HomeMy WebLinkAbout17 - PH-4 - Review of Conditional Use Permit PA-17- - 9/5/2017CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 5, 2017 ITEM NUMBER: PH -4
SUBJECT: REVIEW OF CONDITIONAL USE PERMIT PA -17-12 FOR RETAIL SALES OF MOTOR
VEHICLES WITH FIVE OUTDOOR VEHICLE DISPLAY SPACES AT THE SOUTHWEST
CORNER OF RED HILL AVENUE AND CLINTON STREET AT 2920 RED HILL AVENUE
FROM: PLANNING DIVISION / DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: ROGER RATH, ASSISTANT PLANNER
DATE: AUGUST 18, 2017
FOR FURTHER INFORMATION CONTACT: ROGER RATH (714) 754-5609
roger.rath@costamesaca.gov
RECOMMENDATION
The City Council should either uphold, uphold with revisions or reverse the Planning
Commission's decision to approve a Conditional Use Permit (CUP) for motor vehicle retail
sales with five outdoor vehicle display spaces located in a designated area on the corner of
Red Hill Avenue and Clinton Street within private property.
The project was approved by the Planning Commission on July 10, 2017, on a 5-0 vote. A
request to review the action of the Planning Commission was filed on July 12, 2017.
AUTHORIZED AGENT / APPELLANT
The authorized agent is James Santaniello, representing Todd Miller, the property owner.
The request to review the action of the Planning Commission was submitted by
Councilmember James Righeimer.
BACKGROUND
Project Site/Environs
The project site has an area of 2.69 acres with a 50,726 square -foot industrial building.
The site is located at the northeast corner of Red Hill Avenue and Clinton Street. The
property is zoned MP (Industrial Park) with a General Plan land use designation of
Industrial Park. EuroCar, a retail establishment for high-end and exotic vehicles, acquired
its business license on November 5, 2013 for automotive sales with a maximum of one
outdoor car display parking space, which is permitted by right in an MP zone subject to
verification of parking availability. Per a Code Enforcement citation, the applicant was
required to apply for a conditional use permit to allow display of several vehicles within a
designated area or to reduce the number of display vehicles to one or fewer. On April 6,
2017, the applicant filed an application for a conditional use permit. Automobile retail
sales with two or more outdoor display vehicles require approval of a conditional use
permit in the MP zone.
The properties to the north, south, and east of the subject property are also zoned MP.
The property to the east across Red Hill Avenue is zoned PDI (Planned Development
Industrial).
ANALYSIS
Project Description
The current business operations include a retail sales operation of high-end and exotic
automobiles averaging $100,000 per vehicle. Approximately, 140 vehicles are housed in the
warehouse as a showroom for patrons to view Monday through Saturday or by
appointments on Sunday. Automobile retail with up to one outdoor display space is
permitted in the MP zone, and the inclusion of additional outdoor display spaces requires
approval of a conditional use permit.
Parking
In the original report presented at the July 10, 2017 Planning Commission meeting, it was
indicated that the business operation required retail/office use parking standards of 4
spaces per 1,000 square feet. It was since ascertained that automobile dealership parking
requirements are determined by the underlying zone; consequently, industrial parking
standards would be applied.
Code -required parking for industrial uses is 3 parking spaces per 1,000 square feet for
the first 25,000 square feet of building area; 2 spaces per 1,000 square feet for the next
25,000 square feet; and 1.5 spaces per thousand square feet for any area in excess of
50,000 square feet. This would result in a requirement of 126 parking spaces for this
50,726 square -foot building. The property was developed with 111 parking spaces in July
25, 1974. Therefore, the property is legal nonconforming. Per Code, alteration of
developments may be made provided that the development will not be made more
nonconforming. However, approval of the outdoor display space will not affect the current
parking as the display spaces are allocated on the corner of Red Hill Avenue and Clinton
Street in the front of the building (Attachment 6).
Per Condition of Approval Number 1, the proposed business is limited to five display
vehicles in said location. However, historically, the City has allowed dealerships to use
required parking for display purposes while reserving a certain number of spaces —
determined through the conditional use permit for the dealership — for guest parking. If
parking problems arose, the dealership would be required to reduce the number of display
cars to accommodate additional guest spaces. Therefore, it would not be inconsistent for
the City Council to allow some display spaces in the parking lot. Consequently, the City
Council may choose to alter Condition of Approval Number 1 to increase the number of
outdoor display vehicles by allowing display in the parking lot.
Code Enforcement
In addition to the above noted code enforcement action, on June 27, 2017, a complaint was
received regarding the use of a temporary vehicle ramp. The ramp is used for transporting
vehicles to the adjacent property to the east at 2925 Airway Street. Following a site visit, it
was determined that a building permit is not required and there is no code violation.
Planning Commission Action
On July 10, 2017, the project was considered by the Planning Commission. Based on the
evidence presented by the applicant and testimony during the hearing, the Planning
Commission approved the project on a 5-0 vote. Through its approval, the Planning
Commission revised Condition of Approval #1 to prohibit the display of vehicles in the
parking lot; in other words, the applicant is limited to only displaying vehicles at the approved
display location. This action is consistent with the applicant's request through which vehicle
display was only requested adjacent to the intersection.
Additionally, for the display area, staff had recommended the installation of artificial turf in
place of the concrete to meet the intent of providing a spacious environment in a park -like
setting in the Industrial Park zone. The Planning Commission did not concur with staff and
removed the condition requiring installation of artificial turf. From aerial views, it appears that
a portion of the required landscape setback was replaced with concrete which was used for
auto display. Condition of Approval #14 was added to ensure a minimum 20 -foot front and
side yard landscaping setback area would be restored with natural turf. This would require
the partial removal of the existing concrete display pad.
A link to the Planning Commission staff report can be found on the City's website here
(hardcopy also attached to this report):
https:Hwww.costamesaca.gov/ftp/p Ian ningcorn mission/agenda/2017/2017-07-05/PH-2. Pdf
The excerpt of the Planning Commission meeting minutes for the item are attached to this
report (Attachment 6).
Appeal of Planning Commission Action
On July 12, 2017, a request to review the action of the Planning Commission was filed by
Councilmember Righeimer. The request states that the Planning Commission's thoughts,
procedure, and logic in this decision will be reviewed by City Council.
De Novo Hearing
The City Council hearing is a de novo hearing in which the City Council may consider the
project in its entirety. The City Council may consider all aspects of the proposed use.
LEGAL REVIEW
The City Attorney has reviewed the draft resolutions and they have been approved as to
form by the City Attorney's Office.
ALTERNATIVES
The City Council may take the following actions:
1. Uphold the Planning Commission's decision to approve the project;
2. Approve the project subject to revised conditions of approval; or
3. Reverse the Planning Commission's decision and deny the project.
Under Alternative 2, significant modifications to the conditions of approval may trigger the
need to continue the hearing to allow a revised resolution to be prepared and considered
at a subsequent meeting.
CONCLUSION
De novo literally translates to "anew," "afresh" or "a second time." A de novo hearing is
essentially a new proceeding where the proposal is presented to the City Council for final
consideration. In its decision making, City Council is not restricted to the evidence that
was previously presented to the Planning Commission.
ROGER RATH BARRY CURTIS, AICP
Assistant Planner Economic Development & Development
Services Director
Attachments: 1. Location Map, Zoning Map, and 500' Radius Map
2. Site Photos
3. Appeal
4. Applicant's Letter
5. Draft Resolutions and Exhibits
6. Plans
7. Planning Commission Meeting Minutes
8. Julv 10. 2017 Plannina Commission Staff ReDort and
Attachments
9. Plannina Commission Resolution
VI
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ELEVATIONS
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ATTACHMENT 3
Costa Mess
City of Costa Mesa
❑ Appeal of Commission Decision - $1,220.00
❑ Appeal of Zoning Administrator/Staff Decision - $690.00
(FEES MUST BE PAID IN FULL AT TIME OFFILING APPEAL)
APPLICATION FOR APPEAL OR REVIEW
Applicant Name` 60VWG(Lc6AQ WAMFS NCrk—Arg
Address: — 1 M ZS.A -
Phone: -M- Representing: C rrl LFNs Of C,Os r"A MESA
REQUEST FOR: ❑ APPEAL ±rREVIEW*-
Decision
of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if
known.)
7012-0 AVC- -1 Cv %Tial M E: &A -- t:-0 F1d> ",A R
Decision by: YL-ANNtN G' COMM15$1Of%)
Reasons for requesting appeal or review:
P-F.V I E W TAE P L ANIVINcr &MM i S i 1 can) S -T" )00 G O T S,
4k LOGIC- IN MAKIN& PEe-I%k00Q-
Date: " i 2- . + Signature:
*If you are serving as the agent for another person, please identify the son you represent and provide proof of authorization.
"Review may be requested only by Commissions, Commission Me ers, City Council, or City Council Members.
For office use only- do not write below this line REV 9-1-15
SCHEDULED FOR THE CITY COUNCIUCOMMISSION MEETING OF:
ATTACHMENT 4
Eurocar
2920 Redhill Ave.
Costa Mesa, Ca 92626
To:
City of Costa Mesa, Planning Department
77 Fair Drive
Costa Mesa, California 92626
RE: Application Letter for CUP
Eurocar
2920 Redhill Ave., Costa Mesa, Ca
Eurocar would like to be allowed to park more than one car in their vehicle display area
on the corner of Redhill Avenue and Clinton Street. The business of Eurocar is retail car
sales and they carry a vast assortment of vehicles and would like to be able to display
more than one car to show the variety of their merchandise. We feel that displaying only
one car limits this opportunity and does not give the public an accurate picture of what is
available to them.
We do not feel that this would have any negative impact on the Airport Industrial zone
in which Eurocar is located and feel that the display of our automobiles that are
considered to be "works of art" will have a positive impact on the area as well as
generating more sales for Eurocar and more tax dollars fo the city of Costa Mesa.
We appreciate your consideration.
Thank You,
Eurocar
� rl .1 -
IU
June 27, 2017
To whom it may concern,
Eurocar is an exotic car dealership in Costa Mesa, CA that sells, purchases,
wholesales and consigns many different exotic vehicles. We have approximately
140 vehicles located on site in our showroom. On average, each car is worth
$100k. We are open to the public Monday through Saturday and by appointment
on Sundays. Our leads come in from online websites such as eBay, Cargurus,
AutoTrader and our website, as well as walk-in traffic. Our receptionist greets
guests as they walk in and assigns them to a sales expert. Eurocar employs
approximately 25 employees on a regular basis. Please feel free to contact us
should you require any additional information.
Thank you,
EUROCAR DLR 85356
Kristy Tibbetts
Controller
949-722-7121 ext. 223
e
Received
City of Costa Mesa
Development Services Department
JUN 2 7 2017
69a® FSE® HALL. AVE. CDSTA McSA, CA 00606
ATTACHMENT 5
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA UPHOLDING THE PLANNING COMMISSION'S
DECISION AND APPROVING PLANNING APPLICATION PA -
17 -12 FOR A CONDITIONAL USE PERMIT FOR RETAIL
SALES OF MOTOR VEHICLES WITH FIVE (5) OUTDOOR
DISPLAY PARKING SPACES AT THE SOUTHWEST
CORNER OF RED HILL AVENUE AND CLINTON STREET
FOR EUROCAR AT 2920 RED HILL AVENUE
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by Jim Santaniello, authorized agent for the
property owner, Todd Miller, with respect to the real property located at 2920 Red Hill
Avenue.
WHEREAS, the proposed project involves a conditional use permit for automobile
retail sales with five (5) outdoor display space in a 50,726 square foot building at 2920
Red Hill Avenue.
WHEREAS, a duly noticed public hearing held by the Planning Commission on
July 10, 2017 with all persons having the opportunity to speak for and against the
proposal, and the project was approved by the Commission on a 5-0 vote.
WHEREAS, a review of the Planning Commission's approval of the project was
filed on July 12, 2017.
WHEREAS, a duly noticed public hearing held by the City Council on September
5, 2017, with all persons having the opportunity to speak for and against the proposal.
WHEREAS, the project has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental
procedures, and has been found to be exempt from CEQA under Section 15301 for
Existing Facilities.
WHEREAS, the CEQA categorical exemption for this project reflects the
independent judgment of the City of Costa Mesa.
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit A, and subject to the conditions of contained within Exhibit B, the City
Council hereby APPROVES Planning Application PA -17-12.
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 -17-12, and upon the
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
and/or mitigation measures.
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 5th day of September, 2017.
KATRINA FOLEY
Mayor, City of Costa Mesa
ATTEST: APPROVED AS TO FORM:
CITY CLERK OF THE CITY ATTORNEY
CITY OF COSTA MESA
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 5th day of September,
2017, and thereafter passed and adopted as a whole at the regular meeting of said City
Council held on the 5th day of September, 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
FINDINGS (APPROVAL)
v
0
EXHIBIT A
The proposed project complies with Costa Mesa Municipal Code Section 13-29(g)(2)
because:
Finding: The proposed use is substantially compatible with the developments in the
same general area and would not be materially detrimental to other people within the
area.
Facts in Support of Findings: The proposed automobile retail with outdoor
display is compatible with the light industrial uses immediately surrounding the
subject property in that it is for high-end vehicles only, which will decrease
customer traffic to the property visual impacts to Red Hill Avenue and
surrounding properties.
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 nature of low customer traffic to an
establishment selling only high-end cars ensures that customer traffic to the
subject property does not interfere with parking on adjacent properties or
traffic on Red Hill Avenue.
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 Industrial Park land use designation is
intended to apply to large districts that contain a variety of industrial and
compatible office and support commercial uses, including vehicle retail sales.
The subject property is buffered from sensitive land uses in that it is
surrounded by commercial properties, and the low traffic generated by high-
end vehicle retail sales will ensure that the intensity of use does not exceed
the intent of the General Plan.
The proposed project complies with Costa Mesa Municipal Code Section 13-29(e)
because:
Finding: The proposed use is compatible and harmonious with uses on surrounding
properties.
Facts in Support of Finding: The code defines the Industrial Park zone as a
district that is intended for large, concentrated industrial areas where the aim
of development is to create a spacious environment in a park -like setting. The
proposed artificial turf on the concrete pad where the automobiles will be
displayed, will help maintain a park -like setting within the surrounding area.
The display area is outside the 20 -foot landscape area. In addition, the use of
automobile retail with two (2) or more display parking spaces is a permitted
use in the MG zone with an approval of a conditional use permit. Therefore,
the Zoning Code views the use as substantially compatible with the
developments in the same general area provided that conditions are attached.
Finding: 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.
Facts in Support of Finding: The automobile retail use is conditioned to
operate as described in the submitted business description, with high-end
vehicles displayed only in the designated area at the corner of the property on
Red Hill Avenue and Clinton Street. The nature of low customer traffic to an
establishment selling only high-end cars ensures that customer traffic to the
subject property does not interfere with parking on adjacent properties or traffic
on Red Hill Avenue.
Finding: The project, as conditioned, is consistent with the General Plan.
Facts in Support of Finding: The project, as conditioned, is consistent with
the General Plan. The project is consistent with the General Plan land use
designation of Industrial Park. This designation is intended to apply to large
districts that contain a variety of industrial and compatible office and support
commercial uses. The proposed project is insulated from sensitive land uses,
and is abutting light industrial and commercial uses.
Finding: The planning application is for a project -specific case and does not
establish a precedent for future development.
Facts in Support of Finding: Approval will apply to this project -specific
locations. Conditions have been included that are specific to the proposed
project.
C. Finding: The project is exempt from the provisions of the California Environmental
Quality Act under Section 15301 (Class 1) for Existing Facilities.
Facts in Support of Finding: Because the tenant improvement 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.
EXHIBIT B
CONDITIONS OF APPROVAL
Ping. 1. The use shall be limited to the type of operation described in this staff
PC report: high-end automobile retail sales with five (5) outdoor display
spaces strictly limited to the corner of the property at Red Hill Avenue and
Clinton Street on a concrete pad. No display of automobiles is allowed in
the parking lot. Any significant change in the operational characteristics
will require approval of an amendment to the conditional use permit,
subject to Planning Commission approval.
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 (1) City's approval of the project,
including but not limited to any proceeding under the California
Environmental Quality Act. The indemnification shall include, but not be
limited to, damages, fees and/or costs awarded against the City, if any,
and cost of suit, attorney's fees, and other costs, liabilities and expenses
incurred in connection with such proceeding whether incurred by the
applicant, the City and/or the parties initiating or bringing such proceeding.
This indemnity provision shall include the 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.
3. 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 Economic Development & Development Services Director/Deputy
CEO or his designee, any of the findings upon which the approval was
based are no longer applicable.
4. The conditions of approval, code requirements, and special district
requirements of PA -17-12 shall be blueprinted on the face of the site plan as
part of the plan check submittal package.
5. 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.
6. 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.
7. Parking for patrons and employees of the business shall occur on-site or
at 2920 Red Hill Avenue. Employee or patron parking on public streets or
adjacent properties not included in the parking agreement shall be
considered a violation of the terms of approval of the conditional use
permit.
8. The display vehicles shall be limited to high-end vehicle luxury line of cars
and collector cars, but not limited to, Ferrari, Maserati, BMW, and
Mercedes.
9. The display space shall meet all required landscape setback.
10. There shall be no signs placed on the vehicles or display of prices of the
vehicles for sale.
11. There shall be no outdoor amplification or loudspeakers.
12. The concrete area shall be restored to landscaping if the display area is
not used.
13. In the event of a discontinuance of use, the business shall restore the site
to original condition, including but not limited to, removing all temporary
structures, restore landscaping, and repaving.
PC 14. The 20 feet front and side landscape setback shall be restored with natural
turf, which requires the partial removal of the existing concrete display pad.
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. All contractors and subcontractors must have valid business licenses to
do 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.
2. All noise -generating construction activities shall be limited to 7 a.m. to 7 p.m.
Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise -generating
construction activities shall be prohibited on Sunday and the following
Federal holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day.
Bldg. 3. Comply with the requirements of the following adopted codes: 2016
California Residential Code, 2016 California Building Code, 2016
California Electrical Code, 2016 California Mechanical Code, 2016
California Plumbing Code, 2016 California Green Building Standards
Code and 2016 California Energy Code (or the applicable adopted,
California Residential Code, California Building Code, California Electrical
Code, California Mechanical Code, California Plumbing Code, California
Green Building Standards and California Energy Code at the time of plan
submittal or permit issuance) and California Code of Regulations also
known as the California Building Standards Code, as amended by the City
of Costa Mesa. Requirements for accessibility to sites, facilities, buildings
and elements by individuals with disability shall comply with chapter 11 B
of the 2016 California Building Code.
SPECIAL DISTRICT REQUIREMENTS
The requirements of the following special districts are hereby forwarded to the applicant:
Sani. 1. Comply with the requirements of the California Department of Food and
Agriculture (CDFA) to determine if red imported fire ants exist on the property
prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for
information
AQMD 2. Applicant shall contact the Air Quality Management District (800) 288-7664
for potential additional conditions of development or for additional permits
required by AQMD.
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA DENYING PLANNING APPLICATION PA -17-
12 FOR A CONDITIONAL USE PERMIT FOR RETAIL SALES
OF MOTOR VEHICLES WITH FIVE (5) OUTDOOR DISPLAY
PARKING SPACES AT THE SOUTHWEST CORNER OF RED
HILL AVENUE AND CLINTON STREET FOR EUROCAR AT
2920 RED HILL AVENUE
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by Jim Santaniello, authorized agent for the
property owner, Todd Miller, with respect to the real property located at 2920 Red Hill
Avenue.
WHEREAS, the proposed project involves a conditional use permit for automobile
retail sales with five (5) outdoor display space in a 50,726 square foot building at 2920
Red Hill Avenue..
WHEREAS, a duly noticed public hearing held by the Planning Commission on July
10, 2017 with all persons having the opportunity to speak for and against the proposal,
and the project was approved by the Commission on a 5-0 vote.
WHEREAS, a review of the Planning Commission's approval of the project was
filed on July 12, 2017.
WHEREAS, a duly noticed public hearing held by the City Council on September
5, 2017 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 City Council DENIES Planning Application PA -17-12 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.
PASSED AND ADOPTED this 5th day of September, 2017.
KATRINA FOLEY
Mayor, City of Costa Mesa
ATTEST: APPROVED AS TO FORM:
CITY CLERK OF THE CITY ATTORNEY
CITY OF COSTA MESA
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 5th day of September,
2017, and thereafter passed and adopted as a whole at the regular meeting of said City
Council held on the 5th day of September, 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
EXHIBIT A
FINDINGS (DENIAL)
A. The information presented does not comply with Costa Mesa Municipal Code
Section 13-29(g)(2) in that:
Finding: The proposed use is not compatible with developments in the same
general area and would be materially detrimental to other properties within the
area.
Finding: Granting the conditional use permit will be materially detrimental to the
health, safety, and general welfare of the public or otherwise injurious to property
or improvements within the immediate neighborhood.
Finding: Granting the conditional use permit will allow a use, density, or intensity
which is not in accordance with the General plan designation.
B. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures.
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 exempt from Chapter XII, Article 3, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
PROPERTY LINE 446.68' –
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TOTAL REQUIRED
126 SPACES
PARKING PROVIO-D:
111 SPACES
NOTE: ADDITIONAL PARKING PROVIDED INSIDE WAREHOUSE,
ALTERNATE METHOD:
2920 RED HILL AVE ZONING: INDUSTRIAL PARK
PARKING REQUIRED: (APPLIANCE)
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11ROJECT IN' MIATION — ARD CALL ],c ONL
OWNER: MILLER, TODD BARRY TR SITE AREA : 2 69 ACRES
99 CORPORATE DR-, SUITE 100 BUILDING AREA 50,726 SF
LADERA RANCH, CA 92694 LOT COVERAGE: 437.
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_ LEGAL DESCRIPTION
03/30/17
2920 RED HILL AVE ZONING: INDUSTRIAL PARK
COSTA CA, 92626 OCCUPANCY: M/F/S
TRACT: 1406 CONSTRUCTION TYPE:111- A
LOT: 12 UNITS I
APN: 427-163-01 YEAR BUILT: 1974
COVER/SITE PLAN
SCOPE OF WORK
vec:
C.U.P. TO ALLOW FOR MORE THAN ONE CAR TO BE DISPLAYED IN EXISTING
VEHICLE DISPLAY AREA
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ATTACHMENT 7
APPROVED MINUTE EXCERPTS FROM THE
JULY 10, 2017 PLANNING COMMISSION MEETING
(Public Hearing No. 2 — PA -17-12)
2. PLANNING APPLICATION PA -17-12 FOR A CONDITIONAL USE PERMIT FOR
RETAIL SALES OF MOTOR VEHICLES WITH FIVE (5) OUTDOOR DISPLAY
PARKING SPACES AT THE SOUTHWEST CORNER OF RED HILL AVENUE AND
CLINTON STREET FOR EUROCAR AT 2920 RED HILL AVENUE
Project Description: The proposed request, involves a Conditional Use Permit (CUP)
for motor vehicle retail sales with five (5) outdoor display parking spaces located in a
designated artificial turf area on the corner of Red Hill Avenue and Clinton Street within
private property.
Environmental Determination: The project is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) under Section 15301
(Class 1), Existing Facilities.
No ex -parte communications to report.
Roger Rath, Assistant Planner, presented the staff report.
Commissioners and staff discussed how many display cars are allowed to be parked
out front of the business; how long the business has been parking displaying cars at the
corner and on-site; if display parking spaces can occur in the parking lot; how much
landscape is required; why the requirement for artificial turf; Condition of Approval No.
1 referring to the Zoning Code's requirement of no display cars parked in a parking lot;
and if the Code Enforcement case had been closed.
PUBLIC COMMENTS
Jim Santaniello, applicant, stated he has read the conditions of approval and agrees to
them.
Chair Andranian asked Mr. Santaniello if he understood Condition of Approval No. 1
requirement that all outdoor display of cars is limited to five. Mr. Santaniello responded
that he did not. He thought the condition was in reference to the concrete pad area only.
Commissioners and Mr. Santaniello discussed how long the operator of the business
had more than one display car on the corner concrete pad; the reasoning behind the
artificial turf; and if the concrete pad was part of the original plans.
Vice -Chair de Arakal and Commissioner Harlan stated concerns with the requirement
2-7
of the artificial turf.
A speaker spoke in support of the application and with having more display cars parked
out front of the business.
Mr. Santaniello stated he is willing to comply and agreed with not having the artificial
turf.
Vice -Chair de Arakal stated concerns with the applicant not being aware of conditions
of approval and not allowing display cars in the parking lot other than the corner area.
The Chair closed the public hearing.
Commissioner Kerins spoke in support of the application.
Commissioner Harlan suggested adding a condition of approval that all inventory needs
to be warehoused.
Motion: Move that the Planning Commission find that the project is
categorically exempt from the provisions of the California Environmental
Quality Act Section 15301; and adopt a resolution to approve Planning
Application PA -17-12, subject to conditions of approval with the following
modification:
Add a condition of approval that all inventory must be warehoused inside the
building.
Moved by Commissioner Harlan, seconded, by Vice -Chair de Arakal with
discussion.
Chair Andranian suggested adding to the motion that the artificial turf be optional, not
mandatory.
Commissioners and staff discussed requiring artificial turf; if a permit was required to
pour concrete; and what code violations occurred.
Chair Andranian withdrew his suggestion of amending the motion.
Vice -Chair de Arakal withdrew his second to the motion and stated a substitute
motion.
Substitute Motion: Move that the Planning Commission find that the project is
categorically exempt from the provisions of the California Environmental
Quality Act Section 15301; and adopt a resolution to approve Planning
Application PA -17-12, subject to conditions of approval with the following
modifications:
Condition of Approval No. 1 to read: "The use shall be limited to the type of
operation described in this staff report: high-end automobile retail sales with
five (5) outdoor display spaces strictly limited to the corner of the property at
Red Hill Avenue and Clinton Street on a concrete pad. No display of
automobiles is allowed in the parking lot. Any significant change in the
operational characteristics will require approval of an amendment to the
conditional use permit, subject to Planning Commission approval".
Add a Condition of Approval No. 14 to read: "The 20 feet front and side
landscape setback shall be restored with natural turf, which requires the partial
removal of the existing concrete display pad".
Moved by Vice -Chair de Arakal, seconded by Commissioner Harlan.
RESOLUTION PC -17-25 — A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -17-12
FOR A CONDITIONAL USE PERMIT FOR RETAIL SALES OF MOTOR VEHICLES
WITH FIVE (5) OUTDOOR DISPLAY PARKING SPACES AT THE SOUTHWEST
CORNER OF RED HILL AVENUE AND CLINTON STREET FOR EUROCAR AT
2920 RED HILL AVENUE
The motion carried by the following roll call vote:
Ayes:
Andranian, de Arakal, Harlan, Kerins, Navarro Woods
Noes:
None
Absent:
None
Abstained:
None
The Chair explained the appeal process.
ATTACHMENT 8
AGENDA REPORT
MEETING DATE: JULY 10, 2017 ITEM NUMBER: N -a
SUBJECT: PLANNING APPLICATION PA -17-12 FOR A CONDITIONAL USE PERMIT FOR
RETAIL SALES OF MOTOR VEHICLES WITH FIVE (5) OUTDOOR DISPLAY
PARKING SPACES AT THE SOUTHWEST CORNER OF RED HILL AVENUE AND
CLINTON STREET FOR EUROCAR AT 2920 RED HILL AVENUE
DATE: JUNE 30, 2017
FROM: PLANNING DIVISION / DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: ROGER RATH, ASSISTANT PLANNER
FOR FURTHER INFORMATION CONTACT: ROGER RATH (714) 754-5509
roger.rath@costamesaca.gov
DESCRIPTION
The proposed request involves a Conditional Use Permit (CUP) for motor vehicle retail
sales with five (5) outdoor display parking spaces located in a designated artificial turf area
on the corner of Red Hill Avenue and Clinton Street within private property.
The applicant/authorized agent is James Santaniello, for the property owner, Todd
Miller.
RECOMMENDATION
1. Find that the project is categorically exempt from the provisions of the California
Environmental Quality Act Section 15301; and
2. Adopt a resolution to approve Planning Application PA -17-12, subject to conditions
of approval.
Location: 1 2920 Red Hill Avenue I Application No: I PA -17-12
Request: Motor vehicle sales with five (5) outdoor display parking spaces
SUBJECT PROPERTY: SURROUNDING PROPFRTY-
Zone:
MP
North: MP; Industrial Park
General Plan:
Industrial Park IP
South: MP; Industrial Park
Lot Dimensions:
Irregular
East: MP; Industrial Park
Lot Area:
2.69 Acres
West: PDI; Planned Development Industrial
Existing
Development:
50,726 square feet one-story industrial building
DEVELOPMENT STANDARD COMPARISON
D- - ®e o. a
Cot
- - --- - ---- ---
-•,lu iredIA1 lowed;'
Jl ® •. a
•®• -• • e-•
Lot Width
N/A
Irregular
Lot Area
N/A
2.69 Acres
Maximum Building/Structure Height
3 stories/45 feet
1 stories
Setbacks:
Front
20 ft.
20 ft.
Side
20 ft.
20 ft.
Rear Interior
0 ft.
10 ft.
Parking:
Industrial Use
126
111
Retail/Office Use
203
111
Final Action Plannin Commission
CEQA Review Exempt
Legai nonconrorming
BACKGROUND
Project Site/Environs
The project site is a 2.69 -acre lot with a 50,726 square foot industrial building on the
corner of Red Hill Avenue and Clinton Street. The property is zoned MP (Industrial
Park) with a General Plan land use designation of Industrial Park. EuroCar, a retail
establishment for high-end and exotic vehicles, had acquired their business license on
November 5, 2013 for automotive sales with one (1) or less outdoor car'display parking
space, which is permitted by right in an MP zone subject to verification of parking
availability. Per a Code Enforcement citation, the applicant was required to apply for a
conditional use permit to allow display of several vehicles within a designated area or
reduce the display vehicle to one or less car display. On April 6, 2017, the applicant filed
for a conditional use permit. Automobile retail sales with two or more outdoor display
spaces require approval of a conditional use permit in the MP zone. With submittal of
the CUP, the code enforcement case was closed.
The properties to the north, south, and east of the subject property are also zoned MP.
The property to the east across Red Hill Avenue is zoned PDI (Planned Development
Industrial).
There are currently no open Code Enforcement cases pending for this subject property.
On June 27, 2017, a complaint was received, regarding the use of a temporary vehicle
ramp, transporting vehicles to the adjacent property for inspections and storage. The
customer parking is outside the fence area, all inspections and storage are conducted
within the building and the property owner is subleasing from PBRVII LLC, the.owner of
2925 Airway Avenue. Since the ramp is not a fixed structure, a building permit is not
required and it is not a code violation.
ANALYSIS
Project Description
The current business operations includes a retail sales operation of high-end and exotic
automobiles averaging $100,000 per vehicle. Approximately, 140 vehicles are housed in
the warehouse as a showroom for patrons to view Monday through Saturday or by
appointments on Sunday. Automobile retail with up to one outdoor display space is
permitted in the MP zone, and the inclusion of additional outdoor display spaces requires
approval of a conditional use permit.
Parking
Code -required parking for retail uses is 4 parking spaces per 1,000 square foot, or 203
parking spaces for this 50,726 square foot building. The property was developed with 111
parking spaces in July 25, 1974. Therefore, the property is legal nonconforming. Per code,
alteration of developments may be made provided that the development will not be made
more nonconforming. The approval of the outdoor display space will not affect the current
parking as the display spaces are allocated on the corner of Red Hill Avenue and Clinton
Street in the front of the building (Attachment 5)-. The business will be limited to five (5)
display vehicles in said location as required by Condition of Approval 1.
Site Improvements
The current concrete vehicle display pad will be reduced with required landscaping to
meet code setback standards. The business proposes to cover the remaining cement pad
with an artificial turf to provide a park -like setting to match the Industrial Park zone
intention and reduce the visibility of concrete.
General Plan Conformance
The proposed project is to allow the current business operation to have five (5) display
spaces on the property on a display pad on the corner of Red Hill Avenue and Clinton
Street. The project is consistent with the current zone and Industrial Park General Plan
land use designation.
The following analysis evaluates the proposed project's consistency with specific goals,
objectives, and policies of the General Plan, Land Use Element.
1. Policy LU -6.2: Continue to promote and support the vitality of commercial uses to
meet the needs of local residents and that support regional -serving commercial
centers.
Consistency. The project. is an existing automobile retail sales business and
serves the needs of local residents and the region with the sales of high-end
vehicles.
2. Policy LU -6.6: Continue to encourage and retain land uses that generate
sustainable sales and property tax revenues, including regional commercial
destinations and automobile dealerships.
Consistency. The project is an automobile dealership and generates
sustainable sales and tax revenue for the City.
JUSTIFICATIONS FOR APPROVAL
Pursuant to Title 13, Section 13-29(g), 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 approval of the proposed
project, based on the following assessment of facts and findings, which are also reflected
in the draft resolution.
• Given the limited display area approximately 1,000 square feet within the
designated space on the corner of the property on Red Hill Avenue and Clinton
Street, the proposed high-end automotive retail sales would be substantially
compatible with surrounding light industrial uses The code defines the Industrial
Park zone as a district that is intended for large, concentrated industrial areas
where the aim of development is to create a spacious environment in a park -like
setting. The proposed artificial turf on the concrete pad where the automobiles will
be displayed, will help maintain a park -like setting within the surrounding area. The
display area is outside the 20 -foot landscape area. In addition, the use of
automobile retail with five (5) display parking spaces is a permitted use in the MG
zone with an approval of a conditional use permit. Therefore, the Zoning Code
views the use as substantially compatible with the developments in the same
general area provided that conditions are attached.
Granting the CUP for outdoor display of vehicles will not be materially detrimental to
the health, safety, and general welfare of the public The automobile retail use is
conditioned to operate as described in the submitted business description, with
high-end vehicles displayed only in the designated area at the corner of the
property on Red Hill Avenue and Clinton Street. The nature of low customer traffic
to an establishment selling only high-end cars ensures that customer traffic to the
subject property does not interfere with parking on adjacent properties or traffic on
Red Hill Avenue.
Granting the CUP for outdoor display of vehicles will not allow a use density or
intensity which is not in accordance with the General Plan The use will require
little to no construction in terms of tenant improvement as the business is already
in operation. The majority of the high-end vehicles are stored within the building
and used as the main space for customers to view and purchase vehicles. The
Industrial Park land use designation is intended to apply to large districts that
contain a variety of industrial and compatible office and support commercial
uses. The subject property is insulated from sensitive land uses, and the low
traffic generated by retail use will ensure that the intensity of use does not
exceed the intent of the General Plan.
The project is exempt from the provisions of tl
under Section 15301 (Class 1), Existing FacilitiE
alteration of existing public or private structures
use.
LEGAL REVIEW
e California Environmental Quality Act
3. This exemption applies to the minor
involving negligible or no expansion of
The draft resolutions have been reviewed and approved as to form by the City Attorney's
Office.
PUBLIC NOTICE
Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types
of public notification have been completed no less than 10 days prior to the date of the
public hearing:
1. Mailed notice. A public notice was mailed to all property owners within a 500 -foot
radius of the project site. The required notice radius is measured from the
external boundaries of the property. (See attached Notification Radius Map.)
2. On-site posting. A public notice was posted on each street frontage of the
project site.
3. Newspaper publication. A public notice was published once in the Daily Pilot
newspaper.
As of June 30, 2017, application PA -17-12 has not received any communications from any
property owners located within a 500 -foot radius of the property site. Any public
comments received prior to the June 30, 2017 Planning Commission will be provided
separately.
The Planning Commission has the following alternatives:
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 a redesign or 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 project. 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
It is staff's opinion that the proposed use, with the recommended conditions of approval,
will be consistent with City's Zoning Code and General Plan. The proposed project, as
conditioned, will minimize any adverse impacts to the surrounding properties.
R GER RATH
Assistant Planner
4JAREVINO, AICP
Development Services Department
Consultant
•
u -
Distribution: Development Services Department Consultant
Interim Assistant Development Services Director
Senior Deputy City Attorney
Public Services Director
City Engineer
Transportation Services Manager
Fire Protection Analyst
File (2)
Property Todd Miller
Owner: 2102 Business Center Drive
Irvine, CA 92660
Applicant: James Santaniello
3419 Via Lido
Newport Beach, CA 92664
ATTACHMENT 9
RESOLUTION NO. PC -17-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF COSTA MESA APPROVING PLANNING
APPLICATION PA -17-12 FOR A CONDITIONAL USE PERMIT
FOR RETAIL SALES OF MOTOR VEHICLES WITH FIVE (5)
OUTDOOR DISPLAY PARKING SPACES AT THE
SOUTHWEST CORNER OF RED HILL AVENUE AND
CLINTON STREET FOR EUROCAR AT 2920 RED HILL
AVENUE
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, an application was filed by Jim Santaniello, authorized agent for the
property owner, Todd Miller, with respect to the real property located at 2920 Red Hill
Avenue.
WHEREAS, the proposed project involves a conditional use permit for automobile
retail sales with five (5) outdoor display space in a 50,726 square -foot building at 2920
Red Hill Avenue.
WHEREAS, a duly noticed public hearing held by the Planning Commission on
July 10, 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.
WHEREAS, the CEQA categorical exemption for this project reflects the
independent judgment of the City of Costa Mesa.
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 Planning Application PA -17-12 with
respect to the property described above.
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 -17-12 and upon
applicant's compliance with each and all of the conditions in Exhibit B, and compliance of
all applicable federal, state, and lon.al laws. Any approval granted by this resolution shall
request. New business/property owners shall be notified of conditions of
approval upon transfer of business or ownership of land.
7. Parking for patrons and employees of the business shall occur on-site or
at 2920 Red Hill Avenue. Employee or patron parking on public streets or
adjacent properties not included in the parking agreement shall be
considered a violation of the terms of approval of the conditional use
permit.
8. The display vehicles shall be limited to high-end vehicle luxury line of
cars and collector cars, but not limited to, Ferrari, Maserati, BMW, and
Mercedes.
9. The display space shall meet all required landscape setback.
10. There shall be no signs placed on the vehicles or display of prices of the
vehicles for sale.
11. There shall be no outdoor amplification or loudspeakers.
12. The concrete area shall be restored to landscaping if the display area is
not used.
13. In the event of a discontinuance of use, the business shall restore the
site to original condition, including but not limited to, removing all
temporary structures, restore landscaping, and repaving.
PC 14. The 20 feet front and side landscape setback shall be restored with
natural turf, which requires the partial removal of the existing concrete
display pad.
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. All contractors and subcontractors must have valid business licenses to
do 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.
2. All noise -generating construction activities shall be limited to 7 a.m. to 7
p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise -
generating construction activities shall be prohibited on Sunday and the
following Federal holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
Bldg. 3. Comply with the requirements of the following adopted codes: 2016
California Residential Code, 2016 California Building Code, 2016
California Electrical Code, 2016 California Mechanical Code, 2016
California Plumbing Code, 2016 California Green Building Standards
Code and 2016 California Energy Code (or the applicable adopted,
California Residential Code, California Building Code, California
Electrical Code, California Mechanical Code, California Plumbing Code,
California Green Building Standards and California Energy Code at the
time of plan submittal or permit issuance) and California Code of
Regulations also known as the California Building Standards Code, as
amended by the City of Costa Mesa. Requirements for accessibility to
sites, facilities, buildings and elements by individuals with disability shall
comply with chapter 11 B of the 2016 California Building Code.
SPECIAL DISTRICT REQUIREMENTS
The requirements of the following special districts are hereby forwarded to the applicant:
Sani. 1. Comply with the requirements of the California Department of Food and
Agriculture (CDFA) to determine if red imported fire ants exist on the
property prior to any soil movement or excavation. Call CDFA at (714)
708-1910 for information
AQMD 2. Comply with the requirements of the California Department of Food and
Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on
the property prior to any soil movement or excavation. Call CDFA at (714)
708-1910 for information.