Loading...
HomeMy WebLinkAbout18-08 - PA-15-22 Approval, Alleylujah LLC/Randolph Studios LLCRESOLUTION NO. 18-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING PLANNING APPLICATION PA -15-22 FOR A CONDITIONAL USE PERMIT FOR AN EVENT CENTER/BANQUET FACILITY, ON-SITE AND OFF-SITE VALET PARKING, AND A MINOR CONDITIONAL USE PERMIT FOR OUTDOOR ACTIVITY SPACE AND DEVIATION FROM PARKING REQUIREMENTS TO ALLOW OFF-SITE SHARED PARKING WITH 2991 RANDOLPH AVENUE AND 765 ST. CLAIR STREET FOR THE PROPOSED PROJECT AT 2955 RANDOLPH AVENUE, SUITE B THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Alleylujah LLC, authorized agent for the property owners, Randolph Studios LLC requesting approval of the following: Planning Application PA -15-22 is a request for a conditional use permit for the renovation of a 2,300 -square -foot tenant space within a single -story industrial building at 2955 Randolph Avenue to an event venue (Alleylujah). The request includes the following: 1. Conditional use permit for: a. operation of an event center/ banquet facility b. valet parking at 2955 and 2991 Randolph Avenue and 765 St. Clair 2. Minor conditional use permit for: a. an outdoor relief area for the event center b. shared parking at 765 St. Clair Street, owned by Box Partners LLC and 2991 Randolph Avenue, owned by SoBECA Partners LLC. WHEREAS, a duly noticed public hearing held by the Planning Commission on December 11, 2017 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 4-1 vote (Commissioner Navarro Woods voting against). WHEREAS, a review of the Planning Commission's approval of the project was filed on December 18, 2017. WHEREAS, a duly noticed public hearing held by the City Council on February 6, 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 Resolution No. 18-08 Page 1 of 10 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 approval contained in Exhibit B, the City Council hereby APPROVES Planning Application PA -15-22. 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 -15-22, 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. PASSED AND ADOPTED this 6th day of February, 2018. Sandra L. Genis, Mayor ATTEST: APPROVED AS TO FORM: Resolution No. 18-08 Page 2 of 10 Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City Council of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 18-08 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 6a, day of February, 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 7th day of February, 2018. .. C Resolution No. 18-08 Page 3 of 10 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 parking demand of the event center during standard business hours by requiring the shuttling of all attendees, and require shared parking agreements on and between nearby properties used to meet the parking requirements per code. In this way, circulation and parking demand from the event center would be appropriately managed. 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 for the building, parking area, landscaping, luminaries and other site features which includes functional aspects of the site development such as automobile and pedestrian circulation. 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, this is the justification for the shared parking agreements with the surrounding properties with free valet and shuttling services. All proposed properties used for shared parking are within 800 feet of the valet drop off location and only generate additional trips on Randolph Avenue and St. Clair 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. Resolution No. 18-08 Page 4 of 10 Facts in Support of Finding: Conditions of approval require that prior to issuance of building permits, the applicant will submit to the City a reciprocal parking and access agreement on and between 2955 and 2991 Randolph Avenue and 765 St. Clair Street. 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 requires 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 hours and use of the sites during shuttle -only event hours. To ensure that potential impacts which may come from an event center open in the late evening is minimized, requirements to minimize noise outside, 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. 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, shuttling service, and free valet plan that leverages existing parking spaces on properties on Randolph Avenue and St. Clair Street 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 CEQA Guidelines 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. The sites FAR is not increasing therefore the building intensity onsite is limited to the original building. Further, although the proposed use would change it represents a negligible change compared to the previous use. E. The project is not exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. An estimate of associated traffic impact fees can be obtained from the Public Services Department. Resolution No. 18-08 Page 5 of 10 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 -15-22 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 3. The applicant shall adhere to the Hours of operation listed in the table below: Table 4 — Proposed Hours of Operation for The Alleylujah Event Center Mondays Tues.- Fri. Saturday Sunda Hours for Shuttle 6AM-7 6AM-7:30 8AM-5:30 10AM-4 Events Only PM PM PM PM Hours for 7 PM - 7:30 PM - 5:30 PM - 4:00 PM - Events With Valet Parking MIDNIGHT MIDNIGHT MIDNIGHT MIDNIGHT If the City receives a letter(s) from the business owner(s) at properties involved in this CUP notifying the City that the hours of operation have changed, then Development Services Director may modify the hours restricted to Shuttle -Only events with free valet parking as long as the modification does not result in any parking conflicts with any other business operating on these three sites. Any other 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. Resolution No. 18-08 Page 6 of 10 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(0)]. 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") 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. A reciprocal parking and access agreement shall be recorded to reflect shared parking on and between (2955 Randolph Avenue / 418-161-07, 2991 Randolph Avenue / 418-161-03, and 765 Saint Clair Street / 418- 172-01). The agreement shall provide for a combined total of 52 parking spaces. The agreement shall require that shared parking spaces are maintained free and clear of any obstructions and shall be exclusively available during the valet parking hours listed in condition of approval number 3 for parking purposes related to the approved use at Alleylujah Event Center at 2955 Randolph Avenue. The agreement shall also 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. The Applicant shall prepare and submit the agreement for approval to the Development Services Director and the City Attorney's Office. Following such approval, the agreement shall be recorded against all properties named in the agreement. Copies of the recorded agreement shall be provided to the Development Services Director prior to issuance of a building permit final. The Development Services Director is authorized to approve modifications to the shared parking agreement, including but not limited to authorizing the use of other shared parking sites, if he/she finds that the modification is in substantial conformance with the intent of this condition. 8. 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. Resolution No. 18-08 Page 7 of 10 9. No amplified music or music speakers shall be permitted outside of the building. The outdoor area shall not be used for additional guest seating or meeting space. The outdoor activity space shall not be used to stage live entertainment, dancing. 10. The applicant will not rent out the outdoor area separately. 11. 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. 12. The parking areas and pedestrian paths shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the sites (which includes 2955 and 2991 Randolph Avenue and 765 St Clair Street). 13. The parking lot shall be posted with signs directing customers and employees to use consideration when entering their cars and leaving the parking lot. 14. 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. 15. 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. 16. No on-site food preparation is permitted. Food catering for special events shall not be provided by a food truck. 17. The business shall ensure that all catering companies operating onsite 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. 18. 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. 19. 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. 20. 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. 21. Prior to issuance of building final the applicant shall provide a scaled and dimensioned digital site plan(s) for the project site, on either a CD or thumb Resolution No. 18-08 Page 8 of 10 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. 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 Resolution No. 18-08 Page 9 of 10 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. 22. During valet parking hours the employees shall park at 765 St Clair Street and the parking space closest to the rear of the property shall be filled last to ensure valet parking can turn the cars around which are being parked at the other two shared parking lots. During the valet parking hours the six parking spaces closest to Randolph Avenue on 2955 Randolph Avenue shall be made available for those who prefer to self -park. 23. Valet parking for the event center shall be free to all patrons of the events occurring onsite. 24. The event center shall be reviewed by the Development Services Director 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. 25. Prior to issuance of building permits a finalized shuttle parking and access plan shall be required from the applicant and approved by the Development Services Director. The shuttle parking and access plan shall include the circulation, loading/unloading which shall include those with handicapped disabilities, and parking of the shuttles and employee parking during shuttle -only events. The shuttle plan shall also include a description of the shuttle sizes used. 26. All user agreements shall stipulate that guests of the event will be informed that they are required to utilize only free onsite valet parking or use an approved shuttle. BLDG 27. Valet parking for persons with Disability shall comply with Section 209.4 of the 2016 California Building Code 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. 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 Resolution No. 18-08 Page 9 of 10 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. Traffic 3. The applicant shall submit a Traffic Impact Fee to the Transportation Division prior to issuance of Building Permits. The fee is required in an amount determined by the Transportation Division pursuant to the prevailing schedule of charges adopted by the City Council. The fee is calculated with consideration of standardized trip generation ratios for proposed uses and includes credits for existing uses. NOTE: The estimated Traffic Impact Fee for this application is $16,485. The fee will be calculated at the time of issuance of Building Permits based upon the prevailing schedule of charges in effect at that time. 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 Division 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. 18-08 Page 10 of 10