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HomeMy WebLinkAbout01-69 - Approving Planning Application PA-01-24RESOLUTION NO. 6 /- G ?- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -01-24. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Mark Les, property owner of real property located at 1525 Mesa Verde Drive East, requesting approval of a conditional use permit to reestablish a liquor store and deli with kitchen in an existing commercial building within the C1 (Local Business) zoning district; and WHEREAS, after notice of public hearing to consider the request, the Planning Commission approved the planning application on August 27, 2001; and WHEREAS, the item was appealed to the City Council on September 4, 2001, and a duly noticed public hearing was held by the City Council on October 1, 2001; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa that, based on the evidence in the record and the findings contained in Exhibit "A", the City Council of the City of Costa Mesa hereby approves Conditional Use Permit PA -01-15 with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this resolution is expressly predicated upon the activity as described in the staff report for Conditional Use Permit PA -01- 24 and upon applicant's compliance with each and all of the conditions contained in Exhibit "B". 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 1" day of October, 2001. ATTEST: Deputy City Jerk of the City of Costa Mesa Mayor o the City of Costa Mesa STATE OF CALIFORNIA) APPROVED AS TO F RM COUNTY OF ORANGE ) ss CITY OF COSTA MESA) �CiTY ATT©N�Y ' 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. 0/-61 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 1" day of October, 2001. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 2"d day of October,2001. 3�X�� T. �j2 Lt ' Deputy CitClerk and ex -officio Clerk of the City Co ncil of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. PA -01-24 A. The proposed use complies with Costa Mesa Municipal Code Section 13-29(e) because: ■ The use is compatible and harmonious with uses on surrounding properties. ■ Safety and compatibility of the design of the buildings, landscaping, and other Site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. ■ The project is consistent with the General Plan. ■ The planning application is for a project -specific case and does not establish a precedent for future development. ■ The cumulative effects of all past and present planning applications have been considered for both the subject property and surrounding properties. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(8)(2) 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. The property has adequate parking to accommodate the use and any noise or visual impacts will be buffered from adjacent residential property by the two-story portion of the building that continues along the rear of the property. 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. 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 "B" CONDITIONS OF APPROVAL APPL. PA -01-24 Ping. 1 . 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 2. Street addresses shall be displayed on the fascia or store front adjacent to the main entrance of the building, in a manner visible to the public street. Numerals shall be a minimum 12" in height with not less than %" stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be 4" in height with not less than '/4" stroke and shall contrast sharply with the background. 3. Hours of operation shall be limited to 6 a.m. to 11 p.m. for on-site food service and 6 a.m. to 2 a.m. for the liquor store, Monday through Sunday. 4. Public seating areas shall be limited to two (2) tables inside and three (3) tables outside in front of the store. Outdoor seating shall not encroach into the required disabled access way. 5. Except as permitted by the City of Costa Mesa Municipal Code for temporary window signs, windows shall not be blocked or obscured so as to obstruct natural surveillance of the store from outside. 6. Exterior advertising, including temporary window signage, shall comply with all the City's sign regulations. Exterior signage indicating the availability of alcoholic beverages is limited to the name of the business, e.g., South Coast Liquor Store. Additional exterior advertisements promoting or indicating the availability of alcoholic beverages are prohibited. Interior displays advertising or promoting the sale of alcoholic beverages or signs that are clearly visible from the exterior at the closest public street or sidewalk, shall constitute a violation of this condition. 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. The business 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 security and operational measures are necessary to comply with this requirement. 9. Applicant shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which applicant has control, to APPL. PA -01-24 prevent trash, graffiti and littering. Any lighting under the control of applicant shall be directed in such a manner so as not to unreasonably interfere with the quiet enjoyment of nearby residences. Applicant shall further provide adequate lighting above the entrance to the premises sufficient in intensity to make visible the identity and actions of all persons entering and leaving the premises. 10. The applicant shall maintain free of litter all areas of the premises under which applicant has control. 11. Any graffiti painted or marked upon the premises shall be removed or painted over within 48 hours of being applied. 12. Exterior public telephones shall be equipped to prohibit incoming calls. 13. Every 2 hours, from 4:00 p.m. to closing, the applicant shall patrol the area over which the applicant has control in an effort to prevent the loitering of persons about the premises. The applicant shall make reasonable efforts to prevent loitering during other hours the business is open. 14. Beer or wine shall not be displayed or sold from an ice tub or any other type of portable refrigerated unit. 15. Deleted. P. D. 16. A list of security recommendations is provided by the Police Department for the applicant's consideration.