Loading...
HomeMy WebLinkAbout02-75 - Approving the Appeal of Minor CUP ZA-02-31RESOLUTION NO. 02-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING THE APPEAL . OF -MINOR CONDITIONAL USE PERMIT ZA-02-31. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Dan Zaccuri, with respect to the real property located at 1609 Pomona Avenue, requesting approval of a minor conditional use permit to construct a deck to be used for boat detailing underneath, and storage on top, for an existing boat repair business (Barnacle Bill's); and WHEREAS, the Zoning Administrator denied Minor Conditional Use Permit ZA- 02-31 on July 19, 2002; and WHEREAS, Minor Conditional Use Permit ZA-02-31 was appealed to the Planning Commission by the applicant; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on August 26, 2002. WHEREAS, ZA-02-31 was appealed to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on October 7, 2002. 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 of approval contained within Exhibit "B", the City Council hereby approves Minor Conditional Use Permit No. ZA-02-31 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 the development as described in the Staff Report for ZA-02-31 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 recommendation for approval herein contained, shall be deemed null and void. PASSED AND ADOPTED this 7th day of October, 2002. . " �)' / W ATTEST: Deputy City C k of the City of Costa Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Mayor of the City of Costa Mesa APPROVED AS TO FORM: City Attorney, I, JULIE FOLCIK, 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. 02-75 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 7th day of October, 2002, by the following roll call vote: AYES: Dixon, Monahan, Cowan, Robinson, Steel NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my, -hand and affixed the seal of the City of Costa Mesa this 8th day of October, 2002. Deputy Ci lerk and ex -officio Clerk of the Cit ouncil of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The information presented complies with Costa . Mesa Municipal Code Section 13- 29(g)(2) in that the proposed outdoor storage is compatible with surrounding properties and uses. Specifically, conditions have been imposed to provide adequate screening of the boats from off-site and requiring maneuvering of all boats to occur only on-site in order to avoid negative impacts of the project on surrounding properties. 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. B. The proposed project does comply with Costa Mesa Municipal Code Section 13- 29(e) because: The proposed development and use are compatible and harmonious with uses on surrounding properties for the reasons included in Finding A. Safety and compatibility of the design of the building, parking area, and other site features, including functional aspects of the site development such as vehicle circulation, have been considered. 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 Ping. 1. The minor 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 minor 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. A copy of the conditions of approval for the minor 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. 3. The use shall be conducted, at all times, in a manner to allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or business owner shall institute whatever operational measures are necessary to comply with this requirement. 4. Applicant shall provide screening in the lower boat storage area subject to approval by the Planning Division. 5. The use shall be limited to boat repair, storage, and.detailing as described in the staff report.. 6. Screen wall height, materials, and colors shall be subject to review and approval by the Planning Division. Vinyl, nylon, cloth, or similar materials shall not be permitted. 7. Parking and maneuvering of boats shall occur on site and shall not occur within Pomona Avenue, the public alley, or Ohms Way. 8. The applicant shall contact the Planning Division to arrange Planning inspection of the site to confirm that the conditions of approval and code requirements have been satisfied. Eng. 9. During construction, maintain the public right-of-way in a "wet -down" condition to prevent excessive dust and promptly remove any spillage from the public right-of-way by sweeping or sprinkling. Trans 10. Provide width of new drive approach on site plan. Maintain a minimum distance of 2 feet from top of "X" dimension to projected property line. 11. Maintain a minimum width of 10 feet on the southerly portion of the widened drive approach for access to the existing parking lot. 12. Show parking spaces on sloped ramp on site plan. The maximum slope for ramps with parking on the ramp shall be 5 percent per City Ramp Slope Standards.