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HomeMy WebLinkAbout93-62 - Aproving Planning Action PA-93-22til RESOLUTION NO. 93-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -93-22. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Brennan Cassidy, authorized agent for the City of Costa Mesa, with respect to real property located at 121 East 17th Street, requesting a variance from setback requirements to allow construction of an approximately 2,800 -square -foot medical building in a C2 zone, General Business District; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on May 24, 1993, upon which the variance was approved; and WHEREAS, an interested party filed an appeal of said Planning Commission decision on May 28, 1993; and WHEREAS, the City Council held a duly noticed public hearing on July 6, 1993; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and findings contained in Exhibit "A", the City Council hereby approves Planning Action PA -93-22 with respect to the property described above. PASSED AND ADOPTED this 19th day of July, 1993. ATTEST: f. Deputy City lerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Mayor of the City o Costa Mesa 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. 93-62 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 19th day of July, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 20th day of July, 1993. Deputy Cit lerk and ex -officio Clerk of the City Co ncil of the City of Costa Mesa EXHIBIT "All PLANNING STAFF FINDINGS APDL. PA -93-22 A. The information presented substantially complies with Section 13-346 of the Costa Mesa Municipal Code in that special circumstances applicable to the property exist to justify granting of the Variance from setback requirements. Strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. Specifically, the shape and location of the parcel are such that buildable lot area similar to those located within the area and under the same zoning designation is not provided. Granting the Variance 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 22-1/2 , Transportation Systems Management, of the Costa Mesa Municipal Code in that no intersection to which the project contributes measurable traffic shall operate at less than the standard level of service as a result of project implementation. Exhibit "A" Page 1 of 1 Resolution No. 93-62 EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -93-22 Ping 1. 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 or the applicant applies for and is granted an extension of time. 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. 3. Except as necessary for drainage, existing grades at property lines shall be maintained. 4. Street addresses shall be displayed on the ground sign (if permitted) or 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 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. 5. The Conditions of Approval and Ordinance or Code Provisions of Planning Action PA -93-22 shall be blueprinted on the face of the site plan. 6. The applicant is reminded that a "Special Requirements" inspection of the site will be required prior to the release of occupancy/utilities. This inspection includes confirmation that the Conditions of Approval and Code/Ordinance Provisions have been satisfied. *7. Maintain the site in a "wet -down" condition to the degree necessary to prevent excessive dust. Periodi-cally remove spillage from the public right-of-way by sweeping or -sprinkling. *8. No trees shall be removed without prior approval from the Planning Division. If trees must be removed, they shall be replaced with specimen sized trees approved by Planning Division. * 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 judgement 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. Exhibit "B" Page 1 of 5 Resolution No. 93-62 P APPL. PA -93-22 *9. Applicant shall provide written proof from a certified (California Association of Nurseryman - CAN) nurseryman that the improvements proposed to be installed around the trees shall not adversely impact the trees. lo. Driveway and parking spaces to be relocated to the southeast under the direction of the Planning and Transportation Services Divisions. * 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 judgement 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. ORDINANCE AND/OR CODE PROVISIONS The following list of Federal, State, and local laws applicable to the project has been compiled by Staff for the applicant's reference. Ping.1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final occupancy and utility releases will not be granted, and final inspections will not be granted until all such licenses have been obtained. 2. Development shall comply with all requirements of Article 16, Chapter II., Title 13 of the Costa Mesa Municipal Code. 3. Parking stalls shall be double -striped in accordance with City standards. 4. All on-site utility services (Edison and Telephone) shall be installed underground or provisions made for future undergrounding, if it is impractical at this time. 5. Developer is hereby advised that all utilities such as gas meters, electrical meters, telephone pedestal -mounted terminal boxes, surface -mounted electrical transformers, fire hydrants, or any other potential obstructions, shall not be located within the approved parking and/or turnradius area. If approved by the Planning Division, said facilities may be installed underground in a vault having an approved traffic lid. All such facilities located above -ground shall meet with the approval of the Planning Division and serving utility. 6. Installation of all utility meters shall be performed in a manner so as to obscure said installation from view from any place on or off the property: Said installation shall be in a manner acceptable to the public utility and shall be in the form of a vault, wall cabinet, or wall Exhibit "B" Page 2 of 5 Resolution No. 93-62 APPL. PA --93-22 box, and shall be installed in accordance with standard plans and specifications of the City of Costa Mesa. 7. Any mechanical equipment such as air-conditioning compressors and duct work shall be screened from view. 8. Two (2) sets of detailed landscape/irrigation plans per the requirements set forth in Costa Mesa Municipal Code Sections 13-263 through 13-266, shall be submitted for review and approval by the Planning Division prior to issuance of any building permits. The two approved sets shall be attached to the two final building plan sets. Drought resistant vegetation together with a water conserving irrigation system shall be utilized. Landscaping shall be installed in accordance with the approved plan prior to release of utilities. 9. 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. 10. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland cement concrete curbing. 11. Permits shall be obtained for all signs, including banners and other special event signing, according to the provisions of the Costa Mesa Sign Ordinance. 12. All compact parking spaces shall be clearly marked "compact" or "small car only". 13. Concrete wheel stops shall be installed 2' from the front edge of open parking spaces. 14. 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 net. Bldg.15. Comply with the requirements of the Uniform Building Code as to design and construction. Engr.16. At the time of development submit for approval an Off- site Plan to the Engineering Division and Grading Plan to the Building Department 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 City of Costa Mesa. Pay Offsite Plan Check fee. An approved Offsite Plan shall be required prior to Engineering/Utility Permits being issued by the City of Costa Mesa. 17. A Site Access permit and deposit of $1,004.00 will be required by the City of Costa Mesa, Engineering Division, prior to the start of any on- or off --site work, which may Exhibit "B" Page 3 of 5 Resolution No. 93-62 APPL. PA -93-22 be necessary during construction for street sweeping. 18. Maintain the public Right of Way in a "wet -down" condi- tion to the degree necessary to prevent excessive dust and periodically remove any spillage from the public Right of Way by sweeping or sprinkling. 19. Haul routes must be approved by City of Costa Mesa, Engineering Division, prior to approval of the Site Access Permit. 20. Submit required cash deposit to guarantee construction of offsite street improvements at time of permit. Cash deposit to be determined by City Engineer. 21. Obtain a permit from the City of Costa Mesa, 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 Newport Boulevard and Old East 17th Street. Remove existing asphalt walkway on Newport Boulevard. 22. Obtain a permit from the City of Costa Mesa, 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. 23. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then remove the existing private street and any existing driveways and/or curb depressions that will not be used and replace with full height curb and sidewalk at applicant's expense. 24. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then construct Wheelchair Ramp on the corner of Newport Boulevard and Old East 17th Street. 25. Per requirements of Real Property, City of Costa Mesa, Engineering Division, dedicate a 15 foot diagonal corner cut-off at the corner of Newport Boulevard and Old East 17th Street. 26. Per requirements of Real Property, City of Costa Mesa, Engineering Division, submit legal description for a new area of dedication, plat of new dedication area, both prepared by a Civil Engineer, and Title Report Update of Subject Property. 27. 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. 28. Remove and/or modify existing storm -drain and facilities on site and at the corner of Newport Boulevard and Seventeenth Street as required by the City Engineer. Exhibit "B" Page 4 of 5 Resolution No. 93-62 } p 183 'ti 1 APPL. PA -93-22 Tran 29. As required by Article 222-, Transportation System Management, of the Costa Mesa Municipal Code, pay applicable traffic impact fees identified for the Traffic Analysis Zone in which the project is located prior to the issuance of building permits. 30. Fulfill mitigation of off-site traffic impacts prior to occupancy/ issuance of building permit by submitting to the Engineering Division the required cash deposit for Development Trip Charges pursuant to the prevailing schedule of charges adopted by the City Council. 31. Submit driveway approach improvement plan to the Transportation Services Manager for review and approval prior to issuance of building permit, right-of-way permit, or preparation of street improvement plan. 32. Locate proposed drive approach to Old East 17th Street further from the intersection of Newport Boulevard, under the direction of Transportation Services. Comm 33. Street trees in the front setback shall meet with Svc. the approval of the Community Services Department. Street trees shall be Liquidambar styraciflua, 15 -gallon minimum size, spaced at 30' on center. Fire 34. Provide fire extinguishers with a minimum rating of 2A to be located within 75 feet of travel distance from all areas. Extinguishers may be of a type rated 2A,10BC as these extinguishers are suitable for all types of fires and are less expensive. SPECIAL DISTRICT REQUIREMENTS The requirements of the fallowing special districts are hereby forwarded to the applicant: Sani.l. 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. 3. Developer is required to submit a plan showing sewer improvements to the District Engineer's Office - (714) 631-1731. Schl 4. Applicant shall submit proof that applicable developer fee has been paid to the Newport Mesa Unified School District (556-3241) prior to the issuance of building permits. St. 5. In compliance with AB3158 (Chapter 1706, Statutes Fish of 1990), applicant shall submit a check to the & Game Division for $25.00 made payable to the County Clerk within seven (7) days of project approval. 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)]. Exhibit "B" Page 5 of 5 Resolution No. 93-62