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HomeMy WebLinkAbout99-30 - Approving Planning Application PA -99-12• RESOLUTION NO. 99-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -99-12. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Phillip R. Schwartze, authorized agent for Independent Development Company, Irwin and Virginia Kempler, Trustees for the Kempler Family 1981 Trust, 311 Poinsettia Avenue, Corona del Mar, with respect to real property located at 1716 Orange Avenue/204 East 1r Street, requesting a conditional use permit for shared (off-site) parking in conjunction with construction of a 12,000 -square -foot, two-story commercial building including a convenience store and second -story office, and for concurrent sale of alcoholic beverages and gasoline; a 2,400 -square -foot gasoline service station canopy, and pump island; and a minor modification to allow a portion of the building housing an elevator shaft to exceed the 30 -foot height limitation by 3 feet, in the C2 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on April 26, 1999, at which the Planning Commission approved a portion of the application, denying the request for concurrent sale of alcoholic beverages and motor vehicle fuel; and WHEREAS, the applicant appealed the Planning Commission's decision, and the City Council held a duly noticed public hearing on May 17, 1999; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record, the findings contained in Exhibit "A", and subject to conditions of approval contained in Exhibit "B", the City Council hereby adopts the Negative Declaration of Environmental Impact, and approves Planning Application PA -99-12 with respect to the property described above, including approval of the concurrent sale of alcoholic beverages and motor vehicle fuel. 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 -99-12, and upon applicant's compliance with each and all conditions contained in Exhibit "B". Should any material change occur in the operation, or should the applicant fail to comply with the conditions of approval, then this resolution and any recommendation for approval herein contained, shall be deemed null and void. PASSED AND ADOPTED this 17"' day of May, 1999. ATTEST: Deputy City V rk of the City of Costa Mesa c� Mayor oft a City of Costa Mesa STATE OF CALIFORNIA ► COUNTY OF ORANGE ► ss CITY OF COSTA MESA ► X99 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. 99-30 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 17"' day of May, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 18' day of May, 1999. Deputy Ct Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa 340 EXHIBIT "A" FINDINGS APDL. PA -99-12 A. The information presented substantially complies with Costa Mesa Municipal Code section 1 3-29(g)(2) in that the request for off-site parking to construct the 12,000 sq. ft., two-story commercial building is substantially compatible with developments in the same general area. Granting the conditional use permit for shared parking will not be detrimental to the health, safety, and general welfare of the public or oll)er properties or impioverrnents within the immediate vicinity. Specifically, all four parcels will be required to be "held together" by a parking agreement. Adequate parking is proposed on the four parcels for the project. Granting the conditional use permit will not allow a use, density, or intensity which is not in accordance with the General Plan designation of the property. B. The information presented substantially complies with Costa Mesa Municipal Code section 13 29(g)(2) in Iliac the proposed convenience store 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 commercial building in which the convenience store is located satisfies commercial setback requirements as well as floor area ratio requirements. Additionally, entrance to the mini -market is oriented away from residential development, and the mini -market would be required to comply with security and safety measures recommended by the Police Department. Granting the conditional use permit will not allow a use, density, or intensity which is not in accordance with the General Plan designation of the proper ty. C. The information presented does mol subt;tanlrally comply will) Costa Mesa Municipal Code section 13 29(8)(2) in that the proposed sale of alcoholic beverages on a site where gasoline is sold will be detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity. Specifically, the property is located in census tract 633 which has a high ratio of off -sale retail licenses. Five off -sale retail licenses are allowed in the census tract, 14 off -sale retail licenses currently exist. Because the census tract is currently over -concentrated with off -sale retail licenses, and because there are off -sale beer and wine licenses within vicinity of the project site, public convenience or necessity does not require an additional outlet at this location. D. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(2_) in that the proposed gasoline service station is 1 EXHIBIT "A" Resolution No. 99-30 Page 1 of 2 1 APPL. PA -99-12 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 gasoline pump islands and canopy are separated from the residential development to the north by the two-story commercial building. The gasoline pumps are easily accessible from the southerly driveway on Orange Avenue and from the driveway on East 17"' Street. 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. E. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(6) in that the proposed three-foot increase in building height is substantially will not be materially detrimental to the health, safety and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood. Specifically, the three foot height increase would encompass only a small portion of the building, and is on the side farthest removed from neighboring properties. The improvement is compatible and enhances the architecture and design of the existing and anticipated development in the vicinity in that the architecture of the elevator shaft is compatible with the building's architecture and with the architecture of existing developments on East 17"' Street. F. An initial study was prepared, pursuant to the California Environmental Quality Act. According to the initial study and negative declaration, which reflect the independent judgment of the City of Costa Mesa, the proposed project, as mitigated, could not have a significant effect on the environment. G. 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 would be greater than the impacts from the previous fast food restaurant and office building. Traffic impact fees are recluimd. EXHIBIT "A" Resolution No. 99-30 Page 2 of 2 301 X02 CONDITIONS OF APPROVAL Ping 2 3 El APPL. PA -99-12 EXHIBIT "B" The 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. Except as amended, approval is subject to the following project description: (1) conditional use permits for shared parking, (2) for a convenience store, (3) for a gasoline service station, and (4) for the concurrent sale of alcoholic beverages and gasoline on the same site. Under the direction of Planning staff and Transportation Services staff, additional adjustments may be required for the reorientation of the canopy to ensure that adequate on-site circulation, parking stall dimensions, and aisle widths are maintained. For the purpose of this development, a Land Use Restriction shall be recorded holding all four parcels (APN - 425-391- 01,02,03,04) together. Applicant shall submit to the Planning Division a copy of the legal descriptions of the properties, and either a lot book report or current title report identifying the current legal property owners so that the document may be prepared. 5. For the purpose of this development, a parking agreement shall be recorded for 425-391-01,02,03,04►. Applicant shall Division a copy of the legal descriptions either a lot book report or current titlE current legal orooerty owners so that reciprocal access and all four parcels (APN - submit to the Planning of the properties, and report identifying the the document may be prepared. 6. A minimum of 77 parking spaces shall be provided at all times. 7. A 20 -foot landscaped setback shall be provided along the entire length of the property on Orange Avenue. 8. Underground fuel tanks shall be located south of the commercial building and away from the residential development to the north. 9. * The existing trees along Orange Avenue shall be relocated on the property, or similar trees, in minimum 36 boxes, planted to replace them. 10. * Truck delivery hours shall be limited to 7 a.m. to 8 p.m. EXHIBIT "B" Resolution No. 99-30 Page 1 of 7 1 1 1 APPL. PA -99-12 1 1 . * No outdoor paging systems are allowed. All radios shall be contained within the building and not near doors. 12. * All deliveries shall be limited to the south of the new commercial building. 13. Applicant shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which applicant has control, to prevent trash, graffiti and littering. Any lighting under the control of applicant shall be directed in such a manner so as not to unreasonably interfere with the quiet enjoyment of nearby residences. Applicant shall further provide adequate lighting above the entrance to the premises sufficient in intensity to make visible the identity and actions of all persons entering and leaving the premises. 14. Exterior public telephones shall be equipped to prohibit incoming calls. 15. Except as permitted by the City of Costa Mesa Municipal Code for temporary window signs, the convenience store's windows shall not be blocked or obscured. 16. The applicant shall maintain free of litter all areas of the premises under which applicant has control. 17. Any graffiti painted or marked upon the premises shall be removed or painted over within 48 hours of being applied or detected. 18. Alcoholic beverage sales shall be limited to only beer and wine. 19. There shall be no sale of wine with an alcoholic content of greater than 15% by volume except for "dinner wines" which have been aged 2 years or more and maintained in corked bottles. 20. Wine shall not be sold in bottles or containers smaller than 750 milliliters. 21. No sale of beer in single cans or bottles (any size) shall be permitted. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of 2 or more gallons, which are clearly designed to dispense multiple servings. 22. Beer, malt beverages, wine coolers or pre -mixed distilled spirit cocktails (if allowed by the license) packed in 16 -ounce containers or smaller, may not be sold as single containers, but must be sold in manufacturer pre-packaged multi -unit quantities. 23. Beer or wine shall not be displayed or sold from an ice tub or any other type of portable refrigerated unit. 24. Applicant shall post signs inside and outside the premises prohibiting the on-site consumption of alcoholic beverages, and loitering. 25. Applicant shall post signs inside and outside the premises in compliance with the City of Costa Mesa Municipal Code notifying the public with regard to the prohibition of open containers of alcohol beverages. 1 EXHIBIT "B" Resolution No. 99-30 Page 2 of 7 303 3©4 APPL. PA -99-12 26. Every 2 hours, from 4:00 p.m. to closing, the applicant shall patrol the area over which the applicant has control in an effort to prevent the loitering of persons about the premises. The applicant shall make reasonable efforts to prevent loitering during other hours the business is open. 27. Exterior advertising shall comply with the City's sign regulations, and exterior advertisements which indicate the availability of alcoholic beverages shall be prohibited. Interior displays of alcoholic beverages or signs which are clearly visible from the exterior at the closest public street or sidewalk, shall constitute a violation of this condition. 28. * An 8 -foot high wall shall be constructed along the northerly property line. 29. Location and design of back-flow prevention device shall be approved by the Planning Division prior to installation. 30. * 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 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. 31.* Ensure that all construction and grading equipment are properly maintained. All vehicles and compressors should utilize exhaust mufflers and engine enclosure covers as designed by the manufacturer, and should be in place at all times. 32. * 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. 33. * Construction, grading, materials delivery, equipment operation or other noise -generating activity 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. on Saturday and Sunday. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting and other quiet interior work. 34. * Early morning use of radios in construction vehicles on-site and loud conversations shall be limited to a volume range that is not audible at the northerly residential property line. 35. * On-site idling of heavy equipment trucks shall be limited to 10 minutes in usage, including during breaks. 36. Grading plans shall depict on-site drainage improvements. 37. 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 EXHIBIT "B" Resolution No. 99-30 Page 3 of 7 1 1 1 1 1 1 APPL. PA -'9h-12 tract. * 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 REQOIREMENTS 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 is valid for one (1) year and will expire at the end of that period unless building permits are EXHIBIT "B" Resolution No. 99-30 Page 4 of 7 305 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. 38. The conditions of approval and ordinance or code provisions of planning application PA -99-12 shall be blueprinted on the face of the site plan. 39. 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. 40. * 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. 41 . * To the extent feasible, Police Department recommendations shall be incorporated into the design of the project. Trans. 42. Drive approaches shall be constructed to align with on-site aisles. The width of drive approaches shall not exceed 35 feet. Police 43. The Police Department has recommended conditions of approval geared towards safety and crime deterrence. The Police Department conditions of approval, dated March 23, 1999, are being included with report as recommendations. 44. The applicant shall obtain an ABC license from within the census tract. * 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 REQOIREMENTS 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 is valid for one (1) year and will expire at the end of that period unless building permits are EXHIBIT "B" Resolution No. 99-30 Page 4 of 7 305 APPL. PA -99-1 e_ 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. Proof of recordation of the final lot line adjustment consolidating the two small northerly parcels under the same ownership into one large lot and the two small southerly parcels under the same ownership into another larger lot shall be submitted prior to issuance of building permits. 5. Parking stalls shall be double -striped in accordance with City standards. 6. All compact parking spaces shall be clearly marked "compact" or "small car only". 7. All on-site utility services shall be installed underground or provisions made for future undergrounding, if it is impractical at this time. 8. 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. 9. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 10. 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. 1 1 . Landscaping and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Section 13-101 through 13-108 as well as irrigation requirements set forth by the water agency. Consult with the representative water agency - Mesa Consolidated Water District, Ray Barela - (949) 631-1291 far requirements. 12. Landscaping and irrigation shall be installed prior to final inspection or occupancy clearance, in accordance with the approved plans. 13. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland Cement Concrete curbing. 14. * This facility shall follow all Federal, State, and local guidelines regarding the storage and dispensing of gasoline. 15. * Outside security lighting shall be provided under the direction and upon the recommendation of the Development Services Department and/or the Police Department. Outdoor security lighting shall not impact adjacent developments. 16. * All exterior lighting shall be shielded and/or directed away from residential areas. EXHIBIT "B" Resolution No. 99-30 Page 5 of 7 1 �7 1 APPL. PA -99-12 17. No alcoholic beverages shall be displayed within five feet of the cash register or the front door. 18. No alcoholic beverages shall be sold or displayed outdoors. 19. No alcoholic beverage advertising shall be located on motor fuel islands, and no self -illuminated advertising for alcoholic beverages shall be located on buildings or windows. 20. Employees on duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 years of age to sell alcoholic beverages. 21. A site access permit and deposit for $1,000.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 22. Haul routes must be approved by the Engineering Division, prior to approval of the site access permit. 23. Submit required cash deposit or surety bond to guarantee construction of offsite 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. 24. Obtain a permit from the Engineering Division, at the time of development and reconstruct damaged sidewalk 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. 25. 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 offsite plan. Location and dimensions are subject to the approval of the City Engineer. ADA compliance is required for all driveway approaches. 26. 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. 27. Obtain a permit from the Engineering Division, at the time of development and then reconstruct wheelchair ramp on the corner of 17"' Street and Orange Avenue to meet ADA requirements. 28. Submit one duplicate mylar of signed plan to Engineering Division, prior to occupancy. 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. Trans. 31.* Fulfill mitigation of off-site traffic impacts at the time of issuance of Certificate of Occupancy to the Planning Division the required traffic impact fee pursuant to the prevailing schedule of charges 1 EXHIBIT "B" Resolution No. 99-30 Page 6 of 7 3 APPL. PA -99-12 adopted by the City Council. The traffic impact fee is calculated including credits for any existing use. At the current rate per trip end, the traffic impact fee is estimated at $51,075.00. * These code requirements have been included as mitigation measures of the negative declaration. SPECIAL DISTRICT REQUIREMENTS The requirements 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, 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 shall submit a plan showing sewer improvements to the district engineer's office- (714) 631-1731. 4. Developer is required to contact the Costa Mesa Sanitary District at (714) 754-5307 to arrange final sign -off prior to certificate of occupancy or utilities being released. School 5. Applicant shall submit proof that applicable development fee has been paid to the Newport Mesa Unified School District (556-3241) prior to the issuance of building permits. AQMD 6. Applicant shall contact the Air Quality Management District (800) 388-2121 for potential additional conditions of development or for additional permits required by the district. Fish & 7. 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)]. 1 EXHIBIT "B" Resolution No. 99-30 Page 7 of 7