning staff. *22. 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. *23. Prior to issuance of a demolition permit for the Mesa Theater, the applicant APPL. PA -97-28/R-97-06 shall provide photographic and written documentation of the history of the theater to the City of Costa Mesa Planning Division and the Costa Mesa Historical Society. The report shall consist of information such as the date of original construction and dates of any major modifications, building description, past and current ownership information, and any history that may describe the early days of Costa Mesa. *24. 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. * 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. Ping. 1. Approval of the planning application 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. With the exception of the outdoor dining area, all businesses shall be conducted under -roof. Outdoor work or display is prohibited. 5. Development shall comply with Section 13-58 and Article 6, Chapter V, Title 13 of the Costa Mesa Municipal Code pertaining to planned development standards. 6. Proof of recordation of the final lot line adjustment shall be submitted prior to issuance of building permits. 7. Parking stalls shall be double -striped in accordance with City standards. 8. All compact parking spaces shall be clearly marked "compact" or "small car only". 9. All on-site utility services shall be installed underground. 10. 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, APPL. PA -97-28/R-97-06 wall cabinet, or wall box under the direction of the Planning Division. 11. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 12. 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. 13. 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. 14. 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. 15. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 16. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland Cement Concrete curbing. 17. 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. 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". 19. Obtain approval of Orange County Environmental Health Agency for food preparation and food service facilities. 20. Comply with City of Costa Mesa grading and drainage requirements. Com 21. Street trees in the front setback shall meet with the approval of the community Svs services department. Street trees shall be Pyrus Kawakami on Newport Boulevard and Pyrus Calleryana Bradfordi on 10 Street, 15 -gallon minimum size, spaced at 30' on center. Existing trees on Flower Street shall remain. 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 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. 23. A site access permit and deposit of $1000 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 24. 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. 25. Haul routes must be approved by the Engineering Division, prior to approval of the APPL. PA -97-28/R-97-06 site access permit. 26. 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. 27. 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. ADA compliance required for all driveways. 28. 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 off-site plan. Location and dimensions are subject to the approval of the transportation services manager. 29. 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. 30. Dedicate a diagonal corner cut-off at the corner of 19" Street and Fullerton Avenue, also Flower Street and Fullerton Avenue per City of Costa Mesa Standard #414. . 31. 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. 32. Fulfill drainage ordinance fee requirements prior to approval of plans. 33. 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. 34. Remove all existing victorian style street lights along 19I' street, return to City possession, then replace around the site with Downtown street lighting, per City of Costa Mesa Streetscape Guidelines. Tran 35. Fulfill mitigation of off-site traffic impacts at the time of issuance of, building permit 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 74.31 trip ends per 1,000 square feet for the proposed commercial use and includes a credit for any existing use. At the current rate of $220 per trip end, the traffic impact fee is estimated as $0. Fire 36. Provide an automatic fire sprinkler system according to NFPA 13. SPECIAL REOUIREMENTS The requirements of the following special district(s) are hereby forwarded to the applicant: Sani. 1. Developer shall 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 APPL. PA -97-28/R-97-06 demolished, call (714) 754-5307 for inspection. 3. Developer shall submit a plan showing sewer improvements to the district engineer's office- (714) 631-1731. AQMD 4. Applicant shall contact the Air Quality Management District (800) 388-2121 for potential additional conditions of development or for additional permits required by the district. Schl. 5. 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. F&G 6.. Applicant shall submit a check to the .Planning Division for an environmental 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)].