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HomeMy WebLinkAbout09-24 - Approving an Amendment to Planning App PA-08-24 (Zoning App ZA-09-05)RESOLUTION NO. 09-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MODIFYING PLANNING COMMISSION'S DECISION AND APPROVING AN AMENDMENT TO PLANNING APPLICATION PA -08-24 (ZONING APPLICATION ZA-09- 05). THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Scott Mitchum, authorized agent for property owner Murrey Seidner, with respect to the real property located at 1860 Newport Boulevard, requesting an amendment to the conditions of approval for conditional use permit PA -08-24 to allow the word "loan" to be used in exterior signage and to decrease the minimum loan amount from $2,500 to $500, in a C2 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 9, 2009, and Planning Commission approved the word "loan" to be used in exterior signage and denied the decrease in minimum loan amount; and WHEREAS, the item was appealed by Scott Mitchum to the City Council on March 16, 2009, as it pertains to Commission's denial of the minimum loan amount decrease; and 2009. WHEREAS a duly noticed public hearing was held by the City Council on April 7, NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", the City Council hereby MODIFIES PLANNING COMMISSION'S DECISION AND APPROVES the modification of conditions of approval numbers four and five for Planning Application PA -08-24 (ZA-09- 05) to read as follows: 1. No loans less than $1,000.00 shall be permitted. 2. No exterior signs stating "pawn" shall be permitted. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the Staff Reports for Planning Applications PA -08-24 and ZA-09-05, and upon applicant's compliance with each and all of the conditions contained in Exhibit "B" of PC -08-75 as modified herein. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. PASSED AND ADOPTED this 7t" day of April, 2009. ATTEST: Q)��60 nz—) Julie Folcik, City berk Allan R. Mansoor, Mayor APPROVED AS TO FORM: - 4, -�� , Kimberly Hall IJarlow, City Attorney 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 09-24 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of April, 2009, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: LEECE, BEVER, MONAHAN NOES: ICOUNCIL MEMBERS: MANSOOR ABSENT: COUNCIL MEMBERS: FOLEY IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8th day of April, 2009. (SEAL) JU E FOLCIK, CITY CLERK EXHIBIT "A" FINDINGS (approval) A. The proposed amendments to PA -08-24 (processed as ZA-09-05) complies with Costa Mesa Municipal Code Section 13-29(e) because: 1. The proposed use is compatible and harmonious with uses on surrounding properties. 2. The proposal is consistent with the General Plan and Redevelopment Plan. 3. The planning application is for a project -specific case and does not establish a precedent for future development. B. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(2) in that the proposed use is substantially compatible with developments in the same general area. Granting the amendments 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 pawnbroker services will remain ancillary to the watch and jewelry retail store. 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 under Section 15301. D. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code.