Loading...
HomeMy WebLinkAbout02-87 - Approving Conditional Use Permit PA-02-18RESOLUTION NO. 02-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING CONDITIONAL USE PERMIT PA -02-18. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Anthony Beaumon, authorized agent for Orange Coast College, with respect to the real property located at 2701 Fairview Road, requesting approval of a conditional use permit to modify a previous conditional use permit (ZE-82-29) to allow the swap meet to operate on Saturdays (currently no vending is permitted to take place on Saturdays), and to expand the swap meet operation on Sundays; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 28, 2002; and and WHEREAS, Planning Commission approved PA -02-18, subject to conditions; WHEREAS, PA -02-18 was appealed to City Council; and WHEREAS, duly noticed public hearings were held by the City Council on November 18, 2002, and December 16, 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 contained in Exhibit "B", the City Council hereby approves PA -02-18 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 activity as described in the staff report for Conditional Use Permit PA -02-18 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 16th day of December, 2002. A ST: D A&U� Depu City Clerk of the City of Costa Mesa ayor of the City of Costa Mesa PPROVED AS TO FORM City Attorn STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA) 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. 02-87 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 16th day of December, 2002, by the following roll call vote: AYES: Robinson, Steel, Cowan, Monahan, Mansoor NOES: None ABSENT: None' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 17" day of December, 2002. Deputy Cr Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa �i Deputy Cr Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The proposed use, as conditioned, complies with Costa Mesa Municipal Code Section 13-29(e) because: There is a compatible and harmonious relationship between the use and uses within the general neighborhood. The proposed use is consistent with the General Plan. 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, as conditioned, 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 area. Specifically, the applicant will be required to comply with the recommended conditions of approval to ensure that the use is not disruptive to adjacent uses or properties. Granting the conditional use permit will not allow a use or intensity which is not in accordance with the General Plan designation for the property. C. An initial study was prepared, pursuant to the California Environmental Quality Act. Although the proposed project could have a significant effect on the environment, according to the initial study and mitigated negative declaration, which reflect the independent judgment of the City of Costa Mesa, there will not be a significant effect on the environment because mitigation measures have been added to the project. D. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL 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. 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. Applicant shall notify new business/property owners of conditions of approval upon transfer of business or ownership of land. 3.* The use shall be conducted as described in the City Council Agenda Report dated November 18, 2002, for Alternative C1 and the conditions of approval and mitigation measures described herein. Any proposed operational change that increases or intensifies the approved use shall require approval of an amendment to this conditional use permit by the Planning Commission: A. No swap meet activities shall be permitted to extend beyond the defined "vendor footprint" established by the conditional use under Alternative C1, Exhibit A. Swap meet activities shall be limited to Saturdays and Sundays only. B. Swap meet customers shall be physically prohibited from parking at Coast Community College District parking lot at the northwest corner of Pinecreek Drive and Adams Avenue. C. On-site and off-site directional signage and wayfinding system along with proactive traffic and parking control measures, and sufficient OCC staffing, shall be implemented subject to approval by the Transportation Services Division. Additional parking on the vacant lot west of the swap meet site shall be provided at such time as the lot is constructed. D. Vendors shall rent spaces on an advance reservation system to eliminate early morning accumulations of overflow vendors, subject to approval by the Planning Division. Additionally, subleasing of vendors spaces shall not be permitted. E. An OCC Swap Meet traffic and parking control plan shall be submitted to the Planning Division and Transportation Services Division for review and approval. 4.* The applicant shall maintain free of litter all areas of the premises over which applicant has control. The applicant shall provide notice to customers and vendors to use the trash containers provided within the swap meet area, and shall provide regular policing of trash in the area during and after the swap meet operation. The applicant shall work with OCTA and Public Services staff to provide trash pickup along Fairview Road and Adams Avenue on proximity to OCC (including bus stops). 5. A status report on the effectiveness of the OCC traffic and parking control plan shall be provided to the Planning Commission not later than 6 months after implementation. 6. Tire installation shall not be permitted. 7. The swap meet shall not operate when stadium events operate during the same hours as the swap meet. *These mitigation measures of the negative declaration prepared for PA - 02 -18 have been included as conditions of approval. Deletion of any of these conditions of approval/mitigation measures require a finding by the decision-making body that no significant environmental impacts will be created and the negative declaration is still valid.