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HomeMy WebLinkAbout18-02 - PA-17-04 Approval 1618 Ohms Way -RESOLUTION NO. 18-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING THE PLANNING APPLICATION PA -17-04 FOR A CONDITIONAL USE PERMITS FOR A BANQUET FACILITY, ON-SITE AND OFF-SITE VALET PARKING, AND MINOR CONDITIONAL USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES AFTER 11:00 PM AND DEVIATION FROM PARKING REQUIREMENTS WITH OFF- SITE SHARED PARKING WITH 705, 722, 729 and 1626 OHMS WAY FOR A THE PROPOSED PROJECT AT 1618 OHMS WAY THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Greg McCafferty, Development Advisors, LLC, authorized agent for the property owners, Steve Fortunato, Kim D. Harding, Tasedan Robert Traian, Richard E Goehring III, and Michele Cook requesting approval of the following: Planning Application PA -17-04 a request for a conditional use permit for the renovation of an existing one-story 6,461 square -foot industrial building to an event venue (The Harper). The request includes the following: 1. Conditional use permit for a. operation of an event center/ banquet facility. b. for valet parking at 705, 722, 729, 1618, 1626 Ohms Way. 2. Minor conditional use permit for a. sale of alcoholic beverages after 11:00 PM not within 200 feet of residential. b. shared parking at 705, 722, 729, 1618, 1626 Ohms Way. WHEREAS, a duly noticed public hearing held by the Planning Commission on November 13, 2017 with all persons having the opportunity to speak for and against the Resolution No. 18-02 Page 1 of 11 proposal, and the project was approved by the Commission on a 4-0 vote (one commissioner absent). WHEREAS, appeal of the Planning Commission's approval of the project was filed on November 20, 2017. WHEREAS, a duly noticed public hearing held by the City Council on January 2, 2017, with all persons having the opportunity to speak for and against the proposal. WHEREAS, 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. 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 -17-04. 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 -17-04, 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. Resolution No. 18-02 Page 2 of 11 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. PASSED AND ADOPTED this 2nd day of January, 2018. dra L. Genis, Mayor ATTEST: APPROYEP AS TO FORM: r,W 6JA Ott i Brenda Green, ity Clerk T omas p. Duarte, 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. 18-02 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, 2018, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Mansoor, Genis 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 3rd day of January, 2018. AgLA- Brenda Green, City Clerk Resolution No. 18-02 Page 3 of 11 EXHIBIT A FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: Finding: The project complies with the City of Costa Mesa General Plan, Zoning Code, and has a compatible and harmonious relationship between the proposed use, the building and site developments, and uses that exist or have been approved for the general neighborhood. Facts in Support of Findings: The event center has a compatible and harmonious relationship with the surrounding uses because conditions of approval require a free valet parking system for event patrons, limit the capacity of the event center during standard business hours, and require shared parking agreements on and between nearby properties after 5pm. In this way, circulation and parking demand from the event center would be appropriately managed. Further, the proposed project meets the parking demand for this use by providing a valet parking plan which provides 83 parking spaces. The number of spaces provided was based on a study completed in 2008 which recommended 16 parking spaces for every 1,000 square feet for event centers. Using this ratio, there is an anticipated demand for 86 parking spaces. In consideration of the 2008 study's recommended parking ratio, the likelihood of high level of carpooling among event center patrons, the provision of 83 parking spaces (or 82 parking spaces plus a bike rack) for this facility is adequate to accommodate anticipated demand. Furthermore, this protect has been conditioned to be reviewed at 6 months and a year to ensure that it continues to operate in a way which is compatible and harmonious with its neighbors. The proposed use would provide a service within a community which has a concentration of businesses from small start-ups to larger established companies. This type of amenity can provide a venue for such uses to celebrate achievements, announce products, provide training or retreats, and industry social activities. Finding: Sufficiently safe and compatible forthe building, parking area, landscaping, luminaries and other site features which includes functional aspects of the site development such as automobile and pedestrian circulation. Resolution No. 18-02 Page 4 of 11 Facts in Support of Finding: The building is of appropriate size and orientation for this type of use. While the onsite parking area is insufficient to address the parking needs of the use, shared parking agreements with the surrounding properties are proposed to provide the required parking. All proposed properties used for shared parking are within 300 feet of the valet drop off location and only generate additional trips on Ohms Way, a cul de sac industrial street. In regards to pedestrian circulation on and off each of the sites, conditions of approval have been added to ensure that lighting is sufficient to illuminate and make easily discernable the appearance and conduct of all persons on or about the sites and to ensure that the use of the site does not cause a disproportionate amount of litter or debris. B. The proposed project complies with Costa Mesa Municipal Code Section 13-29(g)(2) because: Finding: The proposed development or 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: Conditions of approval require that prior to issuance of building permits, the applicant would provide to the City the recorded lease agreements for reciprocal parking and access on and between 705, 722, 729, 1618, 1626 Ohms Way. The agreements would stipulate the number and location and hours of operation during which parking stalls would be available for shared parking purposes. Further, the condition would require the City to be notified if the agreements were modified or terminated. As such, conditions have been required that ensure that all properties providing shared parking are linked and that potential impacts to on -street parking are minimized due to shared parking agreements, the required free valet onsite, and the required limitation on the capacity of the event center during standard business hours. To ensure that potential impacts which may come from an event center open in the late evening is minimized, requirements to maintain all noise inside, ensure a plan to maintain the area free of litter or debris from the site, and provide training to ensure those who should not be driving are provided alternative means to leave the site are all conditioned on the project. Finding: Granting the conditional use permit or 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. Resolution No. 18-02 Page 5 of 11 Facts in Support of Finding: The proposed use is occupying the existing building and is not proposing any modification to its square footage. While the proposed use does increase the number of vehicular trips to the site and the number of potential occupants within the building, the offset hours and free valet plan that leverages existing parking spaces on properties on Ohms Way ensures that the use remains in conformance with the General Plan. D. 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: The existing structure and site will not be increased in size but only have interior alterations such as alterations to partitions, plumbing, and electrical conveyance. E. The project is not exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. Estimate of associated traffic impact fees can be obtained from the Public Services Department. Resolution No. 18-02 Page 6 of 11 EXHIBIT B CONDITIONS OF APPROVAL Ping. 1, Approval of the planning/zoning application is valid for two (2) years from the effective date of this approval and will expire at the end of that period unless applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and a valid building permit has been maintained by making satisfactory progress as determined by the Building Official; 2) a certificate of occupancy has been issued; or 3) the use has been established and a business license has been issued. A time extension can be requested no less than thirty (30) days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of Development Services may extend the time for an approved permit or approval to be exercised up to 180 days subject to specific findings listed in Title 13, Section 13- 29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension requests shall be considered by the original approval authority. 2_ The conditions of approval and ordinance or code provisions of planning application PA -17-04 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 3. Hours of operation shall be from 8 AM to 2 AM daily with events allowed between 10 AM and 2 AM daily; a maximum of 50 people shall be onsite during the hours of 10 AM to 5 PM daily. Any change in the business description, hours or days of operation, etc. shall require further review of the CUP. 4, 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. 5. The use shall be limited to the type of operation as described in the authorized agent's letter of description and staff report. Any change in the operational characteristics including, but not limited to, the hours of operation and additional services provided, shall require review by the Planning Division and may require an amendment to the 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)]. 6, 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") Resolution No. 18-02 Page 7 of 11 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. 7. Prior to final inspection from Planning Division the applicant shall demolish the lean-to shad structure abutting the building. 8. Prior to final inspection from Planning Division, the Applicant shall provide to the City copies of the recorded lease agreements for shared parking and reciprocal access on and between 705, 722,729, 1626, and 1618 Ohms Way. The agreements shall identify the number and location of required shared parking spaces and the hours of operation during which parking stalls shall be available for shared parking purposes. The agreements shall provide for a combined total of at least 82 parking spaces. The offsite parking spaces at 705, 722, 729 and 1626 Ohms Way shall be available for shared parking purposes between the hours of 5 PM and 2 AM daily, with the exception of 729 Ohms which shall be available after 6:30 PM on Weekdays and 6 PM Weekends. The agreements shall require the Development Services Department of the City of Costa Mesa to be notified within 30 days if there are any modifications to the agreements or if the agreements are terminated. 9. Prior to final inspection the applicant shall provide a multiple -site maintenance plan detailing how the operator of the event center will ensure that all sites impacted by the use will be properly maintained. 10. Development Services Director will evaluate the compliance of the business according to the conditions of approval. A review by Planning Commission of the Conditional Use Permit shall be requested one year after opening, if deemed necessary. 11. No amplified music or music speakers shall be permitted outside of the building. 12. 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 event area and/or modification to the operational hours of the event center, providing subsidized use of Uber/Lyft or similar service, and/or acquisition of additional off-site parking area. 13. The parking areas and pedestrian paths shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance Resolution No. 18-02 Page 8 of 11 and conduct of all persons on or about the sites (which includes 705, 722, 729, 1626, and 1618 Ohms Way). 14. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 15. This Conditional Use Permit does allow for live entertainment. Live entertainment may only be permitted subject to and issuance of an annual "public entertainment permit". Contact Planning and Code Enforcement for application information. 16. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 17. No on-site food preparation is permitted. Food catering for special events shall not be provided by a food truck. 18. The use of the office space for event use is expressly prohibited. 19. All sales and service staff (within 90 days of hire) shall complete Responsible Beverage Service (RBS) training with a provider approved by the California Department of Alcoholic Beverage Control. A copy of the training certificates shall be kept on premises and presented to any authorized City official upon request. 20. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant shall institute whatever security and operational measures are necessary to comply with this requirement. Additional on-site security shall be provided. 21, The applicant or licensee shall not employ or use the services of any full- or part-time active or reserve peace officer currently employed by the City of Costa Mesa or any contiguous agency for security purposes. 22. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. Occupant loads for the open patio area and the enclosed building area shall be calculated and posted separately. 23. Prior to issuance of Certificate of Occupancy (C of O) the applicant shall provide a scaled and dimensioned digital site plan(s) for the project site, on either a CD or thumb drive, to the Planning Division. All site plans shall include an accurate and precise drawing of all building footprints and property line locations for the entire project site. All buildings shall be annotated with its corresponding address and suites if applicable. 24. Prior to issuance of building permits a preliminary hardscape and landscape plan shall be provided for Planning Division approval to bring this sites' nonconforming landscaping into closer conformance. 25. Valet parking for the event center shall be free to all patrons of the events occurring onsite. Resolution No. 18-02 Page 9 of 11 26. The event center shall be reviewed by Planning Staff at 6 months of operation, unless problems have arisen in which case the review shall be completed by Planning Commission. A review before Planning Commission shall occur at 12 months of operation. BLDG 27. Valet parking for persons with Disability shall comply with Section 209.4 of the 2016 California Building Code TRAN 28. Two hoop bike racks shall be installed and meet Transportation's specifications for materials, finishes, and placement. Materials A. 1.5" schedule 40 uncoated pipe (1.90" OD) B. Installation Methods: In -ground mount is embedded into concrete base. Flange mount has two 2.5" x 6" x .25" feet - 4 anchors. Finishes A rubbery PVC dip. Blue is standard. Hoop Bike Rack A. Setbacks 1, Wall Setback: For Hoops set parallel to the wall, a minimum of 24" should be left between the wall and the rack. 36" is the recommended setback. For Hoops installed perpendicular to the wall, a 28" setback is the minimum distance. 36" is recommended. 2. Distance Between Racks: 24" is the minimum distance between racks. 36" is recommended. 3. Street Setback: 24" is the minimum distance between the street and the rack. 36" is recommended. The foot -mounted Hoop Rack has a 2.5" x 6" x.25" foot which is installed onto a concrete base with 4 masonry anchors. The foot -mounted Hoop Rack is generally less expensive to install and easier to remove than the in -ground mount model, while still maintaining the same degree of security. 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. Resolution No. 18-02 Page 10 of 11 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. Bldg. 2, 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: AQMD 1. Prior to the Building Div. (AQMD) issuing a demolition permit contact South Coast Air Quality Management District located at: 21865 Copley Dr. Diamond Bar, CA 91765-4178 Tel: 909- 396-2000 Or Visit their website http://www.costamesaca.gov/modules/showdocument.aspx?documentid =23381 The Building Div. will not issue a demolition permit until an Identification no.is provided By AQMD Sani 2, 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. Health 3, Provide a plan to the County of Orange Health Dept. for review and approval. Resolution No. 18-02 Page 11 of 11