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HomeMy WebLinkAbout94-25 - Approving Planning Action PA-94-18369 RESOLUTION NO. 94-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -94-18. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Sid Partow, authorized agent for the City of Costa Mesa, with respect to real property located at 1898 Newport Boulevard, requesting a Conditional Use Permit to allow outdoor display of boats, yachts, and watercraft, with Variances from street setback requirements in a C2 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 28, 1994; and WHEREAS, a City Council Member requested a hearing of the item on March 31, 1994; and WHEREAS, the City Council held a duly noticed public hearing on April 13, 1994; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the City Council hereby APPROVES Planning Action PA -94-18 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 -94-18, 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 13th day of April, 1994. ATTEST: Deputy City 'lerk of the City of Costa Mesa Mayor of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) 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. 94-25 was duly and regularly passed and adopted by the said City Council at a special meeting thereof, held on the 13th day of April, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 14th day of April, 1994. 7— Deputy Deputy Cit Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa 370 t Be EXHIBIT "A" PLANNING STAFF FINDINGS APPL. PA-94-1s/RA-94-05 The information presented substantially complies with Section 13-346 of the Costa Mesa Municipal Code in that special J circumstances applicable to the property exist to justify granting the Variance from street setback requirements. Strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. Specifically, the 10' landscaped setback is similar to what has been approved for other retail car and boat businesses throughout the City. Additionally, the Variances will be for the interim use only and will be conditioned as such. Granting the Variance will not allow a use, density, or intensity which is not in accordance with the General Plan designation for the property. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-347 in that the proposed use, although not substantially compatible with developments in the same general area, will constitute an improvement in the aesthetics and maintenance of the lot through paving and landscaping; the proposed use is a temporary, interim use of the property; 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. 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 from CEQA because the project has no possibility of causing a significant effect on the environ- ment. D. The project, as conditioned, is consistent with Article 22h, Transportation System Management of Title 13, of the Costa Mesa Municipal Code in that the development projects traffic impacts will be mitigated at all affected intersections. r Resolution No. 94-25 Exhibit "A" Page 1 of 1 EXHIBIT "B" CONDITIONS OF APPROVAL APDL. PA-94-18/RA-94-05 Ping.1. Approval of the Planning Action is valid for one (1) year and will expire at the end of that period unless the improvements - including landscaping, 6" PCC curb and irrigation, as well as paving - are installed or the applicant applies for and is granted an extension of time. 2. The Conditional Use Permit and Variances herein approved shall be approved for a maximum period of two (2) years from date of approval by the Redevelopment Agency or upon discontinuance of the activity authorized hereby for a period of 180 days or more. The Conditional Use Permit and Variances 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. 3. Except as necessary for drainage, existing grades at property lines shall be maintained. 4. Street addresses shall be displayed on the ground sign (if permitted) or on the fascia or store front adjacent to the main entrance of the building, in a manner visible to the public street. Numerals shall be 12" in height with not less than 3/4" stroke and shall contrast sharply with the background. 5. The Conditions of Approval and Ordinance or Code Provisions of Planning Action PA-94-18/Redevelopment Action RA -94-05 shall be blueprinted on the face of the site plan. 6. The applicant is reminded that a "Special Requirements" inspection of the site will be required prior to the release of occupancy/utilities. This inspection includes confirmation that the Conditions of Approval and Code/Ordinance Provisions have been satisfied. 7. Planning Commission action on PA -94-18 shall not become final until seven (7) days following final action on RA - 94 -05. S. Trees shall not be required as a part of the landscape plan. 9. Minimal security lighting only shall be permitted when the lot/business is closed. This condition shall be completed under the direction of Planning Staff. Resolution No. 94-25 Exhibit "B" Page 1 of 3 1%2 APDL. PA-94-la/RA-9•-05 10. New boats, yachts and watercraft only shall be displayed on the site. 11. The Variances from street setback requirements apply to this use and site plan only, and shall be valid only as long as the Conditional Use Permit for the interim use if valid. 12. A minimum 10' deep landscape setback shall be provided behind the property lines on Newport Boulevard and West 19th Street. 13. Encroachment of the boats, yachts and watercraft into the landscape setback may occur only if the tires of the trailer remain on a paved surface and no part of the boat encroaches more than 50% into the required 10' setback. The following list of Federal, State, and local laws applicable to the project has been compiled by Staff for the applicant's reference. Ping.l. 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 16, Chapter II., Title 13 of the Costa Mesa Municipal Code. 3. Two (2) sets of detailed landscape/irrigation plans per the requirements set forth in Costa•Mesa Municipal code Sections 13-263 through 13-266, shall be submitted for review and approval by the Planning Division prior to issuance of any building permits. The two approved sets shall be attached to the two final building plan sets. Drought resistant vegetation together with a water conserving irrigation system shall be utilized. Landscaping shall be installed in accordance with the approved plan prior to release of utilities. 4. Permits shall be obtained for all signs, including banners and other special 'event signing, according to the provisions of the Costa Mesa Sign Ordinance. 5. A minimum 20' deep planter shall be installed on the property adjacent to the Newport Boulevard and West 19th Street frontages. The planters shall be enclosed on all sides with a minimum 6" PCC curb and shall include an irrigation system. Bldg.6. Comply with the requirements of the Uniform Building Code as to design and construction. Eng. 7. At the time of development submit for approval an Off- site Plan to the Engineering Division and Grading Plan to the Building Department that shows Sewer, Water, Resolution No. 94-25 Exhibit "B" Page 2 of 3 77,373 APPL. PA-94-15/RA-94-05 Parkway Improvements and the limits of work on the site, both prepared by a Civil Engineer or Architect. Site Access approval must be obtained prior to Building or Engineering Permits being issued by City of Costa Mesa. Pay Offsite Plan Check fee. An approved Offsite Plan shall be required prior to Engineering/Utility Permits being issued by the city of Costa Mesa. S. A Site Access permit and deposit of $500.00 will be required by the City of Costa Mesa, Engineering Division, prior to the start of any on- or off-site work, which may be necessary during construction for street sweeping. 9. Maintain the public Right of way in a "wet -down" condition to the degree necessary to prevent excessive dust and periodically remove any spillage from the public Right of way by sweeping or sprinkling. 10. Haul routes must be approved by City of Costa Mesa, Engineering Division, prior to approval of the Site Access Permit. 11. Submit required cash deposit to guarantee construction of offsite street improvements at time of permit. Cash deposit to be determined by City Engineer. 12. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then construct P.C.C. driveway approach per City of Costa Mesa Standards as shown on the offsite Plan. Location and dimensions are subject to the approval of the Transportation Services Manager. 13. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and then remove any existing driveways and/or curb depressions that will not be used and replace with full height curb and sidewalk at applicant's expense. 14. Private on-site drainage facilities and parkway culverts or drains will not be maintained by the City of Costa Mesa; they shall be maintained by the owner or developer of the property. Transl5. Close unused drive approach(es) on Newport Boulevard with full height curb and gutter. 16. Entry gate must be set .back minimum of 5' from the existing back of sidewalk. Gates must be constructed in such a way that they cannot swing into the public right- of-way. Resolution No. 94-25 Exhibit "B" Page 3 of 3