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HomeMy WebLinkAbout02-03 - Approving Minor CUP ZA-01-38RESOLUTION NO. 02-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT ZA-01-38. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Chip Cox, for James R. Lewis, property owner, with respect to the real property located at 917 West 18th Street, requesting a minor conditional use permit to allow an impound yard for a towing business within the MG (General Industrial) zoning district; and, WHEREAS, on August 23, 2001, the Zoning Administrator approved Minor Conditional Use Permit ZA-01-38, subject to conditions; and, WHEREAS, an appeal of the Zoning Administrator's decision to approve Minor Conditional Use Permit ZA-01-38 was submitted by a Planning Commissioner on August 28, 2001; and, WHEREAS, after notice of public hearing to consider the request, the Planning Commission approved the Minor Conditional Use Permit on October 8, 2001; and WHEREAS, the item was appealed to the City Council on October 15, 2001, and a duly noticed public hearing was held by the City Council on January 7, 2002; NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", subject to conditions contained in Exhibit "B", the City Council of the City of Costa Mesa hereby APPROVES Minor Conditional Use Permit ZA-01-38 with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the Staff Report for Minor Conditional Use Permit ZA-01-38 and upon applicant's compliance with each and all of the conditions contained in Exhibit "B". Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. PASSED AND ADOPTED this 7th day of January, 2002. ATTEST: f 1 Deputy City lerk of the City of Costa Mesa Mayor of the City of Costa Mesa STATE OF CALIFORNIA) APPROVED AS TO FORM COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) �"</_ /I CITY AT RNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. 02-3 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 7" day of January, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 81h day of January, 2002. Deputy Cit Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. ZA-01-38 The information presented substantially complies with Section 13-29(g)(2) of the Costa Mesa Municipal Code in that: a. The proposal to allow an impound yard at this location, as conditioned, is substantially compatible with developments in the same general area. Properties to the east and south contain a recently approved (1997) auto towing business and impound yard, and the property to the west is industrial. b. Granting the minor conditional use permit, as conditioned, will not be detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity. Specifically, the project has been designed to buffer residents to the north and south from visual and noise impacts by limitation on the hours of operation, removal of vehicular access to West 18th Street, and landscape and block wall screening. C. Granting the minor conditional use permit, as conditioned, will not allow a use, density or intensity which is not in accordance with the general plan designation for the property. The proposed improvements can be easily modified or removed to accommodate uses other than industrial if rezoning and General Plan amendment were to occur in the future. 2. The proposed project complies with Costa Mesa Municipal Code Section 13-29 (e) because: a. The proposed development and use is compatible and harmonious with uses both on-site as well as those on surrounding properties. b. Safety and compatibility of the design of the parking area, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. C. The proposed project complies with applicable performance standards prescribed in the Zoning Code; d. The project is consistent with the General Plan. The General Plan designation is Light Industry. e. The planning application is for a project -specific case and does not establish a precedent for future development. f. The cumulative effects of all past and present planning applications have been considered for both the subject property and surrounding properties. Although the proposal represents expansion of a relatively new auto towing and impound business, increased impacts on nearby residential developments will be minimized by the proposed design, including hours limitations, access, block wall, and landscaping. 3. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental APPL. ZA-01-38 procedures, and has been found to be exempt from CEQA. 4. The project is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. ZA-01-38 Ping 1. The minor conditional use permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more. The conditional use permit may . be referred to the Planning Commission for modification or revocation at any time if the conditions of approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the development services director or his designee, any of the findings upon which the approval was based are no longer applicable. 2. Wall treatment along West 18th Street shall match adjacent buildings to the east. 3. Construction, grading, materials delivery, equipment operation or other noise -generating activity shall be limited to between...the hours of 8 a.m. and 7 p.m., daily. 4. Hours of operation shall be limited to 7 a.m. to 9 p.m., Monday through Friday and 8 a.m. to 9 p.m. Saturday and Sunday 5. Cars towed to the site between 9 p.m. and 7 a.m. Monday through Friday and between 9 p.m. and 8 a.m. Saturday and Sunday shall be temporarily stored on the adjacent property to the east between the maintenance building and carport wall and the administration building. 6. The subject property's ultimate finished grade level may not be filled/raised in excess of 30" above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable onsite stormwater flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public stormwater facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall continuously be maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties. 7. The conditions of approval and ordinance or code provisions of the minor conditional use permit ZA-01-38 shall be blueprinted on the face of the site plan as part of the plan check submittal. 8. The applicant shall contact the Planning Division to arrange for a Planning inspection of the site prior to the release of occupancy. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 9. The site shall be used for vehicle storage purposes only. No other work Eng Tran APPL. ZA-01-38 including, but not limited to, repair and dismantling shall be conducted on- site. 10. The site shall be used for storage of impounded vehicles only; it shall not be used for the storage of wrecked or dismantled vehicles. 1 1 . No motor vehicle sales of any type may occur at this property. 12. Security lighting shall be provided under the direction of the Planning Division. Lighting shall be designed and placed to prevent spillover onto residential properties. 13. Existing mature trees shall be retained wherever possible. Should it be necessary to remove existing trees, the applicant shall submit a written request and justification to the Planning Division. A report from a California licenses arborist may be required as part of the justification. Replacement. trees shall be of a size consistent with trees to be removed and may be required on a 1 to 1 basis. This condition shall be completed under the direction of the Planning Division. 14. Transformers, backflow preventers, and any other above -ground utility improvements, shall be located outside of the required street setback area and shall be screened from view, under the direction of Planning staff. 15. During construction, 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. 16. Close unused drive approach with. full height curb and gutter. 17. Remove mailboxes adjacent to westerly drive approach on West 18th Street. 18. No structure shall be allowed on the property. 19. The block wall and landscaping shall be a continuation of the existing block wall and landscaping, with no palm trees used. 20. The property owner shall work with staff to review the use of the pervious concrete for surfacing of the property. APPL. ZA-01-38 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. Approval of the Zoning Action is valid for one (1) year and will expire at the end of that period unless building permits are obtained and business commences, or the applicant applies for and is granted an extension of time. 2. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections will not be granted until all such licenses have been obtained. 3. All on-site utility services shall be installed underground. 4. Four (4) sets of detailed landscape and irrigation plans shall be required as part of the project plan check review and approval process. Three (3) sets shall be provided to the representative water agency and one (1) set shall be submitted to the Planning Division for review. Plans shall be approved by the water agency with two (2) approved sets forwarded by the applicant to the Planning Division for final approval prior to issuance of building permits. 5. Two (2) sets of landscape and irrigation plans, approved by both the water agency and the Planning Division, shall be attached to two of the final building plan sets. 6. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-103 through 13-108 as well as irrigation requirements set forth by the water agency. Consult with the representative water agency Mesa Consolidated Water District, Ray Barela — (949) 631-1291 for requirements. 7. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 8. Towed and impounded vehicles shall be completely enclosed within the confines of the storage facility and -,not upon the public right-of-way. 9. The business shall be operated in compliance with all applicable portions of Costa Mesa Municipal Code Section 9-283. Bldg. 10. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". 11.. Prior to issuance of any building permits, applicant shall submit a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural and non-structural Best Management Practices (BMPs) outlined in the countywide National Pollution Discharge Elimination System (NPDES) Drainage Area Management Plan (DAMP), Appendix G. The WQMP shall detail APPL. ZA-01-38 implementation of BMPs not dependent on specific land uses, for review and approval by the Development Services Department. Park. 12. Street trees in the front setback shall meet with the approval of the parks and parkways division. Street trees shall be Liquidombar Styraciflua, 15 -gallon minimum size, spaced at 30' on center. Fire 13 Provide pedestrian access for fire personnel from 18th Street. See Fire Prevention. Eng. 14. • At the time of development submit for approval an off-site plan to the Engineering Division and grading plan to the Building Division that shows sewer, water, existing parkway improvements and the limits of work on the site, both prepared by a civil engineer or architect. Construction access approval must be obtained prior to building or engineering permits being issued by the City of Costa Mesa. Pay offsite plan check fee to the Engineering Division. An approved offsite plan and fee shall be required prior to engineering/utility permits being issued by the City. 15. A construction access permit and deposit of $500 for street sweeping will be required by the Engineering Division prior to the start of any on - or off-site work. , 16. Submit required cash deposit or surety bond to guarantee construction of offsite street improvements at time of permit per Costa Mesa Municipal Code Section 15-32, and as approved by City engineer. Cash deposit or surety bond amount to be determined by the City engineer. 17. Obtain a permit from the Engineering Division, at the time of development and then construct P.C.C. commercial sidewalk per City of Costa Mesa standards as shown on the offsite plan, including four (4) feet clear around obstructions in the sidewalk. 18. Obtain a permit from the Engineering Division at the time of development and then construct parkway drain per City of Costa Mesa standards as shown on the offsite plan. Location and dimensions are subject to the approval of the City Engineer. 19. Obtain a permit from the Engineering Division, at the time of development and then remove any existing driveways and/or curb depressions that will not be used and replace with full height curb and sidewalk at applicant's expense. 20. Private on-site drainage facilities and parkway culverts or drains will not be maintained by the City of Costa Mesa; they shall be maintained by the owner or developer of the property. 21. Applicant is informed that 18th Street is under a "no open cut" moratorium until December 18, 2005. Cutting into the street pavement will only be approved by the City Engineer with special resurfacing requirements.