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HomeMy WebLinkAbout12-48 - Approving Planning App PA-12-04 for 1726 Superior AveRESOLUTION NO. 12-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -12-04 FOR PROPERTY LOCATED AT 1726 SUPERIOR AVENUE. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Foothill Project Management, representing Walgreens Co., the property owner, requesting approval of the following: o Site specific General Plan amendment to exceed the maximum allowable Floor Area Ratio (FAR) (0.30 maximum FAR allowed; 0.49 FAR proposed). o Demolish an existing 11,000 square -foot building (former Tower Records) and construct a new 14,310 square -foot Walgreens Store. o Variance from building and landscaped setbacks (20 feet required; 0-18 feet proposed). o Variance from interior parking area landscaping requirements (1,100 square feet required, 0 square feet proposed). o Variance from maximum building height (30 feet allowed; 32 feet proposed). o Minor conditional use permit to allow a reduction in required on-site parking spaces (57 spaces required; 44 spaces proposed). WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 11, 2012, with all persons having the opportunity to speak for and against the proposed project. The Planning Commission adopted Resolution No. PC -12-21 recommending that the City Council approve the Planning Application; WHEREAS, a duly noticed public hearing was held by the City Council on July 3, 2012, with all persons having the opportunity to speak for and against the proposed project. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, THE CITY COUNCIL HEREBY APPROVES PA -12-04 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 PA -12-04 and upon applicant's compliance with each and all of the conditions contained in Exhibit B as well as with compliance of all applicable federal, state, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. PASSED AND ADOPTED this 3`d day of July, 2012. ATTEST: APPROVED AS TO FORM: e.-. /r Brenda Green, pa City Attorney Tho Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA 1, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 12-48 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 3rd day of July, 2012, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: BEVER, RIGHEIMER, LEECE, MENSINGER, MONAHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 5th day of July, 2012. BRENDA GREE INTERIM CITY CLERK (SEAL) EXHIBIT A FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: 1. A compatible and harmonious relationship exists between the proposed use and existing buildings, site development, and uses on surrounding properties. 2. Safety and compatibility of the design of the buildings, parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation. 3. The proposed use will comply with the performance standards as prescribed in the Zoning Code. 4. The proposed use is consistent with the General Plan and Redevelopment Plan. 5. The planning application is for a project -specific case and does not establish a precedent for future development. 6. The cumulative effect of all the planning applications have been considered. 7. The proposed reuse of this marginal property may help catalyze revitalization of the Westside. The project involves private market investment into a deteriorated property where the existing Tower Records building and pole sign will be completely demolished. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(1) because: a. Because of special circumstances applicable to the property, the strict application of development standards deprives such property of privileges enjoyed by others in the vicinity under identical zoning classifications. b. The deviation granted shall be subject to such conditions as will assure that the deviation authorized shall not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated. c. The granting of the deviation will not allow a use, density, or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property. With regard to the requested variances from building and landscaped setbacks and interior parking area landscaping, special circumstances are applicable to the property, specifically, the unusual triangular shape of the project site prevents the strict application of the above development standards, depriving the development and property of privileges enjoyed by others in the vicinity under identical zoning, which contain commercial developments. Additionally, granting the deviations would not constitute a grant of special privileges inconsistent with other properties in the vicinity since the existing Tower Records building also had similar setbacks, landscaping, and building height constraints when it was originally built. Finally, granting of the variances will not allow a use, density, or intensity which is not in accordance with the general plan designation for the property, due to the request for the site-specific General Plan amendment. With regard to the requested variance from building height, it should be noted that only one portion of an architectural tower exceeds the 30 foot height, and the deviation is only two feet above the maximum allowable height limit. General Plan Land Use Element Objective LU -1 C.1 permits the construction of buildings over two stories or 30 feet when it can be shown that the construction of such structures will not adversely impact surrounding developments and deprive existing land uses of adequate light, air, privacy, and solar access. C. The minor conditional use permit to allow a reduction in required on-site parking spaces substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) because: a. The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. 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. 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 and any applicable specific plan for the property. Specifically, the 44 proposed on-site parking spaces will be adequate for the project based on the parking study prepared by KOA Corporation which indicates that, based on a survey of three similar Walgreens stores (two in Santa Ana and one in Huntington Beach), the proposed parking supply would adequately serve the new Walgreens store. The study indicated that the City's retail parking rate of 4 spaces per 1,000 square feet is not an appropriate rate for this type and size of a Walgreens store, especially considering that the proposed store will be the smallest sized Walgreens store in Orange County. The parking study has been reviewed by the City's Transportation Services Division, and they concur with the study methodology, suggested parking rates, and the consultant's conclusions regarding adequate parking. D. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines; and the City's environmental procedures, and has been found to be exempt from CEQA under Section 15332 for In -Fill Development Projects. 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 B CONDITIONS OF APPROVAL Ping. 1. The uses shall be limited to the type of operation as described in the staff report and conditions of approval. Any change in the operational characteristics of any use including, but not limited to, the hours of operation and additional services provided, shall require review by the Planning Division and may require an amendment subject to approval by the Zoning Administrator. 2. The subject property's ultimate finished grade level may not be filled/raised unless necessary to provide proper drainage, and in no case shall it be raised in excess of 30 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on-site stormwater flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public stormwater facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall continuously be maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties. 3. Demolition permits for existing structures shall be obtained and 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. 4. The conditions of approval and ordinance or code provisions of Planning Application PA -12-04 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. The applicant shall contact the Planning Division to arrange Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 6. It is recommended that the project incorporate green building design and construction techniques where feasible. The applicant may contact the Building Safety Division at (714) 754-5273 for additional information. 7. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts are permitted. This condition relates to visually prominent features of scuppers or downspouts that not only detract from the architecture but may be spilling water from overhead without an integrated gutter system which would typically channel the rainwater from the scupper/downspout to the ground. An integrated downspout/gutter system which is painted to match the building would comply with the condition. This condition shall be completed under the direction of the Planning Division. 8. No modification(s) of the approved building elevations including, but not limited to, changes that increase the building height, removal of building articulation, or a change of the finish material(s), shall be made during construction without prior Planning Division written approval. Failure to obtain prior Planning Division approval of the modification could result in the requirement of the applicant to (re)process the modification through a discretionary review process such as a minor design review or a variance, or in the requirement to modify the construction to reflect the approved plans. 9. If parking shortages or other parking -related problems arise, the business operator shall institute whatever reasonable operational measures necessary to minimize or eliminate the problem. These measures may include off-site employee parking, select parking spaces for short-term parking (i.e. 30 minutes, 1 hour, etc.), and/or any other measures as deemed appropriate by the Development Services Director. 10. The use 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 reasonable security and operational measures are necessary to comply with this requirement. 11. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to commencement of the business. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 12. Prior to the grand opening, the applicant shall submit an interim parking plan to the Planning Division for review and approval to ensure that adequate employee parking is available on-site or on at an authorized site through an agreement with its property owner. In addition, the plan shall indicate that employees shall be available to minimize any impacts to circulation on the adjacent streets and surrounding properties. This interim plan shall be in place for a minimum of 60 days during the "Grand Opening" and may be extended for an additional 30 days to meet customer demands as deemed appropriate by the Development Services Director. The interim plan shall be approved prior to issuance of certificate of occupancy. 13. After the Grand Opening period when the interim parking plan is no longer in place, employees shall park on-site. Employee parking shall occur in any of the parking stalls on the property. Employee parking on the public streets shall be considered a violation of the terms of approval of PA -12-04. If repeated violations occur, the Development Services Director shall have the discretion to require employee parking spaces be assigned on the property, or to make arrangements for off-site employee parking if needed. 14. No later than one year from the date of the grand opening, the applicant's parking consultant shall prepare an updated parking study to determine if additional off-site parking is required for this project. 15. The developer shall install bike racks for patrons and employees on the site. The bicycle racks shall be decorative in design. This condition shall be completed prior to final occupancy/start of business, under the direction of the Planning and Building Divisions. 16. Transformers, backflow preventers, and any other approved above- ground utility improvement shall be located outside of the required street setback area and shall be screened upon view, under direction of Planning staff. Any deviation from this requirement shall be subject to review and approval of the Development Services Director. 17. A land use restriction executed by and between the applicant and the City of Costa Mesa shall be recorded prior to final building inspection to inform future property owners of the restriction that the 9,990 square -foot basement is to be used for product storage and employee use only and cannot be used as customer retail area. Applicant shall submit to the Planning Division a copy of the legal description for the property, and either a lot book report or current title report identifying the current legal property owner so that the document may be prepared. Eng. 18. Maintain the public right-of-way in a "wet -down" condition to prevent excessive dust and promptly remove any spillage from the public right- of-way by sweeping or sprinkling.