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HomeMy WebLinkAbout95-97 - Revoking Planning Action PA-93-17/Redevelpment Action RA-93-02RESOLUTION NO. QS- ?7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVOKING PLANNING ACTION PA-93-17/REDEVELOPMENT ACTION RA -93-02. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Empire Ballroom with respect to real property located at 640 West 17th Street, requesting a modification to Planning Action PA-93-17/Redevelopment Action RA -93-02, a Minor Conditional Use Permit for a nightclub, with Conditional Use Permits for offset hours of operation for support office area and valet parldng, in the MG zone; and WHEREAS, duly noticed public hearings were held by the Planning Commission on July 24, 1995, August 14, 1995, August 28, 1995, and October 9, 1995; and WHEREAS, the item was heard by the Costa Mesa Redevelopment Agency on September 13, 1995; and WHEREAS, the applicant filed an appeal of said Planning Commission and Redevelopment Agency decisions on October 16, 1995; and WHEREAS, the City Council held duly noticed public hearings on November 20, 1995, and December 4, 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 REVOKES Planning Action PA-93-17/Redevelopment Action RA -93-02 with respect to the property described above. PASSED AND ADOPTED this 4th day of December, 1995. :Il Deputy Citylerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) ,QV - M o of the City of Costa Mesa /ARROVED AS TO FORM CITY 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. q5- 9 % was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 4th day of December, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 5th day of December, 1995. Deputy City Perk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The nightclub constitutes a public nuisance which is not substantially compatible with developments in the same general area and is materially detrimental to other properties within the : area due to the generation of public nuisances by patrons parking on surrounding commercial and industrial properties as well as within neighboring residential areas. Specifically, evidence in the record shows complaints have been received regarding patrons generating excessive traffic, parking congestion and noise in residential areas as late as 2:00 or 3:00 a.m. as well as patrons littering, vomiting, urinating, and conducting sexual activities on and adjacent to private properties. B. The nightclub is materially detrimental to health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood because the use is in violation of the Conditions of Approval and Code requirements and, therefore, is in violation of Zoning Codes. Specifically, the Conditions of Approval required that the business be conducted at all times in a manner allowing for the quiet enjoyment of the surrounding neighborhood, which it has failed to do.