HomeMy WebLinkAbout98-42 - Approving Conditional Use Permit PA -98-24, 3150 Bear Street341
RESOLUTION NO. 98-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING CONDI-
TIONAL USE PERMIT PA -98-24.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, an application was filed by Kent Whitmore, authorized agent for
Trinity Broadcasting Center of Santa Ana, with respect to real property located at
3150 Bear Street, requesting a conditional use permit to allow ancillary food service
in the AP zone; and
WHEREAS, the Planning Commission held a duly noticed public hearing
on April 13, 1998, and approved Conditional Use Permit PA -98-24; and
WHEREAS, a request was received for Council review of Conditional Use Permit
PA -98-24, and a duly noticed public hearing was held by the City Council on May 18,
1998;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record
and findings contained in Exhibit "A", and subject to Conditions of Approval contained
in Exhibit "B", the City Council of the City of Costa Mesa hereby approves Conditional
Use Permit PA -98-24 with respect to the property described above.
BE IT FURTHER RESOLVED that the City Council does hereby find and
determine that adoption of this resolution is expressly predicated upon the activity
described in the agenda report for Conditional Use Permit PA -98-24, 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, then this resolution and any recommendation for approval
herein contained, shall be deemed null and void.
PASSED AND ADOPTED this 18th day of May, 1998.
ATTEST:
Deputy City qlerk of the City of Costa Mesa Mayor of the City C sta 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. 98-42 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 18th day of May, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 19th day of May, 1998.
1 .
Deputy Ci Clerk and ex -officio Clerk of
the City C unci) of the City of Costa Mesa
342
EXHIBIT "A"
FINDINGS
A. The information presented substantially complies with Costa Mesa Municipal
Code section 13-29(g)(2) in that the proposed indoor dining for employees
and customers visiting the site for other purposes 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.
Specifically, the food service will be ancillary to the main use because it will
be confined to the second floor dining roorn shown on the submitted plans;
food items will be limited to light snacks only; and advertising of the food
service will be prohibited. 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 information presented substantially comply with Costa Mesa Municipal
Code section 13-29(g)(2) in that the proposed outdoor catering truck is
compatible with developments in the same general area. Granting the
conditional use permit will be detrimental to the public or other properties or
improvements within the immediate vicinity based on the designated location
and the distance from residential 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.
D. The project is exempt from Chapter XII, Article 3 Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
Exhibit "A"
Resolution No. 98-42
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EXHIBIT "B"
CONDITIONS OF APPROVAL
Ping. 1.
There shall be no advertising, including signage, of the eating
facilities.
2.
Deleted.
3.
Deleted.
4.
Food shall be limited to light snacks. No frying or grilling may
occur in the inside kitchen.
5.
Any expansion of service times, the size of the vending cart
and/or dining room area shall require review by the Planning
Commission through the conditional use permit process.
6.
Hours of operation for the dining room shall be limited to 10 a.m.
to 5:30 p.m.
7.
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.
8.
One vending cart shall be allowed to provide popcorn, bagels,
cookies and hot and cold beverages between 10 a.m. and 5 p.m.
9.
The general public may use the indoor dining facility with the
stipulation that no food shall be cooked on site; that food shall be
provided by an outside caterer and warmed up on the premises.
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 Costa Mesa.
Ping. 1 . The applicant is reminded that all conditions, code requirements,
and special district requirements of Planning Application PA -96-
19 still apply.
Bldg. 2. Comply with the requirements of the Uniform Building Code as to
design and construction and CCR Title 24 pertaining to "Disabled
Access Regulations".
3. Comply with Health Department requirements.
Fire 4. A Fire Department permit for place of assembly is required.
Exhibit "B"
Resolution No. 98-42
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5. Proposal must meet Uniform Building Code requirements for A-3
occupancy per UBC, 1994 Edition. Plans must be approved for
change in occupancy classification.
SPECIAL DISTRICT REQUIREMENTS
The requirement of the following special district is hereby forwarded to the
applicant:
Sani. 1 Developer shall contact the Costa Mesa Sanitary District at (714)
631-1731 for current district requirements.
Exhibit "B"
Resolution No. 98-42
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