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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 1 Costa Mesa 0-1 0 0-07 0.1 Miles WGS 1984 Web_Mercator_Auxiliary_Sphere C Latitude Geographics Group Ltd. This map is a user generated static output from an Internet mapping site and is for reference only, Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Notes D D C7 M Z Costa Mesa u.I V UluI u I Mlles WG S -1984-W eb_Mercator_Auxi I iary-S phere Ccs Latitude Geographics Group Ltd. This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION �• w -7-� ,fbl 1 Legend Costa Mesa Zoning ❑ AP C1 Ct-s . C2 ■ CL I&R . I&R-S MG MP ❑ P ® PDC ❑ PDI ■ PDR -HD ❑ PDR -LD POR -MD ■ PDR -NCM I R1 ■ R2 -HD R2 -MD ■ R3 ® TC Notes V BLK 6 POR ��..L--��OT l FRWY 2 /0, 24 AC. SUB. Y FRWY ell TRACTPAR y1 ai %y/4 4 usTr RA T�4 zr 5 SEE �o �° PAG4E Z a5/ AC ti „s ,� o t17 PM 273-27 N W. r3 fS.Ir ,;_M1 Ya�0 eu � n sa• ib x � w •• *4 4NE • do V BLK 6 POR ��..L--��OT l FRWY 2 /0, 24 AC. SUB. Y FRWY ell TRACTPAR P M. /27.4620 n ° %y/4 4 usTr RA T�4 zr 5 SEE �o �° PAG4E Z a5/ AC ti N4 //O t17 PM 273-27 £Fy�•1lAr W. r3 fS.Ir ,;_M1 V BLK 6 POR ��..L--��OT l FRWY 2 /0, 24 AC. SUB. Y FRWY ell TRACTPAR P M. /27.4620 n ° p 3p •J7 • � [�� H PAR2f W 4 ' zr 5 �o �° 3. /92 AC Z a5/ AC ti t17 3.204 AC i L • fa • e r y1 J C /1� SQA o9 4 X04 7 n$a� a N f � x 2.690 AC + 3. /98 AC !+ t -712M3Ad' t 2.328 AC �D 3.023 AC so r e k2: i 6- 79°: Lor@:_s r /, 932 AC O P M. /02- 28 NO. 10238 so' - $ 0� a ; PROJECT -�- 936-79-008-010 ai • Qyi PAR. - - 2.669 AC. 336-25 01 �r AVENUE 1 m u I5 a �q $ ae 3.284 AC 3 t 2.632 AC 2. /66 AC NO 7486 2 237' / t"e DONNA'S RADIUS MAPS On � DATE:-3� 684 S GENTRY LANE ANATIEIM CA 92807 (7 f ) 921-2921 a B 3. /92 AC t17 £Fy�•1lAr W. r3 fS.Ir ,;_M1 L • fa • e r y1 J C /1� SQA o9 4 X04 7 n$a� a N f � x 2.690 AC + 3. /98 AC !+ t -712M3Ad' t 2.328 AC �D 3.023 AC so r e k2: i 6- 79°: Lor@:_s r /, 932 AC O P M. /02- 28 NO. 10238 so' - $ 0� a ; PROJECT -�- 936-79-008-010 ai • Qyi PAR. - - 2.669 AC. 336-25 01 �r AVENUE 1 m u I5 a �q $ ae 3.284 AC 3 t 2.632 AC 2. /66 AC NO 7486 2 237' / t"e DONNA'S RADIUS MAPS On � DATE:-3� 684 S GENTRY LANE ANATIEIM CA 92807 (7 f ) 921-2921 ATTACHMENT 2 x At' A, L � 12•�V.: _jam t ` � � J� �F - � . � SOUTH ELEVATION • � T • y _ a f �r� `� ,� _ -Ale1011 ••tom• � .. _ Li �` � _ _ _ _ � _ i 03/30/17 ELEVATIONS q WEST ELEVATION SOUTH ELEVAT10N 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' – 73 72 1 70 69 58 67 66 65 64(63 62 61 60 59 SB 57 56 55 54 V 53 52 51 50 49 4B 47 46 45 44 4J 42 41 40 39 3B 37 oB 77 76 75 74 O O O O O O O T 79 Z (E)ASPHALT PAVING L T (E)ASPHALT PAVING cBO B9 90 91 92 93 94 95 96 97 98L L@L@ MIT Q i3 Bl 11I a1z O � Z(E)ASPHALT PAVING —1 10 }� 9 O � B 86 l�nl 0 1B �Q (D 9 B7 2� 17 BB O O EXISTING BUILDING 14 ® OI 2920 RED HILL AVENUE 50,726 S.F. 2 (E)ASPHALT PAVING (E) GRASS EP47RY /J1 (E) LANDSCAPE 7 0 4r) GRASS' RED HILL AVENUE T' Z (E) GRASS y PRo`aERrr Li14E a54.os' l (E) TREES TYP SITE PLAN BUILDING AREA: 50,726 SF_ PARKING REOBIRED: (INDUSTRIAL) 3 SPACE/SF. FOR IST 25K S.F. ; 75 SPACES 2 SPACE/SF, 25K -50K S.F. 50 SPACES 1.5 SPACE/S.F. ABOVE 50K S.F. 1 SPACE 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) 2 SPACE/SF. 101 SPACES TOTAL REQUIRED 101 SPACES PARKING PROVIDED: 111 SPACES REQUIRED PARKING Z4— 405 FREEWAY BAKER ST JOHN WE ► AIRPORT gS 7 QLR4rDN sr SITE BIRCH STREET 73 FREEWAY VICNITY MAP a -w--1-a AI Il Ira IT A R I I HIS M M r-11 1 0 _ - UJI- O U L O v, 1 z :z U J+`1 W =� aw — m a ,num 0 ( I >w � v i 2 (V 110 El 1111 lld WI W Ln z 0 z 0 TURF 8VER1 GOING PAp I I �I EXISTING VEHICLE DISPLAY 1 L0 N W � � N z w Q 0 Q O � W � Lt J O N Q 0-) ~ N C/-) O r=20'- 0" NO, TITLE C COVER SHEET 51TE PLAN Al ELEVATIONS 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. oaA.: A.J,V _ 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 lam/ c SHEET INDEX PROJECT INFO. / TABULATIONS At op 4m 1 I 14- mpz - vo�'-'-kxm - 2� pr 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.