HomeMy WebLinkAbout93-67 - Approving Planning Action PA-93-3226.0
RESOLUTION NO. 93-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING PLANNING
ACTION PA -93-32.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Jon Hanour with respect to real property located
at 841 Baker Street, requesting a Conditional Use Permit to allow dancing in the existing Shark
Club, in a C1 zone; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on June
28, 1993; and
WHEREAS, an interested party filed an appeal of said Planning Commission decision
on July 6, 1993; and
WHEREAS, the City Council held a duly noticed public hearing on August 2, 1993;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and
the findings contained in Exhibit "A", and subject to conditions contained in Exhibit "B", the
City Council hereby approves Planning Action PA -93-32 with respect to the property described
above.
BE IT FURTHER RESOLVED that the Costa Mesa City Council finds and determines
that adoption of this resolution is expressly predicated upon operation of the business or activity
in the manner described in the Agenda Report for Planning Action PA -93-32, and upon the
applicant's compliance with each and all 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, this resolution, and any approvals herein contained, shall be deemed null and void.
PASSED AND ADOPTED this 16th day of August, 1993.
ATTEST:
Deputy Ci Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss
CITY OF COSTA MESA )
Mayor of the 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. 93-67 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof held
on the 16th day of August, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 17th day of August, 1993.
!.
Deputy Ci Clerk and ex -officio Clerk of
the City uncil of the City of Costa Mesa
EXHIBIT "A"
RESOLUTION NO. 93-67
PLANNING STAFF FINDINGS FOR PLANNING ACTION PA -93-32
A. 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.
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
been found to be exempt from CEQA because the project has no possibility of causing
a significant effect on the environment.
C. The project is consistent with Article 22-112, Transportation Systems Management of the
Costa Mesa Municipal Code, in that no intersection to which the project contributes
measurable traffic shall operate at less than the standard level of service as a result of
project implementation.
202
EXHIBIT "B"
RESOLUTION NO. 93-67
CONDITIONS OF APPROVAL FOR PLANNING ACTION PA -93-32
Planning 1. Dancing shall be permitted on a 10 x 18 foot dance floor in the
existing bar area only. Dancing shall be permitted on Thursday,
Friday, and Saturday only, except for the use of private parties
only, Sunday through Wednesday.
2. 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.
3. Applicant is reminded that all Conditions of Approval of Planning
Actions PA -89-62 and PA -91-23 still apply.
City Council 4. Applicant or his successor in interest shall continue to work with
the neighbors on the north side of Baker Street to alleviate noise,
light, and glare.
ORDINANCE AND/OR CODE PROVISIONS
The following list of Federal, State, and local laws applicable to the project has been compiled
by staff for the applicant's reference.
Planning 1. Permits shall be obtained for all new signs, including banners and
other special event signing, according to the provisions of the
Costa Mesa Sign Ordinance.
Building 2. Comply with the requirements of the Uniform Building Code as to
design and construction.
Fire 3. Provide secondary exit from dance floor area, if required.