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HomeMy WebLinkAbout99-23 - Approving Planning Application PA-98-86/ZA-98-44254 RESOLUTION NO. 99-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA-98-86/ZA-98-44. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Pacific Planning Group, authorized agent for Garvin Drive, LP, with respect to real property located at 560 West 19' Street, requesting a conditional use permit for construction of a 5,504 -square -foot commercial building consisting of a 3,006 -square -foot self-service laundry facility and a 704 -square -foot convenience store; minor conditional use permits for a 1,100 - square -foot fast-food restaurant with a drive-through window, and deviation from the "shared parking analysis"; and a variance from side setback requirements to allow a switch gear and electric transformer within the street side setback, in the C2 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 22, 1999, at which the request was denied; and WHEREAS, the applicant appealed the Planning Commission's decision, and the City Council held a duly noticed public hearing on April 19. 1999; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record, and subject to conditions of approval contained in Exhibit "A", the City Council hereby adopts the Negative Declaration of Environmental Impact, and approves Planning Application PA-98-86/ZA-98-44 with respect to the property described above. BE IT FURTHER RESOLVED that the City Council hereby finds and determines that adoption of this resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA-98-86/ZA-98-44, and upon applicant's compliance with each and all 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' day of April, 1999. - C__� Mayor of thk City of Costa Mesa ATTEST: I. Deputy City C k of the City of Costa Mesa 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. 99-23 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 19"' day of April, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 20' day of April, 1999. Deputy City Jerk and ex -officio Clerk of the City Cou it of the City of Costa Mesa 1 1 '55 r_''Wi EXHIBIT A CONDITIONS OF APPROVAL Ping. 1. The conditional use permit and minor conditional use permit 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. This application may be referred to the Planning Commission for modification or revocation at any time if the conditions of approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the development services director or his designee, any of the findings upon which the approval was based are no longer applicable. 2. Except as amended, approval is subject to the following project description: a self-service laundry and convenience store operating on a 24-hour basis; and a fast-food restaurant with a drive-through window operating from 6 a.m. to midnight. 3. There shall be no sale of alcoholic beverages or sexually -explicit materials at the convenience store. 4. * The height of the menu speaker shall not exceed 36 inches above the drive-through lane elevation. 5. The audio menu board shall either be reduced to a one-way system (from the customer to interior of the restaurant) after 9 p.m., daily, or a visual ordering screen is installed for late night ordering. Plans submitted for plan check shall indicate how this condition will be complied with. 6. * To further mitigate noise, directional shields shall be required to be installed on the ordering menu board and the speaker device to deflect noise away from residential development. Prior to installation, the applicant shall present to Planning Staff location, type, and operational characteristics of the shields. 7. Applicant is placed on notice that additional noise reduction measures, including but not limited to, reduced hours of operation and/or reduced volume settings on the speaker device, may be required if noise is not adequately mitigated when the restaurant is fully operational. 8. * During peak operating hours of the drive-through, and to minimize idling vehicle emissions, the restaurant shall provide a pedestrian cashier before the pick up window, to speed up the service and reduce vehicular idling time. 9. * Truck delivery hours shall be limited to 7 a.m. to 8 p.m. 10. * No outdoor paging systems are allowed. All radios shall be contained within the building and not near doors. 11. A 6 -inch high curb shall be installed to separate the drive-through lane from the alley. 1 EXHIBIT "A" Resolution No. 99-23 Page 1 of 6 12. Only front entries shall be provided into the store. Site and floor plan designs shall indicate high lighting standards and interactive video monitoring. 13. In addition to a traditional alarm service, on-call security guard service shall be provided. 14. * A 7 -foot high wall shall be constructed along the northerly property line. Proposed wall may not obscure required landscaped areas. Submitted plans shall indicate how this requirement will be 1 exceed 25 mph. Cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material. Remove spillage promptly (within 30 minutes) from the public right-of-way by sweeping or sprinkling. 22. * Ensure that all construction and grading equipment are properly maintained. All vehicles and compressors should utilize exhaust muffles and engine enclosure covers as designed by the manufacturer, and should be in place at all times. 23. * Applicant shall contact SCAQMD (800) 388-2121 for conditions of development and/or additional permits required by the district. Written proof from SCAQMD that these requirements have been satisfied shall be provided to the planning staff prior to issuance of building permits for this project. 24. * Construction, grading, materials delivery, equipment operation or other noise -generating activity shall not occur between the hours of 8 p.m. and 7 a.m., Monday through Friday, nor before 8 a.m. or after 7 p.m. on Saturday and Sunday. Exceptions may be EXHIBIT "A" Resolution No. 99-23 Page 2 of 6 257 complied with. 15. * The electrical transformer and switch gear shall be adequately screened from view with landscaping, under the direction of Planning Staff. 16. The building's exterior finish material, color, accents, and roof material shall be consistent with the design principles and design guidelines of the Downtown Redevelopment Project Area. 17. Berms shall be incorporated into the landscaped areas along West 19"' Street and Maple Avenue. Low walls, no higher than 30 inches may be provided along the edge of the parking area for screening. 18. Location and design of back-flow prevention device shall be approved by the Planning Division prior to installation. 19. Architectural treatments shall be added to the Maple Street elevation to complement the window/awning motif. 20. The building's north elevation not obscured by property line wall shall be enhanced with architectural treatments to eliminate the "bare wall" elevation. 21.* Maintain the site in a "wet -down" condition regularly to the degree necessary to prevent excessive dust, particularly on breezy, windy and "Santa Ana" wind condition days when winds 1 exceed 25 mph. Cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material. Remove spillage promptly (within 30 minutes) from the public right-of-way by sweeping or sprinkling. 22. * Ensure that all construction and grading equipment are properly maintained. All vehicles and compressors should utilize exhaust muffles and engine enclosure covers as designed by the manufacturer, and should be in place at all times. 23. * Applicant shall contact SCAQMD (800) 388-2121 for conditions of development and/or additional permits required by the district. Written proof from SCAQMD that these requirements have been satisfied shall be provided to the planning staff prior to issuance of building permits for this project. 24. * Construction, grading, materials delivery, equipment operation or other noise -generating activity shall not occur between the hours of 8 p.m. and 7 a.m., Monday through Friday, nor before 8 a.m. or after 7 p.m. on Saturday and Sunday. Exceptions may be EXHIBIT "A" Resolution No. 99-23 Page 2 of 6 257 1 EXHIBIT "A" Resolution No. 99-23 Page 3 of 6 made for activities that will not generate noise audible from off- site, such as painting and other quiet interior work. 25. * Early morning use of radios in construction vehicles or on-site and loud conversations shall be limited to a volume range that is not audible at the northerly, northwesterly, and southerly residential property lines. 26. * On-site idling of heavy equipment trucks shall to limited to ten minutes in usage, including during breaks. 27. Grading plans shall depict on-site drainage improvements. 28. The development shall comply with the design principles and guidelines of the Downtown Redevelopment Project Area, including building and awning colors. Submitted plans for plan check shall show how this condition will be complied with. 29. Street addresses shall be displayed on the freestanding sign or, if there is no freestanding sign, on the fascia or store front adjacent to the main entrance of the building, in a manner visible to the public street. Numerals shall be a minimum 12" in height with not less than 3/4 " stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be 4" in height with not less than '/4 " stroke and shall contrast sharply with the background. 30. The conditions of approval and ordinance or code provisions of planning application PA -98-86 and zoning application ZA-98-44 shall be blueprinted on the face of the site plan. 31. The applicant shall contact the Planning Division to arrange for a "special requirements" inspection of the site prior to the release of occupancy. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 32. The restaurant shall be limited to the type of operation described in the staff report. Any change in the operational characteristics including, but not limited to, sale of alcoholic beverages, will require approval of an amendment to the conditional use permit and/or minor conditional use permit, subject to Planning Commission approval. 33. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. 34. * 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. 35. * To the extent feasible, Police Department recommendations, as well as the security program of Lucy's LaundryMart, as discussed 1 EXHIBIT "A" Resolution No. 99-23 Page 3 of 6 1 1 in the staff report, shall be incorporated into the design of the project. Construct commercial driveway approach(es) at location(s) specified on submitted site plan. Close unused drive approach(es) with full height curb and gutter. Reposition the trash enclosure to the west approximately three parking spaces in order to provide additional sight distance for vehicles approaching the alley. The access doors shall then be placed on the front of the enclosure. The Police Department has recommended conditions of approval geared towards safety and crime deterrence. The Police Department conditions of approval, dated February 18, 1999, are being included with report as recommendations. The menu order board shall be located an adequate distance from the alley, subject to Planning Division approval. As part of deviation from shared parking requirements, a minimum of 25 parking spaces shall be provided. * 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. 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. 2. Approval of the planning application and zoning 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. 3. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 4. Parking stalls shall be double -striped in accordance with City standards. 5. All compact parking spaces shall be clearly marked "compact" or "small car only". 6. All on-site utility services shall be installed underground or provisions made for future undergrounding, if it is impractical at EXHIBIT "A" Resolution No. 99-23 Page 4 of 6 259 Trans. 36. :)7. 38. Police 39. Ping. 40. 41. 1 1 in the staff report, shall be incorporated into the design of the project. Construct commercial driveway approach(es) at location(s) specified on submitted site plan. Close unused drive approach(es) with full height curb and gutter. Reposition the trash enclosure to the west approximately three parking spaces in order to provide additional sight distance for vehicles approaching the alley. The access doors shall then be placed on the front of the enclosure. The Police Department has recommended conditions of approval geared towards safety and crime deterrence. The Police Department conditions of approval, dated February 18, 1999, are being included with report as recommendations. The menu order board shall be located an adequate distance from the alley, subject to Planning Division approval. As part of deviation from shared parking requirements, a minimum of 25 parking spaces shall be provided. * 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. 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. 2. Approval of the planning application and zoning 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. 3. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 4. Parking stalls shall be double -striped in accordance with City standards. 5. All compact parking spaces shall be clearly marked "compact" or "small car only". 6. All on-site utility services shall be installed underground or provisions made for future undergrounding, if it is impractical at EXHIBIT "A" Resolution No. 99-23 Page 4 of 6 259 iso EXHIBIT "A" Resolution No. 99-23 Page 5 of 6 1 1 this time. 7. 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. 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. 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. 10. Landscaping and irrigation shall be installed prior to final inspection or occupancy clearance, in accordance with the approved plans. 11. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland Cement Concrete curbing. 12. The supervision of the patrons on the premises shall be adequate to ensure there is no conduct that is detrimental to the public health, safety and general welfare. 13.* Outside security lighting shall be provided under the direction and upon the recommendation of the Development Services Department and/or the Police Department. 14. * All exterior lighting shall be shielded and/or directed away from residential areas. 15. * Outdoor public communication systems shall not be audible in adjacent residential areas. Comm. 16. Street trees in the front setback shall meet with the approval of Svs. the Community Services Department. Street trees shall be Magnolia Grandiflora, 15 -gallon minimum size, spaced at 30' on center. Bldg. 17. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". 18. Health Department approval is required for the restaurant. 19. Prior to issuance of 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. Fire 20. Provide an approved automatic extinguishing system for all cooking surfaces, hoods and ducts. EXHIBIT "A" Resolution No. 99-23 Page 5 of 6 1 1 OX Eng. 21. Provide path of travel from public sidewalk to the main entrance of the building. 22. At the time of development, submit for approval an off-site plan to the Engineering Division and grading plan to the Building Division that shows sewer, water, existing parkway improvements, and the limits of work on the site. Plan shall be prepared by a civil engineer or architect. Site access approval must be obtained prior to building or engineering permits being issued by the City of Costa Mesa. Pay 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. 23. A construction access permit and deposit for $ 500.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off -site work. 24. 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 the City Engineer. Cash deposit or surety bond amount shall be determined by the City Engineer. 25. Obtain a permit from the Engineering Division, at the time of development and then construct P.C.C. commercial sidewalk per City of Costa Mesa standards as shown on the off-site plan, including four (4) feet clear around obstructions in the sidewalk. 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. ADA compliance is required for all driveways. 27. Obtain a permit from the Engineering Division, at the time of development, and then remove any existing driveways and/or curb depressions that will not be used, and replace with full height curb and sidewalk at applicant's expense. 28. Per requirements of Real Property, City of Costa Mesa, dedicate a diagonal corner cut-off at the corner of West 19" Street and Maple Avenue per CCM STD. 414. 29. Fulfill drainage ordinance fee requirements prior to approval of plans. 30. 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. * These mitigation measures of the negative declaration have been included as code requirements. If any of these code requirements 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. EXHIBIT "A" Resolution No. 99-23 Page 6 of 6