HomeMy WebLinkAbout15-11 - Approval of PA-14-40, Relocation and Expansion of Ganahl Lumber Located on Bristol StRESOLUTION NO. 15-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF
PLANNING APPLICATION PA -14-40 FOR THE RELOCATION AND EXPANSION OF
GANAHL LUMBER LOCATED AT 1100 BRISTOL STREET
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed Patrick Ganahl, lessee of the property owned
by the County of Orange, requesting approval of the following:
Planning Application PA -14-40: The proposed project ("Project") involves the
development of a 6.6 acre vacant lot to accommodate the relocation of the Costa Mesa
Ganahl Lumber store to a site owned by the County of Orange and leased to Ganahl
Lumber. The existing Costa Mesa Ganahl Lumber store is located on an adjacent property
to the east and would be closed once the new store is completed. The development
proposal includes the following:
• Development Review for the construction of a 65,263 square foot building materials
retail store with administrative offices (Main Building A). A total of 286 parking spaces
are proposed; 108 parking stalls would be provided on the roof of the retail building;
and 178 at -grade parking stalls would be provided throughout the project site;
• Variance from front setback requirement for the parking lot, B Shed and Mill Shed
along Bristol Street (20 -foot setback required; 10 -foot setback proposed);
• Variance from maximum building height for the solar photovoltaic canopy and
elevator overrun on Main Building A (30 -foot maximum height allowed; 34 feet to the
solar canopy and 41 feet to the top of the elevator proposed);
Resolution No. 15-11 Page 1 of 5
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• Variance from maximum building height for the B Shed (30 -foot maximum allowed;
34 feet proposed);
• Conditional Use Permit for the proposed outdoor storage yard consisting of three
sheds (B Shed, Mill Shed, and Pole Shed) totaling 40,925 square feet; and
• Planned Signing Program to allow the proposed 24 -foot high freestanding sign (12
feet allowed, 24 feet proposed).
WHEREAS, on or about January 19, 2015, the City filed the Notice of Intent to
Adopt A Mitigated Negative Declaration for the Project prepared by LSA Associates Inc.,
with the public review period from January 23, 2015 through February 22, 2015; and
WHEREAS, in response to the "Comment Letter to the Initial Study/Mitigated
Negative Declaration", LSA prepared written "Responses to Additional Comments on the
Initial Study/Mitigated Negative Declaration Prepared for Ganahl Lumber Hardware Store
and Lumber Yard Project, Planning Application No. PA -14-40" (Exhibit D); and
WHEREAS, on February 23, 2015, a duly noticed public hearing was held before
the Planning Commission, which included presentation of the project by staff and the
applicant; as well as information related to the environmental impact analysis of the
project by LSA Associates; and
WHEREAS, on February 23, 2015, prior to the Planning Commission meeting, the
City received an "Objection to the Proposed Ganahl Lumber Project" raising numerous
objections to the Project (Exhibit E); and
WHEREAS, at the public hearing, the Planning Commission received public
comments
and elicited responses from staff and LSA regarding the objections raised; and
Resolution No. 15-11 Page 2 of 5
WHEREAS, the Planning Commission, based on the evidence and testimony
presented during the hearing, voted to approve the project by a 5-0 vote; and
WHEREAS, on February 27, 2015, an appeal of the decision of the Planning
Commission's approval of the project was filed; and
WHEREAS, a duly noticed public hearing was held by the City Council on March
17, 2015 with all persons having the opportunity to speak for and against the proposal;
and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial
Study/Mitigated Negative Declaration was prepared and circulated from January 23, 2015
to February 22, 2015 for public review and comment; and
WHEREAS, the City of Costa Mesa received written comments from the general
public, government entities, and other interested parties during the public review period;
and
WHEREAS, written comments received from the general public, government
entities, and other interested parties were responded to, where appropriate, in the manner
prescribed in California Code of Regulations Section 15073; and
WHEREAS, no significant new information has been added to the Initial
Study/Mitigated Negative Declaration and no changes to the proposed project have
occurred which would require recirculation of the Initial Study/Mitigated Negative
Declaration under CEQA Guidelines Section 15073.5; and
WHEREAS, the City Council has reviewed all environmental documents
comprising the Initial Study/Mitigated Negative Declaration and has found that the Initial
Study/Mitigated Negative Declaration considers all environmental impacts of the
Resolution No. 15-11 Page 3 of 5
proposed project and a reasonable range of alternatives, and the Initial Study/Mitigated
Negative Declaration is complete, adequate, and fully complies with all requirements of
CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; and
WHEREAS, the Initial Study/Mitigated Negative Declaration for this project reflects
the independent judgment of the City of Costa Mesa.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
FINDS AND RESOLVES AS FOLLOWS:
BE IT RESOLVED, therefore, that based on the evidence in the record and the
findings contained in Exhibit A, and subject to the conditions of approval and mitigation
measures indicated in the Mitigation Monitoring Program contained within Exhibits B and
C, respectively, the City Council hereby ADOPTS the Initial Study/Mitigated Declaration
and APPROVES Planning Application PA -14-40.
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 PA -14-40 and upon the applicant's
compliance with each and all of the conditions in Exhibits B, the Mitigation Monitoring
Program in Exhibit C, 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 and/or mitigation measures.
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
Resolution No. 15-11 Page 4 of 5
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court of competent jurisdiction, such decision shall not affect the validity of the remaining
provisions.
The City Clerk shall attest to the adoption of this resolution and shall forward a
copy to the applicant, and any person requesting the same.
PASSED AND ADOPTED on this
Stephen M. Men er, Mayor
ATTEST:
a�wd& QLX4�n -,
Brenda Green, i y Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
17TH day of March, 2015.
APPROV AS TO FORM:
thoQ's-bpdrte, City Attorney
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa
Mesa, hereby certify that the above Council Resolution Number 15-11 as considered at
a regular meeting of said City Council held on the 17th day of March, 2015, and thereafter
passed and adopted as a whole at the regular meeting of said City Council held on the
17th day of March, 2015, by the following roll call vote:
AYES: COUNCIL MEMBERS: Foley, Genis, Righeimer, Mensinger
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Monahan
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 18th day 'of March, 2015.
1�
Brenda Green, - y Clerk
Resolution No. 15-11 Page 5 of 5
EXHIBIT A
FINDINGS (APPROVAL)
A. The information presented substantially complies with Costa Mesa Municipal Code
Section 13-29(g)(2) because:
Finding: The proposed development 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 use, with the recommended
conditions of approval, is compatible with the other uses in the immediate
vicinity. The proposed location for the Project is adjacent to its existing facility.
The existing Ganahl Lumber facility at 1275 Bristol Street, which is zoned C2
(General Commercial), was originally built as Ward and Harrington Home
Improvement Center in the early 1970's and previously used by Barr Lumber
until the facility was acquired by Ganahl Lumber in the 1990's. The property
is surrounded to the north, northeast and northwest by the 73 and 55
freeways. Additionally, the northern portion of the property line runs along the
Santa Ana Delhi Channel. Compliance with the conditions of approval will
allow this use to operate with minimal impact on other surrounding properties
and uses.
The main building (Building A) contains the main store retail sales area, which
is a permitted use in the C1 (Local Business District) Zone per Zoning Code
Land Use Matrix Section 13-30(130 — Retail: General). Code requires that
the outdoor storage yard (containing lumber stock, a mill shed, and storage
sheds) be considered through a conditional use permit per Zoning Code
Section 13-30(d) — Citywide Land Use Matrix. Outdoor lumber yards are not
specifically listed in the corresponding Land Use Matrix, and the Conditional
Use Permit process allows the City to impose consider this type of use on a
case-by-case basis and impose conditions of approval, as applicable.
Finding: Granting the conditional use permit 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: With the exception of the building 'setback and
height as discussed above, the development is a commercial project consistent
with the C1 zoning of the property and the other commercially -zoned properties
in the vicinity. Compliance with the applicable Building and Fire Safety Codes
will ensure that the project is not materially detrimental to the health, safety and
general welfare of the public or otherwise injurious to property or improvements
within the immediate neighborhood.
The properties on the south side of Bristol Street will not be adversely affected
by the project. Specifically, there are no modifications to the center left turn
lane on Bristol Street which would adversely impact access to the properties
on the south side of Bristol Street.
Finding: 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.
Facts in Support of Findings: The project site is zoned C1 (Local Business
District) and has a General Plan Designation of General Commercial. The
project, as conditioned, is consistent with the applicable provisions of the
General Commercial General Plan Designation.
The existing Home Depot at Harbor Center in Costa Mesa is also located in
the General Commercial land use designation. Home Depot required
discretionary approval of a Master Plan in the C1 -S zone.
Other jurisdictions also consider Ganahl Lumber stores as commercial uses.
For reference purposes, following is a list of similar Ganahl Lumber stores
located in commercial zones in other jurisdictions:
Other Ganahl LumberCommercial
Store Locations
CG (Commercial General)
City of Buena Park
6586 Beach Blvd, Buena Park, CA 90621
(East Colorado Specific Pian -Commercial
City of Pasadena
General- The Chihuahuita area.)
3003 E Colorado Blvd, Pasadena, CA 91107
C C/P (Community Commercial/Pedestrian)
City of Capistrano Beach
34162 Doheny Park Dr., Capistrano Beach,
CA 92624
C -G (General Commercial Zoning District) -
City of Los Alamitos
Hardware Store
10742 Los Alamitos Blvd. Los Alamitos, CA
90720
This property is owned by the County Flood Control District and is limited in
development potential due -to its location and required unbuildable easements
by Caltrans and the County Flood Control District. As noted in the Planning
Commission Staff Report, the Floor Area Ratio (FAR) for the project is 0.346,
excluding the Pole Shed, which is not enclosed, and the proposal will not exceed
the City's maximum FAR requirement (.35 FAR maximum allowed).
This site has been vacant for about seven years since the Bristol Street Mini
Storage was removed. As indicated in the letter submitted by the County of
Orange Executive Office, which facilitated the lease of their property to Ganahl
Lumber, the County determined that the Ganahl Lumber proposal was the
least intensive land development,that their office received (Attachment 7). In
November 2013, the County's evaluation panel gave Ganahl the highest
rating above one proposal from Lyon -NCA Bristol Venture for 207 apartments
and two other proposals for hotels. All of the other proposals are not
consistent with the current GP/zoning, and would require a General Plan
amendment and Rezone of the property.
The following describes the proposed project's consistency with specific goals and
objectives of the General Plan, Land Use Element.
Goal LU -1: Land Use: It is the goal of the City of Costa Mesa to provide its
citizens ..with a balanced community of residential, commercial, industrial,
recreational, and institutional uses to satisfy the needs of the social and
economic segments of the population and to retain the residential character of
the City, to meet the competing demands for alternative developments within
each land use classification within reasonable land use intensity limits, and to
ensure the long term viability and productivity of the community's natural and
man-made environments.
Consistency: The infill nature of the proposed commercial project protects the
balance of land uses satisfying the needs of the community as it pertains to
commercial retail uses. The project will ensure the long-term viability of the
natural and man-made environment and decreases the need for significant
infrastructure improvements. The project is consistent with this General Plan
goal.
Objective LU -1A.3: Locate high-intensity developments or high traffic
generating uses away from low-density residential in order to buffer the more
sensitive land uses from the potentially adverse impacts of the more intense
developments or uses.
Consistency; The project is a commercial development located along Bristol
Street, a major traffic arterial in the City. The project site does not abut
residential properties. As indicated in the IS/MND, adequate infrastructure is
available to serve the proposed project. Therefore, the project is consistent with
this General Plan objective.
Objective LUA C.1: Permit the construction of buildings over two stories or 30
feet only when it can be shown that the construction of such structures will not
adversely impact surrounding developments and deprive existing land uses of
adequate light, air, privacy, and solar access.
Consistency: The proposed buildings that exceed the 30 -foot height limit will
not adversely impact surrounding developments and deprive existing land uses
of adequate light, air, privacy, and solar access as the site is abutting a major
street on one side and freeways on the other side. The buildings that exceed to
the 30 -foot height limit do not immediately abut the existing Ganahl Lumber site
to the east. Therefore, the project is consistent with this General Plan objective.
Goal LU -2: Development: It is the goal of the City of Costa Mesa .to establish
development policies that will create and maintain an aesthetically pleasing and
functional environment and minimize impacts on existing physical and social
resources.
Consistency: The project would allow for the redevelopment of a vacant
commercially -zoned property. On-site vegetation is minimal. The proposed
project would enhance the visual appearance of the site through the construction
of new buildings and implementation of the proposed landscape plan. In
addition, the project would provide a high-quality architectural design to the
community. As a result, the proposed project is consistent with this General
Plan goal.
Objective LU -2A: Encourage new development and redevelopment to improve
and maintain the quality of the environment.
Consistency: As indicated in the IS/MND, the proposed project with mitigation
incorporated would not result in any significant adverse environmental impacts.
Because the project is an infill development, it would, not result in the loss of any
habitat, or require extensive infrastructure improvements to provide service to
the site. The project is consistent with this objective.
B. The requested variance substantially complies with Costa Mesa Municipal Code
Section 13-29(g)(1) in that:
Findings:
• 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.
• The deviation shall not constitute a grant of special privileges inconsistent with other
properties in the vicinity.
• The granting of the deviation will not allow a use, density, or intensity which is not
in accordance with the general plan designation for the property.
Facts in Support of Findings:
Despite the request for deviations from Code requirements for the building setback for
the B Shed and Mill Shed (20 -foot setback required; 10 feet proposed) and the height
for the Main Building A (30 -foot height required; 34 feet to the solar panels and 41 feet
to the elevator shaft) and the B Shed (30 -foot height required; 34 feet proposed), of the
variances are justified based on the following:
The unique shape and location along the Bristol Street frontage justify 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.
The property is shaped triangular with the B Shed and Mill Shed sitting within
the apex. Additionally, the northern property line runs adjacent to the Santa
Ana Delhi Channel and 73 -freeway. The purpose of the 20 -foot landscape
setback (10 feet proposed) is to provide a visual buffer between the public
sidewalk and any perimeter walls or buildings. In this case, the B Shed and
Mill Shed are proposed to have a 10 -foot landscape setback from property
line, which is consistent with several properties across Bristol Street, including
the two-story office buildings at 1072 and 1182 Bristol Street, both of which
have less than the 20 foot landscape requirement. Additionally, because of
the irregular shape of the property, the 20 -foot setback is infeasible. The
reduced setback enjoyed by these two' properties, in combination with the
unusual shape of the subject, property, creates a special circumstance
applicable to the property where the strict application of the 20 -foot landscape
setback would deprive the property of privileges enjoyed by others in the
vicinity. The B Shed and Mill Shed will also act a visual screen to the storage
yard and the proposed 10 -foot landscape setback will be required to be
densely landscaped and have exterior building treatments. Similarly, as to
the height of the Main Building, the irregular shape of the property, limits the
space available for parking on the ground floor, thus, necessitating rooftop
parking.
The applicant's request includes a variance from the Bristol Street setback
(20 -feet required, 10 -feet proposed). Existing setbacks along Bristol Street
for neighboring properties also do not meet this requirement. These include
the following properties:
1. 1072 Bristol Street — approximate 12 foot setback.
2. 1182 Bristol Street — less than 10 foot setback.
3. 1312 Bristol Street— approximate 15 foot setback.
With regard to the building height, special circumstances exist in that the
proximity of the elevated freeways and Santa Ana Delhi Channel will limit
visual impacts to surrounding properties ,and 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 proposed buildings that
exceed the 30 -foot height limit will not adversely impact surrounding
developments and deprive existing land uses of adequate light, air, privacy, and
solar access as the site is abutting a major street on one side and freeways
along with the flood control channel on the other side. The buildings that exceed
the 30 -foot height limit do not immediately abut the existing Ganahl Lumber site
to the east. Therefore, the increased building height will not constitute a grant
of special privileges inconsistent with other properties in the vicinity.
Special circumstances also exist with regard to the unique size of the resultant
buildable area of the property due to two maior constraints related to existing
Caltrans and County easements.. The site is constrained by two easements
which expressly prohibit structures from being constructed within the easement
areas. Specifically, the existing Santa Ana Delphi Channel, which runs
underground beneath the central and eastern portion of the project site, cannot
be constructed upon and further constrains the development potential of the
project site. The existing underground box culvert within this easterly portion
cannot be compromised by any proposed structures. A second constraint is the
California Department of Transportation's easement area along the northerly
portion of the project site. An encroachment permit is required to be approved
by Caltrans, and no structures can be located within this easement area. The
exclusion of these areas from the functional buildable square footage of the
property limits the size and location of proposed structures.
The unique location of the existing property line within Bristol Street provides
iustification for the building setback variance. The building setback variance is
required because the 10 -foot setback is measured from the ultimate property
line along the Bristol Street frontage. Instrument No. 94-0655999 was
recorded on November 9, 1994, and it was granted to the City of Costa Mesa
as an easement for street and highway purposes.. A property survey and
County records indicate that the existing front property line is in Bristol
Street. Therefore, this ultimate property line is based on finalization of a
required 28 -foot dedication since the existing property line is currently located
in the street. Code requires that setbacks be measured from the ultimate
property line after any required street dedications.
The deviations will not allow a use, density, or intensity which is not in
accordance with the general plan designation for the property. The granting
of the deviations will not be detrimental to the public health, safety, or welfare,
or be materially injurious to properties or improvements in the vicinity. The
development is consistent with the General Plan goals and policies as
discussed earlier in this report, and will be required to comply with all
applicable Building and Fire Safety .regulations to ensure that no adverse
impact to the -public health, safety, or welfare is created as a result of this
project. The proposed project is a conditionally permitted use in the C1 zone.
This property is owned by the County Flood Control District and is limited in
development potential due to its location and required unbuildable easements
by Caltrans and the County Flood Control District. The Floor Area Ratio (FAR)
for the project is 0.346, excluding the Pole Shed, which is not enclosed, and the
proposal will not exceed the City's maximum FAR requirement (.35 FAR
maximum allowed). Due to the unique nature of the use, a parking ratio of 2.87
spaces per 1,000 square feet was determined to be required for the proposed
project. When applied to Building A and Building B, a parking demand of 239
spaces is forecast. With a proposed supply of 286 spaces, parking will be
sufficient for this use.
C. The information presented substantially complies with Costa Mesa Municipal Code
Section 13-29(g)(8) in that:
Finding: The proposed signing is consistent with the intent of Title 13, Chapter VIII
(Signs) and the General Plan.
Facts in Support of Findings: The proposed 24 -foot high freestanding sign will
not constitute a grant of special privilege or allow substantially greater overall
visibility than the standard ordinance provisions allow. The purpose of this
planned signing program is to allow for approval of a freestanding sign that is not
subject to the typical code requirements. The square. footage of the total site
signage will not exceed the maximum sign area allowed under the Costa Mesa's
Municipal Code: 1,329 square feet of total site signage allowed; 982 square feet
of total signage proposed. On the City's Master Plan of Highways, Bristol Street is
designated as an Augmented Major Street (±120 feet in width) and the proposed
signage provides adequate, visibility for two-way traffic on Bristol Street for the
business.. The planned sign program is also consistent with the following objectives
of the City's General Plan:
Objective LU -1 B: Ensure the long term productivity and viability of the
community's economic base.
Consistency: The sign will be consistent in appearance with the proposed
wall signage as well as existing freestanding signs in the vicinity. As a result,
the sign will be compatible with the surrounding land uses.
Objective CD -13: Facilitate the installation of signs that contribute to a
positive image of the public realm, consistent with the Costa Mesa Zoning
Code.
Consistency: The proposed sign will be compatible and harmonious with
uses that exist within the general neighborhood. The sign features quality
construction and materials.' The proposed sign will improve and enhance the
appearance of the property from Bristol Street.
Objective LU -1113: Ensure the long term productivity and viability of the
community's economic base.
Consistency. Ganahl Lumber provides large and specific purchases of lumber
products with a customer base spread over a large geographical area. As a
result, the signage will not constitute a grant of special privilege since it is
consistent with the signage for similar uses. Additionally, it will not allow
substantially greater visibility than what the standard sign provisions would allow
for commercial uses since the overall site signage is less than the maximum
allowed under the City's Municipal Code.
Objective CD -13: Facilitate the installation of signs that contribute to a
positive image of the public realm, consistent with the Costa Mesa Zoning
Code.
Consistency: With the implementation of the recommended conditions of
approval, the proposed sign will be compatible and harmonious with uses that
exist within the general neighborhood. The sign features quality construction
and materials. The proposed sign will improve and enhance the appearance
of the property from Bristol Street.
Finding: The proposed signs are consistent with each other in design and
construction — taking into account sign style and shape, materials, letter style, colors
and illumination.
Facts in Support of Findings: The freestanding sign, as conditioned, will be
consistent in color, height, and appearance with the proposed signage on site.
Finding: The proposed signs are compatible with the buildings and developments
they identify — taking into account materials, colors and design motif.
Facts in Support of Findings: The proposed signage is consistent with
current image standards for Ganahl Lumber as well as the City's Municipal
Code.
Finding: Approval does not constitute a grant of special privilege or allow
substantially greater overall visibility than the standard ordinance provisions allow.
Facts in Support of Findings: Ganahl Lumber provides large and specific
purchases of lumber products with a customer base spread over a large
geographical area. As a result, the signage will not constitute a grant of special
privilege since it is consistent with the signage for similar uses. Additionally, it
will not allow substantially greater visibility than what the standard sign
provisions would allow for commercial uses since the overall site signage is less
than the maximum allowed under the City's. Municipal Code.
791
A survey of existing freestanding signs in neighboring properties along Bristol
Street provides information on pylon signs of comparable height:
Description
1 Address
Sign Height (Approx.)
Agape Wellness Center
1182 Bristol St.
22 feet
Animal Hospital
1206 Bristol St.
15 feet
Extra Storage
1250 Bristol St.
25 feet
Acapulco Rest.
1262 Bristol St.
19'6" feet
Travelodge
1400 Bristol St.
20 feet
Bill's Burgers
1476 Bristol St.
16 feet
Bristol Village Center
`270 Bristol St.
25 feet
Car Wash
2770 Bristol St.
24 feet
Bristol Design Center
2777 Bristol St.
25 feet
The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures.
An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for the
project in accordance with the California Environmental Quality Act (CEQA). Mitigation
measures from the IS/MND have been included as Exhibit C. If any of these conditions
are removed, the decision-making body must make a finding that the project will not
result in significant environmental impacts, that the conditions are within the
responsibility and jurisdiction of another public agency, or that specific economic, social
or other considerations make the mitigation measures infeasible.
E. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation
System Management, of Title 13 of the Costa Mesa Municipal Code in that the
development project's traffic impacts will be mitigated at all affected intersections and
by the payment of traffic impact fees.
F. The proposed buildings are an excessive distance from the street necessitating fire
apparatus access and provisions of on-site fire hydrants.
EXHIBIT B
CONDITIONS OF APPROVAL
Ping.. 1.
Planning Application PA -14-40 shall comply with the conditions of approval,
code requirements;. special district requirements, and mitigation measures of
the IS/MND for this project and as listed in the attached Mitigation Monitoring
Program (Exhibit C).
2.
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 hours of operation indicated, 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(0)].
3.
If parking shortages or other parking -related problems arise, the business
operator shall institute whatever reasonable operational measures
necessary to minimize or eliminate the problem.
4.
The business operator shall install bike racks for employees on the site. This
condition shall be completed prior to final occupancy/start of business, under
the direction of the Development Services Department.
5.
Mitigation measures from the IS/MND for this project have been included as
Exhibit C. If any of these conditions are removed, the Planning Commission
must make a finding that the project will not result in significant environmental
impacts, that the conditions are within the responsibility of another public
agency, or that specific economic, social, or other considerations make the
mitigation measures infeasible.
6.
The conditions of approval including Mitigation Measures incorporated by
reference in these Conditions of Approval as Exhibit C, code requirements,
and special district requirements of PA -14-40 shall be blueprinted on the face
of the site plan as part of the plan check submittal package.
7.
Prior to issuance of building permits, a final landscape plan indicating the
landscape palette and the design/material of paved areas shall be
submitted for review and approval by the Planning Division.
8. Landscaping and irrigation shall be installed in accordance with the
approved plans prior to final inspection or occupancy clearance.
9. Landscaping along Bristol Street shall be planted with trees and vegetation.
The landscape plan shall be approved prior to issuance of building permits
and shall contain additional 24 -inch box trees above the minimum Code
requirements to the satisfaction of the Development Services Director.
Compliance with this requirement may include upgrading smaller sized trees
to 24 -inch box trees or providing additional 24 -inch box trees.
10. Developer shall contact the City's Transportation Services Division and the
California Department of Transportation (Caltrans) to replace the chain link
fencing between the subject property and the Caltrans property abutting
the 73 and 55 Freeways with a combination wrought iron fence with
pilaster supports or other fence/barrier acceptable to both the City and
Caltrans. The fencing shall be submitted for review and approval by the
Planning Division. Issuance of certificate of occupancy shall not be
withheld pending the completion of this condition; however, the applicant
shall provide documentation of the progress and estimated time of
completion of the condition prior to the issuance of the certificate of
occupancy.
11. No mechanical equipment or other rooftop appurtenances shall be located
on the elevator overrun area of Main Building A above the approved 41 -
foot height limit.
12. Future installation of rooftop solar canopies on the outdoor storage sheds
(i.e. Pole Shed, Shed B, and Mill Shed) may be approved by the
Development Services Director as an amendment to the Conditional Use
Permit, provided that there are no adverse impacts (light, glare) to
surrounding properties.
13. Final location of the gate and proper signage of the hours of operation at
the gated entrance shall be approved by the Development Services
Director .and Transportation. Services Manager to avoid customer
confusion and circulation impacts on Bristol Street.
14. The business operator shall require that Ganahl Lumber employee
vehicles be exclusively parked in the rooftop parking level in order to make
the at -grade parking lot available for customers/contractors to the fullest
extent possible.
15. Prior to issuance of building permits, developer shall contact the U.S.
Postal Service with regard to location and design of mail delivery facilities.
Such facilities, shall be shown on the site plan, landscape plan, and/or floor
plan.
16. No modification(s) of the approved building elevations including, but not
limited to, change of architectural type, changes that increase the building
height, removal of building articulation, or a change of the finish
material(s), shall be made during construction without prior Planning
Division written approval. Failure to obtain prior Planning Division approval
of the modification could result in the requirement of the applicant to
(re)process the modification through a discretionary review process or a
variance, or in the requirement to modify the construction to reflect the
approved plans.
17. No exterior roof access ladders, roof drain scuppers, or roof drain
downspouts are permitted. This condition relates to visually prominent
features of scuppers or downspouts that not only detract from the
architecture but may be spilling water from overhead without an integrated
gutter system which would typically channel the rainwater from the
scupper/downspout to the ground. An integrated downspout/gutter system
which is painted to match the building would comply with the condition.
This condition shall be completed under the direction of the Planning
Division.
18. Prior to the issuance of building permits, the applicant shall submit a
Lighting Plan and Photometric Study for the approval of the City's
Development Services Department. The Lighting Plan shall demonstrate
compliance with the following: '
• All site lighting fixtures shall be provided with a flat glass lens.
Photometric calculations shall indicate the effect of the flat glass
lens fixture efficiency.
• Lighting design and layout shall limit spill light to no more than 0.5
foot-candle at the property line of the surrounding properties,
consistent with the level of lighting that is determined necessary for
safety and security purposes on site.
• Light standards located at the top level of the parking structure shall
be a maximum of 15 feet in height, located and oriented in such a
way as to minimize light spillage onto surrounding properties. Light
standards shall be custom -fitted with glare shields to focus light
spillage in the parking structure area to the fullest extent possible.
19. It is recommended that the project incorporate green building design and
construction techniques where. feasible. The applicant may contact the
Building Safety Division at (714) 754-5273 for additional information. CAL
Green Code or higher as determined by applicant.
20. Prior to issuance of grading permits, developer shall submit for review and
approval a Construction Management Plan. This plan features methods to
minimize disruption to the neighboring residential uses to the fullest extent
that is reasonable and practicable. The plan shall include construction
parking and vehicle access and specifying staging areas and delivery and
hauling truck routes. The plan should mitigate disruption to residents
during construction. The truck route plan shall preclude truck routes
through residential areas and major truck traffic during peak hours. The
total truck trips to the site shall not exceed 200 trucks per day (i.e., 100
truck trips to the site plus 100 truck trips from the site) unless approved by
-the Development Services Director or Transportation Services Manager.
21. The subject property's ultimate finished grade level may not be filled/raised
in excess of 36 inches above the finished grade of any abutting property.
If additional fill dirt.is needed to provide acceptable on-site storm water
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, storm water 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.
22. The applicant shall contact the Planning Division to arrange a Planning
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.
23. Transformers, backflow preventers, and any other approved above-
ground utility improvement shall be located outside of the required street
setback area and shall be screened from view, under direction of Planning
staff. Any deviation from this requirement shall be subject to review and
approval of the Development Services Director.
24. A comprehensive sign program shall be`submitted for all on-site signs (i.e.,
monument, directional, wall mounted) for review and approval of the
Development Services Director prior to issuance of building permits.
25. 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.
Eng. 26. 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. 27. Design and construct the improvements required for providing a signalized
access to the project site at the intersection of Bristol Street and Newport
Boulevard Northbound. The applicant will be responsible for procuring all
applicable permits and approvals from Caltrans and City of Costa Mesa
prior to beginning of construction.
Street 28. Trees within the 10 -foot landscape setback along the Bristol Street
Trees frontage shall complement the tabebuia avellanedae street trees required
to be planted within the public right-of-way per Code Requirement number
34. The applicant shall contact the City Arborist for preferred tree types
and additional information.
City 29. Prior to issuance of a building permit, applicant shall remit documentation
Atty. verifying the approval of: (a) Required encroachment permit from the
California Department of Transportation (Caltrans) and (b) Ground lease
from the Orange County Flood Control District. The Development
Services Director may modify/extend the timing of the required
submissions as necessary.
Ping. 30. The applicant shall submit a transition management plan to the satisfaction
Comm. of the Development Services Director that provides a cohesive plan for the
closure of the existing operation and opening of the project prior to
issuance of certificate of occupancy.
31. The applicant shall provide enhanced building treatment and materials on
the B Shed and Mill Shed elevations facing Bristol Street, subject to review
and approval by the Development Services Director.
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. 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.
3. Prior to issuance of building permits, applicant shall contact the US Postal
Service with regard to location and design of mail delivery facilities. Such
facilities shall be shown on the site plan, landscape plan, and/or floor plan.
4. Hours of construction shall comply with Section 13-279, Title 13, of the
Costa Mesa Municipal Code.
5. 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 and the City's Water Efficient Landscape Guidelines, 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.
6. Two (2) sets of landscape and irrigation plans, approved by the Planning
Division, shall be attached to two of the final building plan sets.
7. Ali on-site utility services shall be installed underground.
8. 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.
9. Any mechanical equipment such as air-conditioning equipment and duct
work shall be screened from view in a manner approved by the Planning
Division.
10. Prior to approval of plans, the project shall fulfill the City of Costa Mesa
Drainage Ordinance No. 06-19 requirements.
Bldg. 11. Comply with the requirements of the 2013 California Building Code, 2013
California Residential Code, 2013 California Electrical Code, 2013
California Mechanical Code, 2013 California Plumbing Code, 2013
California Green Building Standards Code and 2013 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.
12. Submit precise grading plans, an erosion control plan, and a hydrology
study.
13. Submit a soils report for this project. Soil's report recommendations shall
be blueprinted on both the architectural and grading plans.
14. On graded sites the top of exterior foundation shall extend above the
elevation of the street gutter at point of discharge or the inlet of an
approved discharge devise a minimum of 12 inches plus 2 percent. 2013
California Building Code Section 1808.7.4.
15. The ground immediately adjacent to the foundation shall be sloped away
from the building at a slope of not less than 5% for a minimum distance
of 10 feet measured perpendicular to the face of the wall per BCB Section
1804.3
16. All construction contractors shall comply with South Coast Air Quality
Management District (SCAQMD) regulations, including Rule 403, Fugitive
Dust. All grading (regardless of acreage) shall apply best available
control measures for fugitive dust in accordance with Rule 403. To ensure
that the project is in full compliance with applicable SCAQMD dust
regulations and that there is no nuisance impact off the site, the contractor
would implement each of the following:
a. Moisten soil not more than 15 minutes prior to moving soil or conduct
whatever watering is necessary to prevent visible dust emissions
from exceeding 100 feet in any direction.
b. Apply chemical stabilizers to disturbed surface areas (completed
grading areas) within five days of completing grading or apply dust
suppressants or vegetation sufficient to maintain a stabilized surface.
c. Water excavated soil piles hourly or covered with temporary
coverings.
d. Water exposed surfaces at least twice a day under calm conditions.
Water as often as needed on windy days when winds are less than
25 miles per day or during very dry weather in order to maintain a
surface crust and prevent the release of visible emissions from the
construction site.
e. Wash mud -covered tired and , under -carriages of trucks leaving
construction sites.
f. 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.
g. Securely cover loads with a tight fitting tarp on any truck leaving the
construction sites to dispose of debris.
h.. Cease grading during period when winds exceed 25 miles per hour.
Trans. 17. Construct all proposed driveway approaches to comply with city
standards.
18. 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. NOTE: The Traffic Impact Fee will be recalculated at the
time of issuance of building permit/certificate of occupancy based upon
any changes in the prevailing schedule of charges adopted by the City
Council and in effect at that time.
19. Fulfill San Joaquin Hills Transportation Corridor Fee Ordinance (if
applicable) at the time of issuance of building permit by submitting the
required fee to the Transportation Services Division. Note that the fee is
subject to revision and possible increase July 1 of each year.
20. Close unused drive approaches, or portion of, with full height curb and
gutter that comply with City Standards.
21. Delivery truck gate shall be designed to prevent trucks from backing up
onto Bristol Street.
Eng. .22. At the time of development submit for approval an offsite 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 registered civil
engineer or architect. Cross lot drainage shall not occur. 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 per
section 13-231 of the C.C.M.M.C. and an approved offsite plan shall be
required prior to engineering permits being issued by the City Of Costa
Mesa.
23. A construction access permit and deposit of $1,230.00 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.
24. Obtain a permit from the City of Costa Mesa, engineering division, at the
time of development and then construct P.C.C. driveway approaches per
City Of Costa Mesa standards as shown on the offsite plan. Location and
dimensions are subject to the approval of the transportation services
manager. ADA compliance required for all new driveway approaches.
25. Obtain a. permit from the City Of Costa Mesa, 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.
26. Fulfill City Of Costa Mesa Drainage Ordinance No. 06-19 requirements
prior to approval of plans.
27. Submit to the Engineering Division a storm runoff study showing existing
and proposed facilities and the method of draining this area and tributary
areas without exceeding the capacity of any street or drainage facility on-
site or off-site to the satisfaction of the city engineer. If possible, drain the
entire site directly to the flood control channel.
Fire 28. Provide (4) Class A fire hydrants at the direction of the Fire Department.
See Fire Prevention.
29. Flammable Fuel Storage and use shall comply with California Fire Code,
2013.
30. Provide fire sprinkler systems for all buildings per NFPA 13, 2013.
31. Provide Fire Department key access per CMFD standards.
32. Provide 12 inch address on building and at street. Address must be
visible form the street and contrast in color with its background.
33. A Fire Master Plan shall be approved by CMFD prior to formal building
submittal.
Street 34. Create not more than fifteen (15) — 4'X4' tree wells adjacent to curb and
Trees plant fifteen (15) 24" Box size Tabebuia avellanedae along Bristol Street.
SPECIAL DISTRICT REQUIREMENTS
The requirements of the following special districts are hereby forwarded to the applicant:
Sani. 1. Applicant will be required to construct sewers to serve this project, at his
own expense, meeting the approval of the Costa Mesa Sanitary District.
2. County Sanitation District fees, fixture fees, inspection fees, and sewer
permit are required prior to installation of sewer.
3. 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.
4. The applicant 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.
5. Applicant shall contact Costa Mesa Sanitary District at (949) 654-8400 for
any additional district requirements.
AQMD 6. 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.
Water 7. 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 8. Pay applicable Newport Mesa Unified School District fees to the Building
Division prior is issuance of building permits.
State 9. 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.
EXHIBIT C
MITIGATION MONITORING PROGRAM
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Table 4.A: Mitigation and Monitoring Reporting Program
Timing of Mitigation Responsible Part
Standard Conditions, Conditions of Approval, Best Management Practices, and Requirements
3.1 Aesthetics
No standard conditions, conditions of approval, or best management practices related to aesthetics would be required.
3.2 Agricultural & Forest Resources
No standard conditions, conditions of approval, or best management practices related to agriculture or forest resources would be required.
3.3 Air Quality
No standard conditions, conditions of approval, or best management practices related to air quality would be required.
3.4 Biological Resources
B-1: Compliance with Migratory Bird Treaty Act. If construction activities occur within the bird
Prior to the
City of Costa Mesa Director of
breeding season (February 15 through August 31), the Applicant (or its contractor) shall retain
commencement of
Community Development, or
a qualified biologist to conduct a pre -construction nesting bird survey no more than 30 days
grading activities
designee
prior to the start of construction_ The nesting survey shall include the Project site and areas
immediately adjacent to the site that could potentially be affected by Project activities such as
noise, human activity, and dust, etc. If active bird nests are found within 100 feet of the
designated construction area on the project site, the qualified biologist will establish an
appropriate buffer zone around the active nests, typically a 250 -foot radius for songbirds and a
500 -foot radius for raptors. Project activities shall be avoided'within the buffer zone until the
nest is deemed no longer active by the biologist. Weekly nesting surveys and biological
monitoring may be necessary if nesting birds are found on the project site.
Prior to commencement of grading activities and issuance of any building permits, the City of
Costa Mesa Director of Community Development, or designee, shall verify that all project
grading and construction plans include specific documentation regarding the Migratory Bird
Treaty Act (MBTA) requirements for a nesting bird survey should construction or grading
occur from February 15 through August 31, that preconstruction surveys have been completed
and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the
plans and established in the field with orange snow fencing.
B-2: Permitting for Drainage Impacts. Prior to the commencement of grading activities that may
Prior to the
United States Army Corps of
result in the placement of fill material into the potentially jurisdictional drainage feature on the
commencement of
Engineers; California
northern portion of the project site, the Applicant shall prepare and submit to the United States
grading activities
Department of Fish and
Army Corps of Engineers (USACE) for verification a "Preliminary Delineation Report for
Wildlife; Santa Ana Regional
Water of the United States" and a Streambed Alteration Notification package to the California
Water Quality Control Board
Department of Fish and Wildlife (CDFW) for the drainage feature. If these agencies determine
that the feature is not regulated under their jurisdiction, then no further mitigation is necessary.
However, if the USACE considers the feature to be jurisdictional, then a Clean Water Act
Section 404 permit shall be obtained from the USACE, and any permit conditions shall be
agreed to, prior to the start of grading activities in the affected area. If the CDFW determines
that the drainage is a regulated "streambed," then a Streambed Alteration Agreement shall be
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Timing of Mitigation
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entered into with the CDFW and any associated conditions shall be agreed to prior to the start
of grading activities in the affected area. If the USACE considers the feature to be
jurisdictional, the Applicant shall obtain a Water Quality Certification or waiver pursuant to
Section 401 of the CWA from the Santa Ana Regional Water Quality Control Board prior to
the start of grading activities in the affected area.
.3.5 Cultural Resources
CR -1: Archaeological Monitors. Prior to issuance of grading permits, and in adherence to the
Prior to the issuance of
City of Costa Mesa Director of
recommendations of the cultural resources survey, the Applicant shall retain a qualified
grading permits
Community Development
archaeological monitor, subject to review and approval by the City of Costa Mesa (City)
Department, or designee
Community Development Director, or designee. This monitor shall be present at the pregrade
conference in order to explain the cultural mitigation measures associated with the Proposed
Project. The monitor, in conjunction with the City and the Applicant will prepare a plan that
includes: (1) a description of circumstances that would result in the halting of work at the
project site (e.g., what is considered a "significant" archaeological site); (2) a description of
procedures for halting work on site and notification procedures; and (3) a description of
monitoring reporting procedures. If any significant historical resources, archaeological
resources, or human remains are found during monitoring, work shall stop within the
immediate vicinity (precise area to be determined by the archaeologist in the field) of the
resource until such time as the resource can be evaluated by an archaeologist and any other
appropriate individuals. Project personnel shall not collect or move any archaeological
materials or human remains and associated materials. To the extent feasible, project activities
shall avoid these deposits. Where avoidance is not feasible, the archaeological deposits shall
be evaluated for their eligibility for listing in the California Register of Historic Places. If the
deposits are not eligible, avoidance is not necessary. If the deposits are eligible, adverse effects
on the deposits must be avoided, or such effects must be mitigated. Mitigation can include, but
is not necessarily limited to, the following: excavation of the deposit in accordance with a data
recovery plan (see California Code of Regulations Title 4(3) Section 5126.4(b)(3)(C)) and
standard archaeological field methods and procedures; laboratory and technical analyses of
recovered archaeological materials; production of a report detailing the methods, findings, and
significance of the archaeological site and associated materials; curation of archaeological
materials at an appropriate facility for future research and/or display, an interpretive display of
recovered archaeological materials at a local school, museum, or library; and public lectures at
locat schools and/or historical societies on the findings and significance of the site and
recovered archaeological materials.
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Timing of Mitigation
Resonsible Party
CR -2: Paleontological Resources Impact Mitigation Program. If excavation activities associated
Prior to the issuance of
City of Costa Mesa Director of
with the Proposed Project are expected to extend below 10 feet, the Applicant shall retain a
grading permits
Community Development
qualified paleontologist, subject to the review and approval of the City of Costa Mesa's (City)
Department, or designee
Community Development Director, or designee, to prepare a Paleontological Resources
Impact Mitigation Program (PRIMP) for the Proposed Project prior to issuance of any grading
permits. The PRIMP shall be consistent with the guidelines of the Society of Vertebrate
Paleontology (SVP) and shall include, but not be limited to, the following:
• The paleontologist, or his/her representative, shall attend a preconstruction meeting.
• A qualified paleontological monitor working under the direction of an Orange County
certified paleontologist shall "spot check" grading within the project site. Initially, spot
checks are recommended for 2 to 3 hours twice per week during grading. If fossil
resources are noted during the spot check, the monitoring level shall be increased to full
time for the remaining duration of the grading.
• In the event that paleontological resources are encountered when a paleontological
monitor is not present, work in the immediate area of the find shall be redirected and the
paleontologist contacted to assess the find for scientific significance_ The paleontologist
shall make recommendations as to whether monitoring shall be required in these
sediments on a full-time basis.
• Collected resources shall be prepared to the point of identification and permanent
preservation. This includes washing and picking of mass samples to recover small
vertebrate and invertebrate fossils and removal of surplus sediment around larger
specimens to reduce the storage volurne for the repository and the storage cost for the
Applicant.
• Any collected resources shall be cataloged and curated into the permanent collections of
an accredited scientific institution.
At the conclusion of the monitoring program, a report of findings with an appended inventory
of specimens shall be prepared. When submitted to the City, the report and inventory shall
signify completion of the program to mitigate impacts to paleontological resources.
CR -3: Human Remains. If human remains of any kind are found during construction, the
In the event of the-
City of Costa Mesa Director of
requirements of California Environmental Quality Act (CEQA) Guidelines Section 15064.5(e)
accidental discovery
Community Development
and Assembly Bill (AB) 2641 shall be followed. According to these requirements, all
or recognition of any
Department, or designee
construction activities must cease immediately and the Orange County Coroner and a qualified
human remains in any
archaeologist must be notified. The Coroner will examine the remains and determine the next
location on the project
appropriate action based on his or her findings. If the Coroner determines the remains to be of
site during excavation
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Native American origin, he or she will notify the Native American Heritage Commission
or construction
(NAHC) within 24 hours. The NAHC will then identify the most likely descendants (MLD) to
activities
be consulted regarding treatment and/or reburial of the remains. If an MLD cannot be
identified, or the MLD fails to make a recommendation regarding the treatment of the remains
within 48 hours after gaining access to them, the Native American human remains and
associated grave goods shall be buried with appropriate dignity on the property in a location
not subject to further subsurface disturbance.
3.6 Geology. and Soils. . ..
No standard conditions, conditions of approval, or best management practices related to geology and soils would be required.
3.7 Greenhouse Gas Emissions
No standard conditions, conditions of approval, or best management practices related to greenhouse gas emissions would be required.
7-77777-777-7
3.8 Hazards and Hazardous Materials
Refer to Standard Conditions WQ-1 and WQ-2 below.
3.9 Hydrology and Water Quality
WQ-1: Construction General Permit. Prior to issuance of a grading permit, the Applicant shall
Prior to the issuance of
City of Costa Mesa Public
demonstrate to the City of Costa Mesa (City) Public Works Department that coverage has been
a grading permit
Works Director, or designee
obtained under California's General Permit for Storm Water Discharges Associated with
Construction and Land Disturbance Activities (Construction General Permit) by providing a
copy of the Notice of Intent (NOI). submitted to -the State Water Resources Control Board and
a copy of the subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number or other proof of filing. A copy of the current Storm Water Pollution
Prevention Program (SWPPP) required by the General Permit shall be kept at the project site
and be available for review by City representatives upon request.
WQ-2: Final Water Quality Management Plan. Prior -to issuance of a grading permit, the Applicant
Prior to the issuance of
City of Costa Mesa Public
shall submit a Final Water Quality Management Plan (WQMP) to the City Public Works
a grading permit
Works Director, or designee
Department for review and approval. Both Source Control best management practices (BMPs)
and Site Design BMPs designed to reduce impacts to water quality from operation of the
Proposed Project shall be identified in the Final WQMP.
3.10 Land Use/Planning.. .
No standard conditions, conditions of approval, or best management practices related to land use and planning would be re wired.
3.11 Mineral Resources .
No standard conditions, conditions of approval, or best management practices related to mineral resources would be required.
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Timin of Miti ration Responsible Party
3.12 Noise
NO1SEA: Short -Term Construction Related Noise Impacts. The following standard conditions are
required of all development within the City of Costa Mesa (City) and would reduce short-term
construction related noise impacts resulting from the Proposed Project:
• The Applicant's construction contractor shall limit all constriction -related activities to
between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No construction
activities shall be permitted outside of these hours or on Sundays and federal holidays.
During construction
activities
City of Costa Mesa'Director of
Community Development, or
designee
3.13 Population and Housing
No standard conditions, conditions of approval, or best management practices related to population and housing would be required.
3.14 Public Services and Utilities
No standard conditions, conditions of approval, or best management practices related to public services and utilities would be required.
3.15 Recreation
No standard conditions, conditions of approval, or best management practices related to recreation would be required.
3.16 Transportation/Traffic
No standard conditions, conditions of approval, or best management practices related to transportation/traffic would be required_
3.17 Utilities/Service Systems
No standard conditions, conditions of approval, or best management practices related to utilities/service systems would be required.
Mitigation Measures
3.1 Aesthetics
The Proposed Project would not result in significant adverse impacts related to aesthetics. No mitigation would he required.
3.2 Agricultural & Forest Resources
The Proposed Project would not result in significant adverse impacts related to agriculture or forest resources. No mitigation would be required.
3.3 Air Quality
The Proposed Project would not result in significant adverse impacts related to air quality. No mitigation would be required.
3.4 Biological Resources
The Proposed Project would not result in significant adverse impacts related to biological resources. No mitigation would be required.
3.5 Cultural Resources
The Proposed Project would not result in significant adverse impacts related to cultural resources. No mitigation would be required.
P:\C'C'M1401\draft ISMND\Draft ISMND.docx n01/21/15» _ 141
MITIGATED NEGATIVE DECLARATION
GANAHL HARDWARE STORE AND'LUMBER YARD
Table 4.A: Mitigation and Monitoring Reporting Program
o.o' andSo>�l fliming of Mit}i a
�j
GEO 1. Incorporation of and Compliance with the Recommendations in the Geotechnical f k1 i '
Report During j ty Prior to the
P g pro ect construction activities, the Ci of Costa Mesa (City)'s Community commencement of
Development Director, Director of Public Works, or
operations and codesignee, shall ensure that all grading grading activities
nstruction aze conducted in conformance with the recommendations included
in the Geotechnical Report prepared for the Proposed Project that has been prepared by G.A.
Nicoll., titled Geotechnical Investigation Report (June 13, 2014).
The Applicant shall require the project geotechnical consultant to assess whether the
requirements in the Preliminary Geotechnical Investigation need to be modified or refined to
address any changes in the project that occur prior to the start of grading. If the project
geotechnical consultant identifies modifications or refinements to the requirements, the
Applicant shall require appropriate changes to the final project design and specifications and
shall submit any revised geotechnical reports to the Land Development Section of the
Engineering Division, or designee, for approval prior to issuance of any,grading or
construction permits.
The Development Review Section of the Engineering Division, or designee, shall review
grading plans prior to the start of grading to verify that the requirements developed during the
geotechnical design evaluation have been appropriately incorporated into the project plans,
Design, grading, and construction shall be performed in accordance with the requirements of
the City's Building Code and the California Building Code (CBC) applicable at the time of
grading, as well as the recommendations of the project geotechnical consultant as summarized
in a final report subject to review by the City's Building Official, or designee, prior to the start
of grading activities. On-site inspection during grading shall be conducted by the project
geotechnical consultant and the Development Review Section of the Engineering Division to
ensure compliance with geotechnical specifications as incorporated into nroiect nlan.c
The Proposed Project would not result in significant adverse impacts related to
3`�k�a'LaY�sj�andrA'A7Artli�z'"M 7 Y �� _ r p greenhouse gas emissions No mitigation would be
b HF 4 dr.0 w ia'v �� xx. -
_.. _ ............ ... - - -., ....:.M •, ::....:.. .r nv t7;r,;, .3 x,._..., r �.acro.,nt� 4}•Ki + .Ga�,,�l i3:,Sd;:}r
HAZ 1: Contingency Plan. Prior to commencement of grading activities, the Director of the Orange'
County Environmental Health Division, or designee, shall review and approve a contingency
plan that addresses the procedures to be followed should on-site unknown hazards or
hazardous substances be encountered during demolition and construction activities. The plan
shall indicate that if construction workers encounter underground tanks, gases, odors,
uncontained spills, •or other unidentified substances, the contractor shall stop work, cordon off
the affected area, and notify the Costa Mesa Fire Department (CMFD). The CMFD responder
142
LSA ASSOCIATES. INC.
JANUARY 2015
City of Costa Mesa Building
Official, or designee
Prior to the Director of the Orange County
commencement of Environmental Health
grading activities Division, or designee
P:1CCM1401\Draft ISMNDTraft ISMND.docx 41/21/15»
a
I.SA ASSOC] APES. TNC.
IANt1AR,. 2015 MITIGATED NEGATIVE DECLARATION
CANAHL HARDWARE STORE. AND LUMBER YARD
Table 4.A: Mitigation and Monitoring Reporting Program
shall determine the next steps regarding possible site evacuation, sampling, and disposal of the
Timing of Mitigation
Responsible Par ty
_ substance consistent with local, State, and federal regulations.
HA7,2: Protection Against Landfill Gas Hazards. Prior to the issuance of -any grading permits, the
Applicant shall conduct a soil gas investigation on the site in
Prior to the issuance of
Directorofthe Orange County
project accordance with the
Orange County Fire Authority's Combustible Gas Hazard Mitigation Guidance to evaluate
any grading permits
Solid Waste Local
whether combustible landfill gas concerns exist on the project site. If the investigation
Enforcement Agency, or
designee; City of Costa Mesa
concludes that such concerns do not exist, no further mitigation is necessary. If the
investigation
Building Official, or designee
concludes that combustible landfill gases are present beneath the project site, the
Applicant shall coordinate with the Orange County Solid Waste Local Enforcement Agency
(LEA) to determine appropriate mitigation to protect the Proposed Project's structures from
combustible landfill gases, which may include the installation of systems designed to protect
against the accumulation of methane beneath structures, which may include passive ventilation
systems, flexible building membrane Iiners, landfill gas alanns, or other measures listed per
Section 20939, Title 27 California Code of Regulations in accordance with LEA
reconmlendations. If mitigation is required, the City of Costa Mesa's Building Official, or
designee, shall review the building and grading plans prior to the start of grading to verify that
the mitigation developed as a result of the combustible landfill gas evaluation has been
appropriately incorporated into the project plans. On-site inspection during grading and
construction shall be conducted by the City of Costa Mesa's Building Official, or designee, to
ensure compliance with the mitigation specifications, if any are required to be incorporated
into project plans.
Prior to the issuance of
IfAZ 3: Construction Staging and Traffic Control Plan. Prior to the issuance of any grading
pen -nits, the Applicant (or its contractor) Construction
City of Costa Mesa
shall prepare a Staging and Traffic
Control Plan for approval by the City of Costa Mesa (City) Transportation Services Manager,
any grading permits
Transportation Services
or designee, to ensure proper access to residences and businesses in the area by emergency
Manager, or designee
vehicles during construction and to maintain traffic flow prior to any lane closures:
The Construction Staging and Traffic Control Plan would also include the name and phone
number of a contact person who can be reached 24 hours a day regarding construction traffic
complaints or emergency situations. In addition, the Construction Staging and "Traffic Control
Plan shall take into account and be coordinated with other Construction Staging and Traffic
Control Plans that are in effect or have been proposed for other projects in the City of Costa
Mesa. The Construction Staging and Traffic Control Plan shall include, but not be limited to,
the following:
All emergency access to the project site and adjacent areas shall be kept clear and
unobstructed duriiall phases of construction. Flag persons shall be nrovided in 1
}':\C('M14(II\f)rafi ItiMNlllUraft ISMNf).docx «UI/21/15»
143
MITIGATED NEGATIVE DECLARATION
CANAHL HARDWARE STORE AND LUMBER YARD
Table 4.A: Mitigation and Monitoring Reporting Program
LSA ASSOCIATES, INC.
JANUARY 2015
144 PACCM 140 1 \Draft 1SMND\Draft ISMND.ducx «01/21/1>»
Timing of Mitigation
Responsible Party
numbers to minimize impacts to traffic flow and to ensure safe access into and out of the
site.
• Flag persons shall be trained to assist in emergency response by restricting or controlling
traffic movements that could interfere with emergency vehicle access.
• Construction vehicles, including construction personnel vehicles shall not park on public
streets
• Construction vehicles shall -not stage or queue where they would interfere with pedestrian
and vehicular traffic or block access to nearby businesses or residential areas.
If feasible, any traffic lane closures would be limited to off-peak traffic periods, as
approved by the City Transportation Services Department.
3.9 Hydrology and Water Quality
The Proposed Project would not result in significant adverse impacts related to hydrology and water quality. No mitigation would be required.
3.10 Land Use/Plannin
The Proposed Project would not result in significant adverse impacts related to land use/planning. No mitigation would be required.
3.11 Mineral Resources
The Proposed Project would not result in significant adverse impacts related to mineral resources. No mitigation would be required.
3.12 Noise
NOISE -1: Noise Reduction Features. Prior to the issuance of building permits for Building A, the
Applicant shall submit the building plans for review and approval by the City of Costa Mesa
.(City) Building Official, or designee, to ensure the building will be designed with closed
windows and an air conditioning system to reduce noise levels associated with traffic noise to
an acceptable level.
Prior to the issuance of
permits for Building A
City of Costa Mesa (City)
Building Official, or designee
3.13 Population and Rousing
The Proposed Project would not result in significant adverse impacts related to population or housing. No mitigation would be required.
.3.14 Public Services and•iltilities : ; : ,.:•, .::, ; ;;
The Proposed Project would not result in significant adverse impacts related to public services or utilities. No mitigation would be required.
3.15 Recreation:..
The Proposed Project would not result in significant adverse impacts related to recreation. No mitigation would be required.
3.16 Trans ortation/Traffle
Refei to Mitigation Measure HAZ-3 above.
3.17 Utilities/Service Systems s..
The Proposed Project would not result in significant adverse impacts related to utilities/service systems. No mitigation would be required.
144 PACCM 140 1 \Draft 1SMND\Draft ISMND.ducx «01/21/1>»
EXHIBIT D
RESPONSES TO COMMENTS
L!LSA ASSOCIATES, INC.,S
S A 20 EXECUTIVE PARK, SUITE 200
[RvrNE, CALIFORNIA 92614
MEMORANDUM
DATE: February 23, 2015
BERKELEY FRESNO RIVERSIDE
949,533.0666 TEL CARLSBAD PALM SPRINGS ROCKLIN
949.533-8076 FAX FORT COLLINS PT. RICHMOND SAN LUIS OBISPO
To: Mel Lee, AICP, Senior Planner, City of Costa Mesa
CC: Claire L. Flynn, AICP, Assistant Development Services Director, City of Costa Mesa
FROM. Ryan Bensley, Senior Environmental Planner, LSA Associates, Inc.
SUe.rECr Responses to Additional Continents on the Initial Study/Mitigated Negative
Declaration Prepared for the Ganahl Lumber Hardware Store and Lumber Yard
Project (Planning Application No, PA -1440)
Following the distribution of a Supplemental Memorandum to the Planning Commission on Friday,
February 20, 2015, the City of Costa Mesa (City) received one additional comment letter regarding
the Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Ganahl Lumber Hardware
Store and Lumber Yard Project (proposed project). The purpose of this supplemental memorandum is
to address this additional comment letter regarding the environmental information and analyses
contained in the Drag ISAi IND.
As required by the California Environmental Quality Act (CEQA) Guidelines (State CEQA
Guidelines) Section 15087, a Notice of Completion (NOC) of the Draft IS/MND for the proposed
project was filed with the State Clearinghouse on January 22, 2015, and the Notice of Intent (NOI) to
Adopt an MND was filed with the County of Orange (County) Clerk on January 23, 2015.
The Draft IS/MND was circulated for public review for a period of 30 days, from January 23, 2015,
to February 22, 2015. The NOI andlor copies of the Draft IS/MND were distributed to all Responsible
Agencies and to the State Clearinghouse in addition to various public agencies, citizen groups, and
interested individuals. Copies of the Draft IS/1VIND were also made available for public review at the,
City's Public Counter, the Mesa Verde Library, and the Costa Mesa/Donald Dungan Library, and on
the City's website.
As described in CEQA Guidelines Section 15074(b), "[p]rior to approving a project, the decision-
making body of the lead agency [in this case, the City's Planning Commission], shall consider the
proposed... mitigated negative declaration together with any comments received during the public
review process. The decision-making body shall adopt the proposed... mitigated negative declaration
only if it finds on the basis of the whole record before it (including the initial study and any comments
received), that there is no substantial evidence that the project will have a significant effect on the
environment and that the... mitigated negative declaration reflects the lead agency's independent
judgment and analysis."
Although the City is not required by CEQA to respond to the comments submitted on the Draft
IS/1VIND, a summary of each comment is provided below along with a draft response.
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Comments.doe)
1072 Bristol Partners, LP I-1
1072 Bristol Street, Suite 100
Costa Mesa, CA 92626
February 19, 2015
VIA E-MAIL &c FACSIMILE
Claire Flynn, Asst, Development Services Director
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628
Re: Comment to Initial Study/Mitigated Negative Declaration for the
proposed Ganahl Lumber Project
Dear Ms. Flynn:
I am an owner representative of the ownership of 1072 Bristol Street. Our
property is across Bristol from the proposed Mega Ganahl Lumber project.
We are not being provided with adequate information about this giant project right
across the street. What is referred to as "The Initial Study/Mitigated Negative
Declaration" does not come close to addressing the many impacts of the Mega Ganahl. A
great deal of it is false. What remains is inadequate. The "conclusions" asserted are not
made in good faith,
The "analysis" regarding land use is based on many wrong assumptions. A
fundamental wrong assumption is that the Mega Ganahl is permitted under the City's I-1-3
zoning. It does not come close.
The traffic "analysis" is also totally inadequate and seems to be purposefully so. It
fails to address the traffic impacts on the south side of Bristol.
The aesthetics aesthetics "analysis" is also not adequate. 1 I-1-5
S' rely,
Joseph E. Miller
1460456.1
1.SA a.i:i0C'I k I'L'i. INC
1072 BRISTOL PARTNERS, LP
LETTER CODE: I-1
DATE: February 19, 2015
RESPONSE I-1-1
This comment explains that the commenter represents 1072 Bristol Partners, LP, the owner of 1072
Bristol Street, which is located across Bristol from the project site.
Comment noted.
RESPONSE I-1-2
This continent claims that the Draft Initial Study/Mitigated Negative Declaration (IS/NIND) does not
contain adequate information about the proposed project, fails to address the proposed project's
environmental impacts, and contains false information.
The commenter appears to suggest that the proposed project would result in impacts related to
environmental topic areas without providing any basis for their claims. The commenter also appears
to be unfamiliar with the CEQA-mandated scope of environmental review and the concept of
thresholds of significance.
In accordance with CEQA Guidelines Section 1.5204(c), [r]eviewers should explain the basis for their
comments, and should submit data or references offeringfacO, reasonable assumptions based on
facts, or expert opinion st pported by facts in support of the comments. CEQA Guidelines Section
15204(c) also states that effects shall not be considered significant in the absence of substantial
evidence. Therefore, because the commenter fails to provide any facts or evidence in support of the
claims included in their comments, such comments are considered to be personal opinions and no
further response is required by the City. .
As described on page 1 of the Draft IS/1bIND, "[t]he purpose of this initial Study (IS)/Mitigated
Negative Declaration (MND) is to evaluate the potential environmental impacts that would occur as a
result of construction and the subsequent operation of the Ganahl Hardware Store and Lumber
Yard...," as required by CEQA. Pursuant to CEQA Guidelines Section 15382, a "significant impact"
or "significant effect" means "a substantial, or potentially substantial, adverse change in any of the
physical conditions within the area affected by the project." For each environmental impact issue
analyzed, the Draft IS/MND includes a detailed explanation of the existing conditions, thresholds of
significance that will be applied to determine whether the project's impacts are significant or less than
significant, analysis of the environmental impacts against established thresholds, and a determination
of whether the project would have a significant impact if implemented.
A proper understanding and application of thresholds of significance is an essential part of the CEQA
process. Thresholds of significance are identifiable quantitative, qualitative, or performance level
metrics for a particular environmental effect, which form the basis of conclusions of significance in
the Dram IS/MND. While public agencies in California are free to adopt their own significance
2123115 (C �Users\LEE_h{lAppOatatLocal\;Microsoft\Windows\Temporary Intern -tet Files\Content.OutlookLVAZIGDWNResponse to 1072 Bristol 3
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1_i•\ .iiiJCI%Tlii. INC.
thresholds, most agencies, including the City of Costa Mesa, rely on the significance thresholds
included in Appendix G of the State CEQA Guidelines. In addition, the City has adopted its own
format for Initial Study and Initial Study Checklist forms. For each environmental topic analyzed in
the Draft IS/MND, the measured impacts of the project were evaluated against the significance
thresholds for that topic. In this manner, the Draft IS/MNI D presented a qualitative or quantitative
impact discussion for each applicable environmental topic.
The Draft ISlMND was prepared in a manner consistent with professional industry standards. Chapter
2.0, Project Description, of the Draft IS/MND contains a detailed description of the proposed
project's various design elements, including the height and square footage of the proposed project's
structures, floorplans, elevations, and renderings, and information regarding the operational
characteristics of the proposed project.
This comment does not explain the basis for their claim that the Draft IS/ti[ND contains false
information. Therefore, the City is unable to respond to the commenter's claims regarding the alleged
inclusion of false information in the document.
RESPONSE I-1-3
This comment asserts that the land use analysis in the Draft IS/1VfND is based on many wrong
assumptions and claims that the proposed project is not permitted under the City's Zoning Ordinance.
As described in Section 3.10, Land Use/Planning, of the Draft IS/MND, the Zoning Ordinance
designation for theproject site is C1 (Local Business). The C1 zoning designation allows for a variety
of commercial and industrial land uses, including hardware stores and the retail sale of building
supplies, which are applicable to the proposed project.
Further, as described in Table 3.10.A of the Draft IS/MIND, the proposed project would be consistent
with all applicable City development standards set forth in the City's Zoning Ordinance for the Cl
zoning designation; however, as described in Table 3.I0.A, the proposed project would require
variances from the maximum height limit of two stories/30 feet in the Cl zone to allow a maximum
height of 41 feet related to the elevator/stairwell overrun, and 34 feet for the solar roof canopy, B
Shed, and the roof -deck parking level. In addition, a Planned Sign Program would be required to
allow a proposed sign height of 25 feet, which is higher than the maximum 12 -foot height allowed by
the development standards contained in the City's Zoning Ordinance. With approval of such
variances, the proposed project would be consistent with the City's Zoning Code.
The proposed project would be a compatible use subject to a Conditional Use Permit (CUP) that
would allow for a hardware store and outdoor storage yard in an area zoned for commercial uses.
These uses are similar to the uses at the existing Ganahl hardware store and lumber yard adjacent to
the project site. With approval of the CUP and Development Review, the proposed project would be
consistent with applicable goals and policies outlined in the City's General Plan and development
standards outlined in the City's Zoning Code. Therefore, implementation of the proposed project
would not result in conflicts with any applicable land use plan, policy, or regulation applicable to the
project.
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L.iA 'i>i0C'IACF1. 14t_
This comment does not explain the basis for their claim that the land use analysis in the Draft
IS/MND is based on wrong assumptions. Therefore, _the City is unable to respond to the commenter's
claims regarding the assumptions in the document.
RESPONSE I-1-4
This comment claims that the traffic analysis in the Draft IS/MND is intentionally inadequate and
fails to address the traffic impacts on the south side of Bristol Street.
Section 3.16, Transportation/Traffic, of the Draft IS/MND analyzes whether the proposed project
would result in significant environmental impacts related to traffic and transportation. As described
above in the Response to Comment I-1-2, the environmental impact analysis contained in the Draft
IS/MND is based on the thresholds included in Appendix G of the State CEQA Guidelines. Other
than claiming that the traffic analysis fails to address the traffic impacts on the south side of Bristol
Street, this -comment fails to explain why the analysis included in Section 3.16 of the Draft ISA/M
is inadequate. The traffic analysis evaluated traffic impacts at three existing study intersections along
Bristol Street (Southbound Newport Boulevard at Bristol Street, Northbound Newport Boulevard at
Bristol Street, and Red Hill Avenue/Santa Ana Avenue at Bristol Street). These key locations were
selected for evaluation based on discussions with City staff and inconsideration of the Orange
County Congestion Management Program. The traffic impact analysis considered potential increases
in traffic volumes and delay at each of the legs of the study intersections. Therefore, the impact
analysis considered the potential for traffic impacts to occur along both northbound and southbound
Bristol Street in the vicinity of the project site.
RESPONSE I-1-5
This comment asserts that the aesthetics analysis contained in the Draft IS/1VIND is inadequate.
Section 3.1, Aesthetics, of the Draft ISNIND analyzes whether the proposed project would result in
significant environmental impacts related to aesthetics, including scenic vistas, scenic resources,
visual character, or light or glare sources. As described above in the Response to Comment I-1-2, the
environmental impact analysis contained in the Draft IS/MND is based on the thresholds included in
Appendix G of the State CEQA Guidelines, This comment fails to explain why the analysis included
in Section 3.1 of the Draft IS/MND is inadequate. No further response is required.
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EXHIBIT E
OBJECTIONS TO PROJECT
are
+'
S)'�
YJj':er=
PALM IfRI. TYLER, WIENER. WILHEDA &-WALDRON-
ANCELO J. PALMIERI 11925•t99R)
ROBERT F WALDRON (1927.1900)
MICHAEL J, GREENE'
RYAN M EASTER
DENNIS W. SWAN'
ELISE M KERN
DAVID 0. PARR'
MELISA R. PEREZ
CHARLES H. KANTER'
MICHAEL 1. KENDE
PATRICK A HENNESSEY.
CHADWICK C. BUNCH
DON FISHER
ANISH J. BANKER
GREGORY N WEILER
RYAN M. PRAGER
WARREN A. WILLIAMS
ERIN BALSAAA NADERI
JOHN R. LISTER
ERICA AL SOROSKY
MICHAEL H LEIFER
JERAG BELTZ
SCOTT R. CARPENTER
CANDICE L LEE
RICHARD A. SALUS
MICHAEL P. BURNS
NORMAN J. RODICH
JOSHUA J. MARX
RONALD M COLE
. • ERIN K. OVAMA
MICHAEL L WANGELO
STEVEN R. GUESS
STEPHEN A. $CHECK
KATHERINE M. HARRISON
DONNA L. SNOW
BRIAN GLICKLIN
ALAN H. WIENER',
OF COUNSEL
ROBERT C. IHRKE, OF COUNSEL
MICHAEL O. CHO,
OF COUNSEL
JAMES E. WILHELM RETIRED
DENNIS G. TYLER', RETIRED
'A PROYEA310MAL CORPOR.TIOM
VIA EMAIL
Planning Commissioners
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92628
2603 MAIN STREET
EAST TOWER — SUITE 1300
IRVINE, CALIFORNIA 92614-4281
(949) 851-9400
WWW.PtWWW.00M
February 23, 2015
Re: Objection to the Proposed Ganahl Lumber Project
Dear Honorable Members of the Costa Mesa Planning Commission:
P O. BOX 19712
IRVINE, CA 92623.9712
WRITER'S DIRECT
DIAL NUMBER
(949) W-7294
WRITER'S DIRECT
FACSIMILE NUMBER
(949) 825.5411
FIRM'S DIRECT
FACSIMILE NUMBERS
(949) 851-1554
(949) 757.1225
mletrer@p(www.com
REFER TO FILE NO.
36650.003
This office represents the .ownership of the 1072 Bristol Street property --1072
Bristol Street Partners, LP (1072 Bristol).
1072 Bristol objects to the proposed very large Ganahl Lumber Project directly
across Bristol, We request that this letter be included in the administrative record for this
project.
The public has not been provided correct or adequate information about this mega -
lumberyard project. In reviewing the Staff Report, the Staff Report omits material and
fundamental information. Further, it lacks analysis and support. In many areas, the
words that are strung together are bureaucratese. The mega Ganahl simply does not
comply with the City's Zoning Code.
This Planning Commission is required to apply the Zoning Code even if it receives
an inadequate Staff report. The number of years a company has been in business is no
1461597.3
PALMIER(, TYLER. WIENER. WILHELM &WALDRON
Planning Commissioners
February`23, 2015
Page 2
justification for non-compliance with a request to build a mega project (as the Staff
Report ridiculously seems to suggest).
Here, this applicant is seeking to be excused from compliance with nearly all of
the requirements of the Zoning Code. The use is not permitted in the zone. The buildings
proposed are far too big. There is woefully insufficient parking and the buildings are too
close to the street.
Staff seems to focus the Ganahl business as a justification for wholesale
noncompliance with the City's code. There is no "likeability" exception. The City cannot
award a privilege or series of privileges to the applicant.
This applicant is requesting that the Planning Commission approve a project that
requires the City to essentially disregard the Zoning Code, while there is a pretense of
compliance.
Based upon the actual requirements of the City's Zoning Code, this is not a close
call. The proposed Ganahl mega lumber yard project should be denied.
1.. The lumber yard proiect does not comply with the City's C1 Zoning.
Without any analysis, the Initial Study/Mitigated Negative Declaration for this
project and the Staff Report claim. that the proposed lumber yard complies with the City's
Cl zoning. It does not even come close.
This is a lumber yard. Ganahl Lumber is a lumber company. It is a lumber and
building materials dealer. A significant component of the project is a request for a
sawmill. A retail use under the zoning code does not include or allow lumber yards or
sawmills.
The Initial Study/Mitigated Negative Declaration spins the project as a "hybrid"
use. There is no "hybrid" use in the Municipal Code.
At best, the Ganahl lumber yard mega project is a lumber yard with an ancillary
retail use --not the other way around. This is evident by the proposed site configuration
and design and the building layout.
It is evident by the proposed location and distribution of parking. Retail uses do
not provide a significant number of parking spaces behind guard gates or on a roof of a
1461587.3
PALMI ERI, TYLER. WIENER, WILHELM &WALDRON �
Planning Commissioners
February 23, 2015
Page 3
building. There are less than 50 surface parking spaces that are not behind guard gates
for a 65,263 square -foot "retail" building. That is a parking ratio of .75 spaces for every
1,000 square -feet of the "retail" building --a far cry from the City's 4 spaces for every
1,000 square -feet of retail requirement (this ratio is even more egregious when
considering the rest of the proposed buildings in the calculation).
Further, the Staff Report admits that the City's Municipal Code does not provide a
parking requirement for lumber yards. (Staff Report, p. 13.) This proves that this is not
retail --this is a lumber yard. A lumber yard is not permitted.
2. The Staff Report does not inform the Planning Commission of the proposed
modifications to be made to Bristol that will impact access to the nronerties
One of the aspects of Ganahl's mega lumber yard project that is completely absent
from the Staff Report (and the conditions of approval) are the proposed changes to be
made to Bristol.
The Initial Study/Mitigated Negative Declaration provides some information
regarding the modifications. Even then, the information provided lacks detail and
analysis.
From the little information provided, the Ganahl lumber yard project will make
significant modifications to Bristol in order to accommodate the two new entrances to the
Ganahl property.
instead of taking access from the existing curb -cut at the middle of the property,
Ganahl is proposing two new access points on Bristol. To provide access to those two
new proposed access points, there will be modifications made to Bristol (changes to the
Newport Blvd./Bristol intersection and a dedicated left -turn in to the new driveway at the
east end of the property from Bristol).
Those modifications will negatively impact access to the properties on the south
side of Bristol including the 1072 Bristol property for vehicles travelling west on Bristol.
Yet, no information was provided in the Staff Report of these modifications and neither
14615&7.3
PALMIERI.TYLER, WIENER, WILHELtM &WALDRON�
Planning Commissioners
February 23, 2015
Page 4
the Staff Report or the Initial Study/Mitigated Negative Declaration analyze or discuss
the impacts to the properties opposite the proposed Ganahl lumber yard site.
3. The aroiposed building setback variance does not comply with the Zoning
Code requirements for a variance.
This project requests a very large variance from the building setback requirements
in the Zoning Code. The variance is not justified. There are no special circumstances to
justify this significant of a variance. Approving a variance here would provide a
privilege to Ganahl. The proposed variance is inconsistent with other properties in the
area. As such, the Planning Commission cannot make the required findings.
The Staff Report attempts to justify the variance from the setback requirements by
comparing the proposed project to the 1072 Bristol property and the property located at
1182 Bristol Street claiming that both of these properties have less than the 20 foot
landscape requirement. (Staff Report, p. 10.)
. The comparison fails for a number of reasons. One of the more significant reasons
is the amount of building that is being proposed in the setback area. The comparison
properties -(1072 and 1182) each have less than 50 lineal feet of building in the required
setback area. The Ganahl project plans to put nearly 450 lineal feet of building (without
any break), a building that is already oversized (proposed with an objectionable height
variance), in the required setback area. AIlowing a height variance and a setback
variance. for a building with a use not allowed by the C-1 zoning, spanning nearly four -
and -a -half football fields of frontage on Bristol is not comparable to the 1072 and 1182
Bristol properties.
4. The proposed height variance does not comply with the Zoning Code
reaairements for a variance.
The requested variance from the height standards is not justified. There are no
special circumstances requiring the variance. Rather, the "special circumstance" cited by
the Staff Report is the use that is not permitted by the Zoning Code.
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PALM[ERI. TYLER, WIENER, WILHELM &-WALDRON �4
Planning Commissioners
February 23, 2015
Page 5
Further, the condition of approval that provides that the B -shed, that requires a
height variance, can later install "rooftop solar canopies" that will increase the height of
the B -Shed even further, through a simple approval from the Development Services
Director is also not supported.
5. Approval of the signage that doubles the height allowed by Zoning Code
provides a privilege to Ganahl.
There is no justification for the Planned Sign Program that proposes to approve a
24 -foot high freestanding sign --a 100 percent increase from what is allowably by the City
Code. ,The Staff Report's claim that the approval "will not constitute a grant of special
privilege or allow substantially greater overall visibility" is without support.
6. The Staff Report does not explain what the CUP is required for. 'There is my
evidence to support the approval of the proposed CUP.
Generally, a_ Staff Report will clearly state what use requires a. CUP. Here, the
Staff Report makes no such statement. The use proposed for the CUP is not permitted in
the C 1 zone. There is no analysis of the "CUP" sought. There are no real conditions of
approval being applied to the use proposed.
7. The parking analysis does not make sense.
As discussed above, the parking discussion demonstrates that the proposed use is a
lumber yard --not retail. If this was a retail use, the parking requirements would be much
greater -4 parking spaces for every 1,000 square -feet of building.
Further, the discussion of the number of parking spaces provided on-site is
misleading. While the project proposes 286 parking spaces, there is no discussion of the
location of those spaces. For example, it appears that nearly 60 spaces are behind gates.
108 of the spaces are on the roof of the building. As a condition of approval, the
employees are to exclusively use the roof parking. (Staff Report, p..13.) Elsewhere the
Staff Report discusses that the "proposed facility would employ approximately 120
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PALMIERI, TYLER, WIENER. WILHELM &-WALDRON �
Planning Commissioners
February 23, 2015
Page 6
employees at full capacity..." (Staff Report, p. 7.) This means that all of the roof
parking would be taken by employees with some spilling over to the surface parking
spaces. As discussed above, that means that there are really less than 50 parking spaces
available for customers for the 99,516 square -feet of building in this project.
8. The Ganahl Proiect does not comply with the FAR requirements of the
Zoning Code.
The proposed project does not comply with the FAR requirements. In an attempt
to claim the project complies, the Staff Report includes a footnote explaining that the
FAR calculation does not include the 6,672 square -foot "Pole Shed" because the "Pole
Shed" is not an enclosed buildings, The Zoning Code does not provide such an exception
to the FAR calculation.
9. The Initial Study/Mitigated Negative Declaration does not consider the real
impacts of the iproiect.
The Initial Study/Mitigated Negative Declaration is deficient. Its analysis is
premised on the application of an incorrect zoning assumption --that the proposed project
complies with the C-1 zoning. It does not consider the impacts to access to properties on
the south side of Bristol caused by the project's proposed modifications to Bristol. It does
not consider the light and glare impacts caused by the numerous reflective surfaces being
added.
10. Conclusion.
To approve this proposed project would relieve Ganahl lumber of virtually all of
the requirements of the Zoning Code that are applied, on a regular basis, to other property
owners and users. The Ganahl lumber yard project cannot exist here. It is too big. It is
too close to the street. There is no evidence to support the deviation from the Zoning
Code.
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PALAMERI. TYLER, WIENER, WILKELM &WALDRON
Planning Commissioners
February 23, 2015
Page 7
1072 Bristol Partners requests that the Planning Commission not adopt the Initial
Study/Mitigated Negative Declaration and deny the Ganahl Lumber application.
Very tit lj-�y ours,
MHL:ebn
cc: Brenda Green, City Clerk
Mel Lee, Senior Planner
1461587.3