HomeMy WebLinkAbout05-61 - Approving Planning Application PA-05-16RESOLUTION NO. 05-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING PLANNING
APPLICATION PA -05-16
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, an application was filed by Tim Decinces, authorized agent for
Mike Simonian and Jane Caldwell, with respect to the real property located at 1676
Tustin Avenue (Beach Pit BBQ) and 411 East 17" Street (Frazee Paint), requesting
approval of a conditional use permit to allow off-site parking at 411 East 171M1 Street
to accommodate outdoor dining areas for Beach Pit BBQ and minor conditional use
permits to deviate from shared parking requirements at 411 East 171M1 Street and to
allow outdoor activities (a television outdoors behind the restaurant) at 1676 Tustin
Avenue; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on August B, 2005, and a part of PA -05-16 was approved by Planning Commission; and
WHEREAS, the item was appealed by Grant D. McNiff on behalf of Mesa
Heights Homeowners Association, to the City Council on August 15, 2005; and
WHEREAS a duly noticed public hearing was held by the City Council on
September 6, 2005;
NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the
record and the findings contained in Exhibit "A", the City Council of the City of Costa
Mesa hereby APPROVES Planning Application PA -05-16 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 -05-16 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 61" day of September, 2005.
ATTEST:
0,./,p � �,- - i,,�- /
Deputy Citl Jerk of the City of Costa Mesa Mayor of the City of Costa Mesa
APPROVED AS TO FORM
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City Attor ey
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. 05-61
was duly and regularly passed and adopted by the said City Council at a regular
meeting thereof held on the 6tb day of September, 2005, by the following roll call vote:
AYES: Mansoor, Monahan, Bever, Dixon, Foley
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 7tb day of September, 2005.
De#dty City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
EXHIBIT "A"
FINDINGS
A. The proposed conditional/minor use permits for off-site parking and deviation
from shared parking requirements comply with Costa Mesa Municipal Code
Section 13-29(e) because:
1. The proposed use is compatible and harmonious with uses on surrounding
properties.
2. Safety and compatibility of the design of buildings, parking area,
landscaping and other site features, which may include functional aspect
of the site development such as automobile and pedestrian circulation, has
been considered.
3. The proposed use complies with performance standards for a restaurant
business.
4. The project is consistent with the General Plan.
5. The planning application is for a project -specific case and does not
establish a precedent for future development.
6. The cumulative effect of all planning applications has been considered.
B. The conditional/minor use permits for off-site parking and deviation from shared
parking requirements substantially comply 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/minor use
permits will not be detrimental to the health, safety and general welfare of the
public or other properties or improvements within the immediate vicinity.
Specifically, based on the parking survey and the nature of the Frazee Paint
business at 411 East 17`h Street, adequate parking is available to allow
shared/off-site parking for the Beach Pit BBQ at 1676 Tustin Avenue. Granting
the conditional/minor use permits will not allow a use, density or intensity,
which is not in accordance with the general plan designation for the property.
C. The minor conditional use permit for an outdoor television does not comply
with Costa Mesa Municipal Code Section 13-29(8)(2) in that the proposed
outdoor use is not compatible with developments in the same general area.
Granting the minor 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 property abuts sensitive,
residential uses to the south and the outdoor television will negatively impact
the residential properties. Sporting events and videos are likely to encourage
higher noise levels due to cheering or other forms of audience participation
and interaction. Since the adjacent homes are two-story, they are susceptible
to higher noise levels.
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 XII, Article 3, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
EXHIBIT "B"
CONDITIONS OF APPROVAL
Ping. 1.
If parking shortage or other parking -related problems arise, the
applicant shall institute whatever operational measures are
necessary to minimize or eliminate the problem, including, but not
limited to, elimination or reduction of the outdoor dining areas.
2.
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.
3.
The conditional and minor conditional use permits 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.
4.
A copy of the conditions of approval for the conditional use permits
must be kept on premises and presented to any authorized City
official upon request. New business/property owners shall be notified
of conditions of approval upon transfer of business or ownership of
land.
5.
A land use restriction executed by and between the property owner
of 1676 Tustin Avenue, 411 East 17" Street, and the City of Costa
Mesa, shall be recorded. The land use restriction shall state that the
off-site parking area shall consist of 17 parking spaces at 411 East
17`" Street. The applicant shall submit to the Planning Division a
copy of the legal description for the property, and either a lot book
report or current title report identifying the current legal property
owner so the document may be prepared. The land use restriction
shall be recorded prior to use of the off-site parking and on-site
outdoor dining areas.
CODE REQUIREMENTS
The following list of federal, state and local laws applicable to the project has been
compiled by staff for the applicant's reference. Any reference to "City" pertains to
the City of Costa Mesa.
Bus. 1. A business license shall be obtained prior to the initiation of the
Lie. business approved under this application.
Ping. 2. Approval of the planning application is valid for one (1) year and will
expire at the end of that period unless building permits are obtained
and/or business commences, or the applicant applies for and is
granted an extension of time.
3. Permits shall be obtained for all signs according to the provisions of
the Costa Mesa Sign Ordinance.
4. The business shall comply with all applicable requirements of
Section 13-49 relating to development standards for establishments
within 200 feet of residentially -zoned property (see attached).
Bldg 5. Comply with the requirements of the Uniform Building Code as to
design and construction and CCR Title 24 pertaining to "Disabled
Access Regulations".
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