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HomeMy WebLinkAbout00-77 - Approving Planning Application PA-00-39RESOLUTION N0. 00 -? `7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -00-39. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by the City of Costa Mesa with respect to real property located at 523 Hamilton Street, requesting approval of a conditional use permit for a 10,000 -square -foot public skateboard park facility, a 3,000 -square -foot skating area for novice skaters, a restroom with limited storage space, a telephone, a drinking fountain, an entry plaza with shade structure, tables, benches, walkways, and landscape improvements with an automated irrigation system, with a minor . modification to allow a 4 -foot encroachment into the required 20 -foot front yard setback for a portion of the proposed shade structure; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 25, 2000, at which time the Planning Commission recommended approval of Planning Application PA -00-39; and WHEREAS, a duly noticed public hearing was held by the City Council on October 16, 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 approves Planning Application PA -00-39 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 -00-39, and upon applicant's compliance with each and all conditions contained in Exhibit "B". 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 16th day of October, 2000. ATTEST: Deputy C t Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Mayor of th City of Costa Mesa APPROVED AS TO FORM J CITY A NAY 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. CZ -177 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 16th day of October, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of October, 2000. T. Deputy City Jerk and ex -officio Clerk of the City Cou it of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section 13- 29(e) because: • The proposed development and use is compatible and harmonious with uses on surrounding properties. • Safety and compatibility of the design of the buildings, landscaping, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. • The project is consistent with the General Plan. • The planning application is for a project -specific case and does not establish a precedent for future development. • The cumulative effects of all past and present planning applications have been considered for both the subject property and surrounding properties. B. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(2) in that the proposed, use is substantially compatible with developments in the same general areae. 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, most skaters are below driving age and would get to the facility by walking, skating, bicycling, by bus, or be dropped off. The proposed use will not generate the amount of parking or vehicle trips a retail building would generate if constructed on the subject site. The maximum daytime residential exterior noise standard established by the City of Costa Mesa noise ordinance would not be exceeded by the proposed use. 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. C. The information presented substantially complies with section 13-29(g)(6) of the Costa Mesa Municipal Code in that the minor modification for the front yard setback will not be materially detrimental to the health, safety, and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood. D. An initial study was prepared, pursuant to the California Environmental Quality Act. According to the initial study and negative declaration, which reflect the independent judgment of the City of Costa Mesa, the proposed project could, not have a significant effect on the environment. E. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. APPL. PA -00-39 EXHIBIT "B" CONDITIONS OF APPROVAL — PA -00-39 Ping. 1. Street addresses shall be displayed on the freestanding sign, or, if there is no freestanding sign, on the on or adjacent to the main entrance of the building in a manner visible to the public street. Street address numerals shall be a minimum 12 inches in height with not less than %-inch stroke and shall contrast sharply with the background. 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. The conditions of approval and ordinance or code provisions of Planning Application PA -00-39 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/utilities. This inspection is to confirm that the conditions of approval and code, requirements have been satisfied. 5. All backflow prevention devices, transformers, and other utility equipment shall be placed behind the landscaped front setback and shall be screened from view in a manner approved by the Planning Division. 6. * The skateboard park's hours shall be restricted to daylight hours. Additional restrictions on daylight operating hours may be required if noise complaints are received. 7. * Construction vehicles, except passenger cars, shall access the .. site via Harbor Boulevard, to Hamilton Street, to Charle Street. 8. * During construction, the stock piling, loading, and unloading of construction materials, loading/unloading trucks, moving equipment (such as mobile cranes), shall be located as far from f11 1 V. 1 P' WW-V..I residentially -zoned properties as possible and shall be approved by the Planning Division and the Building Official. The stocking of construction materials can create high noise levels. This is not intended to apply to temporary piles of the materials that will be used up in a short period of time (i.e., less than two weeks). Stock piling area for this project may not be necessary, however if necessary, the stock piling area should be located as far as possible from the existing homes. 9. * If any archaeological objects are encountered during construction, the contractor shall stop work immediately and notify the City. ` Bldg. 10. The site shall be enclosed with a fence or similar barrier consistent with Uniform Building Code requirement for fencing around swimming pools (UBC Section 509). Eng. 11. 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. Trans. 12.* Two warning signs on Hamilton Street (W54A) shall be provided, in each direction, alerting motorists of potential pedestrian crossings on Hamilton Street. 13. * A cross -walk on Charle Street, which is controlled by a stop sign, shall be provided. . PD 14. A list of security recommendations has been provided by the :Police Department for 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. 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, final occupancy and final releases 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 the period unless building permits are obtained and construction commences, or an extension of time is applied for and granted. 3. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 4. All on-site utility services shall be installed underground. HrrL. rH-uu-.sy 5. 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 vault, wall cabinet, or wall box under the direction of the Planning Division. 6. Five (5) 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 two (2) 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. 7. 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. 8. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-103 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. 9. Landscaping and irrigation shall be ,installed in accordance with the approved plans prior to final inspection or occupancy clearance. 10. In compliance with the City's mitigation monitoring program, a compliance report shall be submitted to the Planning .Division along with plans for plan check, that lists each mitigation measure and states when and how the mitigation measures are to be met. 11.** Construction, grading, materials delivery, equipment operation or other noise -generating activity shall be limited to between the hours of 8 a.m. and 5 p.m., Monday through Saturday. No work shall be permitted on 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 interior work. Bldg. 12. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". 13.** Prior to or concurrent with submittal of plans for building plan check, 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. 14. * * The contractor shall comply with the SCAQMD's regulations during construction, including the following: a. Moisten soil prior to grading. b. Water exposed surfaces at least twice a day under calm conditions and as often as needed .on windy days when winds are less than 25 miles per hour or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. C. Treat any area that will be exposed for extended periods with a soil conditioner to stabilize soil or temporarily plant with vegetation. d. Wash mud -covered tires and under -carriages of trucks before leaving construction site. e. Provide for street sweeping, as needed, on adjacent - roadways to remove dirt dropped by construction vehicles or mud which would otherwise be carried off by trucks departing project sites. f. Cease grading during periods when winds exceed 25 miles per hour. g. Provide for permanent sealing of all graded areas, as applicable, at the earliest practicable time after soil disturbance. h. 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 and sprinkling. The contractor shall: a. Maintain construction equipment in peak operating condition so as to reduce operation emissions. b. Use low -sulfur diesel fuel in all equipment. C. Use electric equipment whenever practicable. d. Shut off engines when not in use. Eng. 15. 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 of architect. Construction access approval must be obtained prior to building or engineering permits being issued by the City of Costa Mesa. An approved off-site plan and fee shall be required prior to engineering/utility permits being issued by the City. 16. A construction access permit will be required by the APDL. NA-Uu-:Jy Engineering Division prior to the start of any on- or off-site work. 17. Haul routes must be approved by the Engineering Division, prior to approval of the construction access permit. 18. 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 City Engineer. 19. Obtain a permit from the Engineering Division, at the time of development, and then construct P.C.C. commercial sidewalk per City of Costa Mesa standards as shown on the off-site plan, including four (4) feet clear around obstructions in the sidewalk. 20. 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 height curb and sidewalk. All new full height curb on Hamilton Street shall be painted red. 21. Obtain a permit from the Engineering Division, at the time of development and then construct wheelchair ramp on the corner of Hamilton Street and garle Street. 22. Dedicate a diagonal corner cut-off at the corner of Hamilton Street and Charle Street per City of Costa Mesa Standard Drawing No. 214. 23. Submit legal description for the new area of dedication, plat of new dedication area, both prepared by a civil engineer, and title report update of subject property. 24. Private lateral connections to City storm drains will require a hold harmless agreement prior to issuance of permit. 25. , Obtain a permit from the Engineering Division, at the time of development, and then construct any damaged curb and gutter required to facilitate the placement of PCC sidewalk to City of Costa Mesa standard drawings. 26. Per requirements of real property, City of Costa Mesa Engineering Division, dedicate all land within 30 feet of the centerline of Hamilton Street. * * These code requirements are also included as mitigation measures. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani 1. Developer will be required to construct sewers to serve this project, meeting the approval of the Costa Mesa Sanitary MVrL. rN-UU-3U District. 2. County sanitation district fees, fixture fees, inspection fees, and sewer permit are required prior to installation of sewer. To receive credit for buildings to be demolished, call (714) 754- 5307. 3. Developer shall submit a plan showing sewer improvements to the District Engineer's office — (714) 631-1731. 4. The 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. State 5. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information.