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HomeMy WebLinkAbout95-61 - Aprroving a Portion of Planning Action PA-95-14RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A PORTION OF PLANNING ACTION PA -95-14. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Larry Lamb, authorized agent for First Step House, with respect to real property located at 2025 Charle Street, requesting a Conditional Use Permit for a sober living environment, with a variance from parking, front setback landscape, and open space requirements in the R2 -HD zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 12, 1995; and WHEREAS, an interested party filed an appeal of said Planning Commission decision on June 19, 1995; and WHEREAS, the City Council held a duly noticed pubic hearing on July 17, 1995; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit "A", the City Council hereby APPROVES the Conditional Use Permit portion, but DENIES the variance portion of Planning Action PA -95-14 with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this resolution is expressly predicated upon operation of the business or activity in the manner described in the staff report for Planning Action PA -95-14, and upon applicant's compliance with each and all of the conditions contained in Exhibit "B". Should any material change occur in the operation, or should the applicant fail to comply with the conditions of approval, then this resolution, and any approvals herein contained, shall be deemed null void. PASSED AND ADOPTED this 17th day of July, 1995. ATTEST: T. Deputy Ci I Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) M r of the City of Costa Mesa A ROVED AS TO FORM C1 71 ATTORNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. SS-� /- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 17th day of July, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 18th day of July, 1995. Deputy C' Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS . A. The information presented does not substantially comply with Section 13-346 of the Costa Mesa Municipal Code in that no special circumstances applicable to the property exist to justify granting the Variance from parking and front landscaped setback requirements. Strict application of the zoning ordinance will not deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-347 in that the proposed use is substantially compatible with developments in the same general area; granting the Conditional Use Permit will not be detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity; and granting the Conditional Use Permit will not allow a use, density or intensity which is not in accordance with the General Plan designation for the property. Specifically, the use is residential in nature, compatible with the residential neighborhood in which it is located. C. 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. D. The project, is exempt from Article 224, Transportation Systems Management, of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -95-14 Ping.l. Within 180 days of City Council Action: a. Obtain necessary building and demolition permits. b. Submit a landscape plan for the front setback area. C. Remove the recreational vehicle. d. Return the dumpster to the enclosure. 2. Also within 180 days of City Council action: a. Have all legalization/demolition work completed. b. Have all landscaping reinstalled per the approved landscape plans. 3. A maximum of 14 residents shall be permitted to stay within the facility at any one time. 4. No open meetings shall be conducted at this site whatsoever. 5. The Conditional Use Permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more. The Conditional Use Permit may be referred to the Planning Commission for modification or revocation at any time if the Conditions of Approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the Development Services Director or his designee, any of the findings upon which the approval was based are no longer applicable. 6. Street addresses shall be displayed on the complex identification sign (if permitted) or on the building fascia adjacent to the main entrance or front door in a manner visible to the public street. Street address numerals shall be 6" in height with not less than 1/2" stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be 4" in height with not less than 1/4" stroke and shall contrast sharply with the background. IF CITY COUNCIL WISHES TO APPROVE THE VARIANCES, THE FOLLOWING CONDITIONS ARE RECOMMENDED TO BE INCLUDED: 7. At such time that the property is sold to another owner, the original garages and front setback landscaping shall be restored under the direction of the Development Services Department. A Land Use Restriction, prepared by City Staff, shall be recorded against the property for the information of future property owners. 8. The residents, with the exception of the one manager, shall not be permitted to bring cars to the site or to the general vicinity of the property. APPL. PA -95-14 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. Ping. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final occupancy and utility releases will not be granted, and final inspections will not be granted until all such licenses have been obtained. 2. Development shall comply with all requirements of Article 8-1/2, Chapter II., Title 13 of the Costa Mesa Municipal Code. 3. Permits shall be obtained for all signs, including banners and other special event signing, according to the provisions of the Costa Mesa Sign Ordinance. Bldg. 4. Comply with the requirements of the Uniform Building Code as to design and construction and requirements of Americans with Disabilities Act, Title 24. Fire 5. Provide approved smoke detectors to be installed in accordance with the 1988 Edition of the Uniform Fire Code. SPECIAL DISTRICT REQUIREMENTS The requirement of the following special district is hereby forwarded to the applicant: Sani. 1. Applicant to pay all applicable Sanitary District fixture fee charges [(714) 754-5307].