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HomeMy WebLinkAbout95-90 - Approving Planning Action PA-93-74A2RESOLUTION NO. �T - QD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -93-74A2. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Mansour Khalifeh, authorized agent for Mark Les, with respect to real property located at 1525 Mesa Verde Drive East, No. 125, Costa Mesa, requesting a Conditional Use Permit to expand an existing Conditional Use Permit for the Q -Club and Cafe, to allow on-site consumption of beer and wine in conjunction with a billiards parlor and restaurant in the C1 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 25, 1995; and WHEREAS, this application was called up for Council review by Mayor Joe Erickson on September 28, 1995; and WHEREAS, the City Council held a duly noticed public hearing on November 6, 1995; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the City Council hereby approves Planning Action PA -93-74A2 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 -93-74A2, 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 and void. PASSED AND ADOPTED this 6th day of November, 1995. ATTEST: Deputy City qerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Ma r of the City of Costa Mesa APPROVED 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. F!5-- 90 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 6th day of November, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 7th day of November, 1995. 1. Deputy C4 Clerk and ex -officio Clerk of the City Oduncil of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-347, in that the proposed sale and on-site consumption of beer and wine 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 because the conditions placed on the Q -Club create a high level of assurance that the operation will, in fact, remain compatible with and not detrimental to surrounding areas. B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has bee found to be exempt. C. The project is exempt from Article 222, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL Ping 1. There shall be a maximum of 13 pool tables. Tables for dining purposes shall not exceed six, as proposed by the applicant. 2. The rear door with access to the southerly passageway shall be either removed and replaced with a solid wall or replaced with an alarmed emergency exit. 3. The door currently providing access into Suite 123 (the southerly suite) shall be replaced with an alarmed emergency exit only. The corridor area outside of this door shall be well lit. 4. Food menu items shall be those normally associated with informal dining. 5. Applicant and business owner shall comply with all Conditions of Approval of PA -93-74, except conditions 15 and 16. 6. Approval shall be for a period of six months. Prior to expiration, applicant may request renewal,. subject to reevaluation at that time. The Development Services Director may extend the Planning Action for a period not to exceed two (2) years if all conditions of approval have been satisfied, no complaints have been received, and the site inspection reveals compliance with applicable Ordinance requirements. Thereafter, the Development Services Director may extend the permit for successive two (2) year periods under the same terms. 7. 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. 8. The Conditions of Approval and Ordinance or Code Provisions of Planning Action PA -93-74A2 shall be blueprinted on the face of the site plan. 9. The restaurant shall be limited to the type of oper- ation described in the Staff report. Any change in the operational characteristics including, but not limited to, hours of operation, sale of alcoholic beverages or provision of entertainment, will require approval of an amendment to the Conditional Use Permit, subject to Planning Commission approval. 10. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. For purposes of calculation of occupant load, any open patio area shall be considered to be part of the enclosed building area. 11. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or business owner shall institute whatever security and operational measures are necessary to comply with this requirement. 12. There shall be no sales of alcoholic beverages for off- site consumption. 13. At all times the premises is open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 14. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and meals during the same time period. The applicant shall at all times maintain records which reflect separately the gross sales of food and gross sales of alcoholic beverages of the business. The records shall be kept no less frequently than on a quarterly basis and shall be made available to the Development Services Director or his designee on demand: 15. The restaurant shall remain a "bona fide eating place" as defined by Section 23038 of the California Business and Professions Code. 16. Music shall not be audible beyond the area under the control of the licensee. 17. Service of alcohol beverages shall be limited _to single - portion (beer sold by the bottle and wine sold only by the glass. 18. Upon ABC (Alcohol Beverage Control) approval of the liquor license, an additional renewal evaluation is required by the Planning Commission after a period of six (6) months. Prior to expiration, the applicant may request renewal subject to reevaluation at this time. The Development Services Director may extend the Planning Action for a period not to exceed two (2) years if all conditions of approval have been satisfied, no complaints have been received, and the site inspection reveals compliance with applicable Ordinance requirements. Thereafter, the Development Services Director may extend the permit for successive two (2) year periods under the same terms. 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 Crista Mesa. Ping.l. Applicant and business owner shall comply with all Ordi- nance and/or Code Provisions of PA -93-74. 2. All exits shall be clearly marked with "EXIT" signs. 3. All conditions of the California Alcoholic Beverage Control Board shall be complied with. Bldg.4. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations".