HomeMy WebLinkAbout94-91 - Approving Planning Action PA -94-53264
RESOLUTION NO. 94-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING PLANNING
ACTION PA -94-53.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Robert Moroso, authorized agent for Barto-
Richley, with respect to real property located at 1043 Center Street, Suite B6, requesting a
Conditional Use Permit to allow an auto repair use in an existing industrial building within 200
feet of residentially zoned property in the MG zone; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
September 12, 1994; and
WHEREAS, this application was called up for Council review by Mayor Sandra Genis
on September 15, 1994; and
WHEREAS, the City Council held a duly noticed public hearing on October 3, 1994;
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 -94-53 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 -94-53, 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 3rd day of October, 1994.
ATTEST:
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Deputy C't 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. 94-91 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof,
held on the 3rd day of October, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 4th day of October, 1994.
Deputy Citylerk and ex -officio Clerk of
the City Cou it of the City of Costa Mesa
[1
EXHIBIT "A"
PLANNING STAFF FINDINGS
APPL. PA -94-53
A. The information presented substantially complies with
Costa Mesa Municipal Code Section 13-347 in that the
proposed auto mechanical restoration use is
substantially compatible with developments in the same
general area because of the operational characteristics
proposed; 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 of
the operational characteristics of the business and
orientation of the bay door and unit location; 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.
This aspect of the use will not conflict with adjacent
residential uses or other industrial tenants at the
subject site.
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 categorically exempt from CEQA.
C. The project is exempt from Article 221-,, Transportation
System Management of Title 13, of the Costa Mesa
Municipal Code because the subject use will not impact
peak hour traffic.
Exhibit "A"
Resolution No. 94-91
Page 1 of 1
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EXHIBIT "B"
CONDI'T'IONS OF APPROVAL
APPL. PA -94-53
Ping. 1.
The business shall be limited to automobile
mechanical restoration and major engine work, with
no more than two employees at this location.
2.
Car detailing shall not be performed at this
location.
3.
There shall be no painting or body repair work
conducted in conjunction with this use.
4.
The bay door and pedestrian door on the westerly
side of the building shall be kept closed when
using high-powered, pneumatic or loud noise -
generating tools or equipment.
5.
Repair/auto service hours shall be limited to the
hours between 9 a.m. and 6 p.m., Monday through
Friday, with no work on Saturday or Sunday.
6.
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.
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.
No more than three cars per day shall be serviced
at this business.
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.
Ping. 1. The applicant shall check with the .Building
Division regarding the need for building permits
prior to making any alterations to the building or
subject unit.
Exhibit "B"
Resolution No. 94-91
Page 1 of 2
1
1
APPL PA -94-53
2. All auto repair work shall be conducted inside the
building.
3. 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.
4. Any mechanical equipment such as air-conditioning
compressors and duct work shall be screened from
view.
5. Permits shall be obtained for all signs, including
banners and other special event signing, according
to the provisions of the Costa Mesa Sign Ordinance.
Bldg. 6. Comply with the requirements of the Uniform
Building Code as to design and construction and CCR
Title 24 pertaining to "Disabled Access Regula-
tions".
Fire 7. A Fire Department permit for garages is required.
Exhibit "B"
Resolution No. 94-91
Page 2 of 2