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HomeMy WebLinkAbout03-45 - Approving Planning Application PA-03-14RESOLUTION NO. 03-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -03-14. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Diane Cuniff, authorized agent for Glenn Beeler, with respect to the real property located at 1629 Superior Avenue, requesting approval of a conditional use permit to establish a dog day care inside and outside of an existing industrial building, in the MG zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 9, 2003; and WHEREAS, on June 9, 2003, Planning Commission approved Planning Application PA -03-14 by adoption of Resolution PC -03-39; and WHEREAS, on June 12, 2003, and June 16, 2003, Ken Woods and Carl and Carolee Stevens, respectively, filed an appeal of Planning Commission's decision; and WHEREAS, the City Council held a duly noticed public hearing on July 7, 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 Planning Application PA -03-14 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 Planning Application PA -03-14, 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 7th day of July, 2003. ATTEST: Deputy y Clerk o the City of Costa Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Mayor of t e 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. 03-45 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 7th day of July, 2003, by the following roll call vote: AYES: Monahan, Steel, Mansoor, Scheafer 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 July, 2003. Dep City Clerk and ex -officio Clerk of the City 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: • The use is compatible and harmonious with uses that exist in the general neighborhood. • Safety and compatibility of the design of the building, parking area, and other site features including functional aspects of the site development such as automobile and pedestrian circulation will remain unchanged. • 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 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. Specifically, no significant noise problems are expected since there are no noise - sensitive uses, such as residences and hospitals, located nearby. In addition, there are other noise generators in the surrounding area, such as manufacturing activities and surface traffic. Also, business operations including extensive maintenance and hours 'of operations will ensure that the establishment will not negatively impact adjacent properties. 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. 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, as conditioned, is consistent with Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -03-14 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. 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 inches in height with not less than %-inch 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 inches in height.with not less than %4 -inch stroke and shall contrast sharply with the background. 4. If the City receives parking complaints, the applicant or operator shall submit a parking management plan to resolve' on-site parking issues. The parking management plan may require that outdoor play area be converted into parking spaces. Said plan shall be reviewed and approved by the Planning Division. In the event the parking issues remain unresolved, the conditional use permit shall be returned to the Planning Commission. ir 5. 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. 6. The facility shall operate, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. 7. Employee parking shall be located at the rear of the property and customer parking will be located at the front of the property. 8. The number of dogs shall be limited to 10-15 dogs for each handler. APPL. PA -03-14 9. The level of trash service shall be increased on an as -needed basis. 10. Additional landscaping shall be installed as part of the improvements to the outdoor play area and shall be shown on landscape plans to be submitted as part of the project plan check process. 11. Hours of operation will be 6:30 a.m. to 8 p.m., daily. No outdoor activity is to be conducted after closing. 12. Overnight stays shall be limited to the area within the building. An on-site security staff person shall remain on the premises overnight. 13. Veterinary services are limited to an on-call basis. On-site staff will be limited to administering of medicines. 14. Outdoor activity shall be limited to the outdoor play area Located at the rear and north side of the building, as shown on the site plan. 15. All outdoor activity of the dogs shall be supervised by staff. 16. All proposed improvements (painting of the building, installation of landscaping and new fencing), shall be completed prior to the initiation of the business. 17. The applicant shall contact the Planning Division to arrange for an inspection of the' site prior to the initiation of the business. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. PD 18. A list of security recommendations has been provided by the Police Department for the applicant's consideration. ff Ping. 19. Parking shall be modified and striped under direction of the Planning Division. Modifications shall include provision of four (4) staff parking spaces at the rear; provision of required back-up area for staff parking; relocation of handicap parking to the front of the building; provision of two short-term (10 -minute maximum), drop- off/pick-up only spaces in the driveway on the south side of the building; removal of the gate at the front of the driveway; and any other necessary adjustments. 20. Within six (6) months of the effective date of approval of this application, property owner shall file, with the Public Services Department, the necessary applications and filing fees to request vacation of excess public right-of-way along Superior Avenue. APPL. PA -03-14 Vacation process shall be completed within 12 months of approval of this application. 21. Applicant shall post signs instructing dog owners to keep dogs on leash until they are well inside the building. No dogs shall be allowed off -leash in the parking or driveway areas. 22. Applicant shall employ all necessary means — including but not limited to double -door, double -gate systems — to prevent dogs from escaping the facility. 23. Owner shall install easily cleanable surfaces on interior and exterior dog play and rest areas. These areas shall be maintained in a sanitary condition by mopping or similar means. 24. Applicant shall monitor outdoor areas, including driveway and parking areas, and clean up as necessary to prevent odors and other nuisances. 25. Trash pick-up shall be scheduled as frequently as necessary to prevent odors from becoming a nuisance to surrounding properties and tenants. 26. Applicant shall ensure that waste and contaminated runoff do not reach the public right-of-way and storm drain system.