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HomeMy WebLinkAbout98-63 - Approving Master Plan amendment PA -98-41, 3333 Bristol StreetRESOLUTION NO. 98-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MASTER PLAN AMENDMENT PA -98-41. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Mike Paz, authorized agent for South Coast Plaza Partnership, with respect to the real property at 3333 Bristol Street, requesting approval of a master plan amendment for construction of a new restaurant and expansion/remodel of an entry, the PDC zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 8, 1998, at which time the Planning Commission recommended approval of the application; and WHEREAS, the City Council considered the application at a public meeting held on June 15, 1998; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the City Council of the City of Costa Mesa hereby adopts the Negative Declaration and approves Master Plan Amendment PA -98-41 with respect to the property described above. BE IT FURTHER RESOLVED that the City Council of the City of Costa Mesa does hereby find and determine that adoption of this resolution is expressly predicated upon the activity as described in the Agenda Report for Master Plan Amendment PA -98-41 and upon applicant's compliance with each and all of the 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 15th day of June, 1998. Mayor of the City of t Mesa ATTEST: Deputy City I rk of the City of Costa Mesa 1 40'7 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. 98-63 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 15th day of June, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 16th day of June, 1998. T - Deputy City Crk and ex -officio Clerk of the City Coun it of the City of Costa Mesa 11 I -1I L R4111:11 EXHIBIT "A" FINDINGS A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29 (g)(5) in that the master plan meets the broader goals of the General Plan, the North Costa Mesa Specific Plan, and the Zoning code by exhibiting excellence in design, site planning, integration of uses and structures, and protection of the integrity of neighboring development. B. 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. C. 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. 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. Exhibit "A" Resolution No. 98-63 Page 1 of 1 u 1 EXHIBIT "B" C1ONDITIONS OF APPROVAL Ping. 1. Suite address shall be provided adjacent to the unit's entrances. Letters or numerals shall be 4" in height with not less than '/. " stroke and shall contrast sharply with the 1 Exhibit "B" Resolution No. 98-63 Page 1 of 4 background. 2. All new construction shall be architecturally compatible with regard to building materials, style, colors, etc. with the existing structures. Plans submitted for plan check shall indicate how this will be accomplished_. 3. The conditions of approval and ordinance or code provisions of Master Plan Amendment PA -98-41 shall be blueprinted on the face of the site plan. 4. 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. 5. 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, hours of operation before 6 a.m. or after 2 a.m. or provision of entertainment, will require approval of an amendment to the conditional use permit, subject to Planning Commission approval. 6. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. 7. Live entertainment, amplified music and/or dancing may only be permitted after approval of a master plan amendment and City issuance of a "public entertainment permit." 8. There shall be no room or designated area reserved for the exclusive use of designated persons or "private club members." 9. 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. 10. There shall be no sales of alcoholic beverages for off-site consumption. 11. The restaurant shall remain a "bona fide -eating place" as defined by section 23038 of the California Business and Professions Code. 12. Music shall not be audible beyond the area under the control of the licensee. 1 Exhibit "B" Resolution No. 98-63 Page 1 of 4 410 1 3. * Maintain the public right-of-way in a "wet -down" condition to the degree necessary to prevent excessive dust and periodically remove any spillage from the public right-of-way by sweeping or sprinkling. * This mitigation measure of the Negative Declaration has been included as a condition of approval. If this condition is 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 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. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 4. All on-site utility services shall be installed underground. 5. 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. 6. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-103 through 13-108. 7. Two (2) sets of landscape and irrigation plans, approved by both the Planning Division, shall be attached to two of the final building plan sets. B. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 9. 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 Exhibit "B" Resolution No. 98-63 Page 2 of 4 1 FJ 1 1 1 * * These code requirements have also been included as mitigation measures in the project's Negative Declaration. 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 Exhibit "B" Resolution No. 98-63 Page 3 of 4 411 and how the mitigation measures are to be met. Eng. 10. A construction access permit and deposit of $1,000.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. Fire 11. Provide an approved automatic extinguishing system for all cooking surfaces, hoods and ducts. 12. A Fire Department permit for assembly is required. 13. Any interior alterations will require appropriate alteration of the automatic fire sprinkler system. Bldg. 14. Comply with the requirements of the Uniform Building Code as to, design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". 15. * * Prior to issuance of any building permits, applicant shall submit a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural and non-structural Best Management Practices (BMPs) outlined in the countywide National Pollution Discharge Elimination System (NPDES) Drainage Area Management Plan (DAMP), Appendix G. The WQMP shall detail implementation of BMPs not dependent on specific land uses, for review and approval by the Development Services Department. Trans. 16.* * Fulfill San Joaquin Hills Transportation Corridor Fee Ordinance requirement at the time of issuance of building permit by submitting the required fee to the Planning Division. At the current rate of $3.19 per square foot for the proposed use, the corridor fee is estimated as $42,676.00. 17.* * Fulfill mitigation of off-site traffic impacts at the time of issuance of certificate of occupancy by submitting to the Planning Division the required Traffic Impact Fee pursuant to the prevailing schedule of charges adopted by the City Council. The Traffic Impact Fee is calculated based upon the average daily trip generation rate of 27.34 trip ends per thousand square feet for the proposed regional commercial use and includes a credit for any existing use. At the current rate of $150 per trip end, the Traffic Impact Fee is estimated as $54,000.00. * * These code requirements have also been included as mitigation measures in the project's Negative Declaration. 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 Exhibit "B" Resolution No. 98-63 Page 3 of 4 411 412 Exhibit "B" Resolution No. 98-63 Page 4 of 4 1 1 1 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 issuance of building permits. To receive credit for buildings to be demolished, call (714) 754-5307 for inspection. 3. Developer shall submit a plan showing sewer improvements to the district engineer's office- (714) 631-1731 - prior to the issuance of building permits. 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 being released. School 5. Applicant shall submit proof that applicable development fee has been paid to the Newport Mesa Unified School District (424-7530) prior to the issuance of building permits. Fish & 6. Applicant shall submit a check to the Planning Division for an Game environmental handling fee of $38.00 made payable to the county clerk -recorder within seven (7) days of project approval. Approval of this project will not be vested or final until the filing fee (required under section 711.4 of the Fish and Game Code) has been paid [PRC 21089(b)]. Exhibit "B" Resolution No. 98-63 Page 4 of 4 1 1 1