HomeMy WebLinkAbout00-24 - Approving Development Review DR-99-22RESOLUTION NO. 00 -a`(-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW DR -99-22.
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 a development review in the C1 zone; and
WHEREAS, Planning staff adopted the Negative Declaration and approved
Development Review DR -99-22 on January 31, 2000; and
WHEREAS, an appeal was filed by Al Morelli, who owns property adjacent to
the project site; and
WHEREAS, Development Review DR -99-22 was appealed to the Planning
Commission by Council Member Dixon; and
WHEREAS, the Planning Commission unanimously upheld the staff approval
decision at a duly noticed public hearing held 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
Development Review DR -99-22 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
described in the staff report for Development Review DR -99-22, 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 Ci Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
"7 LC��
Mayor of the City of Costa Mesa
APPROVED A
TP FORM
C—Wet TTORNEY
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. 00- a5E 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 4' day of April, 2000.
Deputy Ci Clerk and ex -officio Clerk of
the City CdttAcil of the City of Costa Mesa
EXHIBIT "A"
FINDINGS
A. Approval of the development review will allow a use, density, and intensity
which is in accordance with the General Plan designation for the property.
Specifically, the General Plan designation for the subject property is General
Commercial, which allows the commercial uses proposed for the project.
Additionally, the building area of the proposed development will not exceed
the General Plan's Floor Area Ratio (FAR) or traffic generation characteristics
for commercial uses.
The information presented substantially complies with Section 13-29(e) of the
Costa Mesa Municipal Code in that:
1. There is a compatible and harmonious relationship between the
proposed building and site development, and uses that exist in the
general neighborhood. Specifically, the project site is immediately
abutting residential homes to the north, and residential homes to the
east are separated by a public street. Taking these factors into
consideration, the project has been designed with a number of
features to minimize the impacts to residences, including sound
attenuation walls, landscape buffers, and operational conditions for
delivery vehicles.
2. Safety and compatibility will be created through the design of the
buildings, parking areas, landscaping, luminaries, and other site
features such as automobile and pedestrian circulation.
3. The project complies with the performance standards prescribed in
the Zoning Code.
4. The project is consistent with the City's General Plan.
5. The application is for a project -specific case and is not to be
construed to be setting a precedent for future development.
6. The cumulative effect of all of the applications have been
considered.
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 ail
affected intersections by the payment of fees to finance construction of
circulation system improvements.
E. The proposed buildings are an excessive distance from the street necessitating
fire apparatus access and provisions of on-site fire hydrants.
ADPL. UK -ye -"LL
EXHIBIT "B"
CONDITIONS OF APPROVAL — DR -99-22
Ping. 1.
Address assignment shall be requested from the Planning Division
prior to submittal of working drawings for plan check. The approved
address of individual units, suites,; buildings, etc., shall be
blueprinted on the site plan and on ail floor plans in the working
drawings.
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 and landscape berming, existing
grades at property lines shall be maintained. There shall not be
more than a four foot grade difference between the finished grade
of the Target site and the adjacent, residential properties to the
north.
4.
Turn -around areas shall be striped and marked for no parking.
5. *
Demolition permits for existing structures shall be obtained and all
work and inspections completed prior• to initiation of construction
structures. Applicant is advised that written notice to the Air
Quality Management District (AQMD) may be required ten days prior
to demolition.
6.
The conditions of approval for DR -99=22 shall be blueprinted on the
face of the site plan as part of the plan check submittal package.
7.
The developer shall contact the Planning Division to arrange for a
"special requirements" inspection of the site prior to the release of
utilities. This inspection is to confirm that the conditions of
approval and code requirements have been satisfied.
8.
The garden center shall be processed as a minor conditional use
permit independent of this application'. Development Review DR -99-
22 shall not become effective until the minor conditional use permit
for the garden center is approved and all appeal periods have lapsed.
9. Changes to the size, location, or configuration of the major tenant
and/or pad buildings shall require filing and approval of a new
_ dev_elo_pment review application and shall be reviewed by the
Planning Commission.
10. Prior to the issuance of permits, the developer shall verify that there
are no easements (i.e., water, sewer, or utility) or other
encumbrances which affect or restrict the location of the buildings
or other improvements as shown on the proposed plans.
11. Exterior elevations for all buildings within this development,
including the pad buildings, shall be submitted for pre -plan check
review and approval by the Planning Division. Once the exterior
elevations have been reviewed and approved by the Planning
Division, the exterior elevations shall be incorporated into the plan
check drawings.
12. No exterior roof access ladders, staircases, roof drain scuppers, or
roof drain downspouts shall be permitted.
13. All rooftop mechanical equipment (excluding ducts) shall be located
towards the westerly (front) portion of the roof, away from College
Avenue, and a minimum of 50 feet from the northerly (residential
side) roof parapet.
14. The applicant shall increase the parapet wall height on the east
(College Avenue) elevation to a minimum of 26 feet in height to
screen roof mounted mechanical equipment.
15. Show method of screening for all ground -mounted mechanical
equipment (backflow prevention devices, Fire Department
connections, electrical transformers, etc.). Ground' -mounted
mechanical equipment shall not be located in any landscaped
setback visible from the street.
16.* Masonry walls which satisfy the noise mitigation criteria described
in the noise study prepared by Mestre Greve Associates, shall be
constructed along the northerly (adjacent to residential) and easterly
(along College Avenue) portions of the site as indicated on the
conceptual plans. No gaps or openings in the walls shall be
permitted. All gaps shall be sealed. The masonry wall to be
constructed on the northerly property line (adjacent to residential),
shall be completely constructed prior to the pouring of foundations
for the Target building. The City may require installation of
additional sound absorption materials with a surface weight of 3.5
pounds per square foot if necessary to reduce sound vibration or
reverberation.
17. The northerly wall shall be continued to the College Avenue right-of-
way as it presently exists.
18. The footing for the northerly retaining wall shall be located on the
Target property side, not the residential property side.
19. Permanent masonry walls shall be constructed along the interior
property lines prior to the commencement of grading and/or building
construction unless otherwise approved by the Building Official.
The wall(s) shall have a finished quality on both sides. Where walls
on adjacent properties already exist, the applicant shall work with
the adjacent property owners to prevent side-by-side walls with
gaps in between them.
20. The applicant shall repair and/or replace all damaged landscaping,
side walls, irrigation systems, etc., to the northerly residential
properties as a result of the construction of the new wall.
21. Non-deciduous canopy trees a minimum of 36-inch box in size, shall
be planted along the northerly property line (adjacent to residential)
in sufficient number as to buffer and screen the development from
the adjacent residential properties. Tree species and number shall
be reviewed by the Planning Division and indicated on the landscape
plans submitted to the Planning Division for plan check.
22. Landscaping along College Avenue shall be bermed up to the
building wall and perimeter wall a minimum of 30 inches as
measured from sidewalk grade (except for the landscaping next to
the emergency access gate).
23. The landscaping adjacent to the emergency access gate on College
Avenue shall be grass planted within concrete blocks (i.e.,
"grasscrete" or "turf block") to allow emergency vehicles to access
this gate. Detailed specifications for the installation of the concrete
blocks shall be approved by the Planning Division and the Fire
Department.
24. Enlarged landscape planters incorporating shrubs and tall accent
trees shall be provided along the front of the Target building to
soften the building mass. Tree size, species, and number shall be
reviewed .by the Planning Division and indicated on the landscape
plans submitted to the Planning Division for plan check.
25. Plant variety shall be approved by the Planning Division and
indicated on the landscape plans submitted to the Planning Division
for plan check.
26. Landscaping within the street setback areas along Harbor Boulevard,
Baker Street, and College Avenue, shall be installed and irrigated in
conjunction with construction of the Target Store. Building areas
and pads proposed to be constructed at a later date (six months or
longer) shall be planted with turf and irrigated.
27. Cornices and other architectural elements shall be wrapped around
to the side and rear of the facade.
28. Wall-mounted lighting shall not be permitted along College Avenue
unless required by Uniform Building Code and/or governing agencies.
Lighting along College Avenue shall be limited to only ground
lighting.
29. * No outdoor storage (with the exception of the Garden Center),
loading, and unloading activities shall be permitted. 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.
30. * Parking lot or landscape maintenance involving motorized sweepers,
leaf blowers, mowers, hedge trimmers, etc., shall occur between
8:00 a.m. to 5:00 p.m. on non -holiday weekdays only.
31.* Loudspeakers, public address and/,or ;-_:ging systems, and two-way
radios shall be prohibited outside any building, except for the drive-
thru fast food restaurant (Pad #3).
32. * No door bell or audible alert at any doors shall be permitted along
the north side of the Target building.
33.* The main loading/unloading area (along College Avenue) shall be
screened with masonry walls which satisfy the noise mitigation
criteria described in the noise, study prepared by Mestre Greve
Associates. Loading docks shall be installed with dock seals.
34. * Hours of operation for arrival and departure of delivery vehicles,
deliveries, movement of products into the building, etc., for all
stores shall not occur before 7:00 a.m. or after 6:00 p.m., Monday
through Saturday, nor before 9:00 a.m. or after 4:00 p.m., Sunday
and holidays.
35.* Loading areas shall be posted with signs stating that the use of
horns or yelling at the loading docks is not permitted.
36. * 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.
37. * Truck delivery routes shall be posted with signs to control speed of
vehicles.
38. * Speed bumps and speed humps shall be prohibited anywhere on-site
(including truck access areas).
39. * Trash pick-up at any store shall not occur before 7:00 a.m. on
weekdays or 8:00 a.m. on weekends, nor after 5:00 p.m. on any
day.
40. On-site, 24-hour uniformed security personnel, licensed pursuant to
Business and Professions Code Section 7580, et. seq., shall be
responsible for ensuring against loitering and suspicious activities
during all phases of construction.
41. If determined necessary by the Development Services Director,
based on receipt of complaints of non-compliance with delivery
store hour limitations, 24-hour security personnel shall be utilized to
ensure compliance with the delivery hours.
42. * The parking area immediately adjacent to the Harbor Boulevard
frontage shall be designated as Target employee' parking. Target
store owners and/or managers shall require their employees to park
in this area. Shopping center employee parking along the northerly
parking row (adjacent to residential) shall not be permitted.
43. * All operational conditions and restrictions shall be complied with by
all applicable businesses within this. center, regardless of operating
hours, 24 hours a day, seven days a week.
44. * A Land Use Restriction (LUR) executed by and between the
45. *
46. *
47. *
EM
49. *
50.
51.*
P.D. 52.
Eng. 53.*
Trans. 54.
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applicant and the City of Costa Mesa shall be recorded prior to the
issuance of building permits. 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
owners(s) so that the document may. be prepared. The LUR shall
ensure that existing and future owners and tenants are aware of
restrictions on this project and the need to comply with the
operational characteristics specified herein. The LUR may
automatically terminate upon recordation of CC&R's containing the
same provisions, provided such provisions in the CC&R's may not
be altered without the approval of the City of Costa Mesa.
The construction superintendents) shall meet with City staff to
review the operational conditions and restrictions in this
development review, as it relates to site demolition and
construction, prior to the commencement of work.
Location for any on-site crushing of concrete and/or asphalt shall be
located as far from residentially -zoned properties as possible and
shall be approved by the Planning Division and the Building Official.
During construction, the stock piling, loading, and unloading of
construction materials such as, but not limited to, steel girders,
loading/unloading trucks, moving equipment (such as mobile
cranes), shall be located as far from residentially -zoned properties as
possible and shall be approved by the Planning Division and the
Building Official.
During construction, truck routes (on- and off-site) shall be steered
away from residential areas.
Target store manager(s) shall meet with Planning Division and Code
Enforcement staffs to review the store operation conditions and
restrictions in this development review, (i.e., loading dock hours,
employee parking, etc.) prior to the store opening. New manager(s)
shall be notified of the store operation conditions and restrictions in
this development approval upon change of management.
Complaints regarding noise related to the violation of any of the
above operating conditions and restrictions shall be immediately
remedied by the applicant.
If any unknown archaeological objects are encountered during
construction, the contractor shall stop work immediately and notify
the archaeologist.
The attached list of security recommendations is provided by the
Police Department for the applicant's consideration.
Maintain the public right-of-way in' a "wash -down" condition to
prevent excessive dust and promptly remove any spillage from the
public right-of-way by sweeping or sprinkling.
The "Exit Only" driveway on College Avenue shall be relocated to
align with the on-site drive aisle south of the Major (51,000) square
AVVL. urs -y J -1"L
foot building.
55. Install a height restriction bar across the "Exit Only" drive on -College
Avenue to limit vehicles over 8.5 feet in height.
56. The emergency access gate along College Avenue shall be the same
height as the adjacent sound attenuation walls and shall be made of
a solid material such as metal or any other material sufficient to
provide for the buffering of sound. If complaints are received, the
Planning Division may require installation of additional sound
absorption materials to reduce sound vibration or reverberation.
57. Hours of Operation for the Target Store shall be limited to between
the hours of 8:00 a.m. to 10:00 p.m., seven days a week.
58. The sound attenuation wall to be constructed on College Avenue
shall be extended to the corner of Baker Street, working within the
provisions of the Public Services Department and Planning Division
to ensure visibility safety at that corner.
59. Applicant shall provide vines on the wall along College Avenue to
discourage graffiti.
60. The developer of phase 2 shall commit $30,000 towards a fountain
or artwork, to be reviewed and approved by staff.
61. Forklifts shall not be permitted outside any of the buildings on the
premises.
*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 developer'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. Mechanical equipment, transformers, etc., shall not be located in any
landscaped setbacks visible from the street.
3. Approval of the development review is valid for one (1) year and will
expire at the end of that period unless building permits are obtained
and construction commences, or the developer 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