HomeMy WebLinkAbout01-48 - Approving Planning Application PA-01-11RESOLUTION NO. b / 4-/ ?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING PLANNING
APPLICATION PA -01-11.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Bill Mason, authorized agent for John
Heffernan, owner of real property at 3045 Bristol .Street, requesting approval of a
conditional use permit to allow an oil change facility (Oil Stop) within 200 feet of
residentially zoned property; and
WHEREAS, the Planning Commission held a duly noticed public hearing
on June 11, 2001, at which the Planning Commission approved the request; and
WHEREAS, PA -01-11 was appealed to the City Council, and a duly noticed
public hearing was held by the City Council on July 16, 2001;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record,
the findings contained in Exhibit "A", and subject to conditions contained in Exhibit
"B", the City Council hereby approves Planning Application PA -01-11 with respect to
the property described above.
BE IT FURTHER RESOLVED that the Costa Mesa City Council finds and
determines that adoption of this resolution is expressly predicated upon the activity as
described in the agenda report for Planning Application PA -01-11 and upon the
applicant's compliance with each and all conditions contained in Exhibit "B". Any
approval granted by this resolution herein 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 16' day of July, 2001.
Mayor of the City of Costa Mesa
ATTEST:
. APPROVED AS T FORM
Deputy City lerk of the City of Costa Mesa ��Xpele% i -,")w
Z" ' CAT RNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
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. p /- ql8 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof, held on the 16th day of July, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 17th day of July, 2001.
Deputy Ofty Clerk and ex -officio Clerk of
the City ouncil of the City of Costa Mesa
EXHIBIT "A"
FINDINGS
APPL. PA -01-11
A. 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 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 in that the subject
site is required to be planted with landscaping to screen the service bays for the
oil change facility from nearby residential properties. 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 proposed project complies with Costa Mesa Municipal Code Section 13-29
(e) because:
a. The proposed development and use is .compatible and harmonious with
uses both on-site as well as those on surrounding properties.
b. Safety and compatibility of the design of the buildings, parking areas,
landscaping, luminaries, and other site features including functional
aspects of the site development such as automobile and pedestrian
circulation have been considered.
c. The proposed project complies with applicable performance standards
prescribed in the Zoning Code.
d. The project is consistent with the General Plan.
e. The planning application is for a project -specific case and does not
establish a precedent for future development.
f. The cumulative effects of all past and present planning applications have
been considered for both the subject property and surrounding properties.
C. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City environmental
procedures, and has been found to be exempt from CEQA.
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 impacts will be mitigated at all affected
intersections.
EXHIBIT "B"
CONDITIONS OF APPROVAL
APPL. PA -01-11
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. Street addresses shall be displayed ori the freestanding sign, or, if
there is no freestanding sign, on the building fascia 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.
3. 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 all floor plans in the working drawings.
4. 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 be continuously maintained in working order. In any
case, development of subject property shall preserve or improve the
existing pattern of drainage on abutting properties.
5. The conditions of approval and ordinance or code provisions of Planning
Application PA -01-1 1 shall be blueprinted on the face of the site plan.
6. The ap'plicant shall contact the Planning Division to arrange for a
planning inspection of the site before release of occupancy. This
inspection is to confirm that the conditions of approval and code
requirements have been satisfied.
7. Street setback landscape planters shall be mounded to a high point of
APPL. PA -01-11
least 24 inches with approved turf and/or ground cover on the street
side front half of the planter and shrubbery plantings and trees on the
back half. The selection and placement of plant materials shall be
utilized to screen, wherever possible, direct visibility into the service
bays, particularly from Bristol Street line of sight.
8. Show method of screening for all ground -mounted mechanical equip-
ment (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
and shall be screened from view, under the direction of Planning
Staff.
9. Exterior elevations 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.
10. All rooftop mechanical equipment shall be screened from view on and
off site.
11. No exterior roof access ladders, staircases, roof drain scuppers, or
roof drain downspouts shall be permitted.
12. Cornices and other architectural elements shall be wrapped around to
the side and rear of building facades.
13. A copy of the conditions of approval for the conditional use permit must
be kept on 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.
14. The use shall be conducted, at all times, in a manner -to allow the
quiet enjoyment of the surrounding neighborhood. The applicant
and/or business owner shall institute whatever operational measures
are necessary to comply with this requirement.
15. Approval of this project is limited to the following uses: oil and lube,
service. Major engine repair or tune-ups, overhaul, tire changes,
bodywork and painting are not permitted.
16. Employees and customers shall be required to park on site.
17. There shall be no overnight storage of customer vehicles outside of
the building.
18. No storage of vehicles in a wrecked or dismantled condition shall be
permitted.
19. There shall be no test drivina of rPnairPrl vahirlas nn raciriantiml
streets.
20. Construction, grading, materials delivery, equipment operation or other
noise -generating activity shall be limited to between the hours of 7 a.m.
and 8 p.m., Monday through Friday, and between the hours of 8 a.m.
and 7 p.m. on Saturday, 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.
APPL. PA -01-11
Trans. 21.
Indicate on site plan the ultimate right-of-way as 35 feet, from street
centerline (2 -foot future dedication) on Paularino Avenue and 60 feet
from street centerline on Bristol Street.
22.
Entrance drive approach width shall be 20-25 feet maximum and exit
drive approach width for one-way traffic shall be 15 feet maximum.
Specify exact locations of proposed driveways in relation to property
lines.
P. D. 23.
A list of security recommendations is provided by the Police
Department for the applicant's consideration.
Eng. 24.
Maintain the site and public right-of-way in a "wet -down" condition
during construction to prevent excessive dust and remove any spillage
from the public right-of-way by sweeping or sprinkling.
APPL. PA -01-11
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 Planning Application PA -01-1 1 is valid for one (1) year
and -will expire at the end of that period unless building permits are
obtained, or the applicant applies for and is granted an extension of
time.
3.
Permits shall be obtained for all signs according to the provisions of
the Costa Mesa Sign Ordinance.
4.
Development shall comply with all requirements of Section 45 and
Article 9, Chapter V of Title 13 of the Costa Mesa Municipal Code
relating to commercial development standards.
5.
Parking stalls shall be double -striped in accordance with City
standards.
6.
All on-site utility services shall be installed underground or
provisions made for future undergrounding, if it is impractical at this
time.
7.
Lighting shall comply with all requirements of Costa Mesa
Municipal Code Section 13-93(d). Lighting shall be designed to
provide adequate illumination (no dark spots) without creating spill-
over light or glare onto adjacent properties. Shielding or other
methods necessary to prevent light or glare spill-over shall be
incorporated.
8.
Trash enclosures or other acceptable means of trash disposal shall
be provided. Design of trash enclosures shall conform with City
standards. The enclosure shall have lockable gates. Standard
drawings for trash enclosures are available from the Planning
Division.
9.
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 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.
10.
Any building mechanical equipment such as air-conditioning
equipment, duct work, and fire sprinkler risers shall be screened
from view in a manner approved by the Planning Division.
1 1 .
Transformers, backflow preventers, and any other. above -ground
APPL. PA -01-11
utility improvements, shall be located outside of the required street
setback area and/or shall be screened from view, under the direction
of the Planning Division.
12.
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.
13.
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.
14.
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.
15.
Landscaping and irrigation shall be installed in accordance with the
approved plans prior to final inspection or occupancy clearance.
16.
All landscaped areas shall be separated from paved vehicular areas
by 6 -inch high continuous Portland Cement Concrete curbing.
Bldg. 17.
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.
18.
Comply with the requirements of the Uniform Building Code as to
design and construction and CCR Title 24 pertaining to "Disabled
Access Regulations".
19.
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 8 soil conditioner to stabilize soil or temporarily plant
APPL. PA -01-11
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.
Trans. 20.
Fulfill San Joaquin Hills Transportation Corridor Fee Ordinance
requirement at the time of issuance of building permit by submitting
the required fee to the Planning Division. For the proposed use, the
corridor fee is estimated as $8,607.75.
Eng. 21.
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 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.
22.
A site 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.
23.
Submit required cash deposit or surety bond to guarantee
construction of offsite 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
the City Engineer.
24.
Obtain a permit from the Engineering Division, at . the time of
development, and remove all abandoned monitoring wells related to
this site out of the public right-of-way.
APPL. PA -01-11
25.
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 shown on the offsite plan. Location
2.
and dimensions are subject to the approval of the Transportation
Services Manager. A.D.A. compliance is required for all driveway
approaches.
26.
Obtain a permit from the Engineering Division, at the time of
3.
development, and then remove any existing driveways and/or curb
depressions that will not be used and replace with full height curb
and sidewalk at developer's expense.
27.
Obtain a permit from the Engineering Division, at the time of
development, and then reconstruct any damaged sidewalk and curb
and gutter on Bristol Street frontage at developer's expense.
28.
Private on-site drainage facilities and parkway culverts or drains will
not be maintained by the City of Costa Mesa; they shall be
maintained by the owner or developer of the property.
Parks/ 29.
Street trees in the front setback shall meet with the approval of the
Parkways
parks and parkways division. Street trees shall be Tristania
Conferta, 15 -gallon minimum size, spaced at 30 feet on center.
Fire 30.
Storage, use, and dispensing of flammable and combustible liquids
shall comply with Article 79 of the Uniform Fire Code, 1997 Edition.
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, at
his own expense, meeting the approval of the Costa Mesa Sanitary
District.
2.
Orange County Sanitation District fees, fixture fees, inspection fees,
and sewer permit required prior to issuance of building permits. To
receive credit for buildings to be demolished, call (714) 754-5307 for
inspection.
3.
Developer shall submit a plan showing sewer improvements that meets
with the District Engineer's approval to the Building Division as a part of
the plans submitted for plan check.
4.
Car detailing operation plans shall be submitted for approval by the
Costa Mesa Sanitary District Engineer as a part of the plans submitted
to the Building Division for plan check. The plans shall include
provisions preventing wash down water from entering the street or
storm drain system. and also preventing rain water from entering the
sewer system.
5.
Developer is required to contact the Costa Mesa Sanitary District at
(714) 754-5307 to arrange final sign -off prior to certificate of
APPL. PA -01-11
occupancy or utilities being released.
6.
Any discharge in the sewer system other than from residential, hotel,
motel, or. restaurant.developments may require the issuance of an
Orange County Sanitation District Industrial Wastewater Discharge
Permit. Call (714) 962-2411 for specific requirements.
Water 7.
Applicant is reminded that additional conditions of development may be
imposed by Mesa Consolidated Water District (949). 631-1200 and/or
other serving utilities. Subject to approval by the board of directors,
Mesa Consolidated Water District may require payment of a developer
impact fee prior to installation of water service or construction of
required master plan facilities.
AQMD 8.
Applicant shall contact the Air Quality Management District (800) 288-
7664 for potential additional conditions of development or for additional
permits required by the district.
School 9.
Pay applicable Newport Mesa Unified School District fees to the
Building Division prior to issuance of building permits.
CDFA 10.
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.