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HomeMy WebLinkAbout06-01 - Approving Planning Application PA-05-24RESOLUTION NO. 06-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -05-24 THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Mark Rodriguez for Mendez Automotive Services, owner of real property located at 3048 Bristol Street, requesting approval of a conditional use permit to allow the construction of a new gas station with a convenience store and a car wash tunnel, to replace an existing gas station with a convenience store and auto service building, with variances from street setback landscape requirements (20 feet required; 10 feet proposed along Bristol Street and 15 feet proposed along Paularino Avenue); and WHEREAS, a duly noticed public hearing was held by the Planning Commission on November 28, 2005, and PA -05-24 was denied by Planning Commission; and WHEREAS, the item was appealed by Mark Rodriguez, to the City Council on November 29, 2005; and WHEREAS a duly noticed public hearing was held by the City Council on January 3, 2006; and WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and an Initial Study/Negative Declaration was prepared, which reflect the independent judgment of the City of Costa Mesa, and was available for public review from November 8, 2005, to November 28, 2005, as required by CEQA. NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", the City Council of the City of Costa Mesa hereby ADOPTS the Negative Declaration and APPROVES Planning Application PA -05-24 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 PA -05-24 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 3rd day of January 2006. Mayor of the City of Costa Mesa ATTEST: L/ -1 -0 De uty City Cler < of the City of Costa Mesa APPROVED AS TO FORM Cit Attorney 2 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 06-1 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 3rd day of January, 2006, by the following roll call vote: AYES: Mansoor, Bever, Dixon, Monahan. NOES: None. ABSENT: Foley. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 4th day of January, 2006. Q��2 C-� Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "B" CONDITIONS OF APPROVAL (If proiect is approved) Ping. 1. Street addresses shall be displayed on the freestanding sign or, if there is no freestanding sign, on the fuel canopy or store front adjacent to the main entrance of the building, in a manner visible to the public street. Numerals shall be a minimum 12" in height with not less than 3/" stroke and shall contrast sharply with the background. 2. Exterior elevations with sample color/materials board shall be submitted for pre -plan check review and approval by the Planning Division. Once the exterior elevations have been reviewed and approved by the Planning Division, the exterior elevations shall be incorporated into the plan check drawings. 3. Cornices and other architectural elements shall be wrapped around to the side and rear of building facades. 4. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts shall be permitted. 5. 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. 6. Show method of screening for all ground -mounted equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). Ground -mounted equipment shall not be located in any landscaped setback visible from the street, except when required by applicable uniform codes, and shall be screened from view, under the direction of Planning Division. 7. All rooftop mechanical equipment shall be screened under the direction of the Planning Division. 8. SCAQMD Rule 403 shall be adhered to, ensuring the clean up of construction -related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emission source. Particulate matter deposits on public roadways are also prohibited. 9. Adequate watering techniques shall be employed to partially mitigate the impact of construction -generated dust particulates. Portions of the project Ell site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day 10. Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 mph. 11. Applicant shall obtain permits from the Costa Mesa Fire Prevention Bureau and Orange County Health Care Agency for removal of the tanks. A case closure letter from the Hazardous Materials Management Section of the agency, indicating that the project site has been adequately remediated, shall be submitted to the Planning Division prior to the issuance of building permits. 12. The conditions of approval and ordinance or code provisions and special district requirements of Planning Application PA -05-24 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 13. The applicant shall contact the Planning Division to arrange for 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. 14. The conditional use permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more. The conditional use permit may be referred to the Planning Commission for modification or revocation at any time if the conditions of approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the development services director or his designee, any of the findings upon which the approval was based are no longer applicable. 15. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. Eng. 16. Maintain the public Right -of -Way in a "wet -down" condition to prevent excessive dust and remove any spillage from the public Right -of -Way by sweeping or sprinkling. Mitigation measure. 5 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 Planning Application PA -05-24 is valid for one (1) year and will expire at the end of that period unless building permits/business license are obtained, or the applicant applies for and is granted an extension of time. A written request for an extension of time and payment of the necessary fee must be received by Planning staff prior to the expiration of the planning action. 2. Street addresses shall be visible from the public street and shall be displayed on the freestanding sign. If there is no freestanding sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. Numerals shall be a minimum 12" in height with not less than 3/4' stroke and shall contrast sharply with the background. 3. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 4. Parking stalls shall be double -striped in accordance with City standards. 5. All on-site utility services shall be installed underground or provisions made forfuture undergrounding, if it is impractical at this time. 6. 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. 7. Any mechanical equipment such as air-conditioning equipment and ductwork shall be screened from view in a manner approved by the Planning Division. 8. Two (2) sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108, shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits. 9. Two (2) sets of landscape and irrigation plans, approved by the Planning Division shall be attached to two of the final building plan sets. 10. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 11. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 12. Construction, grading, materials delivery, equipment operation or other noise -generating activity shall not occur between the hours of 8 p.m, and 7 a.m., Monday through Friday, nor between the hours of 7 p.m. and 8 a.m., on Saturday, Sunday, and Federal holidays. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting R and other quiet interior work. 13. In compliance with the City's mitigation monitoring program, the applicant shall submit a compliance report to the Planning Division along with plans for plan check that lists the mitigation measure and states when and how the mitigation measure is to be met. Bus. 14. 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. Bldg. 15. Prior to or concurrent with the submittal of plans for grading/building/ plan check/submittal of final subdivision map for engineering plan check, the applicant shall prepare and submit documentation for compliance with the State Water Resources Control Board (SWRCB) Water Quality Order 99-08- DWQ; National Pollutant Discharge Elimination System (NPDES) Permit No. CAS000002 for Storm Water Discharges Associated with Construction Activity (General Permit); the California Regional Water Quality Control Board (RWQCB) Santa Ana Region Order No. R8-2002-0010 and NPDES Permit No. CAS618030; and, the City of Costa Mesa Ordinance No. 97-20 for compliance with NPDES Permit for the City of Costa Mesa. Such documentation shall include a Storm Water Pollution Prevention Plan if over 1 acre (if over 5 acres if submitted prior to March 10, 2003) and a Water Quality Management Plan (WQMP) identifying and detailing the implementation of the applicable Best Management Practices (BMPs). 16. Comply with the requirements of the California Code of Regulations, Title 24, also known as the California Building Standards Code, as amended by the City of Costa Mesa. 17. Submit soils report for this project. 18. Submit grading and drainage plan for this project. Eng. 19. At the time of development submit for approval an off-site plan to the Engineering Division that shows existing parkway improvements and the limits of work on the site, and hydrology calculations, both prepared by a civil engineer. 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. 20. A construction access permit and deposit of $685 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 21. 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. 22. 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, including four (4) feet clear around obstructions in the sidewalk. 23. Obtain a permit from the Engineering Division at the time of development and then construct P.C.C. commercial driveway approach as shown on the 7 offsite plan. Location and dimensions and traffic control on Newport Boulevard are subject to the approval of the Transportation Services Manager. A.D.A. compliance is required for all driveway approaches. 24. 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. Trans. 25. Fulfill San Joaquin Hills Transportation Corridor Fee Ordinance requirement at the time of issuance of building permit by submitting the required fee to the Planning Division. For the proposed use, the corridor fee is estimated at $153.27. NOTE: This fee is subject to revision and possible increase effective July 1St of each year. This fee does not include the car wash structure. If the car wash structure is fully enclosed at both ends with doors or solid type gates additional fees will be required. 26. Reconstruct all drive approaches with commercial wide flares, maximum `W' = 35 ft., and revise all landscaping planters to align with drive approach width. 27. Specify on site plan the drive aisle width remaining on bordering properties. Note if remaining drive aisles are less than minimum required by City standard, redesign of site may be necessary. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the developer contact the Costa Mesa Sanitary District at (949) 645-8400 for current district requirements. School 2. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to issuance of building permits. 0