Loading...
HomeMy WebLinkAbout07-02 - Approving in Part and Denying in Part of Zoning Application ZA-06-51RESOLUTION NO. 07-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING IN PART AND DENYING IN PART OF ZONING APPLICATION ZA- 06-51. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Mark Mitchell, authorized agent for Dennis D'Alessio, with respect to the real property located at 440 Fair Drive, requesting approval of a Zoning Application to legalize two storage containers and install a third container and to allow an outdoor dining patio within the required front landscaped area; and WHEREAS, the request was approved by the Zoning Administrator on September 21,2006;and WHEREAS, on September 28, 2006, the request was called up by a Councilmember for review by the Planning Commission; and WHEREAS, the Planning Commission denied the request at a public hearing on November 13, 2006; and WHEREAS, on November 20, 2006, Planning Commission's denial of ZA-06-51 was appealed by the property owner to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on January 2, 2007. 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 Zoning Application ZA-06-51 with respect to the storage containers and DENIES the outdoor dining patio for 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 Zoning Application ZA-06-51 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 2nd day of January, 2007. ATTEST: r Juli Folcik, City y Clerk /�G Mayor APPROVED AS TO FORM: J Kimberly all Barlow, City Attorney 2 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 the above and foregoing is the original of Resolution No. 07-2 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2nd day of January, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: FOLEY, IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 3rd day of January, 2007. JUL�OLCIK, CITY CLERK (SEAL) ZA-06-51Appeal EXHIBIT "A" FINDINGS A. The information presented complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that the outdoor storage containers are substantially compatible with developments in the same general area. Granting the minor conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to properties or improvements within the immediate neighborhood. Granting the minor conditional use permit for the storage containers will not allow a use, density or intensity that is not in accordance with the General Plan designation for the property. Specifically, the storage containers will not reduce required on-site parking or landscaping, will not interfere with on-site vehicle circulation, and are not clearly visible from the street. Additionally, the storage containers are required to be removed one year from the date of approval (January 2, 2005) or upon discontinuance of their use by the current tenant, whichever occurs first. B. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that the proposed outdoor seating area is not compatible with developments in the same general area and would be materially detrimental to other properties in the area. Granting the minor conditional use permit will also be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to properties or improvements within the immediate neighborhood. Specifically, based upon public testimony presented at the meeting, the outdoor seating area will create additional adverse impacts such as noise, traffic, loitering, graffiti, and similar impacts to surrounding residential properties from customers due to its proximity to an existing cyber cafe on the property, especially if the sale and service of alcoholic beverages were introduced at this location. Granting the minor conditional use permit for the outdoor seating area will allow a use, density or intensity that is not in accordance with the General Plan designation for the property. Specifically, the outdoor seating area is not consistent with the City's General Plan Objective LU -1F.1, which requires the protection of stabilized residential neighborhoods from incompatible or potentially disruptive land uses and/or activities. C. The storage containers comply with Costa Mesa Municipal Code Section 13- 29(e)because: • The use is compatible and harmonious with uses on surrounding properties. • The 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. D. The outdoor seating area does not comply with Costa Mesa Municipal Code Section 13-29(e) because: • The use is not compatible and harmonious with uses on surrounding properties. • The use is not consistent with the General Plan. ZA-06-61Appeal E. 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 under Section 15301, Class 1, Existing Facilities, of the CEQA Guidelines. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. ZA-06-51Appeal EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. Street addresses shall be displayed in a manner visible from the street. Street address numerals shall be a minimum 12 inches in height with not less than 3% -inch stroke and shall contrast sharply with the background. 2. A copy of the conditions of approval for the Zoning Application shall 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. 3. Construction, grading, materials delivery, equipment operation or other noise -generating activity shall be limited to between the hours of 7 a.m. and 8 p.m., Monday through Friday, and between the hours of 8 a.m. and 7 p.m., on Saturday; there shall be no construction activity on Sunday and Federal holidays. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting or other quiet interior work. 4. Deleted. 5. The conditions of approval and ordinance or code provisions of Zoning Application ZA-06-51 shall be blueprinted on the face of the landscape and irrigation plan as part of the plan check submittal package. 6. Deleted. 7. Deleted. 8. Backflow prevention devices and other utility equipment shall be screened from view in a manner approved by the Planning Division. 9. Deleted. 10. Deleted. 11. The storage containers shall be painted to match the existing building. 12. Deleted. 13. The property owner shall provide landscaping along Fair Drive and Carnegie Avenue per Costa Mesa Municipal Code Sections 13-103 through 13-108, subject to review and approval by the Planning Division. This condition shall be complied with no later than 30 days from the date of approval (February 1, 2007). 14. The storage containers shall be removed one year from the date of approval (January 2, 2008) or upon discontinuance of their use by the current tenant, whichever occurs first. 15. The parking lot spaces shall not be leased or rented to any businesses not located on-site. 16. The property owner shall provide parking area lighting per Costa Mesa Municipal Code Section 13-93(d), subject to review and approval by the Planning Division. This condition shall be complied with no later than 30 days from the date of approval (February 1, 2007). 17. The property owner and current tenant of the cyber cafe shall work with the residential neighbors to address security issues. ZA-06-51Appeal 18. The property owner shall repair the damaged portion of the block wall along the Carnegie Avenue frontage. This condition shall be complied with no later than 30 days from the date of approval (February 1, 2007). ZA-06.51Appeal 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. Ping. 1. Use shall comply with all requirements of Section 13-43 and Chapter V, Article 3, of Title 13 of the Costa Mesa Municipal Code relating to development standards for commercial projects. 2. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 3. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-103 through 13- 108 as well as irrigation requirements set forth by the water agency. 4. Two (2) sets of landscape and irrigation plans, approved by the Planning Division, shall be required as part of the project plan check review and approval process. Plans shall be forwarded by the applicant to the Planning Division for final approval. 5. All landscaping and irrigation materials shall be properly installed, inspected, and maintained in a healthy condition. 6. Lighting shall comply with all requirements of Costa Mesa Municipal Code Section 13-93(d). Lighting shall be designed to provide adequate illumination of the parking area (no dark spots) without creating spill-over light or glare onto adjacent residential properties. Shielding or other methods necessary to prevent light or glare spill-over shall be incorporated. Bus. 7. All contractors and subcontractors must have valid business Lic. licenses to do business in the City of Costa Mesa. Final inspections and releases will not be granted until all such licenses have been obtained. 8. Business license(s) shall be obtained prior to the initiation of any business on this site. Bldg. 9. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations'. Trans. 10. No traffic impact fee for the storage containers shall be required, provided that the containers have no foundation and have no utility hookups for water or power to facilitate use as a habitable room. SPECIAL DISTRICT REQUIREMENTS: The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary District at (949) 645-8400 to obtain Sanitary District requirements.