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HomeMy WebLinkAbout08 - PH-2 - Appeal of Zoning Application ZA-16-34 - 2/21/2017CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 21, 2017 ITEM NUMBER: PH -2 SUBJECT: APPEAL OF ZONING APPLICATION ZA-16-34: MINOR CONDITIONAL USE PERMIT FOR TWO RESERVED PARKING SPACES LOCATED AT 3033 BRISTOL STREET, SUITE A DATE: FEBRUARY 9, 2017 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: RYAN LOOMIS, ASSOCIATE PLANNER FOR FURTHER INFORMATION CONTACT: RYAN LOOMIS, AICP (714) 754-5608 ryan.loomis@costamesaca.gov RECOMMENDATION Uphold, Reverse or Modify the Planning Commission's decision to deny the proposed project, described below: • Planning Application ZA-16-34 —A Minor Conditional Use Permit (MCUP) to deviate from shared parking requirements to allow two reserved parking spaces in front of Suite A to accommodate patrons of the Watch Connection as follows: • Days: Tuesday — Saturday • Hours: 1 1A — 2PM APP1 Ir.AKIT The applicant is Kelly S. Johnson, Esq., and Marc Martine, authorized agent of 3033 Bristol Street LLC, the property owner. APPELLANT The appellant is Kelly S. Johnson, Esq., and Marc Martine, authorized agent of 3033 Bristol Street LLC, the property owner. BACKGROUND/ ANALYSIS Project Site/Environs The project site is located near the southwest corner of Bristol Street and Paularino Avenue, and contains a one-story, 39,179 square -foot commercial retail center. The property is zoned C1 (Local Business District) and has a General Plan land use designation of General Commercial. The property is bounded by a C1 commercially -zoned property to the south, R3 multiple -family residentially -zoned property to the west, and C1 commercially -zoned properties to the north and east, across Paularino Avenue and Bristol Street, respectively. Existing Tenant Mix The 39,179 square -foot commercial retail center includes a variety of commercial uses. The retail center has a high number of establishments where food or beverages are served, both "small" (300 sq. ft. or less of public serving area) and "large" (over 300 sq. ft. of public serving area). There are currently six existing "large" restaurants in the center: • Capital Noodle in Suite "C"; • Hachi Asian Fusion in Suite "D". • Halal Guys in Suite "E • Hashigo restaurant in Suite "M"; • Anjin restaurant in Suite "N"; • Oki Doki restaurant in Suite "O The retail center also has four existing "small" restaurants in the center: • Creamistry in Suite "F"; • California Wok in Suite "H"; • Tapioca Express in Suite "L"; North Shore Poke Company in Suite "Q2" Other uses within the center include a dentist office (medical use), insurance office (office use), and various retail stores. Watch Connection has been a long standing tenant at the retail center, and is located in Suite A. Table 1 within the Planning Commission Staff Report (see Attachment 7), provides a breakdown of the current/proposed uses and hours of operation as of October 2016. Request for Reserved Parking A shared parking demand analysis was provided in the Planning Commission staff report (see Attachment 7), which indicates highest demands for parking at the retail center on weekdays between 7PM and 8PM. Many of the restaurants in the center, however, have become very popular and bring a large influx of patrons throughout the day, especially during the lunch hour. As a result, the retail center has experienced a higher than normal demand for parking. Valet parking has been approved for the retail center to accommodate these high demands. Patrons visiting the site tend to search for open, non -valet parking spaces first before parking within the valet spaces. Customers who visit the various restaurants are using parking spaces valued by the Watch Connection. This has caused concern as patrons visiting the watch retailer are unable to park directly in front of the business. The applicant is specifically concerned for the safety and security of customers who purchase high-end products at the store as well as vendors delivering goods. As such, the applicant is requesting a Minor Conditional Use Permit to allow two parking spaces in front of the business to be specifically reserved for customers during lunchtime hours (11AM-2PM), Tuesday through Saturday. A sign is proposed in front of the parking spaces to inform visiting patrons of the reserved time periods. Planning Commission Action A request for a Minor Conditional Use Permit is normally an administrative decision by the Zoning Administrator. This retail center where Watch Connection is located has previous and existing issues related to parking, noise and traffic. Because of this past history, and since Minor Conditional Use Permits normally do not have a public hearing, the Zoning Administrator forwarded the matter to Planning Commission to allow a public hearing of the request. On November 21, 2016, ZA-16-34 was considered by the Planning Commission. Based on the evidence presented by the applicant/appellant and testimony presented at the hearing, the Planning Commission denied ZA-16-34 on a 3-0 vote (Chair Dickson and Vice Chair Mathews absent). The Planning Commission staff report can be found in Attachment 7, and on the City's website link below: http://www.costamesaca.gov/ftp/planningcommission/agenda/2016/2016-11-21/PH-3.pdf The excerpt of the Planning Commission meeting minutes for the item are attached to this report (Attachment 6). The main concerns raised by the Planning Commission were the following: • The Zoning Code requires all parking spaces in the retail center be made permanently available for parking for all employees, customers, and guests. The Planning Commission should not circumvent the Zoning Code requirements. • Allowing a single business to reserve parking in a multi -tenant retail center creates a precedent that is hard to justify. • Reserved parking may create overflow parking impacts on surrounding residential neighborhoods. Appeal of Planning Commission Action On November 28, 2016, the Planning Commission's denial of ZA-16-34 was appealed by the original applicant/authorized agent to the City Council. The basis for the appeal includes the following: 1. The Planning Commission decision was not well-founded based on the applicable facts, circumstances, and issues regarding safety, security, and liability. 2. The Planning Commission decision has misinterpreted and/or failed to consider the lack of any recognizable impact on other tenants, visitors, etc. Appeal/De Novo Hearing The City Council hearing for this appeal is a de novo hearing in which the City Council may consider the project in its entirety. The purpose of this report is to provide responses to the issues raised by the appellant, and to highlight and/or clarify the evidence in the administrative record that was presented to the Planning Commission prior to its action. LEGAL REVIEW The City Attorney has reviewed the draft resolutions and they have been approved as to form. ALTERNATIVES The City Council may take the following actions: • Uphold the Planning Commission's decision and deny ZA-16-34; or • Reverse the Planning Commission's denial and approve ZA-16-34. Any modifications to the conditions of approval, such as additions or deletions, can be made by the Council as part of this action. CONCLUSION The commercial retail center at 3033 Bristol Street includes a variety of commercial uses, including many restaurants. Many of these restaurants have become very popular, and bring a large influx of patrons throughout the day, especially during the lunch hour. As such, parking demand exceeds parking supply. The retail center was approved for valet parking service, which has increased parking supply. The Watch Connection, however, has become concerned with the lack of available parking in front of the store during lunchtime hours, primarily for the safety and security of visiting patrons to their store. On November 21, 2016, ZA-16-34 was considered by the Planning Commission. Planning Commission denied ZA- 16-34 due to the requirement for shared parking at the center, and also because allowing a single business to reserve parking in a multi -tenant retail center creates a precedent which could potentially affect surrounding properties. This appeal requests the City Council to review the application to reconsider Planning Commission's decision. Staff recommends the City Council uphold, reverse or modify the Planning Commission's decision to deny the proposed project. RYAN LOOMIS, AICP Associate Planner JAY TREVINO, AICP Development Services Department Consultant Attachments: 1. Location Map, Zoning Map, and 500' Radius Map 2. Site Photos 3. Appeal Application 4. Draft City Council Resolutions and Exhibits 5. Plans 6. Planning Commission Meeting Minute Excerpts 7. November 21, 2016 Planning Commission Staff Report w/ Attachments 8. Plannina Commission Resolution (sianed coav) cc: Property Owner: Jason Ball 3033 Bristol Street, LLC PO Box 1233 Cardiff, CA 92007 Applicant/Appellant: Marc Martine (Watch Connection) 3033 Bristol Street, Suite A Costa Mesa, CA 92626 Kelly Johnson, Esq. 3033 Bristol Street, Suite A Costa Mesa, CA 92626 City of Costa Mesa ATTACHMENT' 1 VICINITY %IAP 3033 BRISTOL STREET -[Created 12;2:;2015 10 00 11 -\M] (S,_e e ov, o . rage o �) x it , rorra�tl rOverview Map Legend Address Roads SL(;ONDARr Points Carteaar '/ Na/rcare BLVD Hydrology Freeway Frczvay V Pr'"" Channels (cont; c om (C) 2002-5 GeoPrise not (GooVec, inc.) - (860)422.2505 City of Costa Mesa ZONINGi`GENERAL PLAN MAP 3033 BRISTOL STREET - [Created 12.22015 10:01:17 AM] [Scale 367 61 [Page 8 5 x 11 1 Portra Overview Map Legend ),' Parcel Lines It. Ci -a C!ty Address n NarPcn BLVD Boundary Points P—,Y Freeway W SECONDARY Water Waysi3 Hydrology Zoning Roads yc r Channels AP CtsIfOC10r P /4/ F rev" Street Names (Cont) M {tont} (cont Strset Centerlines ),' Parcel Lines It. Ci -a C!ty C2 Boundary CL AR Water Waysi3 AR -9 Zoning yc r NP AP P C± POC (Cont) {tont} S ro 1 it 36 1 ,41-0754 Aa ,. Ku,w xoii �' 1 PARLAR/MO AYfAUF TA CT BERRY P.M. , ic-2 rRAO. .1 1 O O12 el Q 31 hRX = qb BILK E 20V c1 NO. ,1'r1-�-- O mc,r 51 13 x.yE 1 TRACT � •rn,�, ! 55 ,,�� tl s o o ° t ' � 3 '� Ro. ros2o TRA CT o u $ B,KER — � — ST/dfEr x 7 20 BERRY TRACT TRACTTRACT AW. TRACT PARCi' © xiO " I Qi Abi1- E I I 1 l O l 1 FI y I v Q O ---A _----_Q_ n Lor to ci Q t t &K.. E BLK EY o =,x 212 N x 161 182 �� I � 8.23 AG'. 4- z------------- 0 183 , e O 0 V i (D O °o / Q wO O � DONNA'S RADIUS MAPS Q xy DA'Z'E: q-17 - ! t2 aA o ,684 S GENTRY LANE ,o --------- ----"- ANAHEIM CA 9211U7 r----^_'� (714)921-2711 M f2m, i zi EC_^V°U ���� ��r�� - ' -r-~-~``~�� N NOV 28 PH 4: 51 Applicant Name* , Address Phone '4.*,V,Ity of Costa Mesa ATTACHMENT 3 /.�Fe: —�(� r Appeal ofPlanning Commission $1,220.00 Appeal of Zoning Administrator/ Building Official / Fire Marshal Staff Decision: $690.00 REQUEST FOR: � �PPEAL Fl REVIEW— Decision of which appeal or review is requested: (give application number, if applicable, and the date of the EVIEW—Deciskmofwhichappam|orreviewis:yquaated:(Qheapp|ice6onnumber'|fepp|icob|e^ondthedmtanftbo decision, if or review: nu � � *If you are serving as the agent for another person, please identify the person you represent and provide proof ofauthorization. **Review may be requested only by Planning Commission, Planning Commission Member,City Council, orCity Council Member Fornf#oemsmmniy-donwtxvritobe!mwthieUnm SCHEDULED FOR THE CITY COUNCIL/PLANNING COMMISSION MEETING OF: If appeal, rehearing, or review is for a person or body other than City Council/Planning Commission, date of hearing of auoee|.rehmarino.orreview: Updated April 20 15 CITY OF COSTA MESA CUSTOMER SERVICE RECEIPT 155868 I Fire Admin. Services ] Planning Public Services Li q3:0416-1� I Account No. 192M-29�3�W Tran. Code 0405-22 (rev. 6/03) Wnfie•Cusiomer Canary•Pinanae; Pink -Depart. Cash 0 Check 0 -""Credit Card 0 -12-- Not valid unless property vaildated/endorsed. D NOV 2016 CITY OF COSTA MESA ATTACHMENT 4 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA TO UPHOLD THE PLANNING COMMISSION'S DECISION TO DENY ZONING APPLICATION ZA-16-34 FOR A MINOR CONDITIONAL USE PERMIT TO ALLOW TWO RESERVED PARKING SPACES LOCATED AT 3033 BRISTOL STREET, SUITE A THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Marc Martine, authorized agent for the property owner, 3033 Bristol Street LLC, for a minor conditional use permit for two reserved parking spaces at the commercial retail center located at 3033 Bristol Street in front of Suite A to accommodate patrons of the Watch Connection as follows: • Days: Tuesday — Saturday • Hours: 11 AM — 2PM WHEREAS, a duly noticed public hearing was held by the Planning Commission on November 14, 2016 and November 21, 2016, with all persons having the opportunity to speak for and against the proposal; WHEREAS, at the November 21, 2016 Planning Commission meeting, the Planning Commission voted to deny the project in a 3 to 0 vote (Ayes: Commissioner McCarthy, Commissioner Sesler, Commissioner Andranian; Absent: Chair Dickson, Vice -Chair Mathews); WHEREAS, on November 28, 2016, an appeal of the decision of the Planning Commission's denial of the project was filed by Marc Martine and Kelly Johnson; WHEREAS, a duly noticed public hearing was held by the City Council on February 21, 2017 with all persons having the opportunity to speak for and against the proposal. WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. BE IT RESOLVED, therefore, that based on the evidence in the record and the findings contained in this resolution, the City Council hereby UPHOLDS the decision of the Planning Commission and DENIES ZA-16-34 with respect to the property described above. 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. 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 21st day of February, 2017. ATTEST: KATRINA FOLEY, Mayor APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA �A STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) 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 17_ as considered at a regular meeting of said City Council held on the , 2017, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the , 2017, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2017 — 1"J I*:4:I1-.11 a FINDINGS (DENIAL) A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) with regard to the minor conditional use permit amendment for the following reasons: Required Finding: The proposed use is not compatible with developments in the same general area and would be will be materially detrimental to other properties within the area. Facts in Support of Finding: The uses permitted within the retail center and the recently approved valet parking plan was based on the shared parking requirements. Allowing Watch Connection to reserve parking spaces would invalidate the findings for the approved valet parking and the permitted uses within the retail center. It would set a precedent that may allow other retailers within the retail center to request reserved parking, which would compromise the shared parking lot and potentially cause patrons to park off-site and within surrounding neighborhoods. As such, the off-site parking could potentially be detrimental to other properties within the area. Required Finding: Granting the minor conditional use permit will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to properties or improvements within the immediate neighborhood. Facts in Support of Finding: Reducing the number of total shared parking spaces by two spaces would further impact the parking problems occurring at the retail center because it will constrain parking for other tenants. Visitors to the retail center who are not visiting Watch Connection may be forced to park offsite and within surrounding neighborhoods if all open parking spaces are utilized and valet is full. Although the shared parking study for 3033 Bristol Street shows peak demand during the evening hours, many of the restaurants in the center are very popular and create large influxes of patrons throughout the day, especially during the lunch hour. As a result, the retail center has experienced a higher than normal demand for parking. Valet parking has been approved for the retail center to accommodate for these high demands. As mentioned, however, the shared parking study does not account for a restaurant's popularity or unusual high demand for service. Providing time restricted parking (i.e. 15 -minute parking) instead of reserved parking is considered a better solution for Watch Connection and the retail center because all parking spaces would remain available for all people who are allowed to park at the site. Required Finding: Granting the minor conditional use permit will allow a use, density, or intensity which is not in accordance with the General Plan designation. Facts in Support of Finding: The request for limited reserved parking at Watch Connection would potentially intensify the subject property and affect neighboring properties. Visitors to the retail center who are not visiting Watch Connection may be forced to park offsite and within surrounding neighborhoods if all open parking spaces are utilized and valet is full. As such, the reserved parking could intensify the ongoing parking impacts and conflict with 2015-2035 General Plan Objective CD -81B and Policy LU -3.1 regarding protecting surrounding neighborhoods. B. The Costa Mesa City Council has denied Planning Application ZA-16-34. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a) CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is denied, therefore Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code does not apply. RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA TO REVERSE THE PLANNING COMMISSION'S DECISION AND APPROVE ZONING APPLICATION ZA-16-34 FOR A MINOR CONDITIONAL USE PERMIT TO ALLOW TWO RESERVED PARKING SPACES LOCATED AT 3033 BRISTOL STREET, SUITE A THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Marc Martine, authorized agent for the property owner, 3033 Bristol Street LLC, for a minor conditional use permit for two reserved parking spaces at the commercial retail center located at 3033 Bristol Street in front of Suite A to accommodate patrons of the Watch Connection as follows: • Days: Tuesday — Saturday • Hours: 11AM — 2PM WHEREAS, a duly noticed public hearing was held by the Planning Commission on November 14, 2016 and November 21, 2016, with all persons having the opportunity to speak for and against the proposal; WHEREAS, at the November 21, 2016 Planning Commission meeting, the Planning Commission denied the project by a 3 to 0 vote (Ayes: Commissioner McCarthy, Commissioner Sesler, Commissioner Andranian; Absent: Chair Dickson, Vice -Chair Mathews); WHEREAS, on November 28, 2016, an appeal of the decision of the Planning Commission's denial of the project was filed by Marc Martine and Kelly Johnson; WHEREAS, a duly noticed public hearing was held by the City Council on February 21, 2017 with all persons having the opportunity to speak for and against the proposal. WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. 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 Exhibits B, the City Council REVERSES the Planning Commission's decision and hereby APPROVES Zoning Application ZA-16-34 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 Zoning Application ZA-16-34 and upon the applicant's compliance with each and all of the conditions in Exhibits 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. 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 21st day of February, 2017. ATTEST: KATRINA FOLEY Mayor, City of Costa Mesa APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA _®1 q STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) 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 17_ as considered at a regular meeting of said City Council held on the 21St day of February, 2017, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 21 st day of February, 2017, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2017 2.L EXHIBIT A FINDINGS (APPROVAL) A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) with regard to the minor conditional use permit because: Required 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 project includes the request for two reserved parking spaces for limited hours for Watch Connection. Watch Connection is a 2,700 square -foot retail business within a 39,188 square -foot retail center with a shared parking lot. The business is considered a retail use, and requires four parking spaces per 1,000 square feet of leased area. As such, the use generates a maximum demand of 11 parking spaces. Because the use is located in a retail center with shared parking, Watch Connection does not have exclusive rights for 11 parking spaces. As such, patrons visiting the retail center park anywhere a parking space is available. The retail center experiences high demand for parking during lunch hours, due to the success and popularity of restaurants within the center. This has caused concern for the owners of Watch Connection, as patrons visiting the watch retailer are unable to park directly in front of the business. The applicant is specifically concerned for the safety and security of customers who purchase high-end products at the store. Allowing for reserved parking for Watch Connection would give the business exclusive rights to two of the 11 parking spaces allocated to the business between 11AM and 2PM, Tuesday through Saturday. Reducing the number of total shared parking spaces by two spaces would cause minimal effect to the retail center due to the limited hours being requested. The reserved spaces would not generate additional demand for parking. The biggest impact will be that visitors to the retail center who are not visiting Watch Connection will now be forced to park in any available open parking space, or utilize valet services. According to the shared parking study, the valet parking service allows for four additional parking spaces above the required amount for the retail center. Recent surveys also indicate the valet parking is not fully utilized, as patrons tend to find non -valet parking spaces first before using valet. In addition, parking during the busy lunch hour is very fluid; There is as a constant flow of customers entering and leaving the retail center during lunch hours, creating a constant turnover of parking. Providing the reserved parking for Watch Connection will provide more stability and consistent availability of parking for Watch Connection customers. This stability will help improve business operations for the retailer. Required 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. Facts in Support of Finding: The request for reserved parking will improve the health, safety, and welfare of public. The applicant is specifically concerned for the safety and security of customers who purchase high-end products at the store. Customers who visit the various restaurants at the retail center are taking parking spaces valued by Watch Connection. The reserved spaces for the limited hours could increase safety and security for the patrons visiting Watch Connection. Reducing the number of total shared parking spaces by two spaces will cause minimal effect to the retail center due to the limited hours being requested. As mentioned, the valet parking can provide four additional parking spaces above the required amount for the retail center. Required 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 request for limited reserved parking at Watch Connection does not include any change in density or intensity at the subject property. The property is located in the General Commercial land use designation, and the C1 zone. As discussed, The Watch Connection is a permitted use within the C1 zone. The 2,700 square -foot suite generates a maximum demand of 11 parking spaces according to the parking ratio for a retail use. The allowance for reserved parking would not generate additional demand for parking, but would allow the business to reserve two of the 11 parking spaces allocated to the business for exclusive use. The applicant is specifically concerned for the safety and security of customers who purchase high-end watches at the store. Customers who visit the various restaurants are taking parking spaces valued by Watch Connection. This has caused concern for the owners of Watch Connection, as patrons visiting the watch retailer are unable to park in parking spaces located directly in front of the business; the applicant believes this is causing a decline in business. As such, the business owner has mentioned relocating the business outside of Costa Mesa if customers are limited by parking. Providing reserved parking will be consistent with General Plan Policy LU- 6.7, which states "Encourage new and retain existing businesses that provide local shopping and services." B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines; and the City's environmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities. C. The project is exempt from Chapter XI I, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. —22- CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation as described in the applicant's reserved parking proposal and staff report. This includes a maximum of two reserved parking spaces located in front of Suite A between 11 AM and 2PM, Tuesday through Saturday. Any change in the operational characteristics including, but not limited to, the hours of reserved parking, shall require review by the Planning Division and may require an amendment to the minor 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(o)]. 2. The applicant is reminded that all conditions of approval from Conditional Use Permit PA -15-43 for valet parking still apply. 3. 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. 4. 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. 5. If parking problems arise, the operator shall institute whatever operational measures are necessary to minimize or eliminate the problem, including, but not limited to, reducing the number or time period of reserved parking spaces. 6. The reserved spaces shall be for Watch Connection customers only. No employee parking shall occur within reserved spaces. 7. The applicant shall maintain free of litter all areas of the premises under which applicant has control. 8. 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. ®23' 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 reserved parking signs according to the provisions of the Costa Mesa Sign Ordinance. -4 (D (-) w --j N) 0 C) =r -N 0) (/) W CD N) W 4DJACEN': TIES DEET l V -L PROPER (3) 03 co CD (n 0 cn 0 =r PUMP E> S—NG ALLE� C) 0 ji-j co CD 0 (D EYS AG 0 BUIUNC 0 0 U) U) COAAMESCAL 0 0 U) U) U) S CL S. i. 7r ji-j rs U: L DNI f -I fn . .... ....... 0 0 h. M, 0 CD cn 0 =3 U) S CL S. i. 7r WATCH CONNECTION CUSTOMER PARKING ONLY Tuesday — Saturday 11:00 a.m. — 2:00 p.m. VEHICLES WILL BE TOWED AT OWNER'S EXPENSE PER CVC 22658a Costa Mesa Police (949) 754- 5255 * Minimum size must be 17" x 22" proposed size is 21-i� w x 3" h * Parking restrictions at least 3" letters at top * Vehicle towing notice at least 1" letters * Signs must be securely fastened (on post) and no lower than 4' & not higher than 7' from ground - Permit to be obtained as needed for signpost (Landlord or Landlord's agent to install) - standard colors subject to City Approval Parking Sign for Minor CUP Watch Connection 3033 Bristol Street, Unit A Costa Mesa, CA 92626 ®2 ATTACHMENT 6 APPROVED MINUTE EXCERPTS FROM THE NOVEMBER 21, 2016 SPECIAL PLANNING COMMISSION MEETING (Public Hearing No. 3 — ZA-16-34) 3. Application No.: ZA-16-34 Applicant: Marc Martine Site Address: 3033 Bristol Street, Suite A Zone: C1 Project Planner: Ryan Loomis Environmental Determination: The project is categorically exempt under Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 (Existing Facilities). Description: The applicant is requesting approval of a Minor Conditional Use Permit to allow two reserved parking spaces in front of Suite A at the 3033 Bristol Street retail plaza to accommodate patrons of the Watch Connection as follows: Days: Tuesday through Saturday and Hours: 11 a.m. to 2 p.m. No ex -parte communications to report. Ryan Loomis, Associate Planner, presented the staff report. Commissioner McCarthy and Mr. Loomis discussed the shared parking at the location. PUBLIC COMMENTS Kelly Johnson, attorney for the applicant, indicated reasons for the minor conditional use permit request. Jason Ball, representative for 3033 Bristol Street, stated being in support of the request but questioned who was going to enforce the parking. Mr. Johnson stated closing comments. Commissioner McCarthy closed the public hearing. Commissioner and staff discussed the 15 -minute parking at the location and the impact the proposed application might have on the surrounding neighborhood parking. MOTION: Based on the evidence in the record and the findings contained in Exhibit A, the Planning Commission hereby denies ZA-16-34 a minor conditional use permit for two reserved parking spaces at 3033 Bristol Street, Suite A and find that it is exempt from California Environmental Quality Act pursuant to the Planning Commission agenda report and the reasons set forth in it. Moved by Commissioner Sesler, seconded by Commissioner McCarthy. RESOLUTION PC -16-63 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA DENYING MINOR CONDITIONAL USE PERMIT ZA- 16-34 FOR TWO RESERVED PARKING SPACES LOCATED AT 3033 BRISTOL STREET, SUITE A The motion carried by the following roll call vote: Ayes: McCarthy, Sesler, Andranian Noes: None Absent: Dickson, Mathews Abstained: None Commissioner McCarthy explained the appeal process. ._ 2— li�' `®' ATTACHMENT 7 PLANNING COMM/SS/ON AGENDA REPORT MEETING DATE: NOVEMBER 14, 2016 ITEM NUMBER: _ SUBJECT: ZONING APPLICATION ZA-16-34: MINOR CONDITIONAL USE PERMIT FOR TWO RESERVED PARKING SPACES LOCATED AT 3033 BRISTOL STREET, SUITE A DATE: NOVEMBER 4, 2015 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: RYAN LOOMIS, ASSOCIATE PLANNER FOR FURTHER INFORMATION CONTACT: RYAN LOOMIS, AICP (714) 754-5608 ryan.loomis@costamesaca.gov PROJECT DESCRIPTION The applicant is requesting approval of a Minor Conditional Use Permit to deviate from shared parking requirements to allow two reserved parking spaces in front of Suite A to accommodate patrons of the Watch Connection as follows: Days: Tuesday — Saturday Hours: 11AM — 2PM APPLICANT The applicant is Marc Martine, authorized agent of 3033 Bristol Street LLC, the property owner. ENVIRONMENTAL DETERMINATION If approved, the project would be exempt from the provisions of the California Environmental Quality Act under Section 15301 for Existing Facilities. If the use is denied, they would be exempt from the provisions of the California Environmental Quality Act (CEQA) Section 15270(a) for projects which are disapproved. RECOMMENDATION Deny by adoption of Planning Commission resolution. BACKGROUND A request for a Minor Conditional Use Permit is normally an administrative decision by the Zoning Administrator. This request for reserved parking for Watch Connection is located in a retail center with previous and existing issues related to parking, noise and traffic. As such, the Zoning Administrator has decided to forward the request for a Minor Conditional Use Permit to Planning Commission to allow a public hearing of the request. Project Site/Environs The project site is located near the southwest corner of Bristol Street and Paularino Avenue, and contains a one-story, 39,179 square -foot commercial retail center. The property is zoned C1 (Local Business District) and has a General Plan land use designation of General Commercial. The property is bounded by a C1 commercially -zoned property to the south, R3 multiple -family residentially -zoned property to the west, and C1 commercially -zoned properties to the north and east, across Paularino Avenue and Bristol Street, respectively. Existing Tenant Mix The 39,179 square -foot commercial retail center includes a variety of commercial uses. The retail center has a high number of establishments where food or beverages are served, both "small" (300 sq. ft. or less of public serving area) and "large" (over 300 sq. ft. of public serving area). There are currently six existing "large" restaurants, including Halal Guys in Suite "E"; Oki Doki restaurant in Suite "O"; Anjin restaurant in Suite "N"; Hashigo restaurant in Suite "M"; Capital Noodle in Suite "C"; and Hachi Asian Fusion in Suite "D". The retail center also has four existing "small" restaurants, including Creamistry in Suite "F"; California Wok in Suite "H"; Tapioca Express in Suite "L"; and North Shore Poke Company in Suite "Q2". These small eating establishments require the same amount of parking as retail uses. Other uses within the center include a dentist office (medical use), insurance office (office use), and various retail stores. Watch Connection has been a long standing tenant at the retail center, and is located in Suite A. Table 1 provides a breakdown of the current/proposed uses and hours of operation as of October 2016. Table 1— Existinq Tenant Mix and Hours at 3033 Bristol Street Suite Number Business Name Use Hours Leased Area SF A Watch Connection Retail Tue-Fri 11 am -5:30, closed Mon & Sun 2,700 AA Dentist Medical Mon -Fri 11:30am-5pm 2,033 C Capital Noodle Lar e Restaurant Daily to 11 PM 3,300 D Hachi Asian Fusion Lar a Restaurant 5:00 pm- 11 pm M-Thurs 5:OOpm-1 am Fri- Sat 2,100 E Halal Gus Large Restaurant Daily to 11 PM 1,440 F Creamistry Small Restaurant Daily to 11 PM 1,440 F-11 Dive and Photo LLC Retail Daily 1,868 G Insurance Office Mon -Fri 9am- 6pm 1,440 H1 CA Wok Small Restaurant Mon -Sat 11:30am-10pm, Sun 12pm-9pm 1,440 H2 Nail Salon Retail Mon -Sat 9am-7pm, Sun 10am-5pm 1,440 H3 Insurance Office Office 850 H4 Vacant Retail 850 J Vap/Smoke Shop Retail Mon -Sat 10am-10pm, Sun to 8pm 1,800 K Nanu Retail Mon -Fri 10am-8pm, Sat 10am-7pm, Sun 11 am - 6pm 1,440 L Tapioca Express Small Restaurant Mon-Thurs 11 am-12am, Fri -Sat 11 am -1 am, Sun 12pm-12am 1,440 M I Hashi o Restaurant Large Restaurant Lunch Mon -Fri 11:30am- 2pm, Dinner Sun -Wed 5:30-10pm, Thurs-Sat 5:30pm-1 am 1,410 N Anjin Restaurant Large Restaurant Mon -Sun 5 m-1 am 1,410 O Oki Doki Restaurant Large Restaurant Mon -Sun 11:30am-10 m 1,440 P Vacant Retail 1,440 Q Duke Bakery Retail Daily 1,224 Q2 North ShorePoke Small Restaurant N/A 1,152 R Occasional Kids Retail 1,800 S Simply Bridal Retail 3,366 Electrical Room 356 NOTE: 1. Small Restaurant is defined as an establishment with 300 SF or less of public area. 2. Large Restaurant is defined as an establishment with more than 300 SF of public area. Total 39,188 Small Restaurant Percentage 14% Large Restaurant Percentage 28% Total Restaurant Percentage 42% ANALYSIS As shown in Table 1, the retail center includes a high number of establishments where food or beverages are served. "Large" restaurants make up 28% of the total square footage of the retail center, and "small" restaurants make up 14%, for a total of 42% of the retail center leased for eating/drinking establishments. The high number of restaurants in the center has created a parking demand that is higher than the supply of onsite parking during dinner hours (7PM). As a result, the retail center was approved for valet parking services to accommodate anticipated parking demand. Existing Parking Supply There are 167 parking spaces within the existing center, which includes parking located in the rear of the center and one space credit for the bike rack. Table 2 below provides a breakdown of the existing parking supply. TahlP 2. FYictinn Pnrkinri Sirnnly Main Parking Lot 142 parking spaces Rear Parking Lot 24 parking spaces* Bike Rack 1 parking space credit allowed per Code * EXISTING TOTAL 167 parking spaces Includes 1 bike rack and 4 spaces required per ZA-15-22 condition of approval. Existing Parking Demand Table 3 below shows parking demands for both weekday and weekend time periods, based on the existing uses at the retail center and their leasable space. This includes Watch Connection in Suite "A". The table represents a conservative estimate, and accounts for various businesses' closure hours. The table, however, does not account for a restaurant's popularity or unusual high demand for service. Table 3- Shared Parking Demand USE Office <100.000 >100.000 (Sq_ Ft.] (Sq_ Ft.) SHARED PARKING STUDY 3033 Bristol Street 167 parkimq spaces provided Barks Medical Retail Office (Sq_ Ft_j (Sq. Ft.1 (Sq_ Ft_} Total Restagrabt Parkirq 1st 3K >3K Derard (Sq. Ft.) (Sq. Ft.l b* Hoar 22:30.00 i1.17i1 n,1]ii 2i1:]3.ii0 1P:323.00 123 '.,i] siiil.l]1] PEAK DEMAND 3.11 ID. 0i1 1).i]1:1 12.20 11.71 12:3.38 1 1.617 221,.55 WEEKDAY Weekdays 6:00 AM 1] ] 0 1 1] i] 0 1 5:00 AM 7:00 AM 2 ii 1:1 2 6 .2 1:1 12 7:00 AM 0:00 AM 5 ] 0 a 12 5 1] 11 8:00 AM 3:00 AM 8 0 1] 11 29 8 0 53 3:00 AM 10:00 Airs 3 0 1] 12 41 13 1 .32, 10:00 AM 11:00 AM 8 i] 1:1 1$ 617 28 1 111] 11:00 AM NOON 17 0 11 E.6 41 2 134 NOON 1:00 PM 0 0 11 &; 66 155 1:00 PM 2:00 PM 8 ] 0 12 65 51 2 145 2:00 PM 3:00 PM 3 i1 0 11 65 57 2 143 3:00 PM 4:00 PM 1 0 8 617 41 2 125 4:00 PM 5:00 PM 4 17 i] 1] 54 31 1 152 5:00 PM 6:00 PM 1 n 0 ] 11 i 1 15: 6:00 PM 7:00 PM 0 1] 0 1] 47 itis] 4 181] 1 7:00 PM 8:00 PM 1] 1] 0 13 41 130 4 174 8:00 PM 3:00 PM i 1 0 1 1] 28 1:'0 4 152 3:00 PM 10:00 PM ] ] i] 0 15 117 135 10:00 PM 11:00 PM 0 0 i7 0 6 81 3 88 11:00 PM MIDNIGKT 0 1 0 1]0 i1 E. 61 MIDNIGHT MAXIMUM WEEKDAY DEMAND 180 WEEKEND Weekend 6:00 AM 0 0 i] i1 0 i1 1] 0 6:00 AM 7:00 AM 0 i] i] 1] 2 1] 5 7:00 AM 8:00 AM 1 i1 ] 1 3 1] 12 8:00 AM 3:00 AM 1 i] 1 21 22 n 0 30 3:00 AM 10:00 AM 1 1:1 i] 2 3 0 43 10:00 AM 11:00 AM 2 ] i1 2 52 :3 0 65 11:00 AM NOON 2 0 7 2 61 23 1 34 NOON 1:00 PM 1 ) ] 2 63 4:1 2. 115 1:00 PM 2:00 PM 1 :1 0 1 72 4:1 2 113 2:00 PM 3:00 PM 1 f1 0 1 72 4:3 2 11 3:00 PM 4:00 PM 1 ] ] 1 1,5 43 2 1117 4:00 PM 5:00 PM ii ] 0 1] 54 78 2 1:14 5:00 PM 6:00 PM 4 i] 0 0 27 117 3 14 1 16.00 PM 7:00 PM 1:1 0 0 1:1 33 123 3 1611 7:00 PM 8:00 PM 1] i] 0 1] 21 1:si1 4 161 8:00 PM 3:00 PM 1] i] 0 1] 217 130 4 15:1 3:00 PM 10:00 PM] 0 1:3 123 1 145 10.00 PM 11:00 PM 0 ] 0 136 110 3 120 11:00 PM MIDNIGHT ] 0 0 7 7 81 1 :377 MIDNIGHT MAXIMUM WEEKEND DEMAND 161 MOTE: Parking demand exceeds supply during dinner hours from 61PM to $PM, weekdays. REQUIRED PARKING 180.00 EXISTING PARKING SUPPLY 167.00 EXISTING PARKING DEFICIT -13.00 PARKING WITH VALET 17.00 SURPLUS WITH VALET .4.0 According to the table, peak weekday demand occurs at 7PM when 180 parking spaces are required. The peak parking demand during weekends occurs at 8PM when 161 parking spaces are required. The peak weekday demand period creates a parking deficit of 13 parking spaces. On-site Valet Parking On December 14, 2015, Planning Application PA -15-43 was approved for valet parking to help alleviate and accommodate the parking demand. On-site valet parking increased parking supply by 17 parking spaces, including 4 vehicles gained through stall parking and 13 gained through in -aisle parking. As a result, the new parking supply within the retail center increased from 167 spaces to 184 spaces. With valet parking, the retail center has a surplus of four parking spaces during peak weekday demand according to the shared parking study. Request for Reserved Parking Many of the restaurants in the center are very popular and create large influxes of patrons throughout the day, especially during the lunch hour. Valet parking has been approved for the retail center to accommodate for these high demands. As mentioned, however, the shared parking study does not account for a restaurant's popularity or unusual high demand for service. As a result, the retail center has experienced a higher than normal demand for parking. Patrons visiting the site tend to search for open non -valet parking spaces first before parking within the valet spaces. This has caused concern for the owners of Watch Connection, as patrons visiting the watch retailer are unable to park directly in front of the business. The applicant is specifically concerned for the safety and security of customers who purchase high- end products at the store. Customers who visit the various restaurants are using parking spaces valued by Watch Connection. As such, the applicant is requesting two parking spaces in front of the business be specifically reserved for customers during lunchtime hours (11AM- 2PM), Tuesday through Saturday. A sign is proposed in front of the parking spaces to inform visiting patrons of the reserved time periods. JUSTIFICATIONS FOR DENIAL Pursuant to Title 13, Section 13-29(g)(2), Findings, of the Costa Mesa Municipal Code, the Planning Commission shall find that the evidence presented in the administrative record substantially meets specified findings. Staff recommends denial of the proposed project, based on an assessment of facts and findings which are also reflected in the draft resolution as noted below: • Implementation of the reserved parking spaces will not be compatible and harmonious with the neighborhood, and will be materially detrimental to the health safety, and .general welfare of the public or otherwise iniurious to property or improvements within the immediate neighborhood. The Watch Connection is a 2,700 square -foot retail business within a 39,188 square -foot retail center located in the C1 zone. Uses permitted in the C1 zone include restaurants, retail, and offices uses. Each type of use generates various demands for parking. The business is considered a retail use, and requires four parking spaces per 1,000 square feet of leased area. As such, the use generates a maximum demand of 11 parking spaces. The retail center has 167 parking spaces for all center businesses, and valet parking has been provided to remediate the parking shortages found during lunch and dinner hours; the result is a surplus of four spaces for the retail center during peak weekday demand according to the shared parking study. Because the use is located in a retail center with shared parking, Watch Connection does not have exclusive rights for 11 parking spaces. Patrons visiting the retail center park anywhere a parking space is available. Section 13-96 in the Zoning Code clearly prohibits owners and tenants from restricting parking within a shared parking lot: "In nonresidential projects, all parking spaces as provided for by this chapter shall be made permanently available for automobile parking for employees working at the premises, customers and guests having lawful reason to be at the premises for which such parking is required. It shall be unlawful for any owner, lessee, tenant or any person having control of the operation of any premises for which parking is required by this chapter to prevent, prohibit or restrict authorized persons from using parking provided for such persons under the provisions of this chapter, except that parking fees may be charged and valet parking may be offered when and as authorized by a conditional use permit.„ As such, staff is not in support of providing the reserved spaces. Reducing the number of total shared parking spaces by two spaces would further impact the parking problems occurring at the retail center because it will constrain parking for other tenants. Visitors to the retail center who are not visiting Watch Connection may be forced to park offsite and within surrounding neighborhoods if all open parking spaces are utilized and valet is full. Additionally, the times proposed for reserved parking (Tuesday -Saturday, 11 AM to 2PM) does not coincide with the highest demand time for parking, per the shared parking study; a maximum demand of 156 spaces is shown weekdays at 1 PM, resulting, in theory, in an excess of 11 spaces. Staff believes providing time restricted parking (Le 15 -minute parking) instead of reserved parking is a better solution for Watch Connection and the retail center because all parking spaces would remain available for all people who are allowed to park at the site. • Granting the minor conditional use permit for reserved parking will allow a use density, or intensity which is not in accordance with the General Plan designation The request for limited reserved parking at Watch Connection would potentially intensify the subject property and affect neighboring properties. Visitors to the retail center who are not visiting Watch Connection may be forced to park offsite and within surrounding neighborhoods if all open parking spaces are utilized and valet is full. As such, the reserved parking would conflict with General Plan Objective CD -8B and Policy LU -3.1 regarding protecting surrounding neighborhoods. GENERAL PLAN CONFORMITY The retail center has a General Commercial General Plan land use designation. The General Commercial designation is intended to permit a wide range of commercial uses, which serve both local and regional needs. These include markets, retail shops, service establishments, financial institutions, and restaurants. In accordance with the General Plan, approval of the minor conditional use permit for limited reserved parking would allow a use and intensity that is not consistent with the General Plan policies. Policy LU -3.1, for example, states, "Protect existing stabilized residential neighborhoods, from the encroachment of incompatible or potentially disruptive land uses and/or activities." In addition, Objective CD -813 states, "Preserve the scale and character of established neighborhoods near commercial uses." The reserved parking could potentially impact the parking problems occurring at the retail center because it will constrain parking for other tenants. Visitors to the retail center who are not visiting Watch Connection may be forced to park offsite and within surrounding neighborhoods if all open parking spaces are utilized and valet is full. As such, the reserved parking would conflict with Objective CD -813 and Policy LU -3.1. ALTERNATIVES The Commission has the following alternatives: 1. Approve the project with modifications. The Planning Commission may suggest specific changes that are necessary to alleviate concerns. If any of the additional requested changes are substantial, the item should be continued to a future meeting to allow additional analysis. In the event of significant modifications to the proposal, should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions. 2. Deny the proiect. If the Planning Commission believes that there are insufficient facts to support the findings for approval, Planning Commission must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial. If the project were denied, the applicant could not submit substantially the same type of application for six months. CONCLUSION The commercial retail center includes a variety of commercial uses, including many restaurants. As such, parking demand exceeds parking supply. Many business have alternative business hours, which help alleviate parking demand. The retail center was approved for valet parking service, which has increased parking supply. The Watch Connection is concerned with the lack of available parking during lunchtime hours. The business is concerned with the safety and security of visiting patrons to the store. Section 13-96 in the Zoning Code, however, clearly prohibits the owner or tenants from restricting authorized persons from using parking. The limited reserved parking would potentially have an effect on the already constrained parking at the retail center, which may cause patrons to park in surrounding neighborhoods. Therefore, staff recommends denial of the project. RYAN OOMIS, AICP JAY TRE' IN AICP Asso iate Planner Economic Development & Development Services Director/ Consultant Attachments: 1. Location Map, Zoning Map, and Radius Map 2. Site Photos 3. Applicant's Project Description 4. Draft Planning Commission Resolution 5. Plans cc: Director of Economic & Sr. Deputy City Attorney Public Services Director City Engineer Transportation Services Fire Protection Analyst File (2) Jason Ball 3033 Bristol Street, LLC PO Box 1233 Cardiff, CA 92007 Development / Deputy CEO Manager Marc Martine (Watch Connection) 3033 Bristol Street, Suite A Costa Mesa, CA 92626 — �5 / City of Costa Mesa ATTACHMENT 1 JCINITY MAP ',.)33 BRISTOL STREET . 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Q Q Q ° O 0 ¢ v ----- RIX O^ Oz O � 0 _ � N M-1 ix) r{� ATTACHMENT 3 WATCH CONNECTION 3033 Bristol Street, Unit A Costa Mesa, CA 92626 (714) 432-8200 September 15, 2016 City of Costa Mesa Development Services Dept. 77 Fair Drive, PO Box 1200 Costa Mesa, CA 92628 Re: 3033 Bristol Street, Unit A, Costa Mesa, CA 92626 Minor Conditional Use Permit - Watch Connection Attn: Development Services Department, Pursuant to our recent communications and meetings with the City of Costa Mesa, Development Services Department, please see enclosed a completed Planning Application and related documents for a Minor Conditional Use Permit for Watch Connection for park- ing at the above address. With regard thereto, a brief description of the parking project was set forth in the Planning Application and a more detailed project description is set forth hereinbelow. First of all, it should be noted that that City of Costa Mesa is fully aware of the parking problems existing at the subject center and they have been trying to lessen the ongoing parking problems. However, due to the influx of new restaurants that have opened over the past year or two, the parking situation at the center has deteriorated to such an extent that Watch Connection customers are almost always unable to park in the vicinity of their business. Moreover, Watch Connection customers have on many occasions over the past several months been unable to park and/or have been frustrated to such an extent that they simply left the center, which has had a negative impact on Watch Connection's business. In addition to the lack of parking access and availability, it is important to keep in mind the safety and security concerns regarding these ongoing parking issues based on the nature of Watch Connection's business, products and clientele. Similarly, Watch Connection principals, Marc Martine and Chad Alves, major concern is the safety and security of their customers in terms of providing parking for them in close proximity to their store based on their product mix and cost of such products (ie. high- end watches). Therefore, to the extent that the Watch Connection customers can even park to come into their store, which is very difficult right now, the owners don't want their customers to have to walk way across the parking lot with $5,000, $10,000, $20,000 or $50,000+ watches. Much the same, the City of Costa Mesa does not want an assault, theft or other incident to occur in the City as a result of this problematic parking situation. —1?5-- City of Costa Mesa Development Services Dept. September 15, 2016 Page 2 Based thereon, Watch Connection is seeking a Minor Condi- tional Use Permit to allow reserved parking as a reasonable accommodation to alleviate the negative parking impact as follows Hours: 11:00 a.m. - 2:00 p.m. Days: Tuesday - Saturday Total: 15 hours per week Please note that Minor Conditional Use Permit Application relates to the continued use and operation of an existing business that has been located at the subject center since 1980. Furthermore, it is important to keep in mind Watch Connection is only open five (5) days a week from Tuesday through Saturday, and have limited hours of 11:00 a.m. - 5:30 p.m. Tuesday - Friday and 11:00 a.m. - 5:00 p.m. on Saturday. Closed Sunday and Monday. As set forth above, Watch Connection is concerned about both the safety and security concerns as expressed above as well as the very negative financial impact this parking situation has had on their business. Based on the limited hours of operation of the Applicant's business, there will be little, if any, impact on the overall parking situation as a result of these two (2) reserved parking spaces. With regard thereto, all other available parking spaces throughout the center, including valet parking, which Watch Connection customers do not utilize, will continue to be available to meet the needs of the customers of other businesses within the subject center. Moreover, the availability of these two reserved parking spaces for Watch Connection customers will help promote the safety and security of the Watch Connection customers and the center overall. Accordingly, we look forward to implementing reasonable measures to try to lessen and/or overcome this parking situation. Furthermore, Watch Connection is also working with the City on a short-term solution in terms of limited 15 -minute parking signs and painting the curbs green to begin distinguishing this particular parking area, which is directly in front of the Watch Connection business premises. Please contact me at once or our authorized representative, Kelly S. Johnson, if you have any further questions. Thank you. WATCH�P,O I MARTINE, President -,AA- ATTACHMENT 4 RESOLUTION NO. PC -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA DENYING MINOR CONDITIONAL USE PERMIT ZA-16-34 FOR TWO RESERVED PARKING SPACES LOCATED AT 3033 BRISTOL STREET, SUITE A THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Marc Martine, authorized agent for the property owner, 3033 Bristol Street LLC, for a minor conditional use permit for two reserved parking spaces at the commercial retail center located at 3033 Bristol Street in front of Suite A to accommodate patrons of the Watch Connection as follows: • Days: Tuesday - Saturday • Hours: 11 AM - 2PM WHEREAS, a duly noticed public hearing held by the Planning Commission on November 14, 2016 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, the Planning Commission hereby DENIES ZA-16-34 with respect to the property described above. PASSED AND ADOPTED this 14th day of November, 2016. Robert L. Dickson Jr., Chair Costa Mesa Planning Commission ,4-,--) STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Jay Trevino, Acting Secretary to the Planning Commission of the City of Costa Mesa, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Costa Mesa Planning Commission held on November 14th, 2016 by the following votes: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS Jay Trevino, Acting Secretary Costa Mesa Planning Commission —I-U— FINDINGS (DENIAL) A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) with regard to the minor conditional use permit amendment for the following reasons: Required Finding: The proposed use is not compatible with developments in the same general area and would be will be materially detrimental to other properties within the area. Required Finding: Granting the request will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to properties or improvements within the immediate neighborhood. Facts in Support of Finding: Staff is not in support of providing the reserved spaces. Reducing the number of total shared parking spaces by two spaces would further impact the parking problems occurring at the retail center because it will constrain parking for other tenants. Visitors to the retail center who are not visiting Watch Connection may be forced to park offsite and within surrounding neighborhoods if all open parking spaces are utilized and valet is full. Additionally, the times proposed for reserved parking (Tuesday - Saturday, 11 AM to 2PM) does not coincide with the highest demand time for parking, per the shared parking study; a maximum demand of 156 spaces is shown weekdays at 1 PM, resulting, in theory, in an excess of 11 spaces. Staff believes providing time restricted parking (i.e 15 -minute parking) instead of reserved parking is a better solution for Watch Connection and the retail center because all parking spaces would remain available for all people who are allowed to park at the site. Required Finding: Granting the request will allow a use, density, or intensity which is not in accordance with the General Plan designation. Facts in Support of Finding: The request for limited reserved parking at Watch Connection would potentially intensify the subject property and affect neighboring properties. Visitors to the retail center who are not visiting Watch Connection may be forced to park offsite and within surrounding neighborhoods if all open parking spaces are utilized and valet is full. As such, the reserved parking would conflict with General Plan Objective CD - 8B and Policy LU -3.1 regarding protecting surrounding neighborhoods. B. The Costa Mesa Planning Commission has denied Planning Application ZA-16-34. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a) CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is denied, therefore Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code does not apply. ATTACHMENT 5 The Watch Connection 3033 Bristol St. Suite A Costa Mesa, Ca. 92626 714-432-8200 4:7 0v Sign posts 24" from curb ......... . ........... . ..... IU U rEI . . ......... .... . ...... . ....... . .... ....... .... . --7 9 1 ........... .... .. ...... ..... ....... . . . ............... . ......... . .... . ..... .. .... ..... 90 108 small plants watch c6nnecion Lu T"I The Watch Connection 3033 Bristol St. Suite A Costa Mesa, Ca. 92626 714-432-8200 4:7 0v Sign posts 24" from curb WATCH CONNECTION CUSTOMER PARKING ONLY Tuesday — Saturday 11:00 a.m. — 2:00 p.m. VEHICLES WILL BE TOWED AT OWNER'S EXPENSE PER CVC 22658a Costa Mesa Police (949) 754- 5255 * Minimum size must be 17" x 22" proposed size is 21-� w x 3" h * Parking restrictions at least 3" letters at top * Vehicle towing notice at least 1" letters * Signs must be securely fastened (on post) and no lower than 4' & not higher than 7' from ground - Permit to be obtained as needed for signpost (Landlord or Landlord's agent to install) - standard colors subject to City Approval Parking Sign for Minor CUP Watch Connection 3033 Bristol Street, Unit A Costa Mesa, CA 92626 ATTACHMENT 8 RESOLUTION NO. PC -16-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA DENYING MINOR CONDITIONAL USE PERMIT ZA-16-34 FOR TWO RESERVED PARKING SPACES LOCATED AT 3033 BRISTOL STREET, SUITE A THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Marc Martine, authorized agent for the property owner, 3033 Bristol Street LLC, for a minor conditional use permit for two reserved parking spaces at the commercial retail center located at 3033 Bristol Street in front of Suite A to accommodate patrons of the Watch Connection as follows: • Days: Tuesday – Saturday • Hours: 1 1A – 2PM WHEREAS, a duly noticed public hearing held by the Planning Commission on November 14, 2016 and November 21, 2016, 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, the Planning Commission hereby DENIES ZA-16-34 with respect to the property described above. PASSED AND ADOPTED this 21st day of November, 2016. Robert L. Dickson Jr., Chair Costa Mesa Planning Commission —,50— STATE OF CALIFORNIA ) )ss COUNTY OF ORANGE ) I, Jay Trevino, Acting Secretary to the Mesa, do hereby certify that the foregoing meeting of the City of Costa Mesa Planning by the following votes: AYES: McCarthy, Sesler, Andranian NOES: None ASSENT: Dickson, Mathews ABSTAIN: None Planning Commission of the City of Costa Resolution was passed and adopted at a Commission held on November 21st, 2016 Jay T ino, Acting Secretary Costa Mesa Planning Commission ji EXHIBIT A FINDINGS (DENIAL) A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) with regard to the minor conditional use permit amendment for the following reasons: Required Finding: The proposed use is not compatible with developments in the same general area and would be will be materially detrimental to other properties within the area. Required Finding: Granting the request will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to properties or improvements within the immediate neighborhood. Facts in Support of Finding: Staff is not in support of providing the reserved spaces. Reducing the number of total shared parking spaces by two spaces would further impact the parking problems occurring at the retail center because it will constrain parking for other tenants. Visitors to the retail center who are not visiting Watch Connection may be forced to park offsite and within surrounding neighborhoods if all open parking spaces are utilized and valet is full. Additionally, the times proposed for reserved parking (Tuesday - Saturday, 11 AM to 2PM) does not coincide with the highest demand time for parking, per the shared parking study; a maximum demand of 156 spaces is shown weekdays at 1 PM, resulting, in theory, in an excess of 11 spaces. Staff believes providing time restricted parking (Le 15 -minute parking) instead of reserved parking is a better solution for Watch Connection and the retail center because all parking spaces would remain available for all people who are allowed to park at the site. Required Finding: Granting the request will allow a use, density, or intensity which is not in accordance with the General Plan designation. Facts in Support of Finding: The request for limited reserved parking at Watch Connection would potentially intensify the subject property and affect neighboring properties. Visitors to the retail center who are not visiting Watch Connection may be forced to park offsite and within surrounding neighborhoods if all open parking spaces are utilized and valet is full. As such, the reserved parking would conflict with General Plan Objective CD - 813 and Policy LU -3.1 regarding protecting surrounding neighborhoods. B. The Costa Mesa Planning Commission has denied Planning Application ZA-16-34. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a) CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is denied, therefore Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code does not apply.