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HomeMy WebLinkAbout00-27 - Approving Portion of Planning Application PA-99-49 (CUP and Variance)RESOLUTION NO. 00-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A PORTION OF PLANNING APPLICATION PA -99-49 (CONDITIONAL USE PERMIT AND VARIANCE). THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Tait and Associates, authorized agent for Tosco Marketing and Circle K, with respect to real property located at 3067 Bristol Street, requesting approval of a conditional use permit to convert four existing service bays to a convenience store, for the concurrent sale of beer and wine with gasoline, and a variance from required landscaped setback requirements in the C1 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 13, 2000; and WHEREAS, on March 13, 2000, the Planning Commission adopted the Negative Declaration and approved the conditional use permit for the convenience store and the variance from landscaped setback requirements, but denied a conditional use permit for the concurrent sale of beer and wine with gasoline; and WHEREAS, Planning Application PA -99-49 was appealed to the City Council by Tait and Associates on March 14, 2000; and WHEREAS, a duly noticed public hearing was held by the City Council on April 17, 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 Planning Application PA -99-49 for the convenience store, the concurrent sale of beer and wine with gasoline, and variance from landscaped setback requirements, and makes a finding of public convenience for the requested alcoholic beverage control license, 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 Planning Application PA -99-49, 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 17th day of April, 2000. ATTEST: i Deputy City rk of the City of Costa Mesa Mayor of Ifie City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE 1 ss CITY OF COSTA MESA 1 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. 00-27 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 17"' day of April, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 18' day of April, 2000. Deputy C* Clerk and ex -officio Clerk of the City C ncil of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that the proposed convenience store 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 use is retail in nature and is a minimum of 175 feet away from the closest residences and is further separated by a two-story commercial building. 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. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that granting the conditional use permit for the proposed sales of alcoholic beverages will not be detrimental to the health, safety and general welfare of the public or .other properties or improvements within the immediate vicinity. Specifically, conditions of approval limit the alcoholic beverage control license to a premises -to -premises transfer from another location within the same census tract. Thus, approval of the conditional use permit will not result in an increase in the number of alcoholic beverage licenses in the area. C. Public convenience will be served by approval of concurrent sales of alcoholic beverages at this location, and the existing overconcentration of alcoholic beverage control licenses within the census tract will not be exacerbated, due to conditions of approval, and there will be a decrease in the number of alcoholic beverage control licenses in the city due to surrender of the license at Sunflower Avenue and Fairview Road. D. The information presented substantially complies with Section 13-29(g)(1) of the Costa Mesa Municipal Code in that special circumstances applicable to the property exist to justify granting of the variance from landscape setback requirements. Strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. Specifically, because the property is at a corner, the City has required the removal of one of the two driveways along Paularino Avenue. :The landscape setback along Paularino Avenue needs to be reduced to provide adequate on-site maneuvering room. The resulting reconfiguration of the landscaping will provide a greater amount of landscaped area along the Paularino Avenue frontage and will improve on- and off-site traffic circulation. Granting the variance will not allow a use, density, or intensity which is not in accordance with the general plan designation for the property. E. 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. F. 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. G. 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 by the payment of traffic impact fees. EXHIBIT "B" (Sales of alcoholic beverages permitted) CONDITIONS OF APPROVAL Ping. 1. The 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 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. All new construction shall be architecturally compatible with regard to building materials, style, colors, etc. with the existing structure. Plans submitted for plan check shall indicate how this will be accomplished. 3. The conditions of approval and ordinance or code provisions of planning application PA -99-49 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. Applicant shall post signs inside and outside the premises prohibiting the on-site consumption of alcoholic beverages and loitering. 6. Applicant shall post signs inside and outside the premises in compliance with the City of Costa Mesa Municipal Code notifying the public with regard to the prohibition of open containers of alcohol beverages. 7. Every 2 hours, from 4:00 p.m. to closing, the applicant shall patrol the area over which the applicant has control in an effort to prevent the loitering of persons about the premises. The applicant shall make reasonable efforts to prevent loitering. during other hours the business is open. 8. Applicant shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which applicant has control, to prevent trash, graffiti and littering. Any lighting under the control of applicant shall be directed in such a manner so as not to unreasonably interfere with the quiet enjoyment of nearby residences. Applicant shall further provide adequate lighting above the entrance to the premises sufficient in 9. 10. 11. 12. 13. 14. 15. 16. 17. it -3 19. 20. Police 21. Eng. 22. Trans. 23. intensity to make visible the identity and actions of all persons entering and leaving the premises. Exterior public telephones shall be equipped to prohibit incoming calls. Except as permitted by the City of Costa Mesa Municipal Code for temporary window signs, windows shall not be blocked or obscured. The applicant shall maintain free of litter all areas of the premises under which applicant has control. Any graffiti painted or marked upon the premises shall be removed or painted over within 48 hours of being applied. Prior to alcohol sales at this location, the applicant shall purchase and transfer an existing Alcoholic Beverage Control license from a location within the City limits of Costa Mesa. Alcoholic beverage sales shall be limited to only beer and wine. No wine shall be sold with an alcoholic content of greater than 15% by volume except for "dinner wines" which have been aged 2 years or more and maintained in corked bottles. Wine shall not be sold in bottles or containers smaller than 750 milliliters. No sale of beer in single cans or bottles (any size) shall be permitted. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of 2 or more gallons, which are clearly designed to dispense multiple servings. Beer, malt beverages, wine coolers or pre -mixed distilled spirit cocktails (if allowed by the license) packed in 16 -ounce containers or smaller, may not be sold as single containers, but must be sold in manufacturer pre-packaged multi -unit quantities. Beer or wine shall not be displayed or sold from an ice tub or any other type of portable refrigerated unit. Exterior advertising shall comply with the City's sign regulations, and exterior advertisements shall be prohibited which indicate the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible from the exterior at the closest public street or sidewalk, shall constitute a violation of this condition. A list of security, recommendations has been provided by the Police Department for the applicant's consideration. r 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. Close the easterly drive approach on Paularino Avenue with full height curb and gutter per City standard and construct raised curb planter on-site in the setback area. 24. Reconstruct the westerly drive approach on Paularino to a 35 to 50 foot maximum width with commercial wide flare and modify raised curb planters to suit. 25. The site operator and employees will be required to attend, participate, and successfully complete training program which will include and is not limited to training segments on safety, accident prevention, robbery deterrence, personal safety responsible tobacco retailing, loitering deterrence, effective alcohol management, facility maintenance and litter control. All facility personnel will be required to participate in quarterly reviews. 26. No sale of beer and wine shall be made from a drive-in window. 27. A sign shall be posted in the window to identify that the cash register contains $50.00.or less in cash and the drop safe is not accessible to the employee. 28. The public restroom shall be available for public use while the food mart is open for business. 29. The food mart shall be equipped with a security camera that is capable of receiving an image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras will be maintained in proper working order at all times. 30. All improvements on the property shall be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 31. Signs and curb painting shall be utilized on-site to encourage parking in designated parking areas. 32. During business hours, police department personnel shall be given full access to the store's office and communication facilities for the purpose of conducting police business. 33. Applicant shall surrender the alcoholic beverage control license for the Circle K at Sunflower Avenue and Fairview Road. , Approval of an alcoholic beverage control license for this use shall be limited to a premises -to -premises transfer from another location within the same census tract. 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 and final occupancy 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 construction 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 work shall be conducted under -roof. Outdoor work or display is prohibited. 5. Development shall comply with all requirements of Section 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. Installation of all new 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. 8. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 9. 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. 10. 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. 11. 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. 12. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 13 Issuance of building permits will be held until a clearance report is issued by the Orange County Environmental Health Care Agency (Arghavan Rashidi-Fard 667-3713) and is submitted to planning staff. 14. 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. Trans. 15. * Fulfill mitigation of off-site traffic impacts at the time of issuance 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 including credits for all existing uses. At the current rate per trip end, the traffic impact fee is estimated at $17,545.00. Eng. 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, 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 offsite plan check fee to the Engineering Division. An approved. offsite 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 offsite street improvements at time of permit per Costa Mesa Municipal Code Section 1;5-32, and as approved by City engineer. Cash deposit or surety bond amount to be determined by the City engineer. (This condition is not necessary if Planning Commission does not require the closure of the easterly drive approach on Paularino Avenue.) 20. 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 required by Transportation Services .Division and as shown on the offsite plan. Location and dimensions are subject to the approval of the Transportation Services Manager. A.D.A. compliance is required for all driveway approaches. (This condition is not necessary if Planning Commission does not require the closure of the easterly drive approach on Paularino Avenue.) 21. Obtain a permit from the Engineering Division, at the time of development and then remove any existing driveways and/or curb depressions that are required to be removed by the Transportation Services Division and replace with full height curb and sidewalk at applicant's expense. (This condition is not necessary if Planning Commission does not require the closure of the easterly drive approach on Paularino Avenue.) Pks./ 22. All existing landscaping within the right-of-way to remain. Pkwy. Bldg. 23. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". This code requirement has also been included as a mitigation measure. SPECIAL DISTRICT REQUIREMENTS The requirement of the following special districts is hereby forwarded to the applicant: Sani. 1. Applicant shall pay all applicable sanitary district fixture fee charges (714) 754-5307.