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Home My WebLink About- - ZA-12-10 Attachment 3 - 5/15/2012ATTACHMENT 3 APPEAL AND REVIEW REQUEST is O Received City of Costa Mesa Costa Mesa ®evelopm,�ervle department City of Costa Mesa APR- 02 2012 ❑ / Appeal of P,dnning Commission Decision/Rehearing: $1,220.00 1 Appeal of Zoning Administrator/ Building Official / Fire Marshal / LLL��JJJ Staff Decision: $690.00 APPLICATION FOR APPEAL, REHEARING, OR REVIEW Applicant Name* l A'LP K- V- _ Address P o . 'Doc $0q,3 , k WfoW- ?i6A<1 CA gX056 Phone g4q-God'-7a5`g, Representing 47di-F REQUEST FOR: ❑ REHEARING [APPEAL D REVIEW" Decision of which appeal, rehearing, or review is requested: (give application number, if applicable, and the date of the decision, if known.) ,kQ?�-vYkI. OF ZAP -1a -!o,450 E• i?'r'*rzevf' Decision by: Reasons for requesting appeal, rehearing, or review: **Review may be requested only by Planning Commission, Planning Commission Member, City Council, or City Council Member For office use only - do not write below this line SCHEDULED FOR THE CITY COUNCIL/PLANNING COMMISSION MEETING OF: If appeal, rehearing, or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal, rehearing, or review: 85 Updated July 2011 Background For 30 years, both 450 and 462 E. 17th Street have had low demand banking institutions and other low demand activities. In 1982, the two property owners recognized that 462 E. 17th Street needed access over 450 E. 17th Street and an ingress -egress and parking easement over 450 E. 17th Street was granted to 462 E. 17th Street by document recorded as Instrument No. 82-297213 of Official Records of Orange County. According to the easement, ingress and egress is granted through- a 20 -foot wide strip and the grant also includes the use of three specific parking spaces on 450 E. 17th Street. The limits of said easement are shown on the attached copy of the proposed grading plan for 450 E. 17th Street. Current Proposal The applicant for 450 E. 17th Street, Burnham USA, is proposing to convert a bank with drive through into a coffee shop with drive through while converting the remaining building square footage into future restaurant use. The applicant provided a traffic study that concludes there will be three surplus parking spaces with these uses. Grounds for Appeal The following issues have not been satisfactorily resolved and it is hereby requested the City withdraw its approval of zoning application ZA-12-10: 1. The owner of 450 E. 17th Street has never offered the owner of 462 E. 17th Street a modification to the existing access and parking easement, therefore, if the development is approved in its current configuration, 462 E. 17th Street tenants will not be able to park in the area specified in the easement and there will be a planter blocking use of the ingress lane. No resolution of this issue has been proposed. C� 2. Of critical importance, the current site plan causes all of the following ingress -egress activities to simultaneously occur in the same area, thereby causing a "confluence" of conflicting vehicle movements: a. Two-way ingress and egress in the 20 -foot wide easement. b. Cars and delivery trucks entering the 450 E. 17th Street site crossing to the left through the egress lane to enter angled parking. c. Cars and delivery trucks backing out of the angled parking spaces through the egress lane. d. Cars in the drive through lane queue standing and occupying the middle of the confluence area. e. Cars and delivery trucks entering and exiting 462 E. 17th Street in this same confluence area in the limited area allocated for this use. This is the only means of ingress and egress for cars and other vehicles to access the parking area for 462 E. 17th Street. 3. With the expected traffic generated from the applicant's proposed food service establishments, which have high traffic volumes, it is likely there will occur a standstill condition and an inability to maneuver. 4. The traffic study does not address the confluence area, which is a critically important consideration for continuing successful use of each parcel. 5. Fire department access and response time is of concern because of the impact of the confluence area. 6. There is also the possibility that a change of use for 362 E. 17th Street will increase the demand on the ingress -egress easement and confluence area. Whereas 350 E. 17th Street is considering a more upscale and active use, the use and traffic study should include parallel improvements to 462 E. 17th Street. 7. There is the possibility that the standstill condition will cause cars and delivery trucks to wait on 17Th Street until space occurs for ingress. oia °' I Comby' i 2RoPo%:I;,' Pi.*W, gt.CpC*.5 6 15+aT k1zKlt4q Nor �*lbt,e WrC ?.ltil cl�f•ct �ME�cr ntz, xa, Gil PC) :;a Ar -EA „ r 3 GRANT OF EASEMENTS This Agreement made this 23rd day of August, 198.2 by and between Home Savings of America, a Federal 15 Savings and. Loan Association, hereinafter referred to as D "Grantor" and Wells Fargo Bank, N.A., a national associa- tion, hereinafter referred to as "Grantee." RECITALS A. Grantee has, contemporaneously with this Grant of Easements, granted to Grantor fee title to that certain real property commonly known as 450 East Seventeenth Street, located in the City of Costa Mesa, County of Orange, State of California, hereinafter referred to as the "Servient Tenement," and described as follows: The Northwesterly rectangular 126 feet of Lot 98 of "Newport Heights", in the City of Costa Mesa, as shown on a map thereof recorded in Book 4, Page 83, Miscellaneous Maps, Records of -said Orange Count -Y. Aug -22-•2009 10:14am li I From -WASHINGTON MUTUAL 8187764846 62-2972" 7-974 P-002/002 F-887 I i wsF4wF 3sxsao ..WWW stat aiw Urmwd uaia 4oro4 June 32. 062. r's"A" JOST 5, 1-968v iq tiwk 61c4. paSe Z43. Offfcid. WaMN M4 ON aoq'rAW h9 two maw�r id4 a# eMIsM{11MNC to lssl+at -ach fecardsd *Awft 37, ldzz. •a loop .0401 i nsiasr. is rPtar"4 �o sa Thi n3voswov 51f9"N", C. Crm;i• 4"ZI- M VP asP4rc gOrs" =ipisCo do etaa savvia= 'ta#HA "V, OrU CGjjszpMjzwj vd Tisa WATO l CqV= w Granted 1. arm pf rMaggMs. G:aAaar wQ*v w a wepto to av#ffaa Cha ao C"Ats se ><1gjMjAsfT#r descested. Wt4ah shall be $##qw2iva arwil, July 93. 2064.. g.teri P��,.i.:- Tt1a •ist►Gi gttAd r&gws n itsatl bp 4vWrs:aT4V4t Gv Tisa VWSP&At t:stR�c. aasaoouxs aroatad gain are far i ,srsg. isiiass .aiid P4x%Uwv iii a1sFOi1X Rjiia ii: dt:>L'i *A` aan iYtiifi hCV 996 WAi i'8Ci'ifiLiS�t t P�. 1• Z _ of 1=54. Us t#i#wIFi�Ci M r O L G J I IL JL 5. Secondary Easements, The easements granted herein include incidential rights of maintenance, repair and replacement of the easements. 6. Costs of Maintenance, Repair and Replacement. Grantor shall pay one-half of all costs incurred by Grantee in maintaining, repairing and replacing the easements. Grantor shall make payment 'to Grantee of its share of .such costs within fifteen (15) days of receipt of an itemized statement therefor from Grantee. 7. Purpose of Easements. The purpose of the easements granted herein is to provide Grantee with access to the Dominant Estate and to provide certain parking spaces an the Servient Estate for itself, its customers and all its subtenants, assigns and their customers. 8. Entire Agreement. This instrument ciontains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. I — 9. Attorneys' Fees. In the event of any.con- troversy, claim or dispute relating to this 'instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs. 10. Binding Effect. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first written above. GRANTOR: NOME SAVINGS OF AMERICA By: 1441. ice President Assistant Secretary GRANTEE: WELLS FARG.O BANK, N.A. By: ssi.stan ecr ary Vice President I_ DESCRIPTION OF EASEMENT FOR 14ELLS FARGO BANK, N. A. PARCEL 1 An easement for ingress and egress over that portion of Lot 98 of Newport Heights in the city of Costa Mesa, county of Orange, state of California as shown on a map recorded in Book 4, Page 83 of .Miscellaneous Maps in the office of the County Recorder of said county, described as follows: Beginning at a point that is distant South 500 00' 00" East 126.00 feet and North 400 00' 001' East 20.00 feet from the Westerly corner of said lot;' thence North 400 00' 0b" East 259.50 feet; thence North 500. 00' 00" West 47.00 feet.; thence South 400 .00, 00" West 28.00 feet; ,thence South 500 00, 00" East 27.00 feet; thence South 400 00, 00" West 231.50 feet; thence South 500 00, 00" East 20.00 feet to the point of beginning. PARCEL 2 An easement for ingress, egress and _p.arkin_g purposes over that portion of Lot 98 of Newport Heights in the city of Costa Mesa, county of Orange, state of California, as shown on a map recorded in Bonk 4, Fa_g,e 83 of Miscellaneous Maps in the office of the County Recorder of said county, described as follows: Beginning at a point that is distant South 50000' 00, East 106.DD feet and North 400 00'.00" East 20.00 from the westerly corner of said lot; thence North 400 00' 00" East 231.50 feet to the TRUE POINT OF BEGINNING; thence North 500 00, 0011 West 27,00 feet; thence South 400 00 00" West 18.00 feet; thence South 500 DO' 00" East 27.00 feet; thence North 400 00' 00" East 18.00 feet to the TRUE POINT OF BEGINNING. 92) v lV � ifr r••• )sem . r...t ,,� -.-.. r W Tpas. GIR 1. ( da • v • rg, 4 ` s� a ado W ,4 �.•:�,,: 0 U z IT knB A— nr�aoo'oo �yczr.�o - J17rw IrETCH To ACCpNXP,q/t!}�CEGAL OESGQIPT/ON FiC?,2- W,R. FAR CS0 B,A V.< PrJu LOT J& ATWPD,Crm&rsTr. "Af4/8 Bot Erfgi7��ri"q j 'iar-t re.+■,pne,o ...o�ne.e.1 sieruteee■ AUG.5,19521 506-00&000 ( vv- tzao G4 � G5 V. Received � City of Costa Me, Development Services Department APR 0 2 2012 �os City of Costa Mesa 0 ❑ Appeal of Planning Commission Decision - [:] Appeal of Zoning Administrator/Staff Decision -; APPLICATION FOR APPEAL, REHEARING, OR REVIEW Applicant Name* Wendy Leece Address Costa Mesa City Council Phone Representing REQUEST FOR: ❑ REHEARING ❑ APPEAL ❑ REVIEW" Decision of which appeal, rehearing, or review is requested: (give application number, if applicable, and the date of the decision, if known.) Zoning Application ZA-12-10 for 450 E. 17,nStreet. Decision by: Zoning Administrator Reasons for requesting appeal, rehearing, or review: I would like to pull this decision for review due to the fact there were five opposed. Perhaps we can address some of their concerns. Date Signature: *If you are serving as the agent for another person, please identify the person you represent and provide proof of authorization. **Review may be requested only by Planning Commission, Planning Commission Member, City Council, or City Council Member For office use only — do not write below this line SCHEDULED FOR THE CITY COUNCIL/PLANNING COMMISSION MEETING OF: If appeal, rehearing, or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal, rehearing, or review: