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HomeMy WebLinkAbout17-57 - Approving PA 17-12 -RESOLUTION NO. 17-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING PLANNING APPLICATION PA -17-12 FOR A CONDITIONAL USE PERMIT FOR RETAIL SALES OF MOTOR VEHICLES WITH FIVE (5) OUTDOOR DISPLAY PARKING SPACES AT THE SOUTHWEST CORNER OF RED HILL AVENUE AND CLINTON STREET AND TEN (10) OUTDOOR DISPLAY PARKING SPACES WITHIN THE PARKING LOT FOR EUROCAR AT 2920 RED HILL AVENUE THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Jim Santaniello, authorized agent for the property owner, Todd Miller, with respect to the real property located at 2920 Red Hill Avenue: and WHEREAS, the proposed project involves a conditional use permit for automobile retail sales in a 50,726 square foot building at 2920 Red Hill Avenue including five (5) outdoor display spaces on a concrete pad at the corner of Red Hill Avenue and Clinton Street and ten (10) outdoor display spaces within the parking lot; and WHEREAS, a duly noticed public hearing held by the Planning Commission on July 10, 2017 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 5-0 vote; and WHEREAS, a review of the Planning Commission's approval of the project was filed on July 12, 2017, and WHEREAS, a duly noticed public hearing held by the City Council on September 5, 2017, with all persons having the opportunity to speak for and against the proposal; and WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental Resolution No. 17-57 Page 1 of 8 procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Facilities; and WHEREAS, the CEQA categorical exemption for this project reflects the independent judgment of the City of Costa Mesa. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of contained within Exhibit B, the City Council hereby APPROVES Planning Application PA -17-12. 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 -17-12, and upon the applicant's compliance with each and all of the conditions in Exhibit 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 and/or mitigation measures. 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. onccrn nKir% gDOPTED this 5th day of September, 2017. Resolution No. 17-57 Page 2 of 8 ATTEST: APPROVED Brenda Green, Cit Jerk Tho,; as D STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) TO F RM: bty Attorney 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. 17-57 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 5th day of September, 2017, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Mansoor, Righeimer, Stephens, Genis, Foley NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 6th day of September, 2017. g Resolution No. 17-57 Page 3 of 8 EXHIBIT A FINDINGS (APPROVAL) A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(g)(2) because: Finding: The proposed use is substantially compatible with the developments in the same general area and would not be materially detrimental to other people within the area. Facts in Support of Findings: The proposed automobile retail with outdoor display is compatible with the light industrial uses immediately surrounding the subject property in that it is for high-end vehicles only, which will decrease customer traffic to the property visual impacts to Red Hill Avenue and surrounding properties. Finding: Granting the 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. Facts in Support of Finding: The nature of low customer traffic to an establishment selling only high-end cars ensures that customer traffic to the subject property does not interfere with parking on adjacent properties or traffic on Red Hill Avenue. Finding: Granting the 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 Industrial Park land use designation is intended to apply to large districts that contain a variety of industrial and compatible office and support commercial uses, including vehicle retail sales. The subject property is buffered from sensitive land uses in that it is surrounded by commercial properties, and the low traffic generated by high- end vehicle retail sales will ensure that the intensity of use does not exceed the intent of the General Plan. B. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: Finding: The proposed use is compatible and harmonious with uses on surrounding properties. Facts in Support of Finding: The code defines the Industrial Park zone as a district that is intended for large, concentrated industrial areas where the aim of development is to create a spacious environment in a park -like setting. The Resolution No. 17-57 Page 4 of 8 proposed artificial turf on the concrete pad where the automobiles will be displayed, will help maintain a park -like setting within the surrounding area. The display area is outside the 20 -foot landscape area. In addition, the use of automobile retail with two (2) or more display parking spaces is a permitted use in the MG zone with an approval of a conditional use permit. Therefore, the Zoning Code views the use as substantially compatible with the developments in the same general area provided that conditions are attached. Finding: Safety and compatibility of the design of the parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. Facts in Support of Finding: The automobile retail use is conditioned to operate as described in the submitted business description, with high-end vehicles displayed only in the designated area at the corner of the property on Red Hill Avenue and Clinton Street. The nature of low customer traffic to an establishment selling only high-end cars ensures that customer traffic to the subject property does not interfere with parking on adjacent properties or traffic on Red Hill Avenue. Finding: The project, as conditioned, is consistent with the General Plan. Facts in Support of Finding: The project, as conditioned, is consistent with the General Plan. The project is consistent with the General Plan land use designation of Industrial Park. This designation is intended to apply to large districts that contain a variety of industrial and compatible office and support commercial uses. The proposed project is insulated from sensitive land uses, and is abutting light industrial and commercial uses. Finding: The planning application is for a project -specific case and does not establish a precedent for future development. Facts in Support of Finding: Approval will apply to this project -specific locations. Conditions have been included that are specific to the proposed project. C. Finding: The project is exempt from the provisions of the California Environmental Quality Act under Section 15301 (Class 1) for Existing Facilities. Facts in Support of Finding: Because the tenant improvement at the project site will not include a major alteration or expansion to the existing facility, the project qualifies for this exemption. D. The project is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. Resolution No. 17-57 Page 5 of 8 EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation described in this staff CC report: high-end automobile retail sales with five (5) outdoor display spaces at the corner of the property at Red Hill Avenue and Clinton Street on a concrete pad and ten (10) outdoor display spaces located in the parking lot. Any significant change in the operational characteristics will require approval of an amendment to the conditional use permit, subject to Planning Commission approval. 2. 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 (1) City's approval of the project, including but not limited to any proceeding under the California Environmental Quality Act. 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. 3. The conditional use permit 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 Economic Development & Development Services Director/Deputy CEO or his designee, any of the findings upon which the approval was based are no longer applicable. 4. The conditions of approval, code requirements, and special district requirements of PA -17-12 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. The applicant shall contact the Planning Division to arrange a Planning inspection of the site upon completion of all site improvements and prior to final approval of any building permits for interior building improvements. This inspection is to confirm that the conditions of approval and Code requirements have been satisfied. Resolution No. 17-57 Page 6 of 8 6. 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. 7. Parking for patrons and employees of the business shall occur on-site or at 2920 Red Hill Avenue. Employee or patron parking on public streets or adjacent properties not included in the parking agreement shall be considered a violation of the terms of approval of the conditional use permit. 8. The display vehicles shall be limited to high-end vehicle luxury line of cars and collector cars, but not limited to, Ferrari, Maserati, BMW, and Mercedes. 9. There shall be no signs placed on the vehicles or display of prices of the vehicles for sale. 10. There shall be no outdoor amplification or loudspeakers. 11. The concrete area shall be restored to landscaping if the display area is not used. 12. In the event of a discontinuance of use, the business shall restore the site to original condition, including but not limited to, removing all temporary structures, restore landscaping, and repaving. 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. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. All noise -generating construction activities shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise -generating construction activities shall be prohibited on Sunday and the following Federal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Resolution No. 17-57 Page 7 of 8 Bldg. 3. Comply with the requirements of the following adopted codes: 2016 California Residential Code, 2016 California Building Code, 2016 California Electrical Code, 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Green Building Standards Code and 2016 California Energy Code (or the applicable adopted, California Residential Code, California Building Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the California Building Standards Code, as amended by the City of Costa Mesa. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2016 California Building Code. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information AQMD 2. Applicant shall contact the Air Quality Management District (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. Resolution No. 17-57 Page 8 of 8