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HomeMy WebLinkAbout98-41 - Approving Planning Application PA -98-08, 242 Victoria Street1 1 1 RESOLUTION NO. 98-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -98-08. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Arthur Bahar, authorized agent for Arman Muratyan, with respect to real property located at 242 Victoria Street, requesting a conditional use permit to construct a five -bay, 4,880 -square -foot automotive repair shop with an 800 -square -foot second story office, within 200 feet of a residential zone, and a variance from side yard setback requirements to allow a canopy to be constructed on the eastern side property line, in a C2 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 9, 1998, wherein the project was approved; and WHEREAS, the Planning Commission's decision was appealed to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on April 20, 1998, to consider the application; 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 of the City of Costa Mesa hereby adopts the Negative Declaration and approves Planning Application PA -98-08 with respect to the property described above. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this resolution is expressly predicated upon the activity described in the agenda report for Planning Application PA -98-08, 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 18th day of May, 1998. Mayor of the City Yolsta Mesa ATTEST: Deputy City C rk of the City of Costa Mesa 331 3:32 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. 98-41 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 18th day of May, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of May, 1998. TT eputy City Jerk and ex -officio Clerk of the City CoLocil of the City of Costa Mesa 1 1 EXHIBIT "A" FINDINGS A. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(2) in that the proposed automotive repair facility is substantially compatible with developments in the same general area. Directly east of the property is the Battery Mart, and southeast of the property on Newport Boulevard, is a lube and tune facility. Furthermore, 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 because the project's automotive repair area is well buffered from adjacent residential development by a parking lot, and the orientation of its bay doors away from the residential development further lessens those impacts. 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. 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 side yard setback requirements. Due to the deep, narrow shape of the lot, strict application of the zoning ordinance will deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. The degree of variance permitted (5% of the lot depth) does not exceed that required to overcome these deficiencies. C. 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 could not have a significant effect on the environment. D. 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. 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 the payment of traffic impact fees. Exhibit "A" Resolution No. 98-41 Page 1 of 1 333 334 EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -98-08 Ping 1. A minimum setback of 15 feet shall be provided along one of the side property lines. 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 %" 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. Turn -around area shall be striped and marked for no parking. 5. 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 measures necessary to comply with this requirement. 6.* Should more than one customer arrive at the establishment at the same time, applicant and/or business owner shall ensure that the concept of welcoming customers at the waiting area does not create a vehicular back-up into public right-of-way. Measures shall be instituted to ensure that this requirement is not violated. 7. Hours of operation shall be limited to 8 a.m. to 6 p.m., Monday through Friday, and 8 a.m. to 5 p.m. on Saturdays. The shop is closed on Sundays. 8. To further reduce noise impacts, all compressors shall be located inside the building. 9 Should the variance be approved, the canopy support structure shall be finished on all sides with the same material (marble) proposed for the front of the building. 10. * Replace existing tree located at the southwest corner of the lot with a tree of similar size and specie. Prior to removal of this tree, applicant shall contact a plant nursery to identify the type of tree to be removed so that a similar replacement tree (size or specie) is provided 11.* There shall be no test driving of vehicles on Avocado Street. 12. * There shall be no openings on the north end of the work bay building. 13. * Demolition permits for the existing structure shall be obtained and Exhibit "B" Resolution No. 98-41 Page 1 of 7 1 1 1 APPL. PA -98-08 1 * 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. Exhibit "B" Resolution No. 98-41 Page 2 of 7 335 all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 14. * Construction shall not occur between the hours of 8 p.m., and 8 a.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. 15. * The applicant shall contact the Air Quality Management District (800) 388-2121 for conditions of development and/or additional permits required by the district. Written proof from AQMD that these requirements have been satisfied shall be provided to the Planning Staff prior to issuance of building permits for the project. 16. * All exterior lighting shall be shielded and/or directed away from residential areas. Applicant shall work with the Planning Division to ensure that the intensity and location of the lights are consistent with the desires of the Planning Commission. 17. * Outdoor public communication or loud speaker systems, are prohibited outside the building. 18. * Auto brake fluids, used motor oil, used auto brake pads and corrosive items such as acid from auto batteries shall be stored in leak -proof containers that limit their contact with the soil. 19. The applicant shall build an 8 -foot high block wall along the rear property line, with height to be measured from the final grade level, to minimize noise into the surrounding neighborhood. 20. Repair bays must be insulated with sound absorbent material. 21. The dynamometer must be located in the repair bay closest to Victoria Street. 22. If possible, use sound dampening devices on all pneumatic tools. 23. Mature trees shall be planted around the rear portion of the lot to provide visual relief for second story residents. 1 * 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. Exhibit "B" Resolution No. 98-41 Page 2 of 7 335 336 APPL. PA -98-08 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. 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. The conditional use permit 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. 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 and business commences, or the applicant applies for and is granted an extension of time. 3. 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. 4. All work shall be conducted under -roof. Outdoor work or display is prohibited. 5. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 6. Development shall comply with all requirements of Article 3, Chapter V, Article 9 Chapter V, Title 13 of the Costa Mesa Municipal Code relating to commercial development standards. 7. Parking stalls shall be double -striped in accordance with city standards. 8. All compact parking spaces shall be clearly marked "compact" or "small car only". 9. All on-site utility services shall be installed underground. 10. 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. 11. Any mechanical equipment such as air-conditioning equipment Exhibit "B" Resolution No. 98-41 Page 3 of 7 1 1 16 Comm. 21. 1 APPL. PA -98-08 and duct work shall be screened from view in a manner approved by the Planning Division. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland Cement Concrete curbing. Installation of a 6' high solid opaque wall or fence shall be required under the direction of the Planning Division. Design of trash enclosure shall conform with city standards. Standard drawings are available from the Planning Division. 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. 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 Ray Barela - (714) 631-1291, representative of the Mesa Consolidated Water District, for requirements. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 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. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". Prior to or concurrent with submittal of plans for building plan check, 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. Required street trees are Pyrus Calleryana Bradfordi spaced at Exhibit "B" Resolution No. 98-41 Page 4 of 7 33'7 17. 18. Bldg. 19. 20.** Comm. 21. 1 APPL. PA -98-08 and duct work shall be screened from view in a manner approved by the Planning Division. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland Cement Concrete curbing. Installation of a 6' high solid opaque wall or fence shall be required under the direction of the Planning Division. Design of trash enclosure shall conform with city standards. Standard drawings are available from the Planning Division. 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. 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 Ray Barela - (714) 631-1291, representative of the Mesa Consolidated Water District, for requirements. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 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. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". Prior to or concurrent with submittal of plans for building plan check, 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. Required street trees are Pyrus Calleryana Bradfordi spaced at Exhibit "B" Resolution No. 98-41 Page 4 of 7 33'7 338 APPL. PA -98-08 Svc. 30 feet on center. Eng. 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, and hydrology calculations, both prepared by a civil engineer or architect. Site access approval must be obtained prior to building or engineering permits being issued by 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. 23. A site access permit and deposit of $350.00 for street sweeping will be required by the Engineering Division prior to the start of any on-site or off-site work. 24. Haul routes must be approved by the Engineering Division prior to approval of the site access permit. 25. * * Maintain the site in a "wet -down" condition to the degree necessary to prevent excessive dust. Periodically remove spillage from the public right-of-way by sweeping and sprinkling. 26. 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 offsite plan, including four (4) feet clear around obstructions in the sidewalk. 27. 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 required for all driveways. 28. Fulfill drainage ordinance fee requirements prior to 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. 30. 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. 31. Provide path of travel from public sidewalk to the main entrance of the building. Fire 32. Provide an automatic fire sprinkler system according to NFPA 13. 33. * * The rear portion of the building is at an excessive distance Exhibit "B" Resolution No. 98-41 Page 5 of 7 1 1 1 1 I� Trans. 34. * * 35. 36. * * These code declaration. from the street; the plan does not lend itself to fire apparatus access. Problems associated with this condition can be reduced by installation of a fire sprinkler system. Fulfill mitigation of off-site traffic impacts at the time of issuance of building permit 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 average daily trip generation rate of 20 trip ends per Thousand Square Feet for the proposed automotive service center use and includes a credit for any existing use. At the current rate of $1 50 per trip end, the traffic impact fee is estimated at approval to the Costa Mesa Sanitary District (714) 631-1731 and $15,600.00. shall include provisions preventing wash down water from Construct commercial driveway approach at the Victoria Street curb line. water from entering the sewer system. Construct an adequate paved access connecting the existing drive approach to the on-site driveway. 5307 for inspection. Requirements are also mitigation measures of the negative SPECIAL REQUIREMENTS 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 at (714) 631-1731. 4. If proposed, car detailing operation plans shall be submitted for approval to the Costa Mesa Sanitary District (714) 631-1731 and shall include provisions preventing wash down water from entering the street or storm drain system and also preventing rain water from entering the sewer system. 5. * * To receive credit for buildings to be demolished, call (714) 754- 5307 for inspection. 6. Developer is required to contact the Costa Mesa Sanitary District at (714) 754-5307 to arrange for final sign -off prior to issuance of a certificate of occupancy or release of utilities.. Water 7. Applicant is reminded that additional conditions of development may be imposed by Mesa Consolidated Water District (714) 631- 1200 and/or other serving utilities. Subject to approval by the board of directors, Mesa Consolidated Water District may require Exhibit "B" Resolution No. 98-41 Page 6 of 7 339 340 payment of a developer impact fee prior to installation of water service or construction of required master plan facilities. School 8. Applicant shall submit proof that applicable development fee has been paid to the Newport Mesa Unified School District (556- 3241) prior to issuance of building permits. Fish & 9. 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)]. * * These special district requirements are also mitigation measures of the negative declaration. 1 1 Exhibit "B" Resolution No. 98-41 Page 7 of 7