HomeMy WebLinkAbout06-68 - Denying Minor Conditional Use Permit ZA-06-18RESOLUTION NO. 06-5$_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, DENYING MINOR
CONDITIONAL USE PERMIT ZA-06-18.
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, owner of real property located at 1676 Tustin Avenue, for a minor conditional use
permit to allow an outdoor television (outdoor activities) behind the restaurant, and,
WHEREAS, on April 20, 2006, the Zoning Administrator denied Minor Conditional Use
Permit ZA-06-18; and
WHEREAS, an appeal application was filed on April 26, 2006, a duly noticed public
hearing was held by the Planning Commission on July 10, 2006, and ZA-06-18 was denied
by the Planning Commission; and
WHEREAS, the item was called up for review by Council Member Gary Monahan on
July 17, 2006; and
00
WHEREAS, a duly noticed public hearing was held by the City Council on August 15,
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
DENIES Zoning Application ZA-06-18 with respect to the property described above.
PASSED AND ADOPTED this 15th day of August, 2006.
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i
Allan R. Mansoor, Mayor
ATTEST:
ret lie Folcik, City CI rk
APPROVED AS TO FORM:
4-4r )
Kimberly Kali Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing Resolution No. 06-68 was duly passed and adopted by the City Council
of the City of Costa Mesa at a regular meeting held on the 15`" day of August, 2006, by
the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, AND DIXON
NOES: COUNCIL MEMBERS: MONAHAN
ABSENT: COUNCIL MEMBERS: FOLEY
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 16'" day of August, 2006.
JULIE, CITY LERK
(SEAL)
The foregoing is the original of Resolution No. 06-68 duly passed and adopted by the
Costa Mesa City Council at the regular meeting held August 15, 2006.
�
14 JULIE FOLCIK, CITY LERK
(SEAL) a
EXHIBIT "A"
FINDINGS
The information presented does not comply with Section 13-29(g)(2) of the
Costa Mesa Municipal Code in that the proposed outdoor use is not compatible
with developments in the same general area. Granting the minor conditional
use permit will be materially detrimental to the health, safety and general
welfare of the public and injurious to properties within the immediate
neighborhood. Specifically, the property abuts residential properties to the
south and the proposed outdoor television is located approximately 30 feet from
a residence. Sporting events and videos, even without sound, would
encourage higher noise levels due to cheering or other forms of audience
participation and interaction. Since the restaurant is a one-story structure, and
the adjacent homes are two-story, the restaurant will not buffer the noise,
making the homes susceptible to higher noise levels. While the canopy
provides screening of the rear outdoor dining area, it would not adequately
reduce potential noise impacts as a result of the outdoor television.
2. The information presented does not substantially comply with Section 13-29 (e)
of the Costa Mesa Municipal Code in that:
a. The proposed outdoor use is not compatible and harmonious with residential
uses in the immediate vicinity.
b. Safety and compatibility of the design of the buildings, parking areas,
landscaping, and other site features including functional aspects of the site
development such as automobile and pedestrian circulation have been
considered.
c. The proposed outdoor use is not consistent with the General Plan because
it is not properly buffered from the sensitive, residential uses to the south.
d. The planning application is for a project -specific case and does not
establish a precedent for future development.
3. 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 under Section 15301
for Existing Facilities.
4. The project is exempt from Chapter XII, Article 3 Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.