Loading...
HomeMy WebLinkAbout07-60 - Approving Planning Application PA-07-01 and Zoning App ZA-07-23RESOLUTION NO. 07-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -07-01 AND ZONING APPLICATION ZA-07-23. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Total Real Estate Development, authorized agent for C. J. Segerstrom and Sons, with respect to the real property located at 3200 Harbor Boulevard, requesting approval of a conditional use permit to construct an approximately 20,470 square foot automotive dealership (Carmax Auto Superstore) in conjunction with a variance from maximum building height (30 feet allowed; 41 feet proposed), an. administrative adjustment for landscape setback along a portion of the Gisler Avenue frontage (15 feet required; 10 feet proposed), and a Planned Signing Program; and WHEREAS, a duly noticed public hearing was conducted by the Planning Commission on June 11, 2007; and PA -07-01 and ZA-07-23 was approved; and WHEREAS, the environmental review for the project was processed in accordance with the requirements of the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City of Costa Mesa environmental procedures, and an Initial Study/Mitigated Negative Declaration was prepared and made available for public review from May 21, 2007, to June 10, 2007, and public comments consisting of written and oral testimony on the Initial Study/Mitigated Negative Declaration, and responses to the public comments, was reviewed and considered by the Planning Commission during the public hearing on June 11, 2007; and WHEREAS, on June 18, 2007, Planning Commission's approval of PA -07-01 and ZA-07-23 was appealed. to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on July 3, 2007. BE IT RESOLVED, according to the Initial Study/Negative Declaration, which reflects the independent judgment of the City of Costa Mesa, the proposed project would not have a significant effect on the environment. Additionally, the evidence in the record as a whole indicates that the project will not or cumulatively have an adverse effect on wildlife resources or habitat; and BE IT FURTHER 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", as well as conformance with the Mitigation Measures and Mitigation Monitoring Program contained in Exhibits "C" and "C-1", the City Council hereby APPROVES and PA -07-01 and ZA-07-23 for 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 as described in the staff report for PA -07-01 and ZA-07-23 and upon applicant's compliance with each and all of the conditions of approval contained in Exhibit "B", as well the Mitigation Measures and Mitigation Monitoring Program contained in Exhibits "C" and "C-1". 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 3rd day of July, 2007. ATTEST: lie Folcik, City Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: Ki berly 14all Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 07-60 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 3rd day of July, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, FOLEY, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: DIXON IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 5th day of July, 2007. C 12., �'- D '- -�- D J IE FOLCIK, CITY CLERK PA -07-01 /ZA-07-23 EXHIBIT "A" FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: • A compatible and harmonious relationship exists between the proposed buildings, site development, and uses, and existing buildings, site development, and uses on surrounding properties. • Safety and compatibility of the design of the buildings, parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation. • The proposed project will comply with the performance standards as prescribed in the Zoning Code. The proposed use is consistent with the General Plan. • The planning application is for a project -specific case and does not establish a precedent for future development. • The cumulative effect of all the planning applications have been considered. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) with regard to the conditional use permit in that the proposed development and use is substantially compatible with developments in the same general area. Granting the conditional use permit will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to properties or improvements within the immediate neighborhood. Specifically, the development complies with the intent of the Zoning Code, as conditioned, to ensure compatibility with the surrounding neighborhood. Conditions of approval include no test driving of vehicles on residential streets, restricting driveway access east of College Avenue, and limiting allowed driveway access on Gisler Avenue to right turns only. These and other issues have been incorporated into the conditions of approval and mitigation measures for the project. C. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(1) to justify the variance for increased building height because of special circumstances applicable to the property. Specifically, a relatively small portion of the roof exceeds the height requirement, and the majority of the proposed building is under the maximum allowable height of 30 feet. Additionally, the proximity of the site to the elevated 1-405 Freeway creates a special circumstance where approval of the variance is justified, and the gabled roof element provides architectural interest to the building as seen from Harbor Boulevard and the 1-405 Freeway. Granting the variance will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity under identical zoning classifications. PA -07-01 /ZA-07-23 D. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(1) with regard to the administrative adjustment for reduced landscape setback because the strict application of the development standard deprives such property of privileges enjoyed by others in the vicinity under an identical zoning classification. Specifically, the reduced setback is consistent with other existing automotive dealerships in the City. Additionally, the subject site will have the full 20 feet of landscaping along the Harbor Boulevard frontage required per code and the total length of the reduced setback is only 260 feet of the approximately 1,245 total feet of lot frontage along Gisler Avenue, or 21 percent. Granting the administrative adjustment will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity under identical zoning classifications. E. The planned signing program substantially complies with Costa Mesa Municipal Code Section 13-29(g)(8) because the proposed signage, as conditioned, is consistent with the intent of the Sign Code and the General Plan. The signs allowed under the planned signing program are consistent with similar signage within the area, taking into account sign style and shape, materials, letter style, colors, and illumination. The signs allowed under the planned signing program are compatible with the buildings and developments they identify — taking into account materials, colors, and design motif. Approval does not constitute a grant of special privilege or allow substantially greater visibility than what the standard sign provisions allow. F. 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 Mitigated 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. G. 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. H. The project, as conditioned, is consistent with Chapter XII, Article 3, 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 PA -07-01 /ZA-07-23 Ping. 1. 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. 2. The conditional use permit herein approved shall be valid until revoked. However, the conditional use permit shall expire at the end of one (1) year unless a business license is obtained and/or the business legally commences or the applicant applies for and is granted an extension of time. 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 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. Nothing in this condition shall exempt the applicant from complying with any time limits applied to any construction authorized by this application. 3. Prior to issuance of building permits, applicant shall contact the US Postal Service with regard to location and design of mail delivery. facilities. Such facilities shall be shown on the site plan, landscape plan, and/or floor plan. 4. The project is subject to compliance with all applicable federal, state, and local laws. A copy of the applicable Costa Mesa Municipal Code requirements has been forwarded to the applicant and, where applicable, the authorized agent, for reference. 5. * Construction activities shall not occur outside the hours of 7 a.m. and 8 p.m., Monday through Friday, and 8 a.m. to 6 p.m. on Saturdays. No construction shall occur on Sundays and federal holidays. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting and other quiet interior work. 6. The use of any external public address system is prohibited. This includes music, voice paging systems, telephone and other bells or buzzers, and all other amplified or broadcast sound systems. 7. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or business owner shall institute whatever security and operational measures are necessary to comply with this requirement. 8. No storage of vehicles in a wrecked or dismantled condition shall be permitted. PA -07-01 /ZA-07-23 9. Street setback landscape planters shall have approved turf and/or ground cover on the street side front half of the planter and shrubbery plantings and trees on the back half. The number of trees and shrubs shall comply with Costa Mesa Municipal Code Section 13-106 for required landscaping materials. 10. Depth of the landscape planter along the Harbor Boulevard/1-405 frontage shall be a minimum of 20 feet. Depth of the landscape planter along the Gisler Avenue frontage between Harbor Boulevard and the first driveway approach shall be a minimum of 10 feet. 11. Deleted. 12. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 13. The subject property's ultimate finished grade level may not be filled/raised unless necessary to provide proper drainage, and in no case shall it be raised in excess of 30 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on-site stormwater flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public stormwater facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall be continuously maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties. 14. The conditions of approval and ordinance or code provisions of Planning Application PA -07-01 and ZA-07-23 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 15. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts shall be permitted. 16. Show method of screening for all ground -mounted mechanical equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). Ground -mounted electrical and mechanical equipment shall not be located in any landscaped setback visible from the street. 17. Cornices and other architectural elements shall be wrapped around to the side and rear of building facades. 18. Demolition permits for existing structures shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Eng Trans. PA -07-01 /ZA-07-23 Management District may be required ten. (10.) days prior. .to demolition. 19. Vehicle deliveries and off-loading shall be limited to between the hours of 9:00 a.m. to 5:00 p.m., Monday through Saturday. Additionally, trucks shall be shut down so they are not idling during off-loading of vehicles. 20. Project driveways shall be prohibited east of College Avenue. 21. Every effort shall be made to follow sustainable building practices in the construction of the building and development of the project site. Compliance and certification with the United States Green Building Council's LEED program is highly encouraged. 22. As part of the Planned Signing Program approval, the 281 square foot illuminated wall sign on the south (Gisler Avenue) elevation (shown as sign "C3") shall be eliminated from this elevation, but may be relocated to the north (1-405) elevation. The 62 square foot wall sign on the south (Gisler Avenue) elevation (shown as sign "D") shall be non -illuminated. Additionally, the developer is advised that alterations to the freestanding freeway sign shall comply with all applicable requirements of Code Sections 13-121 and 13-122 of the Costa Mesa Municipal Code relating to nonconforming signs. 23. Parking lot lighting shall be shielded to minimize spillover and direct views by the adjacent residences. Additionally, exterior lighting shall be reduced 50% after the store closes to the public and an additional 25% after employee operating hours. Light levels shall not exceed 1 foot -candies on adjacent residential properties. 24. Deleted. 25. * The project shall comply with the mitigation measures identified in the Initial Study/Mitigated Negative Declaration prepared for the project and attached to this resolution as "Exhibit C". 26. Maintain the public right-of-way in a "wet down" condition to prevent excessive dust and remove any spillage from the public right-of-way by sweeping or sprinkling. 27. * This project may result in queues that extend beyond the existing southbound left -turn storage. The City shall evaluate this impact over a period of five (5) years from the issuance of Certificate of Occupancy. If it was determined by the City of Costa Mesa at any time during the five (5) year period that the southbound queues at the Harbor Boulevard/Gisler Avenue intersection extend beyond the available storage, then the project applicant shall be responsible for all design and construction costs for extending the left -turn storage up to the intersection of the Harbor Boulevard and 1-405 southbound offramp intersection. 28. All project driveways shall prohibit left turns eastbound onto Gisler Avenue. PA -07-01 /ZA-07-23 29. * The security gate at the first sales lot driveway shall be designed for employee and emergency fire access only. 30. * Deleted. 31. * The east driveway shall be aligned along College Avenue to become a four -legged intersection. 32. * The east driveway shall prohibit vehicles exiting the site to travel eastbound along Gisler Avenue or southbound along College Avenue. 33. * Deleted. 34. All deliveries shall be left turn movements into the site. No commercial traffic is permitted on College Avenue or on Gisler Avenue, east of College. 35. Test drives by prospective customers or Carmax employees shall be conducted on arterial streets only. Test drives shall not be conducted on College Avenue, Gisler Avenue (east of College), or on any residential streets. 36. No parking of employee or customer cars shall be permitted within the residential neighborhoods. 37. Loading and unloading of vehicles delivered to the site via transport trucks shall not be conducted within public streets. 38. The applicant shall design and install medians on Gisler Avenue at the project driveways to restrict vehicles from making left - turns out of the site, as determined by the Transportation Services Division. City 39. The applicant shall construct a decorative block wall along the Council Gisler Avenue frontage of the subject property, minimum 8 feet in height, within the front landscape setback extending from the second driveway approach east of Harbor Boulevard to the easternmost property line. The wall shall incorporate vines and enhanced landscaping visible from the street. Wall and landscape materials shall be subject to approval by the Planning Division. 40. Storage of vehicle inventory shall not be permitted on any public streets. *Deletion of any mitigation measures will require a finding by the decision-making body that no significant environmental impacts will be created and the Mitigated Negative Declaration is still valid. EXHIBIT "C" SUMMARY OF MITIGATION MEASURES IS/MND FOR CARMAX 3200 HARBOR BOULEVARD — PA-07-01/ZA-07-23 Air Quality AQ -1 The project site shall be watered three times per day during demolition activities to reduce fugitive PM10 (dust) emissions. Cultural Resources CR -1 If during construction, archaeological resources are uncovered at the site, all work within 50 meters (165 feet) of the find shall cease until a qualified professional archaeologist can evaluate the find. The City of Costa Mesa Development Services Department and a qualified archaeologist (approved by the City of Costa Mesa) shall be immediately contacted by the project applicant, or designated representative thereof. When contacted, the representative of the City and the archaeologist shall immediately visit the site to determine the extent and significance of the resources and to record, map, and catalogue artifacts as required by standard archaeological practices. CR -2 If during construction, paleontological resources are uncovered at the site, all work within 50 meters (165 feet) of the find shall cease until a qualified professional paleontologist can evaluate the find. The City of Costa Mesa Development Services Department and a qualified paleontologist (approved by the City of Costa Mesa) shall be immediately contacted by the project applicant, or designated representative thereof. When contacted, the representative of the City and the paleontologist shall immediately visit the site to determine the extent and significance of the resources and to record, map, and catalogue artifacts as required by standard paleontological practices. CR -3 If human remains are unearthed during earthmoving activities, then earthmoving activities shall cease immediately, and no further disturbance shall occur until the City's coroner has made the necessary findings about the origin and disposition of the remains pursuant to CEQA regulations. and the Public Resources Code Section 597.9. Geology and Soils GS -1 Prior to the issuance of grading permits, Terracon or another qualified engineering geologist approved by the City of Costa Mesa shall review and approve all grading plans and earthwork operation plans in relation to the Earthwork Considerations set forth in the Geotechnical Engineering Report. The applicant shall provide verification to the City of Costa Mesa that the recommendations in the Geotechnical Engineering Report will be incorporated into the project design. GS -2 Terracon or another qualified engineering geologist approved by the City of. Costa Mesa shall be given 48-hour advance notice in order to provide testing and observation during excavation, grading, foundation, and construction phases of the project. Hydrology and Water Quality HW -1 Prior to the issuance of grading permits, the project applicant shall submit a Water Quality Management Plan in accordance with the regulations of the Santa Ana Regional Water Quality Board (SARWQCB) to the City of Costa Mesa and the SARWQCB for review and approval. Noise N-1 Construction activities shall notoccur outside of the hours of 7 a.m. through 7 p.m. Monday through Friday, and 8 a.m. through 6 p.m. on Saturdays. No construction shall occur on Sundays or federal holidays. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting and other quiet interior work. N-2 Limit hours of operation of equipment which produce significant noise or levels noticeably above general construction noise to between the hours of 10 a.m. and 4 p.m. N-3 All construction equipment shall be muffled and shall be maintained in good working order to reduce equipment related noise generation. N-4 If heavy construction activities occur adjacent to noise sensitive land uses, then temporary noise barriers shall be installed to protect those land uses during the periods of loudest construction events. N-5 All construction activities shall comply with applicable state and local construction noise regulations. Transportation/Traffic TT -1 Harbor Boulevard/Gisler Avenue Intersection. This project may result in queues that extend beyond the existing southbound left -turn storage. The City shall evaluate this impact over a period of five (5) years from the issuance of Certificate of Occupancy. If it was determined by the City of Costa Mesa at any time during the five (5) year period that the southbound queues at the Harbor Boulevard/Gisler Avenue intersection extend beyond the available storage, then the project applicant shall be responsible fro all design and construction costs for extending the left -turn storage up to the intersection of the Harbor Boulevard and 1-405 southbound offramp intersection. TT -2 City Trip fee Mitigation. Fulfill mitigation of off-site traffic impacts at the time of issuance of Certificate 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 will be calculated based upon the submitted trafficstudy and will include a credit for existing uses. The current rate per trip end is $181.00. Note: The traffic impact fee will be recalculated at the time of issuance of Certificate of Occupancy based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. TT -3 All project driveways shall prohibit left turns eastbound onto Gisler Avenue. TT -4 The security gate at the first sales lot driveway shall be designed for employee and emergency fire access only. TT -5 Deleted. TT -6 The east driveway shall be aligned along College Avenue to become a. four -legged intersection. TT -7 The east driveway shall prohibit vehicles exiting the site to travel eastbound along Gisler Avenue or southbound along College Avenue. TT -8 Deleted. Exhibit "C-1" CARMAX AUTO SUPERSTORE MITIGATION MONITORING PROGRAM Mitigation Measure Responsible Implementation Agency 1. Monitoring Phase 2. Enforcement Agency 3. Monitoring Agency Monitor (Signature Required) Date of Compliance AQ.1: The project site shall be watered Project Developer 1. Grading and Construction three times per day during demolition 2. Building Safety Division activities to reduce fugitive PM10 (dust) emissions. 3. Building Safety Division CR -1: If during construction, Project Developer/ 1. Grading and Construction archaeological resources are uncovered Consulting 2. Planning Division at the site, all work within 50 meters (165 Archaeologist 3. Planning Division feet) of the find shall cease until a qualified professional archaeologist can evaluate the find. The City of Costa Mesa Development Services Department and a qualified archaeologist (approved by the City of Costa Mesa) shall be immediately contacted by the project applicant, or designated representative thereof. When contacted, the representative of the City and the archaeologist shall immediately visit the site to determine the extent and significance of the resources and to record, map, and catalogue artifacts as required by standard archaeological practices. Carmax Auto Superstore Mitigation Monitoring Program Page 1 Exhibit "C-1" CARMAX AUTO SUPERSTORE MITIGATION MONITORING PROGRAM Mitigation Measure Responsible Implementation Agency . 1. Monitoring Phase 2. Enforcement Agency 3. Monitoring Agency Monitor (Signature Required) Date of Compliance CR -2: If during construction, Project Developer/ 1. Grading and Construction paleontological resources are uncovered Consulting 2. Planning Division at the site, all work within 50 meters (165 feet) of the find shall cease until a paleontologist 3. Planning Division qualified professional paleontologist can evaluate the find. The City of Costa Mesa Development Services Department and a qualified paleontologist (approved by the City of Costa Mesa) shall be immediately contacted by the project applicant, or designated representative thereof. When contacted, the representative of the City and the paleontologist shall immediately visit the site to determine the extent and significance of the resources and to record, map, and catalogue artifacts as required by standard paleontological practices. CR -3: If human remains are unearthed Project Developer/ 1. Grading and Construction during earthmoving activities, then Coroner 2. Planning Division earthmoving activities shall cease immediately, and no further /disturbance 3. Planning Division shall occur until the City's coroner has made the necessary findings about the origin and disposition of the remains pursuant to CEQA regulations and the Public Resources Code Section 597.9. Carmax Auto Superstore Mitigation Monitoring Program Page 2 Exhibit "C-1" CARMAX AUTO SUPERSTORE MITIGATION MONITORING PROGRAM Mitigation Measure Responsible Implementation Agency 1. Monitoring Phase 2. Enforcement Agency 3. Monitoring Agency Monitor (Signature Required) Date of Compliance GS -1: Prior to the issuance of grading Project Developer 1. Preconstruction (prior to permits, Terracon or another qualified issuance of grading or engineering geologist approved by the construction permits) City of Costa Mesa shall review and 2. Building Safety Division approve all grading plans and earthwork operation plans in relation to the 3. Building Safety Division Earthwork Considerations set forth in the Geotechnical Engineering Report. The applicant shall provide verification to the City of Costa Mesa that the recommendations in the Geotechnical Engineering Report will be incorporated into the project design. GS -2: Terracon or another qualified Project Developer 1. Grading and Construction engineering geologist approved by the 2. Building Safety Division City of Costa Mesa shall be given 48-hour advance notice in order to provide testing 3. Building Safety Division and observation during excavation, grading, foundation, and construction phases of the project. Carmax Auto Superstore Mitigation Monitoring Program Page 3 Exhibit "C-1" CARMAX AUTO SUPERSTORE MITIGATION MONITORING PROGRAM Mitigation Measure Responsible 1. Monitoring Phase Monitor Date of Implementation 2. Enforcement Agency (Signature Compliance Agency 3. Monitoring Agency Required) HW -1: Prior to the issuance of grading Project Developer 1. Preconstruction (prior to permits, the project applicant shall submit issuance of grading or a Water Quality Management Plan in construction permits) accordance with the regulations of the 2. Building Safety Division Santa Ana Regional Water Quality Board (SARWQCB) to the City of Costa Mesa 3. Building Safety Division and the SARWQCB for review and approval. N-1: Construction activities shall not Project Developer 1. Grading and Construction occur outside of the hours of 7 a.m. 2. Building Safety Division through 7 p.m. Monday through Friday, and 8 a.m. through 6 p.m. on Saturdays. 3. Building Safety Division No construction shall occur on Sundays or federal holidays. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting and other quiet interior work. N-2: Limit hours of operation of Project Developer 1. Grading and Construction equipment which produce significant noise 2. Building Safety Division or levels noticeably above general 3. Building Safety Division construction noise to between the hours of 10 a.m. and 4 p.m. Carmax Auto Superstore Mitigation Monitoring Program Page 4 Exhibit "C-1" CARMAX AUTO SUPERSTORE MITIGATION MONITORING PROGRAM Mitigation Measure Responsible 1. Monitoring Phase Monitor Date of Implementation 2. Enforcement Agency (Signature Compliance Agency 3. Monitoring Agency Required) N-3: All construction equipment shall be Project Developer 1. Grading and Construction muffled and shall be maintained in good 2. Building Safety Division working order to reduce equipment related 3. Building Safety Division noise generation. N-4: If heavy construction activities occur Project Developer 1. Grading and Construction adjacent to noise sensitive land uses, then 2. Building Safety Division temporary noise barriers shall be installed to protect those land uses during the 3. Building Safety Division periods of loudest construction events. N-5: All construction activities shall Project Developer 1. Grading and Construction comply with applicable state and local 2. Building Safety Division construction noise regulations. 3. Building Safety Division Carmax Auto Superstore Mitigation Monitoring Program Page 5 Exhibit "C-1" CARMAX AUTO SUPERSTORE MITIGATION MONITORING PROGRAM Mitigation Measure Responsible Implementation Agency 1. Monitoring Phase 2. Enforcement Agency 3. Monitoring Agency Monitor (Signature Required) Date of Compliance TT -1: Harbor Boulevard/Gisler Avenue Project Developer/ 1. Five (5) years from the issuance Intersection. This project may result in Transportation of Certificate of Occupancy queues that extend beyond the existing Services Division 2 Transportation Services southbound left -turn storage. The City Division shall evaluate this impact over a period of five (5) years from the issuance of 3. Transportation Services Certificate of Occupancy. If it was Division determined by the City of Costa Mesa at any time during the five (5) year period that the southbound queues at the Harbor Boulevard/Gisler Avenue intersection extend beyond the available storage, then the project applicant shall be responsible fro all design and construction costs for extending the left -turn storage up to the intersection of the Harbor Boulevard and 1-405 southbound offramp intersection. Carmax Auto Superstore Mitigation Monitoring Program Page 6 Exhibit "C-1" CARMAX AUTO SUPERSTORE MITIGATION MONITORING PROGRAM Mitigation Measure Responsible Implementation Agency 1. Monitoring Phase 2. Enforcement Agency 3. Monitoring Agency Monitor (Signature Required) Date of Compliance TT -2: City Trip fee Mitigation. Fulfill Project Developer 1. Prior to the issuance of mitigation of off-site traffic impacts at the Certificate of Occupancy time of issuance of Certificate of 2. Transportation Services Occupancy by submitting to the Planning Division Division the required traffic impact fee pursuant to the prevailing schedule of 3. Transportation Services charges adopted by the City Council. The Division traffic impact fee will be calculated based upon the submitted traffic study and will include a credit for existing uses. The current rate per trip end is $181.00. Note: The traffic impact fee will be recalculated at the time of issuance of Certificate of Occupancy based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. TT -3: All project driveways shall prohibit Project Developer 1. Preconstruction (prior to left turns eastbound onto Gisler Avenue. issuance of grading or construction permits) 2. Transportation Services Division 3. Transportation Services Division Carmax Auto Superstore Mitigation Monitoring Program Page 7 Exhibit "C-1" CARMAX AUTO SUPERSTORE MITIGATION MONITORING PROGRAM Mitigation Measure Responsible 1. Monitoring Phase Monitor Date of Implementation 2. Enforcement Agency (Signature Compliance Agency 3. Monitoring Agency Required) TT -4: The security gate at the first sales lot Project Developer 1. Preconstruction (prior to driveway shall be designed for employee issuance of grading or and emergency fire access only. construction permits) 2. Transportation Services Division 3. Transportation Services Division TT -5: Deleted. TT -6: The east driveway shall be aligned Project Developer 1. Preconstruction (prior to along College Avenue to become a four- issuance of grading or legged intersection. construction permits) 2. Transportation Services Division 3. Transportation Services Division TT -7: The east driveway shall prohibit Project Developer 1. Preconstruction (prior to vehicles exiting the site to travel issuance of grading or eastbound along Gisler Avenue or construction permits) southbound along College Avenue. 2. Transportation Services Division 3. Transportation Services Division TT -8: Deleted. Carmax Auto Superstore Mitigation Monitoring Program Page 8