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HomeMy WebLinkAbout98-07 - Approving CUP PA-97-53RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT PA -97-53. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Frank Haselton of LSA Associates, Inc., authorized agent for Westar Nutrition, Inc., with respect to the real property located at 1239 Victoria Street, requesting a conditional use permit to allow manufacturing of vitamins and dietary food supplements at Westar Nutrition in an MG zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on December 22, 1997; and WHEREAS, the applicant appealed the Planning Commission action to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on January 19, 1998; NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and findings contained in Exhibit "A", subject to conditions of approval contained in Exhibit "B", the City Council of the City of Costa Mesa hereby adopts the Negative Declaration and approves conditional use permit PA -97-53 for a period not to exceed two (2) years from the date of final City Council action, with respect to the property described above. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that approval of the conditional use permit is expressly predicated upon the activity as described in the staff report for conditional use permit PA -97-53, 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 19th day of January, 1998. c - Mayor of the City of s Mesa ATTEST: T. Deputy City C rk of the City of Costa Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA) jP. 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. FP -7 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 19th day of January, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 201h day of January, 1998. 12k�l -F - � I_Zt..4 N - ---- Deputy CitA Clerk and ex -officio Clerk of the City Co cil of the City of Costa Mesa EXHIBIT "A" PLANNING STAFF FINDINGS APPL. PA -97-53 A. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(2) in that the proposed vitamin and dietary supplement manufacturing use, if operated with specific conditions in place for a period not to exceed two (2) years, 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. The use could be considered incompatible, as evidenced by numerous complaints from neighbors and the City's determination that the MG zone is inappropriate. The recommended two-year limit on the conditional use permit is a balance between needs of the business to continue operations until they can relocate and the needs of residents to have a neighbor that will not disrupt the peace and quiet of the residential neighborhood. The limited term of the conditional use permit, the mitigation measures for this project and the conditions of approval will assist in ensuring that this use will not be incompatible with surrounding uses nor with future growth and development in the general area. 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 project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -97-53 Ping. 1. Approval of Conditional Use Permit PA -97-53 shall be for a period of two (2) years from the date of final City Council action. An extension of time will not be permitted. 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. All construction conducted by Westar or its designee(s) without benefit of Planning and Building approvals and applicable permits shall be ceased until approvals and permits have been obtained and inspections have been made. 3. Approval of this conditional use permit is limited to those manufacturing operations currently in place. Building area devoted to manufacturing and processing (other than packaging and storage) shall not be increased beyond the current 2,300 sq. ft. Injection - made, soft -gel capsules shall not be manufactured at this address. 4. The applicant shall ensure that all mechanical equipment relating to the manufacturing operation, with the exception of one oven (used for drying green barley), is turned off no later than 7 p.m. 5. There shall be no loading and unloading of trucks on this property except inside the covered truck delivery area. Westar shall notify its drivers, vendors and delivery companies of the need to have their drivers comply with this condition. 6. Manufacturing operations shall be limited to the hours between 6:30 a.m. and 7:00 p.m., Monday through Friday, with no manufacturing conducted on Saturday and Sunday. 7. If SCAQMD determines that an odor nuisance exists and that devices or certain action steps are required, mitigation as required by mitigation measure #14 shall be completed, with appropriate permits and inspections, within 60 days of SCAQMD direction. 8. The acoustical analysis required by mitigation measure #16 shall be submitted to the Development Services Department within 14 days of final Planning Commission action. The analysis shall include what, if any, modifications are needed to be made by Westar in order to comply with the City's noise ordinance standards. Any necessary changes to the building or equipment shall be completed within •30 days, with appropriate approvals, permits and inspections. APPL. PA -97-53 9. Four (4) sets of site plans shall be submitted to the Development Services Department within 30 days of final Planning Commission action. The plans shall identify: a. the removal of the old trash enclosure walls from the east side wall of this property; b. the relocation of the existing trash enclosure at the southwest corner of the site to an interior location further removed from the residential property, in accordance with condition #17 (existing trash enclosure walls shall be removed and the area shall be landscaped); c. adjustment of the parking and landscaping through redesign and restriping to provide 100 on-site parking spaces per City parking standards; d. all storage racks in the warehouse area, including structural details and calculations for Building Division review and permits, with a notation that this area is to be used for "temporary loading and unloading and for appurtenant storage only"; e. installation of a 6' to 7' high block wall along the rear (southerly) property line, with adjustments in the location of that wall at the southeast corner to connect the sidewalk on Sea Bluff Drive, under the direction of Public Services Department. This work shall be completed in a timely manner. Permits shall be obtained for the above and all work, except for the block wall, shall be completed within 60 days of final Planning Commission action. 10. Exterior lighting shall be directed away from residents. Lights shall be shielded or repositioned to ensure that light spillover onto residential property does not occur. The applicant shall contact the Planning Division to arrange for an evening inspection of the lighting system within two (2) weeks of final Planning Commission action. 11. Effective immediately, Westar shall only utilize trucks that can drive into and through the covered delivery area without driving over parking spaces at the rear of the site, or backing up to negotiate the turn into the delivery area. Idling of trucks shall be prohibited. Trucks may not back onto the site from Victoria Street. Westar shall notify all vendors and delivery truck drivers of these on-site circulation requirements. 12. 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. 13. The conditions of approval and ordinance or code provisions of conditional use permit PA -97-53 shall be blueprinted on the face of the site plan. * 16. * 17. * 18 * 19. * 20. * 21. * 22. APPL. PA -97-53 In consultation with the South Coast Air Quality Management District, appropriate odor -absorbing devices shall be installed. All outdoor business activities such as loading, unloading 'of trucks, trash pick-up, and forklifts shall be prohibited between the hours of 7 p.m. and 7 a.m., Monday through Friday, and shall be prohibited on Saturday and Sunday. Truck loading and unloading shall be confined to the enclosed loading area on the east side of the building. The applicant shall provide an acoustical analysis demonstrating that the noise associated with the rooftop equipment is in compliance with City of Costa Mesa's noise regulations. The trash enclosure shall be moved to a location that minimizes impacts to surrounding properties, under the direction of the Planning Division All wastewater discharge shall conform with the County Sanitation Districts of Orange County's discharge regulations. Outdoor storage of any materials associated with the manufacturing use shall be prohibited. The applicant is required to maintain a fire permit which shall be renewed on an annual basis with the City of Costa Mesa Fire Department. A Hazardous Material Disclosure Statement shall be maintained with the City of Costa Mesa Fire Department; the disclosure statement shall be updated as required by the Fire Department. The applicant shall conform to the requirements of the Fire Department regarding the use and storage of any hazardous material. Installation of a 6 to 7 foot high solid masonry wall on the south property line, where is currently does not exist, shall be required under the direction of the Planning and Engineering Divisions. *These mitigation measures from 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. APPL. PA -97-53 Ping. 1. All work activities, shall be conducted indoors, including the use of forklifts. 2. 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. 3. The site shall contain a minimum of 100 parking spaces per Code requirements with parking spaces (standard, compact, and handicap) and back-up aisles complying with City parking standards in terms of numbers and dimensions. 4. Parking stalls shall be double -striped in accordance with city standards. 5. All compact parking spaces shall be clearly marked "compact" or "small car only". 6. The replacement trash enclosure shall be designed per City standards. 7. Landscaping and irrigation shall be installed and maintained in accordance with the approved plans (per PA -92-70) and as modified (as a result of providing parking and relocating the trash enclosure), per the City landscape ordinance, prior to final inspection. 8. 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. 9. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division per detailed plans, and subject to permits and inspections from the Building Division. 10. The City's sign ordinance only allows the display of flags of a nation or of the State of California. The "Westar" flag shall be removed immediately from the flagpole. 11. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations".