HomeMy WebLinkAbout- - ZA-12-10 Attachment 6 - 5/15/2012ATTACHMENT 6
PLANNING COMMISSION RESOLUTION
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RESOLUTION NO.'PC-12- II
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF COSTA MESA APPROVING ZONING
APPLICATION ZA-12-10 TO CONVERT AN EXISTING
BUILDING INTO A DRIVE-THROUGH COFFEE SHOP AND
ANOTHER FOOD USE
THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY
RESOLVES AS FOLLOWS:
WHEREAS, an application was filed by 450 East 17th Street Associates, LLC,
requesting approval of Zoning Application ZA-12=10 to convert a former credit union
building containing drive-through lane that accommodated a drive -up automated teller
machine into a drive-through coffee shop for Starbuck's Coffee and another food use;
WHEREAS, on March 26, 2012, ZA-12-10 was approved by the Zoning
Administrator;
WHEREAS, on April 2, 2012 the approval of ZA-12-10 was appealed by a
property owner and called up for review by a council member;
WHEREAS, on April 23, 2012, a duly noticed public hearing was held by the
Planning Commission with all persons having the opportunity to speak for and against
the proposed project;
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 Planning Commission hereby APPROVES Zoning Application ZA-12-10 to convert
a former credit union building containing drive-through lane that accommodated a drive -
up automated teller machine into a drive-through coffee shop for Starbuck's Coffee and
another food use with respect to the property described above.
BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission 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-12-10 and upon
applicant's compliance with each and all of the conditions contained in Exhibit B as well
as with 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
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material change that occurs in the bperation, or if the applicant fails to comply with any of
the conditions of approval. .
PASSED AND ADOPTED this 23rd day of April, 2012.
Colin McCarthy, Chair
Costa Mesa Planning Commission
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STATE OF CALIFORNIA
COUNTY OF ORANGE
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I, Claire Flynn, secretary to the Planning Commission of the City of Costa Mesa, .
do hereby certify that the foregoing Resolution was passed and adopted at a meeting of
the City of Costa Mesa Planning Commission held on April 23, 2012, by the following
votes:
AYES: McCarthy, Clark, Fitzpatrick, Salcedo
NOES: None
ABSENT: None
ABSTAIN: Dickson
Secretary,/ Costa Mesa
Planning Commission
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EXHIBIT A
FINDINGS
A. The information presented complies with Costa Mesa Municipal Code Section 13-
29(g)(2) in that the proposed use is compatible with developments in. the same
general area. Granting the minor conditional use permit will not be detrimental to
the health, safety and general 'welfare of the public or other properties or
improvements within the immediate vicinity. Granting the minor conditional use
permit will not allow a use, density or intensity, that is not in accordance with the
general plan designation for the property. Specifically, staff does not anticipate any
parking impacts because the parking study prepared for the project has. been
reviewed by the City's Transportation Services Division, and they concur with the
study methodology, suggested parking rates, and the consultant's conclusions
regarding adequate parking. If the remaining space is occupied by a food use,
zoning approval and business license authorization shall be contingent upon
validation of the parking conclusions of the parking study prepared for the project.
This validation shall be in the form of real-time parking counts conducted within 180
days of the coffee shop being fully operational. Additionally, if parking shortages or
other parking -related problems arise, the landlord shall institute whatever
reasonable operational measures necessary to minimize or eliminate the problem.
Design of the drive-through lane provides adequate vehicle queueing and
circulation. The building will be. remodeled with contemporary architecture to
provide a positive complement to the East 17th Street streetscape. Adverse impacts
to residential uses will be minimized due to the requirement that the existing
landscape planter at the rear of the property (adjacent to residential) be densely re-
planted with trees to provide an additional buffer;for residential properties.
B. The proposed project complies with Costa Mesa Municipal Code Section 13-29
(e) because:
1. The proposed use is compatible and harmonious with uses both on-site
as well as those on surrounding properties.
2. Safety and compatibility of the design of the buildings, and other site
features including functional aspects of the site development such as
automobile and pedestrian circulation have been considered.
3. The use is consistent with the General Plan designation because the
project will not exceed the allowable General Plan intensity for the site.
C. 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 under Section 15301, Class 1,
Existing Facilities, of the CEQA Guidelines.
D. The project is exempt from Chapter XII, Article 3, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
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CONDITIONS OF APPROVAL
Ping. 1.
The uses shall be limited to the type of operation as described in the staff
report and conditions of approval. Any change in the operational
characteristics of any use 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 subject to approval by
the Zoning Administrator.
2.
If parking shortages or other parking -related problems arise, the
business operator shall institute whatever reasonable operational
measures necessary to minimize or eliminate the problem. These
measures may include identifying select parking spaces for short-term
parking (i.e. 30 minutes, 1 hour, etc.), reserving certain parking spaces
for the other tenant, and/or any other measures as deemed appropriate
by the Development Services Director.
3.
The use 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 reasonable security and
operational measures are necessary to comply with this requirement.
4.
The applicant shall contact the Planning Division to arrange a Planning
inspection of the site prior to commencement of the business. This
inspection is to confirm that the conditions of approval and code
requirements have been satisfied.
5.
Prior to the grand opening. of the coffee shop, the applicant shall submit
an interim parking plan to the Planning Division for review and approval
to ensure that adequate employee parking is available on-site or on at
an authorized site through an agreement with its property owner. In
addition, the plan shall indicate that employees shall be available to
minimize any impacts to circulation on the adjacent streets and
surrounding properties. This interim plan shall be in place .for a
minimum of 60 days during the "Grand Opening" and may be extended
for an additional 30 days to meet customer demands as deemed
appropriate by the Development Services Director. The interim plan
shall be approved prior to issuance of certificate of occupancy.
6.
After the Grand Opening period when the interim parking plan is no
longer in place, employees of the fast food restaurant shall park on-site.
Employee parking shall occur in any of the parking stalls on the
property. Employee parking on the public streets fronting residential
properties shall be considered a violation of the terms of approval of the
minor conditional use permit. If repeated violations occur, the
Development Services Director shall have the discretion to require
employee parking spaces be assigned on the property, or to require
other appropriate measures to ensure on-site employee parking.
7.
Zoning approval and business license authorization for a proposed
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establishment where food and beverages are served shall be contingent
upon validation of the parking conclusions of the March 1, 2012 parking
study. This validation shall be in the form of real-time parking counts
conducted within 90 days of the coffee shop being fully operational.
8. The conditions of approval for ZA-12-10 shall be blueprinted on the face
of the site plan as part of the plan check submittal package.
9. No modification(s) of the approved building elevations including, but not
limited to, changes that increase the building height, removal of building
articulation, or a change of the finish material(s), shall be made during
construction without prior Planning Division written approval. Failure to
obtain prior Planning Division approval of the modification could result in
the requirement of the applicant to (re)process the modification through
a discretionary review process such as a minor design review or a
variance, or in the requirement to modify the construction to reflect the
approved plans.
10. No exterior roof access ladders, roof drain scuppers, or roof drain
downspouts are permitted.
11. It is recommended that the project incorporate green building design
and construction techniques where feasible. The applicant may contact
the Building Safety Division at (714) 754-5273 for additional information.
12. Applicant shall work with staff to landscape the planter at the rear of the
property in order to maximize the opportunity to provide a buffer for the
residential properties including minimum 24 -inch box size trees, subject
to review and approval by the Planning Division Director.
13. The property owner or applicant shall install bike racks for patrons and
employees on the site. The bicycle racks shall be decorative in design.
This condition shall' be completed prior to final occupancy/start- of
business, under the direction of the Planning and Building Divisions.
14. The applicant shall work with staff to reconfigure the proposed outdoor
.patios to minimize the encroachment into the required street setback
landscape planters, subject to approval by the Planning Division.
15. Transformers, backflow preventers, and any other approved above-
ground utility improvement shall be located outside of the required street
setback area and shall be screened upon view, under direction of
Planning staff. Any deviation from this requirement shall be subject to
review and approval of the Development Services Director.
16. City understands that the adjacent property may hold certain easement
rights over the property that is the subject of this decision. The city is
not in a position to determine the legal rights between the two parcels
with respect to this easement. Accordingly, the City's approval is made
expressly subject to the project being in full compliance with any existing
duties, rights and obligations set forth in any easements or other
encumbrances recorded against the property. Any construction initiated
by applicant is performed at applicant's own risk that it may be
inconsistent with existing easements and encumbrances.
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