Loading...
HomeMy WebLinkAbout99-75 - Approving Conditional Use Permit PA -99-38RESOLUTION NO. 99-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT PA -99-38. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AND FIND AS FOLLOWS: WHEREAS, an application was filed by Mark Cernich, authorized agent for Miles Soskin, with respect to the real property located at 2007 Harbor Boulevard, requesting a conditional use permit for a 26,980 square -feet, 209 unit, two-story mini -warehouse project with no live-in manager, in the C2 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 11, 1999, at which time the Planning Commission denied Conditional Use Permit PA -99-38; and WHEREAS, an appeal was filed by Mark Cernich on October 13, 1999; and WHEREAS, a duly noticed public hearing was held by the City Council on November 1, 1999. 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 ADOPTS the Negative Declaration and APPROVES Conditional Use Permit PA -99-38 with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this resolution is expressly predicated upon the activity as described in the staff report for Conditional Use Permit PA -99-38, 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 1st day of November, 1999. - n,,(�:� Mayor oft City of Costa Mesa ATTEST: I Deputy CClerk of the City of Costa Mesa 93 94 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. 99-75 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 16t day of November, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 2"d day of November, 1999. 1. Deputy Vi y Clerk and ex -officio Clerk of the Cityuncil of the City of Costa Mesa G 1 1 EXHIBIT "A" FINDINGS 95 A. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(2) in that the proposed mini -warehouse development 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 proposed use will not generate noise, odors, or traffic that would impact the residents in the area. The use will provide a service to both businesses and residents in the area. Additionally, the use is appropriate for the property considering the site's commercial zone but lack of exposure to a major, commercial 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. 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. Exhibit "A" Resolution No. 99-75 Page 1 of 1 96 EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -99-38 Pkng. 1. Customer access to the building shall be prohibited from 10 p.m. to 7 a.m. daily. 2. Cars, trucks, and other vehicles shall not be parked on-site overnight. 3. All parking spaces shall remain available to all mini -warehouse customers during business hours. Parking shall not be rented for vehicle, equipment, or materials storage. 4. The restroom shall be redesigned to provide access only from the inside the building. 5. The trash bin shall be placed within a lockable trash enclosure; only management shall be permitted to access the bin. The bin shall be of the smallest allowable capacity for this type of a commercial use. 6. The exterior roll -up doors shall be eliminated. Access to all storage units shall come from inside the building only. 7. Storage units shall not be used for manufacturing, assembly, or office purposes. 8. A sign shall be posted adjacent to the project entry door providing the name and 24 hour telephone number of the property's manager and/or management company. 9. 'Provide a written security plan prior to the submittal of plans to building plan check. The measures approved as part of the security plan shall be incorporated into the final building plans. 10. Exterior security lighting shall be provided for the building entry and parking area from sunset to sunrise. 11 . Lighting shall be designed without spill-over onto adjacent residences. A photometric study shall be submitted concurrent with the building plans to confirm that adequate lighting will be provided without impacting adjacent residents. 12. 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. 13. The office space shall be used by the property management company only; it shall not be leased or rented for any other business purpose. 14. Rental of trucks from this site is prohibited. 15. A block wall or decorative wrought iron fence shall be provided along all interior property lines. 16. Any fencing shall be placed a minimum of 20' from the Harbor Boulevard property line and 15' from the Charle Street property line. 17. Decorative gates, in a material consistent with remainder of Exhibit "B" Resolution No. 99-75 Page 1 of 7 1 1 1 APPL. PA -99-38 1 Exhibit "B" Resolution No. 99-75 Page 2 of 7 9'7 the perimeter fencing, shall be installed at both entries. 23. Transportation Services' approval of the gate location is required with the final approved location depicted on the final 24. building plans. 18. All transformers, backflow preventers, and other similar items shall be placed outside the required street setbacks (15 feet on 25. Charle Street; 20 feet on Harbor Boulevard). 19. The minor conditional use permit herein approved shall be valid 26. * 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 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 27. ordinances, or if, in the opinion of the Development Services Director or his designee, any of the findings upon which the 28. approval was based are no longer applicable. 20. 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. 21. Except as necessary for drainage, existing grades at property lines shall be maintained. 22. The parking spaces shall be reduced to a 16 foot depth and the sidewalk in front of the self -storage building widened two 1 Exhibit "B" Resolution No. 99-75 Page 2 of 7 9'7 feet; the wheel stops shall be eliminated. 23. A landscape planter shall be installed the entire length of the driveway from Harbor Boulevard. 24. To avoid an alley -like appearance, if the driveway is paved with asphalt, it shall be developed without a center concrete swale. Design shall be approved by the Planning Division. 25. Curbs and gutter shall be provided on either side of the driveway from Harbor Boulevard. 26. * The driveway on Harbor Boulevard shall be designed to accommodate two-way traffic. The applicant shall encourage customers, through the use of the rental agreements and appropriate signage, to use the Harbor Boulevard driveway as the primary ingress and egress for the project. 27. No exterior roof ladders and/or down spouts shall be permitted. 28. A copy of the conditions of approval for the conditional use permit 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 1 Exhibit "B" Resolution No. 99-75 Page 2 of 7 9'7 APPL. PAA-99-30- of A-99-3a 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. 11 Exhibit "B" Resolution No. 99-75 Page 3 of 7 of business or ownership of land. 29. The conditions of approval and ordinance or code provisions of Conditional Use Permit PA -99-38 shall be blueprinted on the face of the site plan. 30. The applicant shall contact the Planning Division to arrange for a "special requirements" inspection of the site prior to the release of the certificate of occupancy. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 31 . * Adequate watering techniques shall be employed to partially mitigate the impact of construction -generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day. 32. * SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emission source. Particulate matter deposits on public roadways are also prohibited. 33. * Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 mph. 34. * 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 35. interior work. Street setback landscape planters, which are planned to be at least eight feet in depth along Charle Street, shall be mounded to a high point of at least 24", with approved- turf and/or ground cover on the street side front half of the planter and shrubbery plantings and trees on the back half. Eng. 36. 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. Police 37. 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. 11 Exhibit "B" Resolution No. 99-75 Page 3 of 7 APPL. PA -99-38 99 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 . A minimum 15' deep landscaped setback shall be provided along the entire frontage of Charle Street. 2. 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. 3. 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, or the applicant applies for and is granted an extension of time. 4. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 5. Development shall comply with all requirements of Section 13-45 and Article 9, Chapter V, Title 13 of the Costa Mesa Municipal Code relating to commercial development standards. 6. Parking stalls shall be double -striped in accordance with City standards. 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 by a parapet under the direction of 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. 1 1 . 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 Exhibit "B" Resolution No. 99-75 Page 4 of 7 too Eng. APPL. PA -919-38 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. 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. 16. 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 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. 17. A construction access permit and deposit of $500.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 18. Haul routes must be approved by the Engineering Division, prior to approval of the construction access permit. 19. 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 city engineer. Cash deposit or surety bond amount to be determined by the city engineer. 20. Obtain a permit from the Engineering Division and construct a P.C.C. commercial sidewalk per City of Costa Mesa standards as shown on the off-site plan, including 4' around obstructions in the sidewalk. Exhibit "B" Resolution No. 99-75 Page 5of7 1 1 APPL. PA -99-38 21 . 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. A.D.A. compliance is required for all driveway approaches. 22. 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 Exhibit "B" Resolution No. 99-75 Page 6 of 7 101 height curb and sidewalk at applicant's expense. 23. Fulfill Drainage Ordinance Fee requirements prior to approval of approval of plans. 24. 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. 25. Applicant is advised that Charle Street is currently under a "no open cut" moratorium. Open cutting of the street pavement will only be approved with special resurfacing requirements. Parks 26. Street trees in the Charle Street setback shall meet with the Pkwys. approval of the Parks and Parkway Division of the Public Services Department. Street trees shall be Pyrus calleryana Aristocrat, 15 -gallon minimum size, spaced at 30' on center. Fire 27. Provide an automatic fire sprinkler system according to (a) NFPA 13. 28. Must comply with the Costa Mesa Fire Department's min - storage building standards. Contact Fire Prevention at (714) 754-5128. Bldg. 29. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". 30. * * 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. 31. Redesign the drive approach on Charle Street to a maximum width of 25 feet and construct with a commercial width flare. Modify the raised curb around the landscape planters to conform with the redesigned drive approach. Exhibit "B" Resolution No. 99-75 Page 6 of 7 101 142 APPL. PA -98-38 32. Construct the drive approach on Harbor Boulevard to a maximum width of 20 feet with commercial flares modified to suit adjacent public improvements. 33. Maintain a minimum 20 foot width for the driveway from Harbor Boulevard. 34. * * 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. At the current rate per trip end, the Traffic Impact Fee is estimated as $1,925.00. * * This code requirement is also a mitigation measure. 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. Orange 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- (949) 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. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to 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 2'1089(b)]. 1 Exhibit "B" Resolution No. 99-75 Page 7 of 7