HomeMy WebLinkAbout99-41 - Approving Minor Conditional Use Permit ZA-99-119=9
RESOLUTION NO. 99-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING MINOR
CONDITIONAL USE PERMIT ZA-99-11.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Bruce Jordan, authorized agent for
Nexus Development, with respect to real property located at 1741 Whittier Avenue,
for a 950 -unit mini -warehouse project in the MG zone; and
WHEREAS, the Zoning Administrator approved ZA-99-11 on April 22, 1999;
and
WHEREAS, ZA-99-11 was appealed to the Planning Commission by Council
Member Heather Somers on April 27, 1999; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on May 24, 1999, at which time the Planning Commission approved Minor Conditional
Use Permit ZA-99-11; and
WHEREAS, ZA-99-11 was appealed to the City Council by Council Member
Heather Somers; and
WHEREAS, a duly noticed public hearing was held by the City Council
on June 21, 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 Minor Conditional Use Permit ZA-99-11 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 Minor Conditional Use Permit ZA-99-11, 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 21' day of June, 1999.
�G
Mayor of th City of Costa Mesa
ATTEST:
7.
Deputy Cit Jerk of the City of Costa Mesa
iso
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. 99-41 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the 21' day of June, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 22' day of June, 1999.
Deputy City lerk and ex -officio Clerk of
the City Co cil of the City of Costa Mesa
1
Fj
1
C
EXHIBIT "A"
PLANNING COMMISSION FINDINGS
A. The proposed mini -warehouse, as conditioned by the Zoning Administrator, is
substantially compatible with developments in the same general area and
would not be materially detrimental to other properties in the area. The
proposed project is compatible with the adjacent industrially -zoned properties
which contain multi -tenant industrial buildings constructed in 1977 Ito the
south) and in 1980 (to the north).
B. Granting the minor conditional use permit will not be materially detrimental to
the health, safety and general welfare of the public or otherwise injurious to
property or improvements within the immediate neighborhood. The proposed
use will not generate noise, odors, or traffic that would impact the residential
mobile home park to the east. Additionally, the proposed rear setbacks of the
buildings, in conjunction with the screening of the RV storage, will reduce
any impacts on proposed residential development to the west.
C. 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.
D. 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.
E. 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
payment of traffic impact fees.
F. The proposed buildings are an excessive distance from the street
necessitating fire apparatus access and provision of three (3) on-site fire
hydrants.
EXHIBIT "A"
Resolution No. 99-41
Page 1 of 1
3st
362
EXHIBIT "B"
CONDITIONS OF APPROVAL
Ping. ' 1.
The 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. The minor conditional use
permit may be referred to the Zoning Administrator 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.
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 '/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.
3.
Except as necessary for drainage, existing grades at property lines shall
be maintained.
4.
A copy of the conditions of approval for minor conditional use permit ZA-
99-11 must be kept on premises and presented to any authorized city
official upon request. New business/property owners shall be notified of
conditions of approval upon transfer of business or ownership of land.
5.
The conditions of approval and ordinance or code provisions of minor
conditional use permit ZA-99-11 shall be blueprinted on the face of the
site plan as part of the plan check submittal package.
6.
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.
7.
The business shall be conducted, at all times, in a manner that will allow
the quiet enjoyment of the surrounding neighborhood. -The applicant
and/or business owner shall institute whatever security and operational
measures are necessary to comply with this requirement.
8.
The number of cubicles provided may not be substantially increased
without approval by the Zoning Administrator.
9.
Daily hours of operation shall be limited to 7 a.m. to 7p.m.
10.
Both front gates shall be constructed of a solid metal material, painted
in a matching or compatible color of the buildings as they face the
street.
11.
A 5' deep planter, to be densely planted with screening materials, or a
decorative block wall shall be provided along the rear property line to
screen views of RV storage from proposed development to the west,
under the direction of the Planning staff.
* 12.
Archeological and paleontological monitoring plans shall be submitted
to the Planning Division prior to issuance of grading permits. An Orange
EXHIBIT "B"
Resolution No. 99-41
Page 1 of 6
1
1
LSI
363
County certified archeologist and paleontologist shall monitor grading
activities throughout the site. Final reports shall be submitted to the
Planning Division and the UCLA Clearinghouse prior to issuance of
Certificates of Occupancy.
Eng. * 13. Maintain the public right-of-way 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.
P. D. 14. The attached list of security recommendations is provided by the Police
Department for the applicant's consideration.
* 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.
2.
Approval of the 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.
Development shall comply with all requirements of Section 13-54(a) and
Article 9, Chapter .V, Title 13 of the Costa Mesa Municipal Code relating
5.
to industrial development standards.
Parking stalls shall be double -striped in accordance with city standards.
6.
The paving under required covered parking spaces shall be Portland
Cement Concrete (PCC).
7.
All on-site utility services shall be installed underground.
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.
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.
EXHIBIT "B"
Resolution No. 99-41
Page 2 of 6
364
11. 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.
12. Landscape and irrigation plans shall meet the requirements set forth in
Costa Mesa Municipal Code Sections 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 for requirements.
13. Landscaping and irrigation shall be installed in accordance with the
approved plans prior to final inspection or occupancy clearance.
14. All landscaped areas shall be separated from paved vehicular areas by 6"
high continuous Portland Cement Concrete curbing.
15. Trash enclosures or other acceptable means of trash disposal shall be
provided. Design of trash enclosures shall conform with city standards.
Standard drawings are available from the Planning Division.
16. 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.
17. Metal storage containers are prohibited.
18. A minimum 8' high decorative block wall shall be installed along
property lines and street setback lines under the direction of the
Planning Division.
19. Overhead access doors shall be screened from off-site.
20. The following uses are prohibited in mini -warehouse facilities:
(1) Any business activity (other than rental of storage units), including
miscellaneous or garage sales, and transfer/storage businesses which
utilize vehicles as part of the business; (2) servicing or repair of motor
vehicles, boats, trailers, lawn mowers, or any similar equipment; and
(3) the use of the property for uses other than storage.
21. All rental contracts shall include clauses prohibiting:
(1) Storage of flammable liquids, highly combustible or explosive
materials, or hazardous chemicals; and (2) the use of the property for
uses other than storage.
22. A resident manager shall be required on the site and shall be
responsible for maintaining the operation of the facility in conformance
with the conditions of approval and all applicable ordinances.
23. Required parking may not be rented as, or used for, vehicular storage.
Uncovered vehicle storage shall be limited to the 27 parking spaces
shown along the north and west property lines.
*24. Construction, grading, materials delivery, equipment operation, or other
noise generating activity shall be limited to the hours of 7 a.m. to 8
-p.m. Monday through Friday, and 8 a.m. to 7 p.m. Saturday, Sunday,
and federal holidays. Exceptions may be made for activities that will
not generate noise audible from off-site, such as painting and 'other
quiet interior work.
* 25. Prior to release of building permits, provide written proof from the
Department of Oil and Gas (D.O.G.) that all wells have been properly
capped and abandoned as required by D.O.G.
EXHIBIT "B"
Resolution No. 99-41
Page 3 of 6
1
1
—1
365
*26.
Prior to release of building permits, provide written proof from the
Department of Toxic Substances Control (916) 255-2121 that all toxic
substances have been fully removed as required by the Department of
Toxic Substances Control.
Bldg. 27.
Comply with the requirements of the Uniform Building Code as to design
and construction and CCR Title 24 pertaining to "Disabled Access
Regulations".
*28.
Applicant shall contact the Air Quality Management District (800) 288-
7664 for potential additional conditions of development or for
additional permits required by the district.
*29.
Prior to or concurrent with submittal of plans for building plan check,
applicant shall submit a Water Quality Management Plan (WQMP) that
identifies the applicant and incorporation of those routine structural and
non-structural Best Management Practice (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.
Eng. 30.
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 offsite plan check fee to the Engineering Division. An approved
offsite plan and fee shall be required prior to engineering/utility permits
being issued by the City.
31.
A construction access permit and deposit of $ 500 for street sweeping
will be required by the Engineering Division prior to the start of any on -
or off-site work.
32.
Haul routes must be approved by the Engineering Division, prior to
approval of the site access permit.
33.
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 city engineer. Cash
deposit or surety bond amount to be determined by the city engineer.
34.
Obtain a permit from the Engineering Division and construct a P.C.C.
residential/commercial sidewalk per City of Costa Mesa standards as
shown on the offsite plan, including 4' around obstructions in the
sidewalk.
35.
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 Transportation Services Manager. A.D.A.
compliance is required for all driveways.
36.
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.
EXHIBIT "B"
Resolution No. 99-41
Page 4 of 6
37.
Fulfill Drainage Ordinance Fee requirements prior to approval of approval
of plans.
38.
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.
Trans. *39.
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 includes a
credit for all existing uses. At the current rate per trip end, the Traffic
Impact Fee is estimated as $30,525.
Fire 40.
Provide 3 Class A fire hydrants to be located as indicated on the plans
reviewed by the fire department.
41.
Water mains shall be of adequate size to deliver 1,000 gallons per
minute simultaneously from the 3 closest hydrants to any and all points
of the development with a minimum residual pressure of 20 psi.
42.
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.
43.
All hydrants shall be installed and operable prior to the initiation of
combustible construction.
44.
Provide "blue dot" reflective markers for all on-site fire hydrants.
45.
Provide a rapid entry lock system.
Com. 46.
Street trees in the front setback shall meet with approval of the
Svs.
Community Services Department. Street trees shall be Melalueca
luecadendron, 15 -gallon minimum size, spaced at 30' center.
* These mitigation measures of the negative declaration have been included as code
requirements.
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, 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- (949) 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.
Sch. 5. Applicant shall submit proof that applicable development fee has been paid
to the Newport Mesa School District (556-3241) prior to the issuance of
building permits.
EXHIBIT "B"
Resolution No. 99-41
Page 5 of 6
1
P_
1
F&G. 6. Applicant shall submit a check to the Planning Division for an 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 beeit paid [PRC 21089(b)].
1
1
1
EXHIBIT "B"
Resolution No. 99-41
Page 6 of 6
36'7