HomeMy WebLinkAbout17-10 - Application ZA-16-34 -RESOLUTION NO. 17-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA TO
REVERSE THE PLANNING COMMISSION'S DECISION AND APPROVE ZONING
APPLICATION ZA-16-34 FOR A MINOR CONDITIONAL USE PERMIT TO ALLOW TWO
RESERVED PARKING SPACES LOCATED AT 3033 BRISTOL STREET, SUITE A
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Marc Martine, authorized agent for the
property owner, 3033 Bristol Street LLC, for a minor conditional use permit for two reserved
parking spaces at the commercial retail center located at 3033 Bristol Street in front of Suite
A to accommodate patrons of the Watch Connection as follows:
• Days: Tuesday — Saturday
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WHEREAS, a duly noticed public hearing was held by the Planning Commission on
November 14, 2016 and November 21, 2016, with all persons having the opportunity to
speak for and against the proposal;
WHEREAS, at the November 21, 2016 Planning Commission meeting, the Planning
Commission denied the project by a 3 to 0 vote (Ayes: Commissioner McCarthy,
Commissioner Sesler, Commissioner Andranian; Absent: Chair Dickson, Vice -Chair
Mathews);
WHEREAS, on November 28, 2016, an appeal of the decision of the Planning
Commission's denial of the project was filed by Marc Martine and Kelly Johnson;
WHEREAS, a duly noticed public hearing was held by the City Council on February
21, 2017 with all persons having the opportunity to speak for and against the proposal.
Resolution No. 17-10 Page 1 of 7
WHEREAS, the City Council considered and approved the minor conditional use
permit to allow two reserved parking spaces for Watch Connection based on safety and
security concerns related to the business operations;
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project
is exempt from the provisions of the California Environmental Quality Act (CEQA) under
Section 15301 for Existing Facilities.
BE IT RESOLVED, that based on the evidence in the record and the findings
contained in Exhibit A, and subject to the conditions of approval contained within Exhibits B,
the City Council REVERSES the Planning Commission's decision and hereby APPROVES
Zoning Application ZA-16-34 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 Zoning Application ZA-16-34 and upon the applicant's
compliance with each and all of the conditions in Exhibits B, and compliance of all applicable
federal, state, and local laws. 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.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase
or portion of this resolution, or the documents in the record in support of this resolution, are
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining provisions.
The City Clerk shall attest to the adoption of this resolution and shall forward a copy
to the applicant, and any person requesting the same.
Resolution No. 17-10 Page 2 of 7
PASSED AND ADOPTED on this 21ST day of February, 2017.
KATRINPP FOLXY, MAYOR
ATTEST:
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BRENDA GREEN, CITY CLERK THOMAS DU RTE, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 17-10 and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the
21st day of February, 2017, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: FOLEY, GENIS, MANSOOR, AND STEPHENS
NOES: COUNCIL MEMBERS: RIGHEIMER
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of
the City of Costa Mesa this 22nd day of February, 2017.
BRENDA GR N, CITY CLERK
Resolution No. 17-10 Page 3 of 7
EXHIBIT A
FINDINGS (APPROVAL)
A. The information presented substantially complies with Costa Mesa Municipal Code
Section 13-29(g)(2) with regard to the minor conditional use permit because:
Required Finding: The proposed use is substantially compatible with developments
in the same general area and would not be materially detrimental to other properties
within the area.
Facts in Support of Finding: The project includes the request for two reserved
parking spaces for limited hours for Watch Connection. Watch Connection is a
2,700 square -foot retail business within a 39,188 square -foot retail center with a
shared parking lot. The business is considered a retail use, and requires four
parking spaces per 1,000 square feet of leased area. As such, the use generates
a maximum demand of 11 parking spaces. Because the use is located in a retail
center with shared parking, Watch Connection does not have exclusive rights for
11 parking spaces. As such, patrons visiting the retail center park anywhere a
parking space is available.
The retail center experiences high demand for parking during lunch hours, due to
the success and popularity of restaurants within the center. This has caused
concern for the owners of Watch Connection, as patrons visiting the watch retailer
are unable to park directly in front of the business. The applicant is specifically
concerned for the safety and security of customers who purchase high-end
products at the store. Allowing for reserved parking for Watch Connection would
give the business exclusive rights to two of the 11 parking spaces allocated to the
business between 11AM and 2PM, Tuesday through Saturday. Reducing the
number of total shared parking spaces by two spaces would cause minimal effect
to the retail center due to the limited hours being requested. The reserved spaces
would not generate additional demand for parking. The biggest impact will be that
visitors to the retail center who are not visiting Watch Connection will now be forced
to park in any available open parking space, or utilize valet services. According to
the shared parking study, the valet parking service allows for four additional
parking spaces above the required amount for the retail center. Recent surveys
also indicate the valet parking is not fully utilized, as patrons tend to find non -valet
parking spaces first before using valet. In addition, parking during the busy lunch
hour is very fluid; There is as a constant flow of customers entering and leaving
the retail center during lunch hours, creating a constant turnover of parking.
Providing the reserved parking for Watch Connection will provide more stability
and consistent availability of parking for Watch Connection customers. This
stability will help improve business operations for the retailer.
Required Finding: 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 property or improvements within the immediate neighborhood.
Resolution No. 17-10 Page 4 of 7
Facts in Support of Finding: The request for reserved parking will improve the
health, safety, and welfare of public. The applicant is specifically concerned for the
safety and security of customers who purchase high-end products at the store.
Customers who visit the various restaurants at the retail center are taking parking
spaces valued by Watch Connection. The reserved spaces for the limited hours
could increase safety and security for the patrons visiting Watch Connection.
Reducing the number of total shared parking spaces by two spaces will cause
minimal effect to the retail center due to the limited hours being requested. As
mentioned, the valet parking can provide four additional parking spaces above the
required amount for the retail center.
Required Finding: Granting the minor conditional use permit will not allow a use,
density or intensity which is not in accordance with the general plan designation and
any applicable specific plan for the property.
Facts in Support of Finding: The request for limited reserved parking at Watch
Connection does not include any change in density or intensity at the subject
property. The property is located in the General Commercial land use designation,
and the C1 zone. As discussed, The Watch Connection is a permitted use within the
C1 zone. The 2,700 square -foot suite generates a maximum demand of 11 parking
spaces according to the parking ratio for a retail use. The allowance for reserved
parking would not generate additional demand for parking, but would allow the
business to reserve two of the 11 parking spaces allocated to the business for
exclusive use. The applicant is specifically concerned for the safety and security of
customers who purchase high-end watches at the store. Customers who visit the
various restaurants are taking parking spaces valued by Watch Connection. This has
caused concern for the owners of Watch Connection, as patrons visiting the watch
retailer are unable to park in parking spaces located directly in front of the business;
the applicant believes this is causing a decline in business. As such, the business
owner has mentioned relocating the business outside of Costa Mesa if customers
are limited by parking. Providing reserved parking will be consistent with General
Plan Policy LU- 6.7, which states "Encourage new and retain existing businesses
that provide local shopping and services."
B. The project has been reviewed for compliance with the California Environmental Quality
Act (CEQA), the CEQA Guidelines; and the City's environmental procedures, and has
been found to be exempt from CEQA under Section 15301 for Existing Facilities.
C. The project is exempt from Chapter XII, Article 3 Transportation System Management, of
Title 13 of the Costa Mesa Municipal Code.
Resolution No. 17-10 Page 5 of 7
EXHIBIT B
CONDITIONS OF APPROVAL
Ping. 1. The use shall be limited to the type of operation as described in the applicant's
reserved parking proposal and staff report. This includes a maximum of two
reserved parking spaces located in front of Suite A between 11AM and 2PM,
Tuesday through Saturday. Any change in the operational characteristics
including, but not limited to, the hours of reserved parking, shall require review by
the Planning Division and may require an amendment to the minor conditional use
permit, subject to either Zoning Administrator or Planning Commission approval,
depending on the nature of the proposed change. The applicant is reminded that
Code allows the Planning Commission to modify or revoke any planning
application based on findings related to public nuisance and/or noncompliance
with conditions of approval [Title 13, Section 13-29(o)].
2. The applicant is reminded that all conditions of approval from Conditional Use
Permit PA -15-43 for valet parking still apply.
3. 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. New
business/property owners shall be notified of conditions of approval upon transfer
of business or ownership of land.
4. 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.
5. If parking problems arise, the operator shall institute whatever operational
measures are necessary to minimize or eliminate the problem, including, but
not limited to, reducing the number or time period of reserved parking spaces.
6. The reserved spaces shall be for Watch Connection customers only. No
employee parking shall occur within reserved spaces.
7. The applicant shall maintain free of litter all areas of the premises under which
applicant has control.
8. The applicant shall defend, indemnify, and hold harmless the City, its elected and
appointed officials, agents, officers and employees from any claim, action, or
proceeding (collectively referred to as "proceeding") brought against the City, its
elected and appointed officials, agents, officers or employees arising out of, or
which are in any way related to, the applicant's project, or any approvals granted
by City related to the applicant's project. The indemnification shall include, but not
be limited to, damages, fees and/or costs awarded against the City, if any, and
cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in
connection with such proceeding whether incurred by the applicant, the City
and/or the parties initiating or bringing such proceeding. This indemnity provision
shall include the applicant's obligation to indemnify the City for all the City's costs,
fees, and damages that the City incurs in enforcing the indemnification provisions
set forth in this section. City shall have the right to choose its own legal counsel to
represent the City's interests, and applicant shall indemnify City for all such costs
incurred by City.
Resolution No. 17-10 Page 6 of 7
CC 9. This minor conditional use permit for two reserved parking spaces sunsets if and
when the Watch Connection closes.
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. Permits shall be obtained for all reserved parking signs according to the
provisions of the Costa Mesa Sign Ordinance.
Resolution No. 17-10 Page 7 of 7