HomeMy WebLinkAbout96-46 - Denying Planning Action PA-96-16 and Zoning Action ZA-96-05RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, DENYING PLANNING
ACTION PA -96-16 AND ZONING ACTION ZA-96-05.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Gregg Mulholland for Ambassador
Entertainment, authorized agent for Lucille C. Emmons Trust, with respect to real property
located at 1670 Newport Boulevard, requesting a conditional use permit for complimentary valet
service and a minor conditional use permit for a restaurant and bar with alcoholic beverages,
dancing, and live entertainment (proposed hours of 12 p.m. to 2 a.m.) in a Cl zone; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
February 26, 1996, and
WHEREAS, this application was appealed by the authorized agent on March 1, 1996;
WHEREAS, the City Council held duly noticed public hearings on May 6 and
May 20, 1996; and
WHEREAS, the City Council considered the applicant's representations at the hearing
on May 20, 1996, that he would amend the application to eliminate live entertainment, restrict
the hours for serving alcoholic beverages to be from 11:30 a. m. to 11:00 p.m., and reduce the
size of the dance floor; however, a formal amendment to the application was not received;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and
the findings contained in Exhibit "A" the City Council hereby DENIES Planning Action PA -96-
16 and Zoning Action ZA-96-05 with respect to the property described above.
PASSED AND ADOPTED this 20th day of May, 1996.
ATTEST:
I ��
Deputy City C & of the City of Costa Mesa Ma r of the City of Costa Mesa
STATE OF CALIFORNIA) PROVED AS TO FORM
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA ) CITY A`70R�IEY
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. ?6 - 410
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof,
held on the 20th day of May, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 21st day of May, 1996.
T•
Deputy City Clerk and ex -officio Clerk of
the City CouYicil of the City of Costa Mesa
EXHIBIT "A"
PLANNING STAFF FINDINGS
ADPL. PA -96-16 &
ZA-96-05
A. The information presented does not substantially comply with
Section 13-347 of the Costa Mesa Municipal Code in that the
proposed restaurant/bar with live entertainment and dancing is
not substantially compatible with developments in the same
general area; granting the Conditional Use Permit will be
detrimental to the health, safety and general welfare of the
public or other properties or improvements within the
immediate vicinity. Specifically, the proposed combined uses
will be too intense for the property and will adversely impact
parking, both on-site and off. Overflow parking will result
in the creation of nuisances on and near other properties in
the area.
B. The information presented does not substantially comply with
Section 13-347 of the Costa Mesa Municipal Code in that the
proposed complimentary valet parking will not guarantee
adequacy of on-site parking and may, in fact, encourage off-
site parking. Past approvals for valet parking on sites with
inadequate parking for restaurant/bar and nightclub uses have
resulted in patrons parking elsewhere (even with free valet
service) to engage in illicit activities or because they
prefer to self -park. Therefore, granting the Conditional Use
Permit will be detrimental to the health, safety and general
welfare of the public or other properties or improvements
within the immediate vicinity.
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 categorically exempt from CEQA.
D. The project is exempt from Article 2212, Transportation System
Management of Title 13, of the Costa Mesa Municipal Code.