HomeMy WebLinkAbout98-91 - Approving Planning Application PA -98-5059
RESOLUTION NO. 98-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING PLANNING
APPLICATION PA -98-50.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Nadel Architects, authorized agent for
ICI Holdings/SRP II, with respect to the real property located at 2300 Harbor
Boulevard, requesting approval of a master plan for a multi -tenant retail center
containing approximately 315,307 square feet, with a variance for excess building
height a conditional use permit for off-site parking, and minor conditional use permits
for permanent outdoor display in front of the home center and drug store, as well as
for display of seasonal items, and for a drive-through restaurant, in the C1 -S zone; and
WHEREAS, duly noticed public hearings were held by the Planning Commission
on July 27, August 10, and September 28, 1998; and
WHEREAS, on September 28, 1998, the Planning Commission adopted the
Negative Declaration of Environmental Impact and approved Planning Application Pa -
98 -50; and
WHEREAS, Planning Application PA -98-50 was called up for review by the City
Council; and
WHEREAS, the City Council held a duly noticed public hearing on October 19,
1998;
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 adopts the Negative Declaration and approves
Planning Application PA -98-50 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 Planning Application PA -98-50, and upon
the applicant's compliance with each and all of the conditions contained in
Exhibit "A". 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 19'h day of October, 1998.
Mayor of the City of esa
ATTEST:
T.
Deputy City rk of the City of Costa Mesa
Iff
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF 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. 98-91 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the 19' day of October, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 20"' day of October, 1998.
Deputy Ci Clerk and ex -officio Clerk of
the City C ncil of the City of Costa Mesa
EXHIBIT "A"
FINDINGS
APPL. PA -98-50
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C. The information presented substantially complies with Costa Mesa Municipal
Code section 13-29(g)(2) in that the proposed off-site parking 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. Specifically, the area is already used for access purposes and the
apartment project, where the access is located, already has permanent
improvements. 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.
D. The information presented substantially complies with Costa Mesa Municipal
Code section 13-29(g)(2) in that the proposed permanent outdoor garden
areas are substantially compatible with developments in the same general
area. Granting the minor 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. Specifically, these areas are the
same as nurseries, which are permitted uses in the C1 -S zone of the site.
Granting the minor conditional use permit will not allow a use, density or
intensity which is not in accordance with the general plan designation for the
property.
Exhibit "A"
Resolution No. 98-91
Page 1 of 2
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A. The master plan meets the broader goals of the General Plan and the
Zoning Code by exhibiting excellence in design, site planning, integration of
uses and structures and protection of the integrity of neighboring
development.
B. The information presented substantially complies with section 13-29(g)(1) of
the Costa Mesa Municipal Code in that special circumstances applicable to the
property exist to justify granting the variance from excess building height.
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 property is much deeper than other,
comparable C1 -S -zoned properties. Therefore, the proposed additional
building height will allow visibility equal to that enjoyed by shallower, C1 -S
lots elsewhere in the City. Additionally, the increase in building height will not
negatively impact adjacent properties, including the residential developments,
because the location of the excess height, which consists of architectural
features, is at the front of the major -tenant buildings, away from residences.
Granting the variance will not allow a use, density, or intensity which is not. ill
accordance with the general plan designation for the property.
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C. The information presented substantially complies with Costa Mesa Municipal
Code section 13-29(g)(2) in that the proposed off-site parking 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. Specifically, the area is already used for access purposes and the
apartment project, where the access is located, already has permanent
improvements. 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.
D. The information presented substantially complies with Costa Mesa Municipal
Code section 13-29(g)(2) in that the proposed permanent outdoor garden
areas are substantially compatible with developments in the same general
area. Granting the minor 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. Specifically, these areas are the
same as nurseries, which are permitted uses in the C1 -S zone of the site.
Granting the minor conditional use permit will not allow a use, density or
intensity which is not in accordance with the general plan designation for the
property.
Exhibit "A"
Resolution No. 98-91
Page 1 of 2
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APPL. PA -98-50
E. The information presented substantially complies with Costa Mesa Municipal
Code section 13-29(g)(2) in that the proposed temporary outdoor sales are
substantially compatible with developments in the same general area.
Granting the minor 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. Specifically, the outdoor sales will be temporary
in nature, of seasonal items, not, or minimally, visible from off-site, and will
not significantly affect required parking spaces. Granting the minor conditional
use permit will not allow a use, density or intensity which is not in accordance
with the general plan designation for the property.
F. The information presented substantially complies with Costa Mesa Municipal
Code section 13-29(g)(2) in that the proposed drive-thru restaurant is
substantially compatible with developments in the same general area.
Granting the minor 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. Specifically, all applicable standards for the
development of a drive-thru restaurant will be satisfied. Additionally, the
restaurant is a minimum of 900' from the closest residentially -zoned property.
Granting the minor conditional use permit will not allow a use, density or
intensity which is not in accordance with the general plan designation for the
property.
G. 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.
H. 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.
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.
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Exhibit "A"
Resolution No. 98-91
Page 2 of 2
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EXHIBIT "B"
CONDITIONS OF APPROVAL
APPL. PA -98-50
Ping. 1. The above -roof sign on the northwest corner of building Major 4
shall be relocated below the roof -line.
2. If the access easement on the adjoining property to the north is
to be ultimately used for parking, the applicant shall provide
proof that this easement may be used for parking, prior to
inclusion in any parking counts used to satisfy code
requirements. Proof shall be in the form of a recorded
document.
3. To comply with mitigation measure #45, the northerly access
easement document may need to be modified to permit
landscaping within the easement area. Canopy trees are the
desired form of landscaping in this area, however, if this is not
possible, the applicant shall work with Planning staff on
landscaping alternatives and/or alternative locations for the
desired canopy trees. The applicant shall provide proof that this
easement may be used for the placement of canopy trees, prior
to the issuance of building permits for building Major 4. Proof
shall be in the form of a recorded document. —
4. The existing access between this site and the apartment project
to the north, as well as between this site and the apartment
project to the east, shall be maintained and enclosed via
installation of a solid gate. The gates shall be controlled by the
owners or managers of the adjacent apartments.
5. (a) A 20 -foot deep landscaped berm, up to eight feet high from
lowest grade (residential property), shall be constructed
between the required soundwall and the existing 6' high
block wall at the easterly property line. This buffer shall
extend from the northerly property line, along the easterly
property line abutting the single-family residences.
Landscaping, lighting, and access locations shall be reviewed
and approved by Planning staff prior to installation. Drainage
and wall construction plans shall be reviewed and approved
by Engineering and Building Divisions.
(b) The bermed area shall be maintained on a regular basis, in
accordance with the City's Landscape Ordinance in terms of
watering practices, pruning, trimming, removal of dead
branches, weeds and debris. Lighting shall be on an
automatic timer for nighttime illumination only.
P. D. 6. Vandal -resistant security (video) cameras, installed at strategic
locations at the bermed buffer strip, are recommended for
observing the area for maintenance and security purposes.
Exhibit "B"
Resolution No. 98-91
Page 1 of 13
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Ping. 7.
8.
9.
15.
APPL. PA -98-50
The existing access to the site from Wake Forest Drive shall be
closed with a solid, opaque wall at least eight (8) feet in height
from lowest grade.
The portion of the site identified as the 1.37 -acre future
development will be subject to processing and environmental
review independent of this application.
A sign shall be posted at the northwest corner of the outdoor
garden center stating "No Customer Access Beyond This Point," to
advise customers that the north and easterly driveways around and
behind building Major 4 are for deliveries and employee parking
only. A sign shall also be posted at the Wilson Street entrance to
the easterly driveway stating "Service Entrance Only - No Customer
Access." This condition may be modified by staff when the
approvals for development are granted for the future development
area.
The parking areas north and east of the Major 2 through 4 building
shall be designated employee parking, and owners/managers of
businesses in this building shall require their employees to park in
these areas during daylight hours, when spaces are available.
Post -construction storage shall be prohibited in the future
development area as well as parking of construction employee
vehicles. Temporary storage of soil, plant material, and irrigation
piping used for the berm in this area shall be permitted.
The northwest corner of the future development area shall be
modified to create a corner cut-off to improve truck maneuvering.
The gate access into the future development area shall be kept
secured at all times, except when there is a need for authorized
personnel to be in the area.
A Land Use Restriction (LUR) executed by and between the
applicant and the City of Costa Mesa shall be recorded prior to
issuance of building permits. Applicant shall submit to the Planning
Division a copy of the legal description for the property, and either
a lot book report or current title report identifying the current legal
owner(s) so that the document may be prepared. The LUR shall
ensure that existing and future owners and tenants are aware of
restrictions on this project and the need to comply with certain
operational characteristics as specified under conditions 4, 5, 9, 10,
11, 13, 21-27, 29, 34, 37, 38, 41-43, 46, and 47. The LUR may
automatically terminate upon recordation of CC&R's containing the
same provisions, provided such provisions in the CC&R's may not
be altered without the approval of the City of Costa Mesa.
Final elevation plans for each building shall be submitted for pre-
plan check review by the Planning Division. Approved elevation
plans shall be incorporated into the plan check plans.
Exhibit "B"
Resolution No. 98-91
Page 2 of 13
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APPL. PA -98-50
16.
The conditional use permit and minor conditional use permits 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 and minor conditional use
permits 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.
17.
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.
18.
Prior to issuance of building permits, applicant shall contact the
U.S. 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.
19.
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 %" 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.
20.
Demolition permits for the existing buildings and building permits for
the building identified as Major -2, Major -313, S -3A, Major -4
(including the outdoor garden center) on the site plan shall not be
issued until all sound walls and related berms are completely
constructed. The complete plans for the landscaped berm,
sound walls, lighting and drainage shall be submitted for review
and approval by the City prior to issuance of building permits.
Drainage, lighting, landscaping and irrigation shall be installed
upon completion of the sound wall without delay.
21.
All delivery/overhead doors shall be completely closed when not in
use for loading or unloading activities.
22.
All forklifts used outdoors shall have pneumatic tires, not hard,
rubber tires.
23.
Speed bumps and speed humps shall be prohibited in the easterly
and northerly (delivery) driveways.
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Exhibit "B"
Resolution No. 98-91
Page 3 of 13
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APPL. PA -98-50
24. The home improvement tenant may only store rental equipment on
an overnight basis in the canopied, drop-off, pick-up area (porte-
cochere) located at the southwest corner of the store. There shall
be no overnight parking or storage of trucks or other delivery
vehicles, and no storage of equipment, or merchandise at any time,
in the northerly 60' of the site. This area shall remain clear for
access and customer/employee parking, with the exception of
landscaping as required, under the direction of Planning staff.
25. Seasonal sales at this center shall have the following limitations:
(a) Four (4) display areas as depicted on the submitted site plan
attached to this report, with characteristics as follows:
1) Not more than 45 parking spaces in front of the outdoor
garden center;
2) Not more than 30 parking spaces in front of the store labeled
Major -2;
3) Not more than 20 parking spaces in front of the store labeled
Major -36;
4) Not more than 14 parking spaces on the south side of
building Major -5.
(b) Each major tenant may have sidewalk/parking lot sales in
compliance with Municipal Code requirements (currently limited
to 4 sales per fiscal year and 3 days per sale, with the exception
of seasonal events such as Christmas (5 -week maximum
outdoor display allowed) and Halloween (3 -week maximum
outdoor display allowed).
(c) If parking becomes a problem because of the number and
duration of the seasonal sales and/or because of the number of
parking spaces made unavailable by the display items, the minor
conditional use permit shall be scheduled for review by the
Zoning Administrator for possible modifications or for
revocation.
26. (a) On-site, 24-hour, uniformed security, licensed pursuant to
Business and Professions Code Section 7580 et.seq.,
responsible for ensuring against loitering and suspicious or
surreptitious activities as well as securing the easterly future
development area, shall be provided during all construction
phases of the project.
(b) Applicant shall provide 24-hour, on-site, uniformed security
personnel at Harbor Center, not only during construction, but
also during operation of the center.
27. The center shall be clearly posted with signs stating in English and
in Spanish: "No solicitation or hiring for jobs other than to be
employed by tenants in this shopping center. Violation constitutes
a misdemeanor under Penal Code Section 602." As an alternative,
the signs shall direct interested parties to the Costa Mesa Job
Exhibit "B"
Resolution No. 98-91
Page 4 of 13
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APPL. PA -98-50
Exhibit "B"
Resolution No. 98-91
Page 5 of 13
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Center or private placement agencies, with addresses included for
each listed referral.
28.
Except as necessary for drainage (and for berms), existing grades
at property lines shall be maintained.
29.
Trash pick-up at any store in building Majors 2-4, including the
outdoor garden center, shall not occur before 7 a.m. on weekdays,
or 8 a.m. on weekends nor after 5 p.m. on any day.
30.
All truck delivery areas that are depressed (i.e., truck dock wells)
shall be required to be screened on the easterly side with a ten
(10') foot high sound (masonry) wall. All truck docks at surface
grade level shall be required to be screened on the easterly side
with a fourteen (141 foot high sound wall. In addition, all loading
dock areas shall be installed with dock seals.
31.
Roof -top equipment for all buildings shall be architecturally
screened by building parapets or equipment screening compatible
with the architecture of the building, under the direction of the
Planning staff. The equipment shall not be visible from second -
story bedroom windows of the nearby Westfield apartments.
Screening shall be reviewed and approved by the Planning Division.
32.
The trash compactor shall be located inside the enclosed loading
dock of Home Depot Building "Major 4", and includes the
stipulation that the trash compactor shall be installed within a truck
well enclosure with sound attenuated walls.
33.
The conditions of approval and ordinance or code provisions of
planning application PA -98-50 shall be blueprinted on the face of
the site plan.
34.
All operational conditions and restrictions of this master plan shall
be complied with by all applicable businesses in this center,
regardless of operating hours, up to and including 24 hours per
day.
35.
The applicant shall contact the Planning Division to arrange for a
"special requirements" inspection of the site prior to the release of
occupancy for each building phase. These inspections are to
confirm that the conditions of approval and code requirements have
been satisfied.
36. *
A masonry wall with no gaps or openings shall be constructed
along all property lines which abut residentially -developed
property. The wall shall be of a finished quality on both sides.
The wall shall be located as noted on submitted berm plans
attached to this report, and shall identify where
emergency/security and maintenance access doors will be.
These doors shall be shown on the sound wall and landscape
plans, and shall include a locking mechanism. Doors shall be
and constructed of a solid material which satisfies the noise
mitigation criteria described in the noise study prepared by
Exhibit "B"
Resolution No. 98-91
Page 5 of 13
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APPL. PA -98-50
Mestre Greve Associates. In addition, absorbing material as
noted for the walls in receptor areas 1 and 2 shall be of a type
that withstands inclement weather.
The sound attenuation shall consist of the following in the
described areas:
Receptor 1 Area
12' high sound wall with a facing of absorbing material at the
top 4 feet of wall OR 9' high sound wall, and dual pane
windows and air conditioning installed at adjacent apartments.
Receptor 2 Area
17' high sound wall with a facing of absorbing material at the
top 4 feet of wall OR 12' high sound wall, and dual pane
windows and air conditioning installed at adjacent
apartments. *
Receptor 3 Area
12' high sound wall (measured from highest grade; 14' from
residential grade) plus 20' wide, landscaped berm (average 8'
high berm as measured from the lowest residential grade),
between the sound wall and the existing 6' high block wall.
Receptor 4 Area
12' high sound wall (measured from highest grade; 14' from
residential grade) plus 20' wide, landscaped berm (average 8'
high berm as measured from the lowest residential grade),
between the sound wall and the existing 6' high block wall.
Receptor 5 Area
14' high sound wall.
Additional absorption material shall be installed on all sound
walls to reduce sound vibration or reverberation.
37. * Hours of operation for all outdoor activity to the east and north
of the buildings (including use of loading docks, deliveries,
loading and unloading of trucks, movement of all product from
outside to inside the building, trucks driving to the back of the
L I
Exhibit "B"
Resolution No. 98-91
Page 6 of 13
APPL. PA -98-50
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Exhibit "B"
Resolution No. 98-91
Page 7 of 13
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site, and forklift operations) shall be limited to 7 a.m. to 8 p.m.,
Monday through Friday and 8 a.m. to 5 p.m., Saturday, Sunday,
and holidays. This does not apply to freestanding buildings
along Harbor Boulevard.
38. *
Loudspeaker/public address systems shall be prohibited outside
any building, including the garden center, except for the drive-
through restaurant and drive-through pharmacy locations near
Harbor Boulevard. Alternate methods, such as pagers or cell
phones, shall be used for contacting employees and other
personnel.
39. *
The pallet enclosure, propane tank, and generator, shall be
located adjacent to the center of building Major -4, and shall be
enclosed to mitigate any noise. The transformer for Major -4
shall be located adjacent to the north side of building Major -4.
Noise associated with the foregoing shall be attenuated to within
limits established by the City's Noise Ordinance. The applicant
shall show proof through a noise study that all such equipment
will satisfy the City's noise standards with respect to adjacent
residential properties. After installation, the applicant shall
submit to the Planning Division actual noise measurements,
taken from surrounding residential properties. Based on this
noise study, additional improvements may be required to ensum
that the equipment will operate in compliance with City noise
standards.
40.
The trash compactor shall be located as far away from
residentially -developed property as possible. At the beginning of
operation of the trash compactor for Major -4, but no later than
30 days after the operation commences, the applicant shall
submit to the Planning Division actual noise measurements,
taken from surrounding residential properties. Based on this
noise study, additional improvements may be required to ensure
that the equipment will operate in compliance with City noise
standards.
41. *
All openings (doors, truck bays, windows) facing any
residentially -developed property shall be closed before 8 p.m.
Monday through Friday and before 5 p.m. Saturday, Sunday,
and holidays and shall not be reopened prior to 7 a.m. Monday
through Friday, and 8 a.m. Saturday, Sunday and holidays.
42.
At all times, when not in motion, trucks shall have the motors
turned off, including refrigerator motors, generators, and diesel
engines, specifically when loading and unloading and waiting in
line, and the security guards shall enforce this condition.
43. *
Grading and construction shall not occur before 7 a.m. or after 8
p.m., Monday through Friday, nor before 8 a.m, or after 7 p.m.
Saturday, Sunday and holidays. Exceptions may be made for
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Exhibit "B"
Resolution No. 98-91
Page 7 of 13
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APPL. PA -98-50
activities that will not generate noise audible from off site, such
as painting and other quiet interior work. Construction activities
on Sunday shall be limited to interior work. The grading and
construction hour restrictions shall also apply to the staging of
construction equipment, delivery of supplies, and the arrival of
contractor employees.
44. * Lighting shall be designed to provide adequate illumination of the
parking lot (no dark spots) without spilling -over onto adjacent
residentially -zoned property. Shielding or other methods neces-
sary to prevent light spill-over shall be incorporated.
45. * Non -deciduous, canopy trees shall be planted along the east and
north property lines, next to residentially -zoned property, to
soften and screen views of the building from the adjoining
residences.
46. * Products shall not be visible above the garden center wall at
Major -4.
47. *
Eng. 48. *
49. *
Trans 50.
51.
52
53.
The outdoor garden center at Major -4 shall be enclosed with
dense mesh screening.
Maintain the site in a "wet -down" condition to the degree
necessary to prevent excessive dust and promptly remove any
spillage from the public right-of-way by sweeping or sprinkling.
A soils report, prepared by a soils engineer, shall be submitted
detailing how the construction bridging the storm drain will
protect the line against future problems.
Reconstruction/widening of the signalized entrance on Harbor
Boulevard to provide four lanes (two enter/two exit) shall be
coordinated with the existing median opening, crosswalk and the
signal controller cabinet locations in mind in order to minimize
impacts/modifications to existing improvements.
A traffic signal maintenance easement shall be executed to
accommodate reconfiguration of traffic detection loops in the
parking lot aisle.
Dual right turns will not be permitted from northbound Harbor
Boulevard into the signalized entrance as :shown by arrows on
the plan.
The ultimate property line of 42 feet from centerline for Wilson
Street shall be clearly identified on the site plan and the curb
location shall be correctly shown relative to the existing right-of-
way.
54. The aisle width at the rear of the Major -2 building shall be a
minimum of 22 feet wide to accommodate compact parking and
shall be shown clearly on the site plan.
Exhibit "B"
Resolution No. 98-91
Page 8 of 13
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APPL. PA -98-50
55. If new development does not take place within 2 years in the
area labeled "future development", a sound wall shall be
constructed between the subject development and the "future
development" area.
56. The applicant shall construct a 14 -foot high masonry wall
between the "future development area" and the easterly
driveway serving Home Depot "Major 4", Lucky "Major 2", and
future tenants, prior to the issuance of building permits for the
"Major 4" building. The wall shall include an 8 -foot high,
double -gate maintenance access gate, between 15 and 20 feet
wide, with the location to be determined by the Development
Services Director. This "future development area" shall be
maintained free of weeds, weed vegetation, and excessive dust.
57. If allowed by CAL -OSHA, all forklift back-up beepers shall be
switched off during operations in the outdoor non-public loading
and unloading areas behind Majors 2 through 4, including the
outdoor garden center.
* 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. 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.
2. 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.
3. 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
Exhibit "B"
Resolution No. 98-91
Page 9 of 13
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7'
APPL. PA -98-50
Consolidated Water District, Ray Barela - (714) 631-1291 for
requirements.
4. Landscaping and irrigation shall be installed in accordance with
the approved plans prior to final inspection or occupancy
clearance.
5. All landscaped areas shall be separated from paved vehicular
areas by 6" high continuous Portland Cement Concrete curbing.
6. 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.
7. 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.
8. Any mechanical equipment such as air-conditioning equipment
and duct work shall be screened from view in a manner approved
by the Planning Division.
9. 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.
10. All on-site utility services shall be installed underground.
11. All compact parking spaces shall be clearly marked "compact" or
"small car only".
12. Parking stalls shall be double -striped in accordance with City
standards.
13. Proof of recordation of the final parcel map or lot line adjustment
shall be submitted prior to issuance of building permits for each
affected building.
14. Development shall comply with all requirements of Section 13-45
and Article 9, Chapter V, Title 13 of the Costa Mesa Municipal
Code relating to commercial development standards.
15. Permits shall be obtained for all signs according to the provisions
of the Costa Mesa Sign Ordinance.
16. 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.
Exhibit "B"
Resolution No. 98-91
Page 10 of 13
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Trans 20. * *
Eng. 21.
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25.
APPL. PA -98-50
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.
Provide proof on the site plan and on landscape plans
submitted for plan check, that a minimum of 8,200 sq. ft. in
interior landscaped area is provided. Interior landscaping shall
include canopy trees throughout the parking area.
In compliance with Costa Mesa Municipal Code Section
Chapter IX, Article 12, provide one or more improvements, as
detailed within City Code, to reduce vehicle trip generation.
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 is
calculated based upon the increased average daily trip generation
rate of 1,384 trip ends for the shopping center and includes a
credit for any existing use. At the current rate of $150 per trip
end, the Traffic Impact Fee is estimated as $207,600. The traffic
impact fee will be adjusted accordingly for any changes in overall
building size and calculated trip ends.
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. Construction 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.
A construction access permit and deposit of $2,000.00 for street
sweeping will be required by the Engineering Division prior to the
start of any on- or off-site work.
Haul routes must be approved by the Engineering Division, prior
to approval of the site access permit.
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.
Obtain a permit from the Engineering Division and construct a
P.C.C. commercial sidewalk per City of Costa Mesa standards as
shown on the off-site plan, including 4' around obstructions in the
Exhibit "B"
Resolution No. 98-91
Page 11 of 13
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Fire
APPL. PA -98-50
sidewalk, on Wilson Street. Any damaged portions of sidewalk or
curbing on Harbor Boulevard as a result of work on this project
shall be repaired or replaced, under the direction of the
Engineering Division.
26. 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. A.D.A. compliance is required
for all driveways.
27. Construct storm drain facilities as per City of Costa Mesa Master
Drainage Plan.
28. Fulfill Drainage Ordinance Fee requirements prior to approval of
approval of plans.
29. 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.
30. * * 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.
31. Comply with the requirements of the Uniform Building Code as to
design and construction and CCR Title 24 pertaining to "Disabled
Access Regulations".
32. * * Demolition permits for existing structures shall be obtained and all
work and inspections completed prior to initiation of construction
of structures. Applicant is advised that written notice to the Air
Quality Management District may be required ten (10) days prior
to demolition.
33. * * Applicant shall show proof of compliance with AQMD prior to
issuance of building, grading, or demolition permits.
34. On-site fire hydrants shall be provided, under the direction of
the Fire Prevention Bureau. Fire hydrant plans shall be
approved by the Fire Prevention Bureau.
35. All hydrants shall be installed and operable prior to the initiation of
combustible construction.
36. Water improvement plans shall be approved by the Fire
Department.
Exhibit "B"
Resolution No. 98-91
Page 12 of 13
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APPL. PA -98-50
37. Access consisting of a minimum 20 foot wide roadway capable of
supporting fire apparatus shall be maintained to all fire hydrants
from the time that the hydrants are placed into service. Special
consideration shall be given to maintaining the integrity of such
roadways during periods of inclement weather.
38. Provide an automatic fire sprinkler system according to NFPA 13.
39. Provide "Blue Dot" reflective markers for all on-site fire hydrants.
40. Fire hydrant plans shall be approved by the Fire Prevention Bureau
prior to installation of hydrants.
41. Paths of travel on public sidewalk at Harbor Boulevard and Wilson
Street shall be accessible per ADA requirements.
* * These code requirements are also mitigation measures.
SPECIAL DISTRICT REQUIREMENTS
The requirement of the following special districts are hereby forwarded to
the applicant:
Sani. 1.
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, ar4d
sewer permit required prior to issuance of building permits. To
receive credit for buildings to be 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 - prior to the issuance
of building permits. Developer is required to contact the Costa
Mesa Sanitary District at (714) 754-5307 to arrange final sign -
off prior to certificate of occupancy being released.
School 4.
Applicant shall submit proof that applicable development fee has
been paid to the Newport Mesa Unified School District (424-
7530) prior to the issuance of building permits.
Fish & 5.
Applicant shall submit a check to the Planning Division for an
Game
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)].
Exhibit "B"
Resolution No. 98-91
Page 13 of 13
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