HomeMy WebLinkAbout05-06 - Denying Conditional Use Permit PA-04-33RESOLUTION NO. 05-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, DENYING CONDITIONAL USE
PERMIT PA -04-33.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, an application was filed by John DeFrenza, authorized agent for
Dennis D'Alessio, owner of real property located at 1764 Anaheim Avenue and 1777
Newport Boulevard, requesting approval of a conditional use permit to allow off-site
valet parking at 1764 Anaheim Avenue (a vacant paved lot), in an R2 -HD zone, and
640 W. 17" Street (Trader Joe's), in a C2 zone, for a proposed restaurant/lounge at
1777 Newport Boulevard, in a C2 zone, and to serve alcoholic beverages for on-site
consumption after 11:00 p.m. (2:00 a.m. seven days a week proposed) within 200 feet
of a residential zone; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on November 8, 2004, and continued to the hearing of January 24, 2005, and PA -04-33
was denied by the Planning Commission; and
WHEREAS, on January 28, 2005, PA -04-33 was appealed to City Council;
and
WHEREAS, a duly noticed public hearing was held by the City Council on
February 22, 2005.
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit "A", the City Council hereby DENIES Conditional Use Permit PA -
04 -33 with respect to the property described above.
PASSED AND ADOPTED this 22n' day of February, 2005.
ATTEST:'
Deput ity Clerk o 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 Attorri6y
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. 05-5
was duly and regularly passed and adopted by the said City Council at a regular
meeting thereof held on the 22ntl day of February, 2005, by the following roll call vote:
AYES: Mansoor, Monahan, Bever, Dixon
NOES: None
ABSENT: Foley
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 23" day of Feb ru 2005.
T
De City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
EXHIBIT "A"
FINDINGS
A. The proposed use does not comply with CMMC Section 13-29(e) because the
proposed use is not compatible and harmonious with uses that exist or have
been approved for the general neighborhood; the site and functional aspects of
the site development are not compatible with adjacent uses and create the
potential for unsafe conditions; and the cumulative effects of all planning
applications on adjacent uses are not acceptable, as outlined in greater detail in
the following Findings'B" and "C'.
B. The information presented does not comply with Costa Mesa Municipal Code
Section 13-29(g)(2) in that the proposed use is not compatible with developments
in the same general area. Granting the conditional use permit will be detrimental to
the health, safety and general welfare of the public or other properties or
improvements within the immediate vicinity. Specifically, the proposed use is a
combination restaurant(lounge, with off-site valet parking. The restaurant(lounge
is proposed for the second floor of an existing 2 -story commercial building, and
is approximately 80 feet away from existing two-story residential structures. The
proposed use would not be compatible with the nearby residents, based upon the
second story location of the proposed use and the City's experience with similar
establishments in proximity to residential uses. Additionally, the proposed use
could create an increase in calls for Police service for noise, loitering, and security
problems, as well as create unsafe traffic conditions as a result of the off-site
valet parking.
C. The request for off-site valet parking does not comply with Costa Mesa Municipal
Code Section 13-29(g)(2) in that the request will be detrimental to the health, safety
and general welfare of the public or other properties or improvements within the
immediate vicinity. Specifically, there are no on-site parking spaces for the
subject property, and the nearest proposed off-site parking area can only
accommodate 29 non -tandem parking spaces, which is not sufficient for the
proposed use, and the additional off-site parking location proposed by the
applicant is too far away from the subject site. Whereas the parking for a retail or
office use at the subject property can easily be accommodated within the
surrounding parking areas, this would not be the case for the proposed
restauranUlounge use. There are also serious concerns with use of the public
right-of-way for the valet station, including a potential traffic safety hazard due to
the insufficient street width.
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.