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HomeMy WebLinkAbout41 - PH-2 - Attachment 9 - 8/4/2015DATE: PROJECT NO: SITE ADDRESS: CITY OF COSTA MESA P.O. BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92628-1200 DEVELOPMENT SERVICES DEPARTMENT NOTICE OF DECISION PLANNING COMMISSION ACTION June 23, 2015 PA -08-27 Al 1872 Newport Boulevard ATTACHMENT 9 FINAL ACTION: At a noticed public hearing on June 22, 2015 the Planning Commission approved this application, subject to conditions, by adoption of Planning Commission Resolution PC -15-40. The final resolution is attached. APPEAL PERIOD: This decision will become final unless appealed by 5 p.m., June 29, 2015 by the filing of the necessary form and fees with the City Clerk's office, located at 77 Fair Drive, Costa Mesa. PLANNING CONTACT: Chelsea Crager, Assistant Planner, 714-754-5609 chelsea.crager@costamesaca.gov If you have any questions or comments regarding this notice of decision, please contact the project planner (above) or me at 714-754-5278. Sincerely, Claire L. Flynn, AICP Assistant Development Services Director DISTRIBUTION: Dan Stansell 9440 Santa Monica Blvd., Suite 301 Beverly Hills, CA 90210 Coastline Equity, Inc. 24564 Hawthorne Blvd., Suite 201 Torrance, CA 90505 —99— Building Division (714) 754-5273 • Code Enforcement (714) 754-5623 • Planning Division (714) 754-5245 FAX (714) 7544856 • TDD (714) 754-5244 • www.costamesaca.gov RESOLUTION NO. PC -15-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING CERTAIN AMENDED CONDITIONS FOR PLANNING APPLICATION PA -08-27 Al A CONDITIONAL USE PERMIT FOR A PAWN BROKER LOCATED AT 1872 NEWPORT BOULEVARD THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Dan Stansell, as the authorized agent on behalf of the property owner, Coastline Equity, Inc., with respect to the real property located at 1872 Newport Boulevard; WHEREAS, the proposed project involves an amendment to a conditional use permit for a jewelry shop with pawn broker services at 1872 Newport Boulevard (Jewelry - N -Loan) to lower the minimum loan amount and to allow pawn broker services for a more extensive list of items. The existing jewelry store and pawn broker service is located in a 1,012 square foot building. The applicant is requesting the removal of limitations to the pawned inventory and loan services by the deletion of two conditions of approval (below): • Pawnbroker services shall be limited to watches and jewelry only. • No loans less than $2,500 shall be permitted. WHEREAS, the project was reviewed in accordance with the requirements of the California Environmental Quality Act (CEQA), The State CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; and the project was determined to be exempt from further CEQA analysis under Section 15301 for Existing Facilities; WHEREAS, a duly noticed public hearing held by the Planning Commission on June 22, 2015 with all persons having the opportunity to speak for and against the proposal; 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 Planning Commission hereby approves certain modified conditions for Planning Application PA -08-27 Al with respect to the property described above. _q 91 BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission 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 -08-27 Al and upon applicant's compliance with each and all of the conditions in Exhibit B, 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. 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 court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED THIS 22nd DAY�OF JUN 2. S. Robert L. Dick on, Jr., Chair Costa Mesa Planning Commission — qq— STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Claire Flynn, Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution No. 15-40 was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on June 22, 2015 by the following votes: AYES: Dickson, Mathews, Sesler NOES: McCarthy ABSENT: Andranian ABSTAIN: None Claire L. Flynn, Secretary Costa Mesa Planning Commission 6 EXHIBIT A FINDINGS (APPROVAL) A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed 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 use, as conditioned, is not anticipated to have any negative effects on the surrounding properties, and is compatible with the surrounding commercial uses. No noise impacts to the nearby residential properties are anticipated due to the nature of the business. The parking demand of the proposed use is compatible with parking demand existing at the subject property. No security impacts are anticipated due to included conditions of approval requiring surveillance cameras, an alarm system, and an armed guard on the premises during operating hours. 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 Finding: The use, as conditioned, will not be materially detrimental to the health, safety, or general welfare of the public in that security measures will be in place. The project is conditioned to maintain the security measures currently in place and described in the attached security plan submitted by the applicant. These security measures include: Installation of 27 surveillance cameras covering the interior and exterior of the building, with 6 months of stored footage An armed security guard on the premises during operating hours Installation of an alarm system 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 any applicable specific plan for the property. Facts in Support of Finding: The project is consistent with the General Plan land use designation of General Commercial, intended to permit a wide range of commercial uses. Granting the modification to the CUP for the jewelry stop and pawnbroker services shall not allow a use, density, or intensity which is not in accordance with the General Plan. The shop has been in operation with a CUP since 2008, and the proposed modification to the CUP will not substantially increase the use or intensity of the store. — 81 B. The information presented substantially 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. The project is conditioned to minimize any security impacts to nearby residential and commercial uses. b. Safety and compatibility of the design of the parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. The proposed used will be conditioned to maintain all security measures currently in place, and has sufficient parking for the proposed use. c. The project, as conditioned, is consistent with the General Plan. The project is consistent with the General Plan land use designation of General Commercial. This designation is intended to permit a wide range of commercial uses to serve local and regional needs and should be insulated from sensitive uses through buffers or onsite mitigation measures. The proposed project will prevent security impacts to surrounding residential and commercial uses through onsite security measures. d. The proposed use is compliant with performance standards as prescribed in the Zoning Code. The proposed swim school will be conditioned to operate as described in the submitted business description and is compliant with Zoning Code. e. The planning application is for a project -specific case and does not establish a precedent for future development. Approval will apply to this project -specific locations. Conditions have been included that are specific to the proposed project. C. The project is exempt from the provisions of the California Environmental Quality Act under Section 15301 (Class 1) for Existing Facilities. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond what that existing at the time of the lead agency's determination. Because the modification to the CUP at the project site will not include a major alteration or expansion to the existing facility, the project qualifies for this exemption. D. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. -92,- EXHIBIT B CONDITIONS OF APPROVAL ICAs modified pursuant to Amendment No. 1 to PA -08-27 on June 22, 20151 Ping. 1. The use shall be limited to the type of operation described in this staff report: a jewelry store with ancillary pawn broker services. Any significant change in the operational characteristics will require approval of an amendment to the conditional use permit, subject to Planning Commission approval. The Development Services Director shall make a determination that certain changes could be approved at a staff level. 2. 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. 3. If construction is proposed, the conditions of approval, code requirements, and special district requirements of PA -08-27 Al shall be blueprinted on the face of the site plan as part of the plan check submittal package. 4. The applicant shall contact the Planning Division to arrange a Planning inspection of the site upon completion of all site improvements and prior to final approval of any building permits for interior building improvements. This inspection is to confirm that the conditions of approval and Code requirements have been satisfied. 5. 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. 6. *The applicant shall submit a sign plan to upgrade and renovate the existing building wall sign on the front elevation to complement existing signage in the downtown district for the review and approval of the Development Services Director. The existing building wall signs on both the side elevations of the building shall be completely removed. The installation of the new building wall signage on the front elevation and the removal of all wall signage along the side elevations shall occur within 60 days of the date of approval of the Amendment to the Conditional Use Permit, unless an extension is granted by the Development Services Director for just cause. No changes to the existing above -roof sign are required. 7. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or business owner shall institute whatever security and operational measures are necessary to comply with this requirement. 8. 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 Director of Economic & Development Services/Deputy CEO or his designee, any of the findings upon which the approval was based are no longer applicable. 9. As required by Conditional Use Permit PA -08-27 Al, except as permitted by the City of Costa Mesa Municipal Code for temporary window signs, windows shall not be blocked or obscured. 10. *No loans less than $1,000 shall be permitted. 11. *Pawnbroker services shall be limited to luxury items, including: jewelry, watches, loose gemstones, precious metals, art, and antiques. 12. *Pawnbroker services further shall not be permitted for sports equipment, lawn equipment, clothing, household goods, electronics, or any other item not specifically permitted in Condition of Approval Number 11. 13. *Security measures described in the security plan shall be maintained, including: • Installation of 27 surveillance cameras covering the interior and exterior of the building, with 6 months of stored footage • An armed security guard on the premises during operating hours • Installation of an alarm system •