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HomeMy WebLinkAbout03-26 - Approving Minor Conditional Use Permit ZA-03-11RESOLUTION NO. 03-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING MINOR CONDITIONAL USE PERMIT ZA-03-11. - THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Shelly Leonard, authorized agent for Bill Keeler, with respect to the real property located at 820 W. 19th Street, requesting approval of a minor conditional use permit to allow sale of alcoholic beverages for on-site consumption after 11:00 p.m. (1:00 a.m. requested) and to deviate from shared parking requirements based upon offset hours of operation in conjunction with the reestablishment of a bar closed for more than 6 months; and WHEREAS, The Zoning Administrator forwarded the application to Planning Commission for public hearing; WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 24, 2003, and ZA-03-11 was approved; and WHEREAS, ZA-03-11 was appealed to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on April 21, 2003. 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 ZA-03-11 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 Minor Design Review ZA-03-11 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 21st day of April, 2003. ATTEST: Dey City Clerk of the City of Mayor of the City f Costa Mesa Co a 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. 03-26 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 21St day of April, 2003, by the following roll call vote: AYES: 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 22nd day of April, 2003. DepyV City Clerk and ex -officio Clerk of the Clity Council of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The proposed use complies with Costa Mesa Municipal Code Section 13-29(e)* because: Z. • The use is compatible and harmonious with uses that exist in the general neighborhood. • The use is consistent with the General Plan and the goal for upgrading the neighborhood. B. 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 for the use will notbe detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity. Specifically, because the site can continue to be operated as a bar, even without the minor conditional use permit, and the minor conditional use permit allows the city the opportunity to impose conditions of approval and to more closely monitor the site; it allows improvement of the landscaping, exterior beatification of the facility, parking lot improvements and a security guard to better manage the site. Permission was also obtained from neighboring businesses for shared parking on their sites, which would provide more than what's required for parking. C. The request to deviate from shared parking based upon offset hours of operation does comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that the deviation will not be detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity. Specifically, because the applicant is proposing to operate the bar only after the retail use has closed (i.e., after 5 p.m.), the site would only be deficient by 1 space, minimizing the parking impacts that would occur if the bar were to operate at the same time as the retail use. D. 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. E. 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 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 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. Applicant shall notify new business/property owners of conditions of approval upon transfer of business or ownership of land. 3. The use shall be limited to the type of operation described in the staff report. Live entertainment and dancing shall not be permitted. Any change in the operational characteristics including,. but not limited to, hours of operation, sale of alcoholic beverages or provision of live entertainment and/or dancing, will require approval of an amendment to the conditional use permit, subject to Planning Commission approval. 4. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. 5. There shall be no room or designated area reserved for the exclusive use of designated persons or "private club members:" 6. 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. 7. There shall be no sales of alcoholic beverages for off-site consumption. 8. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 9. Applicant shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas over which applicant has control, to prevent trash, graffiti, and loitering. Applicant shall further provide adequate lighting above the entrances to the premises sufficient in intensity to make visible the identity and actions of all persons entering and leaving the premises. 7. 10. The applicant shall maintain free of litter of all areas of the premises over 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. All operational conditions and restrictions shall be complied with, regardless of operating hours, 24 hours a day, seven days a week. 13. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to occupancy. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 14. The application will be reviewed annually by Planning Staff. Any problems or violations of the conditions of approval may require review of the application by Planning Commission. 15. To minimize parking conflicts with other uses on the site, hours of operation shall be limited to 5 p.m. to 12:00 midnight, Mondays through Thursdays, 5 p -m. to 1:00 a.m., Fridays and Saturdays, and 11 a.m. to 11 p.m. on Sundays. 16. The conditions of approval and ordinance or code provisions of ZA-03- 11 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 17. Music shall not be audible beyond the area under the control of the licensee. 18. The applicant shall repair and/or upgrade the property features (site paving, parking lot striping, lights, etc.) and shall be maintained in accordance with Code Section 20-7 (Property Maintenance Standards). The applicant shall install a small landscape planter at the front of the building to improve the appearance of the site from the street, subject to the approval of the Planning Division. 19. At least one employee shall be assigned to security at all times the business is open. This employee shall not have other duties or responsibilities that would interfere with the ability to respond to and deal with security issues. PD 20. A list of security recommendations has been provided by the Police Department for the applicant's consideration. 21. If approved by the property owner, applicant shall install a vehicle gate at the rear of the property (behind Faulkner's Lawnmower Shop) to restrict access from the east side of the property. _ 22. Applicant shall post signs stating parking is for Avalon patrons only and that patrons shall not park on nearby residential streets.