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HomeMy WebLinkAbout03-17 - Denying Planning Application PA-02-06/Planned Signing Program ZA-02-08RESOLUTION NO. 03-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLANNING APPLICATION PA -02-06 AND PLANNED SIGNING PROGRAM ZA-02-08. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Tait and Associates, authorized agent for C. J.� Segerstrom and Sons, with respect to the real property located at 2701 Harbor Boulevard, requesting approval of an amendment to the master plan for Mesa Verde Center to demolish approximately 95,456 square feet of existing building area (Edwards Theater, Ice Capades Chalet, and Kona Lanes) and construct a 95,839 square foot Kohl's Department Store with a minor conditional use permit to deviate from shared parking and an amendment to a Planned Signing Program; and WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and an Initial Study/Mitigated Negative Declaration was prepared and available for public review from February 5, 2003, to February 24, 2003; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on February 24, 2003, and Planning Application PA -02-06 and Planned Signing Program ZA-02-08 were approved; and WHEREAS, Planning Application PA -02-06 and Planned Signing Program ZA- 02-08 .were appealed to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on April 7, 2003; NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", the City Council hereby denies Planning Application PA -02-06 and Planned Signing Program ZA-02-08 with respect to the property described above. PASSED AND ADOPTED this 7th day of April, 2003. ATTEST: DeputyP" ty Clerk of the City of Costa Mesa ayor of the City of Costa Mesa APPROVED AS TO FORM City Attorney 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. .03-17 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 7th day of April, 2003, by the following roll call vote: AYES: Robinson, Steel, Monahan,.Mansoor NOES: Cowan ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 8th day of April, 2003. Deput City Clerk and ex -officio Clerk of the Council of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(5) because the master plan does not meet the broader goals of the General Plan and the Zoning Code with regard to protection of the integrity of neighboring development. Specifically, the design, size, placement and intensity of use of the commercial building is not compatible with adjacent residential properties and will create cumulative adverse impacts on existing developments in the area including parking, traffic, and noise caused by the proposed development. B. The proposed development does not comply with Costa Mesa Municipal Code Section 13-29 (e) due to the adverse impacts on existing developments in the area including parking, traffic, and noise caused by the design and intensity of the proposed use because: a. The proposed development is not compatible and harmonious with uses that exist in the general neighborhood. b. The proposed development is not consistent with the General Plan, including, but not limited to, General Plan Objective GM -1A.1, which requires a proportional balance of land uses.