HomeMy WebLinkAbout2023-39 - Northgate MarketRESOLUTION NO. 2023-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING PLANNING APPLICATION 23-02 FOR A CONDITIONAL
USE PERMIT TO ALLOW LIVE ENTERTAINMENT WITHIN 200 FEET OF
RESIDENTIALLY ZONED PROPERTY; MAJOR AMENDMENT TO A MASTER PLAN
PA-23-03 (PA-98-50 A3) FOR A REDUCTION OF REQUIRED PARKING AND TO
MODIFY OPERATIONAL CHARACTERISTICS; ZONING APPLICATION ZA-23-01
MINOR CONDITIONAL USE PERMIT TO AN ALLOW OUTDOOR DINING PATIO; AND
A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION FOR ALCOHOL
BEVERAGE CONTROL LICENSE TYPE 21 AND 47 FOR THE NORTHGATE MARKET
LOCATED AT 2300 HARBOR BOULEVARD (UNIT C)
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND
DECLARES AS FOLLOWS:
WHEREAS, Planning Application 23-02; PA-23-03, ZA-23-01 and a request for a
finding or public convenience or necessity (PCN) was filed by Le Architecture (representing
Northgate Market), authorized agent for the property owner, ICI Development Company
requesting approval of the following:
A Conditional Use Permit to allow live entertainment in establishments where food
or beverages are served within 200 feet of residentially zoned property, a Major
Amendment to a Master Plan for a reduction of required off-street parking and to
modify operational characteristics, a Zoning Application for a Minor Conditional Use
Permit to allow an outdoor dining patio, and a Public Convenience or Necessity
determination for alcohol beverage control license Type 21 and Type 47.
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
May 8, 2023 with all persons having the opportunity to speak for and against the proposal,
and the project was approved by the Planning Commission on a 5-0 vote;
WHEREAS, on May 15, 2023 Mayor Stephens filed a request for the City Council
review of the Planning Commission's decision;
WHEREAS, a duly noticed public hearing was held by the City Council on July 18,
2023 with all persons having the opportunity to speak for and against the call for review;
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the
project is exempt from the provisions of CEQA per CEQA Guidelines Section 15301 (Class
1), for Existing Facilities and Section 15303 (Class 3), New Construction or Conversion of
Small Structures.
Resolution No. 2023-39 Page 1 of 14
WHEREAS, the CEQA . categorical exemption for this project reflects the
independent judgment of the City of Costa Mesa.
WHEREAS, the City Council has considered all public comments which have been
received either in writing or at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
HEREBY RESOLVES as follows:
BE IT RESOLVED that based on the evidence in the record and the findings
contained in Exhibit A, and subject to the conditions of approval contained within Exhibit
B, the City Council hereby approves Planning Application 23-02; PA-23-03, ZA-23-01 and
a request for a finding of public convenience or necessity (PCN) with respect to the
property described above.
BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find
and determine that adoption of this Resolution is expressly predicated upon the activity as
described in the staff report for Planning Application 23-02; PA-23-03, ZA-23-01 and a
request for a finding of public convenience or necessity (PCN) and upon applicant's
compliance with each and all of the conditions in Exhibit B, and compliance with all
applicable federal, state, and local laws. Any approval granted by this resolution shall be
subject to review, modification or revocation if there is a material change that occurs in the
operation, or if the applicant fails to comply with any of the conditions of approval.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase
or portion of this resolution, or the document in the record in support of this resolution, are
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining provisions.
Resolution No. 2023-39 Page 2 of 14
PASSED AND ADOPTED this 18t" day of July 2023.
ATTEST:
�rA .�
Brenda Green, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
John Stephens, Mayor
APPROVED AS TO FORM:
J
Kimberly Nall' Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2023-39 and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 18th day of July 2023, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARPER, MARR, REYNOLDS,
HARLAN, AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 19t" day of July 2023.
--Wmrva - -
Resolution No. 2023-39 Page 3 of 14
EXHIBIT A
FINDINGS
A. Proposed Master Plan Amendments Findings
The proposed project complies with the applicable Costa Mesa Municipal Code
Section 13-29 (g) (5) Master Plan in that:
Finding: The master plan meets the broader .goals of the general plan, any
applicable specific plan, and the Zoning Code by exhibiting excellence in design, site
planning, integration of uses and structures and protection of the integrity of
neighboring development.
Facts in Support of Finding: The proposed Master Plan amendment is compliant
with the City's applicable General Plan and the Zoning Code provisions. In addition,
the new supermarket is similar to the previous use that occupied the space, and will
enhance the integrity of the neighboring development based on facade upgrades and
the added unique experiential amenities. Additionally and based on an engineered
shared parking analysis for the shopping center, a surplus of on -site parking is
available.
B. Conditional Use Permit Findings
The proposed project complies with the applicable Costa Mesa Municipal Code
Section 13-29(g)(2) Conditional Use Permit in that:
Finding: The proposed development or use 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 Finding: The proposed project includes a request for a
conditional use permit to establish live entertainment as part of an eating
establishment within a supermarket, as required pursuant to CMMC 13-47, As
conditioned, the live entertainment would be compatible with developments in the
same general area and would not be materially detrimental to other properties. The
proposed 149-square-foot stage would be located within the approximate 69,000-
square-foot building. The proposed stage would be activated occasionally and is
subordinate to the primary market, and as conditioned, would not be incompatible
with adjacent residential uses. The provision of live entertainment would be subject
to the issuance and renewal of an annual live entertainment permit.
Finding: Granting the conditional use permit or minor 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.
Resolution No. 2023-39 Page 4 of 14
Facts in Support of Finding: Although the project site is located within 200 feet of
residentially zoned property, the proposed live entertainment stage would be located
indoors and as conditioned shall comply with the City's noise ordinance.
Furthermore, the existing block wall located between the shopping center and the
residential -zoned uses to the east would remain and would continue to serve as a
noise buffer. A condition has also been included to limit the live entertainment to
indoors only within the designated stage area. All activities, with the exception of the
outdoor dining patio would be conducted underroof and inside the tenant suite.
Lastly, conditions of approval have been included to ensure the use (including the
live entertainment) operates in a manner that would allow the quiet enjoyment of the
surrounding neighborhood.
Finding: Granting the conditional use permit will not allow a use, density or intensity
which is not in accordance with the general plan designation and anv applicable
specific plan for the pn2perty.
Facts in Support of Finding: A grocery market with outdoor dining is a commercial
use consistent with the General Commercial land use designation of the General
Plan and the proposed live entertainment would not increase density or intensity.
General Commercial uses are intended to provide a wide range of goods
and services to meet the needs of residents as well as the regional neighborhoods.
C. Minor Conditional Use Permit Findings
The proposed project complies with the applicable Costa Mesa Municipal Code
Section 13-29(g)(2) Minor Conditional Use Permit in that:
Finding: The proposed development or use 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 Finding: The proposed project includes a minor conditional use
permit request for outdoor dining. The outdoor dining patio area is located within an
existing multi -tenant commercial center and is compatible with the general area. As
conditioned, the outdoor dining will operate with minimal impact on surrounding
properties and uses in that an adequate amount off-street parking will be provided
on the project site and would be shared amongst all tenants of the "Harbor Center".
Conditions of approval, based on expert recommendations are also included to
monitor/attenuate potential noise and parking impacts. Therefore, the proposed use
will not be materially detrimental to the surrounding area.
Finding: Granting the minor 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.
Resolution No. 2023-39 Page 5 of 14
Facts in Support of Finding: The proposed outdoor dining patio area improvements
will not be materially detrimental to the health, safety and general welfare of the
public or otherwise injurious to property or improvements within the immediate
neighborhood. The proposed use, as conditioned, would not generate adverse noise,
traffic, or parking impacts that are unusual for commercially zoned properties. Only
low-level noise is permitted in the patio areas and will be consistent with the local
ambient traffic noise.
Finding: Granting the minor conditional use permit will not allow a use, density or
intensity which is not in accordance with the general plan designation and any
applicable specific plan for the property.
Facts in Support of Finding: The proposed outdoor dining patio, as conditioned, is
consistent with the intent of the City's Zoning Code and General Plan "General
Commercial" land use designation for the property. Additionally and based on an
engineered shared parking analysis for the shopping center, a surplus of on -site
parking is available.
D. Finding of Public Convenience or Necessity (PCN)
Pursuant to Section 23958.4 of the Business and Professions Code (BPC), the
governing body of a local jurisdiction has the authority to determine PCN findings.
The Public Convenience or Necessity can be determined because the operation of
the supermarket would be consistent with the requirements of the Zoning Code and
the General Plan. Further, the Police Department has reviewed the request and has
no objections. Additionally, the licenses provide a convenience to customers without
impacting the surrounding uses. Lastly, similar alcohol licenses were previously
approved under the prior tenant with no neighborhood or surrounding commercial
use impacts.
E. The project is categorically exempt from the provisions of CEQA pursuant to CEQA
Guidelines Section 15301 (Class 1) for the permitting and/or minor alteration of
Existing Facilities and Section 15303 (Class 3), New Construction and Conversions
of Small Structures. This project will occupy an existing building and proposes minor
exterior modifications including adding outdoor dining areas. No increase in building
square footage is proposed, and the site is considered previously disturbed and
without environmental resources. The project is consistent with the applicable
General Plan designation and all applicable General Plan policies as well as with
applicable zoning designation and regulations. Furthermore, none of the exceptions
that bar the application of a categorical exemption pursuant to CEQA Guidelines
Section 15300.2 applies. Specifically, the project would not result in a cumulative
impact; would not have a significant effect on the environment due to unusual
circumstances; would not result in damage to scenic resources; is not located on a
hazardous site or location; and would not impact historic resources.
Resolution No. 2023-39 Page 6 of 14
F. The project is subject to a traffic impact fee, pursuant to Chapter XII, Article 3
Transportation System Management, of Title 13 of the Costa Mesa Municipal Code.
Resolution No. 2023-39 Page 7 of 14
EXHIBIT B
CONDITIONS OF APPROVAL
Ping. 1. The use shall be limited to the type of operation described in the staff
report, subject to conditions. Any change in the operational characteristics
including, but not limited to, hours of operation, shall be subject to Planning
Division review and may require an amendment to the use permits, subject
to either Zoning Administrator or Planning Commission approval,
depending on the nature of the proposed change. The applicant is
reminded that Code allows the Planning Commission to modify or revoke
any planning application based on findings related to public nuisance
and/or noncompliance with conditions of approval [Title 13, Section 13-
29(o)].
2. Approval of the planning/zoning applications are valid for two (2) years from
the effective date of this approval and will expire at the end of that period
unless applicant establishes the use by one of the following actions: 1) a
building permit has been issued and construction has commenced, and a
valid building permit has been maintained by making satisfactory progress
as determined by the Building Official; 2) a certificate of occupancy has been
issued; or 3) the use has been established and a business license has been
issued. A time extension can be requested no less than thirty (30) days or
more than sixty (60) days before the expiration date of the permit and
submitted with the appropriate fee for review to the Planning Division. The
Director of Development Services may extend the time for an approved
permit or approval to be exercised up to 180 days subject to specific findings
listed in Title 13, Section 13-29(k)(6). Only one request for an extension of
180 days may be approved by the Director. Any subsequent extension
requests shall be considered by the original approval authority.
3. The applicant, the property owner and the operator (collectively referred to
as "indemnitors") shall each jointly and severally defend, indemnify, and
hold harmless the City, its elected and appointed officials, agents, officers
and employees from any claim, legal action, or proceeding (collectively
referred to as "proceeding") brought against the City, its elected and
appointed officials, agents, officers or employees arising out of City's
approval of the project, including but not limited to any proceeding under
the California Environmental Quality Act. 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 indemnitors' joint
and several 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.
Resolution No. 2023-39 Page 8 of 14
4. The hours of operation of the market and in-store dining shall be limited to
Monday — Sunday 6 AM to 11 PM. Any minor adjustments in these hours
of operation that meet the intent of this condition may be granted with
written approval of the Director of Development Services.
5. The hours of operation of the outdoor patio areas shall be limited to Monday
— Sunday 11AM to 11 PM with last call for food and beverages at 10:30PM.
6. The south patio shall be designed with an eight -foot tall acoustic block
wall/glass enclosure to attenuate noise. The east portion of the enclosure
is to be constructed of solid acoustic block wall and an emergency exit. The
south portion of the enclosure, facing Wilson Street will have a hybrid
design which would consist of four -foot tall block wall with an additional
four -foot double pane glass barrier. The west portion of the enclosure is to
be constructed of acoustic block wall with mass loading vinyl attached to
the interior.
7. At least 35% of the interior of the southern patio enclosure must have
acoustic absorption or padding such as mass loading vinyl, placed at
random areas of the interior wall in order to absorb interior reflections and
yeild a better listening/talking environment.
8. In the event that the southern outdoor patio, along Wilson Street is
removed, the area must be retrofitted and restripped to allow for the 16
parkings paces.
9. Hours of operation for all outdoor activity to the east and north of the
buildings (including use of loading docks, deliveries, loading and unloading
of trucks, movement of all product from outside to inside the building,
trucks driving to the back of the site, and forklift operations) shall be limited
to 7 a.m. to 8 p.m., Monday through Friday and 8 a.m. to 5 p.m., Saturday,
Sunday, and holidays, as conditioned within the original Master Plan.
10. All outdoor patios must be maintained as open-air patios and may not be
fully enclosed and incorporated into the building as an addition and thereby
increase the buildings existing floor area ratio.
11. Any patio doors or emergency exits must be acoustically well sealed.
12. Patio areas must have their own sound monitoring equipment with at least
two devices calibrated to the maximum allowed level. Sound measurement
conducted by a professional sound monitor must be made upon completion
of the southern outdoor patio construction. One device must be installed
near the patio sound source and one must be installed near the existing
eastern wall nearest to the residential homes.
13. Live entertainment, dancing, sale of alcoholic beverage, and food and
beverage sales after 11 PM are prohibited.
14. Wine, beer and other distilled spirits sold under the Type 21 ABC license
shall be sold in factory manufactured packages for retail sales. Factory
multiple -packed bottles or cans shall not be unpackaged to be sold
individually. This restriction is not intended to prohibit the sale of beverages
in a single container packaged by the manufacturer for individual sale.
15. The Alcohol Beverage Control Type 47 license (restaurants) authorizes the
sale of beer, wine and distilled spirits for consumption on the licensed
Resolution No. 2023-39 Page 9 of 14
premise and must operate and maintain the licensed premises as a bona
fide eating place. Food and beverage may only be consumed in designated
areas shown on floor plan as inside and outside dining. The kiosks that sale
ready -to -eat foods and the bar work in concert with one another and
patrons are permitted to purchase food from a kiosk and alcohol from the
bar and enjoy them together either in one of the designated dining areas
in -doors or outdoors.
16. The business shall be conducted, at all times, in a manner that will allow
the quiet enjoyment of the surrounding neighborhood. Subject to the
approval of the Development Services Department, the business shall
institute whatever security and noise measures that are necessary to
comply with this requirement.
17. Murals must be reviewed by the City of Costa Mesa Arts Commission prior
to installation.
18. A written shopping cart containment system and plan in compliance with
CMMC 15-16, shall be submitted to the chief of code enforcement for
review and approval setting forth the physical measures it plans to
implement of comply with the requirements of this article. No business
license shall be issued or renewed for any retail establishment, until it has
a containment plan which has been approved by the city.
19. The maximum occupancy, as determined by provisions of the Uniform
Building Code or other applicable codes, shall be posted in public view
within the premises, and it shall be the responsibility of management to
ensure that this limit is not exceeded at any time. Occupant loads for the
open patio area and the enclosed building area shall be calculated and
posted separately.
20. There shall be no room or designated area reserved for the exclusive use
of designated persons or "private club members."
21. The applicant shall maintain areas that are under the applicant's control
and ensure areas are well maintained and free of litter and any graffiti on
site.
22. No alcoholic beverage shall be displayed or offered for sale outside the
building.
23. Exterior signage/advertisements promoting or indicating the availability of
alcoholic beverages shall be prohibited. Interior signage/advertisements
promoting or indicating the availability of alcoholic beverages which are
visible from the exterior of the building shall be prohibited.
24. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food and meals during the same time period. The applicant
shall at all times maintain records which reflect separately the gross sales
of food and gross sales of alcoholic beverages of the business. The
records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Director of Economic & Development Services or
designee on demand.
Resolution No. 2023-39 Page 10 of 14
25. The business operator shall post signs inside and outside the premises in
compliance with the City of Costa Mesa Municpal Code notifying the public
with regard to the prohibition of open containers of alcoholic beverages
without food and outside of designated dining areas.
26. The business operator shall post signs inside and outside the premises
prohibiting loitering.
27. As applicable, special events shall be reviewed/approved pursuant to
CMMC 9-205 et seq.
28. Music or other entertainment shall be consistent with the City's noise
ordinance.
29. The outdoor storage of boxes, equipment materials, merchandise, and other
similar items shall be prohibited.
30. A copy of the conditions of approval for all Northgate planning applications
shall be kept on premises and presented to any authorized City official upon
request. New business/property owners shall be notified of conditions of
approval upon transfer of business or ownership of land.
31. If any section, division, sentence, clause, phrase or portion of this approval
is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of
the remaining provisions.
32. Any change in the operational characteristics of the use shall be subject to
Planning Division review 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.
33. All exterior lighting shall be shielded and/or directed away from residential
areas.
34. Trash facilities shall be screened from view and designed and located
appropriately to minimize potential noise and odor impacts to adjacent
residential areas (behind fences).
35. Any wall, gate, or barrier proposed for the outdoor dining patio shall comply
with CMMC and Building Code, and the project acoustical report.
36. Applicant shall install appropriate security lighting, and monitor areas under
which applicant has control, to prevent trash, graffiti and littering. Any lighting
under the control of applicant shall be directed in such a manner so as not
to unreasonably interfere with the quiet enjoyment of nearby residences. The
applicant shall further provide adequate lighting above the entrance to the
premises sufficient in intensity to make visible the identity and actions of all
persons entering and leaving the premises.
37. The conditional use permit herein approved shall be valid until revoked. 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 it, in the opinion of the development services director
or his/her designee, any of the findings upon which the approval was based
are no longer applicable.
Resolution No. 2023-39 Page 11 of 14
38. The project shall be limited to the type of building as described in this staff
report and in the attached plans. Any change in the use, size, or design shall
require review by the Planning Division and may require an amendment to
the applicable entitlement.
39. Once the use is legally established, the planning/zoning application herein
approved shall be valid until revoked. The Director of Economic &
Development Services or designee may refer the planning/zoning
application to the Planning Commission for modification or revocation at any
time if any of the following circumstances exist: 1) the use is being operated
in violation of the conditions of approval; 2) the use is being operated in
violation of applicable laws or ordinances or 3) one or more of the findings
upon which the approval was based are no longer applicable.
P.C. 40. Public Address (PA) systems are prohibited in any outdoor patio area.
Mod. Operations must comply with the security plan provided to the police
department for review. All doors, except for the main entrance to the grocery
store must remain closed while live entertainment is conducted within the
market. All emergency doors are to remain closed at all times and only
used during emergencies.
P.0 41. Noise monitoring data shall be kept digitally, and stored for six months and
New available to the City upon request.
P.C. 42. All music and entertainment (amplified and non -amplified) shall cease Friday
New and Saturday at or before 10PM and Sunday through Thursday at or before
9PM.
43. The above conditions of approval are specific to Northgate Market and do
not supersede or replace the conditions of approval for the existing Harbor
Center Master Plan. The above conditions are in addition to all other previous
entitlement conditions associated with this property.
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. Permits shall be obtained for all signs according to the provisions of the
Costa Mesa Sign Ordinance and the existing Harbor Center Sign Program.
2. The conditions of approval and ordinance or code provisions of Planning
Application PA-23-02, PA-23-03 (PA-98-50 A3), ZA-23-0, and PCN shall
be blueprinted on the face of the site plan as part of the plan check
submittal package when building permits are necessary.
3. The maximum occupancy, as determined by provisions of the Uniform
Building Code or other applicable codes, shall be posted in public view
within the premises, and it shall be the responsibility of management to
ensure that this limit is not exceeded at any time.
Resolution No. 2023-39 Page 12 of 14
4.
The project is subject to compliance with all applicable Federal, State, and
local laws. A copy of the applicable Costa Mesa Municipal Code
requirements has been forwarded to the Applicant and, where applicable,
the Authorized Agent, for reference.
5.
All noise -generating construction activities shall be limited to 7 a.m. to 7
p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise -
generating construction activities shall be prohibited on Sunday and the
following federal holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
6.
Street addresses shall be visible from the public street and may be
displayed either on the front door, on the fascia adjacent to the main
entrance, or on another prominent location. When the property has alley
access, address numerals shall be displayed in a prominent location
visible from the alley. Numerals shall be a minimum six (6) inches in height
with not less than one -half -inch stroke and shall contrast sharply with the
background.
7.
All requirements of the California Alcoholic Beverage Control Board (ABC)
shall be complied with.
8.
Any mechanical equipment such as air-conditioning equipment and duct
work shall be screened from view in a manner approved by the Planning
Division.
Water 9.
Mesa Water District Plan Check Required.
Bldg. 10.
Prior to issuing the Building permit the conditions of approval shall be on
the approved Architectural plans.
11.
Comply with the requirements of the adopted, 2019 California Building
Code, 2019 California Electrical Code, 2019 California Mechanical Code,
2019 California Plumbing Code, 2019 California Green Building Standards
Code and 2019 California Energy Code (or the applicable adopted,
California Building code California Electrical code, California Mechanical
code California Plumbing Code, California Green Building Standards and
California Energy Code at the time of plan submittal or permit issuance)
and California code of Regulations also known as the California Building
Standards Code, as amended by the City of Costa Mesa. Requirements
for accessibility to sites, facilities, building and elements by individuals with
disability shall comply with Chapter 11 B of the 2019 California Building
Code.
12.
Prior to the Building Division issuing a demolition permit. contact South
Coast Air Quality Management District (AQMD) located at:
21865 Copley Dr.
Diamond Bar, CA 91765-4178
Tel: 909- 396-2000
or
Visit their web site:
http://www.costamesaca.aov/modules/showdocument.aspx?documentid
=23381. The Building Division will not issue a demolition permit until an
Identification Number is provided by AQMD.
Resolution No. 2023-39 Page 13 of 14
13.
A change of occupancy shall meet all the requirements of the adopted
California Building codes that are relevant to the new occupancy. All added
square foot area/s shall be justified with Allowable Area Analysis based on
the occupancies and the Type of Construction of the existing building
structure.
14.
Provide a plan to the County of Orange Health Dept. for review and
approval.
15.
Where two exits are required to exit from the building, they shall be placed
a distance apart equal to not less than one-third of the length of the
maximum overall diagonal dimension of the building or area to be served
measured in a straight line between them, for building equipped throughout
the building with fire sprinkler system.
[CBC 1007.1.1]
16.
The minimum number of plumbing fixtures shall comply with CPC Table
422.1.
17.
All public facilities and employee circulation path shall be accessible. [CBC
Ch. 11]
18.
All Tenant Improvements within the Market shall be checked and/or
prepared under the supervision of the Architect of record prior to submittal
to the City of Costa Mesa.
19.
Plans shall be prepared under the supervision of a registered California
Architect or Engineer. Plan shall be stamped and signed by the registered
California Architect or Engineer.
Fire 20.
Comply with the requirements of the California Fire Code and referenced
standards as amended by the City of Costa mesa.
Bus. 21.
All contractors and subcontractors must have valid business licenses to do
Lic.
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.
Ent. 22.
Pursuant to CMMC Section 9-199 (1), the applicant shall obtain a live
Lic.
entertainment permit annually.
Resolution No. 2023-39 Page 14 of 14