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HomeMy WebLinkAbout19-61 - Approval of PA-19-05 (Formerly the Hub)RESOLUTION NO. 19-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION 19-05, FOR A RESTAURANT EXPANSION WITH LIVE ENTERTAINMENT AT 1749 AND 1763 NEWPORT BOULEVARD THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Garrett Green, representing Joseph Martelli, the property owner, requesting approval of the following: Planning Application 19-05 consists of the following: 1. Conditional Use Permit to allow the sale and service of alcoholic beverages for on - site consumption after 11 PM and the provision of live entertainment within 200 feet of a residential zone, in association with a restaurant. The requested hours of operation were 7 AM to 2 AM seven days per week (hours of operation approved by the Planning Commission were 7 AM to 11 PM, Sunday through Wednesday; and 7 AM until 2 AM, Thursday, Friday, Saturday, and New Year's Eve). The request also included a proposal to increase the size of the existing 2,015-square- foot restaurant (formerly The Hub Restaurant) by expanding into the adjacent 1,200-square-foot retail tenant space (3,215 square feet total restaurant space is proposed). In addition, the proposal included the expansion of the existing 1,309- square-foot outdoor dining patio by 128 square feet (1,437 square feet total outdoor dining patio area is proposed); 2. Minor Conditional Use Permit to allow the expanded dining patio within the required front landscape setback; 3. Variance from front setback requirements (20 feet required; 0 feet proposed) to allow construction of a structure (cover for the dining patio) within the front setback; and 4. Variance from on -site parking requirements (27 on -site parking spaces required; 14 on -site parking spaces proposed). WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15303 for New Construction or Conversion of Small Structures. Resolution No. 19-61 Page 1 of 16 WHEREAS, the CEQA determination for this project reflects the independent judgment of the City of Costa Mesa. WHEREAS, a duly noticed public hearing was held by the Planning Commission on July 22, 2019 with all persons having the opportunity to speak for and against the proposal. WHEREAS, a request for review of the Planning Commission's decision for the project was filed on July 29, 2019 by Councilmember Sandy Genis. WHEREAS, a duly noticed public hearing was held by the City Council on September 3, 2019, with all persons having the opportunity to speak for and against the proposal. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained within Exhibit B, the City Council hereby APPROVES Planning Application 19-05 with the exception of the Applicant's request to modify their hours of operation. The hours of operation shall be as stated in Condition of Approval No. 4. 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 Planning Application 19-05 and upon the applicant's compliance with each and all of the conditions in Exhibit B, and 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. BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this V day of September, 2019. Resolution No. 19-61 Page 2 of 16 ATTEST: 00� - Brenda Green, ity Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 19-61 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 September, 2019, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: CHAVEZ, GENIS, REYNOLDS, MANSOOR, MARR, STEPHENS, FOLEY 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 4th day of September, 2019. "&A(hU(kAK-" Brenda Green, dty Clerk Resolution No. 19-61 Page 3 of 16 EXHIBIT A FINDINGS (APPROVAL) A. The proposed project complies with Title 13, Section 13-29(g)(2), Conditional Use Permit and Minor Conditional Use Permit, of the Municipal Code due to the following: Finding: The proposed use, as conditioned, is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. Facts in Support of Findings: The proposed restaurant use and expanded patio is within an existing commercial development consistent with the C2 zoning of the property and the other commercially -zoned properties in the vicinity. Conditions of approval have been required to limit potential disruptions to the residential uses located across the public alley behind the subject property. Compliance and conditions of approval will ensure that the project is substantially compatible and is not materially detrimental to properties within the area. Finding: The proposed use and improvements 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. Facts in Support of Findings: The proposed restaurant use and expanded patio, as conditioned, would not generate adverse noise or traffic impacts that are unusual for commercially -zoned properties. Compliance with the applicable Building and Fire Safety Codes would ensure the project is not materially detrimental to the health, safety and general welfare of the public. Furthermore, conditions of approval require the operation to be conducted in a manner that would allow for the quiet enjoyment of the surrounding neighborhood. Finding: The proposed use, as conditioned, is consistent with the intent of the zoning code and General Plan land use designation for the property. Facts in Support of Findings: The General Plan land use designation of the property is General Commercial. The General Commercial designation is intended to permit a wide range of commercial uses that sere both local and regional needs. The proposed use is an appropriate use for the General Commercial land use designation. The proposed restaurant use and expanded patio is consistent with General Plan Land Use Policies and Objectives in that the new development would minimize the effects on the character of the surrounding neighborhood and would be compatible with the scale and character of the area. Resolution No. 19-61 Page 4 of 16 Objective LU-1 A: Establish and maintain a balance of land uses throughout the community to preserve the residential character of the City at a level no greater than can be supported by the infrastructure. Consistency: The proposed use, as conditioned, would minimize impacts and therefore preserve the residential character of nearby residential properties. Therefore, the project is consistent with this General Plan objective. Policy LU-1.1: Provide for the development of a mix and balance of housing opportunities, commercial goods and services, and employment opportunities in consideration of the needs of the business and residential segments of the community. Consistency. The proposed use would provide for the development of a mix and balance of commercial goods and services and employment opportunities within the area. Therefore, the project is consistent with this General Plan policy. Objective LU-3A: Establish policies, standards, and procedures to minimize blighting influences, and maintain the integrity of stable neighborhoods. Consistency. The proposed use, as conditioned, would minimize adverse impacts to adjacent residential areas. Therefore, the project is consistent with this General Plan objective. Policy LU-3.1: Protect existing stabilized residential neighborhoods, including mobile home parks (and manufactured housing parks), from the encroachment of incompatible or potentially disruptive land uses and/or activities. Consistency. The proposed use is appropriately conditioned to minimize the encroachment of incompatible or potentially disruptive land uses and/or activities. Therefore, the project is consistent with this General Plan policy. Objective LU-6A: Ensure the long-term productivity and viability of the community's economic base. Consistency. The proposed use will extend the economic viability of the subject property and is therefore consistent with this General Plan objective. Policy LU-6.2: Continue to promote and support the vitality of commercial uses to meet the needs of local residents and that support regional - serving commercial centers. Resolution No. 19-61 Page 5 of 16 Consistency: The proposed use, as conditioned, would continue to promote and support the vitality of commercial uses to meet the needs of local residents and support regional -serving commercial centers. Therefore, the project is consistent with this General Plan goal. B. The proposed project complies with Title 13, Section 13-29(g)(1), Variance, of the Municipal Code due to the following: Finding: Because of special circumstances applicable to the property, the strict application of development standards deprives the property of privileges enjoyed by others in the vicinity under identical zoning classifications. Facts in Support of Findings (Setback): The unique shape and location of the property along the Newport Beach Boulevard frontage road iustify a deviation from the front landscape setback requirement. Because of special circumstances applicable to the property, the strict application of development standards deprives the property of privileges enjoyed by others in the vicinity. With regard to the setback, the purpose of the 20-foot setback is to provide a visual break between the public sidewalk and any perimeter walls or buildings. In this case, the sidewalk (public right-of-way) in front of the subject property is wide compared to the sidewalk width in front of other businesses on the same block. Additionally, because of the location of the other buildings within the 1700 block of Newport Boulevard in relation to the frontage road, there is no opportunity for any of the existing buildings to provide the code -required setback; therefore, the strict application of the 20-foot setback to the subject property would deprive the property of privileges enjoyed by others in the vicinity. Facts in Support of Findings (Parking): The general availability of public parking spaces within the Newport Beach Boulevard frontage road and adiacent to the Police Department Westside Substation justify a deviation from the on -site parking requirements. Because of special circumstances applicable to the property, the strict application of development standards deprives the property of privileges enjoyed by others in the vicinity. Specifically, 67 public parking spaces, separated by a common driveway connected to Newport Boulevard, are provided in a frontage road that provides vehicle access to the subject property as well as the other businesses within the 1700 block of Newport Boulevard. Additionally, 38 public parking spaces are located in a lot at the northerly end of the 1700 Newport Boulevard block at 565 W. 18th Street, next to the Police Department Westside Substation. The location of these public parking spaces in close proximity to the subject site creates a special circumstance applicable to the property that is unique compared to other commercial areas within the City. Finding: Because of special circumstances applicable to the property, the strict application of development standards deprives the property of privileges enjoyed by others in the vicinity under identical zoning classifications. Resolution No. 19-61 Page 6 of 16 Facts in Support of Findings (Setback): The deviation does not constitute a -grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. As noted earlier, all of the other buildings within the 1700 block of Newport Boulevard are built to the edge of the public sidewalk with no setback; therefore, the variance would not constitute a grant of special privilege inconsistent with other properties in the vicinity. Facts in Support of Findings (Parking): The deviation does not constitute a -grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. The existing buildings along the frontage road have deficient on -site parking which is legal nonconforming, resulting in most employees and customers parking in the public parking areas along the frontage road and adjacent to the substation. Because other businesses in the vicinity are allowed to use the public parking lots, the parking variance will not constitute a grant of special privileges inconsistent with other properties in the vicinity or create a special circumstance. Finding: 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. Facts in Support of Findings (Setback): The deviations will not allow a use, density, or intensity which is not in accordance with the general plan designation for the property. The property is not located in a specific plan area; therefore that finding criteria does not apply. The proposed use as a restaurant is consistent with the commercial General Plan land use designation and zoning. The project, as conditioned, is consistent with the applicable General Plan goals and policies. Facts in Support of Findings (Parking): The deviations will not allow a use, density, or intensity which is not in accordance with the -general plan designation for the property The property is not located in a specific plan area; therefore that finding criteria does not apply. The proposed use as a restaurant is consistent with the commercial General Plan land use designation and zoning. The project, as conditioned, is consistent with the applicable General Plan goals and policies. B. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15303 for New Construction or Conversion of Small Structures. This exemption applies because the project involves conversion of a portion of an existing retail tenant space to restaurant use within an existing commercial building that does not exceed 10,000 square feet on a site zoned C2 (General Commercial). The proposed project does not involve the use of a Resolution No. 19-61 Page 7 of 16 significant amount of hazardous substances. The project site can be serviced by all available public services and facilities and is located in an area that is not environmentally sensitive. C. 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 addressed by the payment of traffic impact fees. Resolution No. 19-61 Page 8 of 16 EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation as described in the staff report. Any change in the operational characteristics including, but not limited to, the approved hours of operation or type of live entertainment, shall require review by the Planning Division and may require an amendment to the Conditional Use Permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(o)]. 2. Live entertainment may only be permitted subject to City issuance of a "Public Entertainment Permit" on an annual basis. If staff determines that a violation of the permit has occurred, the operator and/or business owner shall immediately rectify the violation to avoid suspension or revocation of the Public Entertainment Permit. 3. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. In the event noise complaints are received, the operator and/or business owner shall institute whatever security and operational measures are necessary to comply with this requirement, including, but not limited to, the following at the direction of the Development Services Director or designee: • The rear doors shall remain closed at all times when live entertainment is being performed. • Live entertainment shall be limited to non -amplified music. • Live entertainment shall cease to take place on the outside patio. • The volume level of any exterior speakers shall be reduced. Exterior speakers may also be prohibited at the Director's discretion. Noise associated with music or other entertainment shall not exceed noise limits established through Section 13-280 of the CMMC, Exterior Noise Standards, as measured from the site's property lines. The Director may also elect to forward the matter to the Planning Commission. 4. The hours of operation shall be as follows: 7 AM to 11 PM, Sunday through Wednesday; and 7 AM until 2 AM, Thursday, Friday, Saturday, and New Year's Eve. 5. In the event noise or other late night disturbance complaints are received and confirmed to have occurred, within any 60-day period, the operator and/or business owner shall comply with the following, • First violation shall result in a verbal and written warning from the City. • Second violation shall result in the business closing 1 hour earlier for a period of two weeks and cease alcoholic beverage sales and consumption 1 hour earlier for a period of six months. Resolution No. 19-61 Page 9 of 16 • Third violation shall result in the operator and/or business owner being required to close at 11:00 PM Thursday, Friday and Saturday at the discretion of the Development Services Director or designee (in consultation with the Costa Mesa Police Department). 6. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. 7. Rear door(s) shall remain closed at all times during business hours except for entry and exit only. 8. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 9. There shall be no room or designated area reserved for the exclusive use of designated persons or "private club members." 10. There shall be no sales of alcoholic beverages for off -site consumption. 11. For establishments with a State Alcoholic Beverage Control (ABC) License, all sales and service staff (within 90 days of hire) shall complete Responsible Beverage Service (RBS) training with a provider approved by the California Department of Alcoholic Beverage Control. A copy of the training certificates shall be kept on premises and presented to any authorized City official upon request. 12. Parking for employees of the business shall occur on -site. 13. An adequate number of security personnel, as determined by the Police Department Crime Prevention Bureau and/or the Development Services Director, shall be provided to ensure that all parking lots are monitored during the days and hours the business is in operation. To the extent deemed necessary, security personnel shall provide parking management, noise control, loitering prevention, as well as general security of all parking areas on and immediately abutting the subject site. 14. Operator 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 intensity to make visible the identity and actions of all persons entering and leaving the premises. 15. The intensity and location of lights shall be limited to minimize nighttime light and glare to residents and shall be subject to the Development Services Director's approval. 16. All site lighting fixtures shall be provided with a flat glass lens. Photometric calculations shall be submitted and shall indicate the effect of the flat glass lens fixture efficiency. 17. Lighting design and layout shall limit light spillage to no more than 0.5 foot- candles at the property line of residential properties, consistent with the level of lighting that is determined necessary for safety and security Resolution No. 19-61 Page 10 of 16 purposes on site. Light standards near residential properties shall be shielded in such a way as to minimize light spillage onto surrounding properties. 18. The operator shall maintain free of litter all areas of the premises under which applicant has control. 19. A copy of the conditions of approval shall be kept on the premises and presented to any authorized City Official upon request. New business/property owners shall be notified of conditions of approval upon Transfer of business or ownership of land. 20. Demolition permits for existing structure(s) 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. 21. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of, or which are in any way related to, the applicant's project, or any approvals granted by City related to the applicant's project. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. City shall have the right to choose its own legal counsel to represent the City's interests, and applicant shall indemnify City for all such costs incurred by City. 22. The use is subject to compliance with all applicable Federal, State, and local laws. A copy of the applicable Costa Mesa Municipal Code requirements has been forwarded to the Applicant and, where applicable, the Authorized Agent, for reference. 23. Prior to issuance of Certificate of Occupancy (C of O) the applicant shall provide a scaled and dimensioned digital site plan(s) for the project site, on either a CD or thumb drive, to the Planning Division. All site plans shall include an accurate and precise drawing of all building footprints and property line locations for the entire project site. All buildings shall be annotated with its corresponding address and suites if applicable. 24. The property shall be posted with signs directing customers and employees to park in the rear parking lot. 25. Live entertainment shall operate no later than 10:00 PM Sunday through PC Wednesday: and 12:00 midnight, Thursday, Friday, and Saturday. No electronic dance music or excessive bass shall be permitted. CC 26. Two hoop bike racks shall be installed and shall meet the Transportation Services Division for specifications for materials, finishes, and placement. Resolution No. 19-61 Page 11 of 16 Materials 1.5" schedule 40 uncoated pipe (1.90" OD) Installation Methods: In -ground mount is embedded into concrete base. Flange mount has two 2.5" x 6" x .25" feet - 4 anchors. Finishes A rubbery PVC dip. Blue is standard. Hoop Bike Rack A. Setbacks 1. Wall Setback: For Hoops set parallel to the wall, a minimum of 24" should be left between the wall and the rack. 36" is the recommended setback. For Hoops installed perpendicular to the wall, a 28" setback is the minimum distance. 36" is recommended. 2. Distance Between Racks: 24" is the minimum distance between racks. 36" is recommended. 3. Street Setback: 24" is the minimum distance between the street and the rack. 36" is recommended. The foot -mounted Hoop Rack has a 2.5" x 6" x .25" foot which is installed onto a concrete base with 4 masonry anchors. The foot - mounted Hoop Rack is generally less expensive to install and easier to remove than the in -ground mount model, while still maintaining the same degree of security. 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 utility releases will not be granted until all such licenses have been obtained. 2. Approval of the planning/zoning application is valid for two (2) years from the effective date of this approval and will expire at the end of that period unless applicant has established the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as determined by the Building Official, 2) a certificate of occupancy has been issued, or 3) the use is established and a business license has been issued. A time extension can be requested no less than thirty (30) days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. Only one request for an extension of 180 days may be approved by the Director. Resolution No. 19-61 Page 12 of 16 3. The approved address of individual units, suites, buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings. 4. All noise -generating construction activities shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise -generating construction activities shall be prohibited on Sunday and the following Federal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 5. All requirements of the California Alcoholic Beverage Control Board shall be complied with. 6. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 7. Concrete wheel stops shall be installed 2' from the front edge of open parking spaces. 8. Parking stalls shall be double -striped in accordance with City standards. 9. Truck deliveries shall not occur anytime between the hours of 8:00 pm and 7:00 am. 10. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 11. Two (2) sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108, shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits. 12. Two (2) sets of landscape and irrigation plans, approved by the Planning Division, shall be attached to two of the final building plan sets. 13. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 14. Trash enclosure(s) or other acceptable means of trash disposal shall be provided. Design of trash enclosure(s) shall conform with City standards. 15. Trash facilities shall be screened from view and designed and located appropriately to minimize potential noise and odor impacts to residential areas. Bldg. 16. Comply with the requirements of the following adopted codes: 2016 California Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Green Building Standards Code, and 2016 California Energy Code (or the applicable adopted, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards, and California Energy Code at the time of plan submittal or permit issuance), and California Code of Regulations, also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites, facilities, buildings, and elements by individuals with disability shall comply with Chapter 11 B of the 2016 California Building Code. Resolution No. 19-61 Page 13 of 16 17. Provide a plan to the County of Orange Health Dept. for review and approval. 18. Enclosed patio areas shall be included when determining the maximum allowable area in accordance with the applicable provisions of 2016 California Building Code Section 506.2. Certain Fire Code requirements will also apply. 19. Prior to the Building Division issuing a demolition permit contact South Coast Air Quality Management District (AQMD) located at: 21865 Copley Dr. Diamond Bar, CA 91765-4178 Tel: 909- 396-2000 Or Visit their web site http://www.costamesaca.gov/modules/showdocument.aspx?docu mentid=23381 The Building Division will not issue a demolition permit until an identification number is provided by AQMD. 20. Prior to issuance of building permits, the conditions of approval, code requirements, and special district requirements shall be blueprinted on the approved architectural plans. 21. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2016 California Building Code. Fire 22. Comply with the requirements of the 2016 California Fire Code, including the 2016 Intervening Update and referenced standards as amended by the City of Costa Mesa. 23. The Fire Department Connection (FDC) shall be located in an approved location with unobstructed access from the public alley and within 150 feet of the hydrant. 24. The FDC shall have 36 inches of working clearance on all sides so that fire hoses can be connected. 25. A "FDC is located at the rear of the property" sign shall be placed in an approved location on the front of the building. 26. This approval is limited to this specific request and does not set a precedent for future requests for rear FDC and hydrant locations. All future requests will be assessed on a case by case basis, and this approval shall not imply that similar requests will be granted. Eng. 27. At the time of development submit for approval an Offsite Plan to the Engineering Division that shows street and parkway improvements prepared by a registered Civil Engineer. The plans must show the reconstruction of a minimum 8-foot sidewalk and removal of City trees. Pay Offsite Plan Check fee per Section 13-29(2)(b) of the C.C.M.M.C. 28. A Construction Access Permit and deposit of $350.00 will be required by City of Costa Mesa, Engineering Division prior to start of any on -site work necessary during construction for street sweeping and to guarantee replacement costs in case of damage to existing public improvements. Resolution No. 19-61 Page 14 of 16 29. Obtain a permit from the City of Costa Mesa Engineering Division, at the time of development, and then construct sidewalk per City of Costa Mesa Standards as shown in the Offsite Plan. 30. Applicant is hereby advised that no removal of trees from the public right- of-way will be permitted without specific approval from the Parks and Recreation Commission and compliance with any measures as determined by the Commission to relocate the trees and/or to compensate the City for the loss of trees from the public right-of-way. Conditions of the Commission must be incorporated onto the plans prior to plan approval. The applicant/developer is advised to identify all trees affected by the proposed project and make timely application to the Parks and Recreation Commission to avoid possible delays. 31. Obtain an encroachment permit from the Engineering Division for private improvements in the City public right-of-way per section 15-13 of the C.C.M.M.C. Trans. 32. At the time of issuance of building permits, submit to the Transportation Services 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 $12,925.00. NOTE: the traffic impact fee will be recalculated at the time of issuance of certificate of occupancy based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect that time. 33. Provide a fully dimensioned rear parking lot striping plan. Comply with the City's Parking Design Guidelines for all regular commercial parking stall dimensions and aisle widths. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani 1. County Sanitation District fees, fixture fees, inspection fees, and sewer permit are required prior to installation of sewer. 2. Applicant shall submit a plan showing sewer improvements that meets the District Engineer's approval to the Building Division as part of the plans submitted for plan check. 3. The applicant is required to contact the Costa Mesa Sanitary District at 949- 645-8400 to arrange final sign -off prior to certificate of occupancy being released. 4. Applicant shall contact Costa Mesa Sanitary District at (949) 654-8400 for any additional district requirements. AQMD 5. Applicant shall contact the Air Quality Management District (AQMD) at (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. Resolution No. 19-61 Page 15 of 16 Water 6. Customer shall contact the Mesa Water District — Engineering Desk and submit an application and plans for project review. Customer must obtain a letter of approval and a letter of project completion from Mesa Water District. School 7. Pay applicable Newport Mesa Unified School District fees to the Building Division prior is issuance of building permits. CDFA 8. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. Resolution No. 19-61 Page 16 of 16