Loading...
HomeMy WebLinkAbout00-23 - Approving Minor CUP ZA-99-47RESOLUTION NO. 00 - a-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT ZA-99-47. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Jim Theusch, authorized agent for Dayton Hudson Corporation, with respect to real property located at 3030 Harbor Boulevard, requesting approval of an outdoor garden center in conjunction with the construction of the Target Store in the C1 zone; and WHEREAS, duly noticed public hearings were held by the Planning Commission on February 28, 2000, and March 13, 2000; and WHEREAS, the Planning Commission unanimously approved Minor Conditional Use Permit ZA-99-47 on March 13,2000; and WHEREAS, an appeal of the Planning Commission's approval was filed by Al Morelli on March 20, 2000; and WHEREAS, a duly noticed public hearing was held by the City Council on April 3, 2000; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit "A", and subject to conditions contained in Exhibit "B", the City Council hereby adopts the Negative Declaration and approves Minor Conditional Use Permit ZA-99-47with 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 described in the staff report for Minor Conditional Use Permit ZA-99-47, 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 3`d day of April, 2000. ATTEST: Deputy Cit lerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) (. tu� 1 (0 Mayor of thq City of Costa Mesa APPR VEU AS TO FORM CiT TTORIVEY 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. 60 - a3 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 3'd day of April, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 4t' day of April, 2000. Deputy City Jerk and ex -officio Clerk of the City CourYcil of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. ZA-99-47 A. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(2) . in that' the proposed garden center is substantially compatible with developments in the same general area. Specificafiy, the garden center has been designed to be similar in appearance to the main building and other buildings within the proposed development. 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 garden center will be located approximately 60 feet from residentially -zoned 'properties. The northerly fifteen feet of this area (adjacent to the residential property line) and the southerly ten feet (adjacent to the garden center wall) will be landscaped. A ten foot high screen wall is provided along the north side of the garden center. The recommended conditions of approval will ensure that the garden center 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. 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 and a mitigation monitoring program consisting of all conditions of approval is required to be prepared by the applicant. C. 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. D. 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 at all affected intersections by the payment of fees to finance construction of circulation system improvements. EXHIBIT "B" CONDITIONS OF APPROVAL hrrL. crr-ay-�+� 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 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. Conditions, code requirements, and special district requirements for this minor conditional use permit shall be in addition to the conditions, code requirements, and special district requirements for Development Review No. DR -99-22. 3. Storage shall not be visible above the garden center screen wall. 4. The garden center screen wall shall consist of decorative block and/or dense mesh screening, subject to the approval of the Planning Division. 5. Cornices shall be incorporated into the roof element of the garden center and wrapped around to the side and rear of the facade. 6. * All delivery doors shall be completely closed when not in use for loading and unloading activities. Exit doors facing residential properties shall remain closed at all times except in the event of an emergency. 7. * Loudspeakers, public address and/or paging systems, and two- way radios are prohibited. 8. * No door bell or audible alert at any doors shall be permitted in the garden center. 9. * Hours of operation for loading and unloading of trucks, deliveries, etc., for the garden center shall not 'occur before 8:00 a.m. or after 3:00 p.m. Monday through Saturday. No deliveries to the garden center shall be permitted on Sundays or holidays. Loading areas shall be posted with signs stating these limitations. 10. * Delivery trucks to the garden center shall be limited to small single -unit, panel trucks. 11. The garden center operation 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. 12. Changes to the size, location, or configuration of the garden center which has the effect of increasing or intensifying. the development may require filing and approval of a new minor conditional use permit. 13.* Parking lot or landscape maintenance involving motorized sweepers, leaf blowers, mowers, hedge trimmers, etc., shall be limited to the hours between 8:00 a.m. and 5:00 p.m. on non - holiday weekdays only. Such activities shall not occur on Saturdays, Sundays, or holidays. 14.* Loading areas shall be posted with signs stating that the use of horns or other audible warning devices, or yelling at the loading dock is not permitted. 15.* All delivery trucks shall be required to turn engines and refrigeration units off, while trucks are waiting, loading, or unloading on-site. Signs shall be posted informing delivery trucks to turn off truck engines and refrigeration units when not in motion. 16.* Truck delivery routes shall be posted with signs to control speed of vehicles. 17.* Target store manager(s) shall meet with Planning Division staff to review the store operation conditions and restrictions (i.e., loading dock hours, employee parking, etc.) prior to store opening. New manager(s) shall be notified of the garden center operation conditions and restrictions in this minor conditional use permit upon change of management. 18.* Complaints regarding noise related to the violation of any of the above operating conditions and restrictions shall be immediately remedied by the applicant. 19. Forklifts shall not be permitted in or outside the garden center. 20. No customer pick-up shall be permitted in the garden center loading area. 21. Garden Center shall be designed in accordance with the modified plan presented at the Planning Commission meeting of March 13, 2000. 22. There shall be no direct store access from the Garden Center loading area. *These mitigation measures of the negative declaration prepared for the project have been included as conditions of approval. Deletion of any of these conditions of approval/mitigation measures require a finding by the decision-making body that no significant environmental impacts will be created and 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. 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. Bldg. 2. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations".