HomeMy WebLinkAbout12-33 - Convert an Existing Building into Drive-Through Coffee Shop and Other Food Use (ZA-12-10)RESOLUTION NO. 12-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING ZONING
APPLICATION ZA-12-10 TO CONVERT AN EXISTING
BUILDING INTO A DRIVE-THROUGH COFFEE SHOP
AND ANOTHER FOOD USE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, an application was filed by 450 East 17th Street Associates, LLC,
requesting approval of Zoning Application ZA-12-10 to convert a former credit union
building containing drive-through lane that accommodated a drive -up automated teller
machine into a drive-through coffee shop for Starbuck's Coffee and another food use;
WHEREAS, on March 26, 2012, ZA-12-10 was approved by the Zoning
Administrator;
WHEREAS, on April 2, 2012 the approval of ZA-12-10 was appealed by a
property owner and called up for review by a council member;
WHEREAS, on April 23, 2012, a duly noticed public hearing was held by the
Planning Commission;
WHEREAS, on April 27, 2012, the Planning Commission's decision for ZA-12-10
was called up for review by a council member and appealed by a property owner on
April 30, 2012;
WHEREAS, a duly noticed public hearing was held by the City Council on May
15, 2012.
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit A, the City Council hereby APPROVES ZA-12-10.
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 report for ZA-12-10 and upon applicant's compliance with each and
all of the conditions contained in Exhibit B and per the attached Exhibit B1, as well as with
compliance of all applicable federal, state, and local laws. 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, APPROVED, AND ADOPTED this 15th day of May, 2012.
Eric R. Bever, Mayor
ATTEST: APPROVED AS TO FORM:
Ghristine Cordon, Thomas Du e, City Attorney
Acting Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA
1, CHRISTINE CORDON, Acting Deputy City Clerk of the City of Costa Mesa, DO
HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 12-33
and was duly passed and ado
�ted by the City Council of the City of Costa Mesa at a
regular meeting held on the 15t day of May, 2012, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: BEVER, MENSINGER, MONAHAN
NOES: COUNCIL MEMBERS: LEECE
ABSTAIN: COUNCIL MEMBERS: RIGHEIMER
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 16th day of May, 2012.
CHRISTINE CORDON,
ACTING DEPUTY CITY CLERK
(SEAL)
FW 1711:1 11 re1
FINDINGS
A. The information presented complies with Costa Mesa Municipal Code Section 13-
29(g)(2) in that the proposed use is compatible with developments in the same
general area. Granting the minor 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. Granting the minor conditional use
permit will not allow a use, density or intensity that is not in accordance with the
general plan designation for the property. Specifically, staff does not anticipate any
parking impacts because the parking study prepared for the project has been
reviewed by the City's Transportation Services Division, and they concur with the
study methodology, suggested parking rates, and the consultant's conclusions
regarding adequate parking. If the remaining space is occupied by a food use,
zoning approval and business license authorization shall be contingent upon
validation of the parking conclusions of the parking study prepared for the project.
This validation shall be in the form of real-time parking counts conducted within 90
days of the coffee shop being fully operational. Additionally, if parking shortages or
other parking -related problems arise, the landlord shall institute whatever
reasonable operational measures necessary to minimize or eliminate the problem.
Design of the drive-through lane provides adequate vehicle queuing and circulation.
The building will be remodeled with contemporary architecture to provide a positive
complement to the East 17th Street streetscape. Adverse impacts to residential uses
will be minimized due to the requirement that the existing landscape planter at the
rear of the property (adjacent to residential) be densely re -planted with trees to
provide an additional buffer for residential properties.
B. The proposed project complies with Costa Mesa Municipal Code Section 13-29
(e) because:
1. The proposed use is compatible and harmonious with uses both on-site
as well as those on surrounding properties.
2. Safety and compatibility of the design of the buildings, and other site
features including functional aspects of the site development such as
automobile and pedestrian circulation have been considered.
3. The use is consistent with the General Plan designation because the
project will not exceed the allowable General Plan intensity for the site.
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 under Section 15301, Class 1,
Existing Facilities, of the CEQA Guidelines.
D. The project is exempt from Chapter XII, Article 3, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
EXHIBIT B
CONDITIONS OF APPROVAL
Ping. 1.
The uses shall be limited to the type of operation as described in the
staff report and conditions of approval. Any change in the operational
characteristics of any use including, but not limited to, the hours of
operation and additional services provided, shall require review by the
Planning Division and may require an amendment subject to approval by
the Zoning Administrator.
2.
If parking shortages or other parking -related problems arise, the
business operator shall institute whatever reasonable operational
measures necessary to minimize or eliminate the problem. These
measures may include identifying select parking spaces for short-term
parking (i.e. 30 minutes, 1 hour, etc.), reserving certain parking spaces
for the other tenant, and/or any other measures as deemed
appropriate by the Development Services Director.
3.
The use shall be conducted, at all times, in a manner that will allow the
quiet enjoyment of the surrounding neighborhood. The applicant and/or
business owner shall institute whatever reasonable security and
operational measures are necessary to comply with this requirement.
4.
The applicant shall contact the Planning Division to arrange a Planning
inspection of the site prior to commencement of the business. This
inspection is to confirm that the conditions of approval and code
requirements have been satisfied.
5.
Prior to the grand opening of the coffee shop, the applicant shall
submit an interim parking plan to the Planning Division for review and
approval to ensure that adequate employee parking is available on-
site or on at an authorized site through an agreement with its property
owner. In addition, the plan shall indicate that employees shall be
available to minimize any impacts to circulation on the adjacent streets
and surrounding properties. This interim plan shall be in place for a
minimum of 60 days during the "Grand Opening" and may be
extended for an additional 30 days to meet customer demands as
deemed appropriate by the Development Services Director. The
interim plan shall be approved prior to issuance of certificate of
occupancy.
6.
After the Grand Opening period when the interim parking plan is no
longer in place, employees of the fast food restaurant shall park on-
site. Employee parking shall occur in any of the parking stalls on the
property. Employee parking on the public streets fronting residential
properties shall be considered a violation of the terms of approval of
the minor conditional use permit. If repeated violations occur, the
Development Services Director shall have the discretion to require
employee parking spaces be assigned on the property, or to require
other appropriate measures to ensure on-site employee parking.
7. Zoning approval and business license authorization for a proposed
establishment where food and beverages are served shall be
contingent upon validation of the parking conclusions of the March 1,
2012 parking study. This validation shall be in the form of real-time
parking counts conducted within 90 days of the coffee shop being fully
operational.
8. The conditions of approval for ZA-12-10 shall be blueprinted on the
face of the site plan as part of the plan check submittal package.
9. No modification(s) of the approved building elevations including, but
not limited to, changes that increase the building height, removal of
building articulation, or a change of the finish material(s), shall be
made during construction without prior Planning Division written
approval. Failure to obtain prior Planning Division approval of the
modification could result in the requirement of the applicant to
(re)process the modification through a discretionary review process
such as a minor design review or a variance, or in the requirement to
modify the construction to reflect the approved plans.
10. No exterior roof access ladders, roof drain scuppers, or roof drain
downspouts are permitted.
11. It is recommended that the project incorporate green building design
and construction techniques where feasible. The applicant may
contact the Building Safety Division at (714) 754-5273 for additional
information.
12. Applicant shall work with staff to landscape the planter at the rear of
the property in order to maximize the opportunity to provide a buffer for
the residential properties including minimum 24 -inch box size trees,
subject to review and approval by the Planning Division Director.
13. The property owner or applicant shall install bike racks for patrons and
employees on the site. The bicycle racks shall be decorative in
design. This condition shall be completed prior to final occupancy/start
of business, under the direction of the Planning and Building Divisions.
14. The applicant shall work with staff to reconfigure the proposed outdoor
patios to minimize the encroachment into the required street setback
landscape planters, subject to approval by the Planning Division.
15. Transformers, backflow preventers, and any other approved above-
ground utility improvement shall be located outside of the required
street setback area and shall be screened upon view, under direction
of Planning staff. Any deviation from this requirement shall be subject
to review and approval of the Development Services Director.
16. City understands that the adjacent property may hold certain
easement rights over the property that is the subject of this decision.
The city is not in a position to determine the legal rights between the
two parcels with respect to this easement. Accordingly, the City's
approval is made expressly subject to the project being in full
compliance with any existing duties, rights and obligations set forth in
any easements or other encumbrances recorded against the property.
Any construction initiated by applicant is performed at applicant's own
risk that it may be inconsistent with existing easements and
encumbrances.
Council 17.
During peak hours, the drive-through operator shall ensure that no
vehicles stacked in the drive-through lane shall extend into the "no
queue zone" as shown on attached Exhibit 131 by having an employee
direct incoming vehicles to bypass the drive-through lane and park
their vehicles on the subject property. This condition may be
temporarily waived by the Development Services Director if it is
determined that, after conducting a site inspection during peak hours,
this requirement is no longer necessary for a specified time period.
This condition may be reinstituted at any time if warranted, as
determined by the Development Services Director.
18.
During peak hours, the drive-through operator shall close the three
non -handicap parking spaces adjacent to the building as shown on
attached Exhibit 131 to minimize potential conflicts between vehicles
backing out of the parking spaces, vehicles utilizing the drive through
lane, and vehicles entering and exiting the parking area of the abutting
property (462 E. 17th Street). This condition may be temporarily waived
by the Development Services Director if it is determined that, after
conducting a site inspection during peak hours, this requirement is no
longer necessary for a specified time period. This condition may be
reinstituted at any time if warranted, as determined by the
Development Services Director.
19.
The developer shall work with the abutting residential property owners
to provide a contiguous block wall a minimum of 8 feet in height,
subject to approval by the Planning Division.
20.
The noise levels from the drive-through order menu board shall not
exceed 40 decibels (dBA) as measured at the rear property line from
the south side of the wall.
21.
The developer shall install a line of trees consisting of a minimum of 6
(six) trees minimum 24 -inch box size. The tree line shall not be less
than 8 feet in height along the rear landscape area, subject to approval
by the Planning Division.
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