Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02

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applications, Appeal Nos. 2022-01 and 2022-02, respectively, for Conditional Use Permit No. 2022-14. Pursuant to SAMC Section 41-645, the City Council is authorized to review appeals of Planning Commission decisions and may, after holding a public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41 of the SAMC. To support the City's recommendation to deny the appeal applications and uphold the Planning Commission's approval of Conditional Use Permit No. 2022-14, the City prepared a response to the comments contained within both appeals, attached to the Request for Council Action (RFCA) staff report, dated December 20, 2022, contained within the report and attached thereto as Exhibit 13. F. On December 20, 2022, the City Council held a duly noticed public hearing on Amendment Application No. 2022-01 and on Appeal Nos. 2022-01 and 2022-02 for Conditional Use Permit No. 2022-14. G. The City Council determines that the following findings, which must be established in order to grant this CUP pursuant to SAMC Sections 41-638 and 41-645, have been established for Conditional Use Permit No. 2022-14 to allow a new warehousing and distribution facility within the M1 zoning district: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed use will contribute to the general well-being of the community by providing a use that satisfies a growing demand for warehousing and distribution activities in the region, following the effects of the Covid-19 pandemic. The site plan and building have been designed to minimize impacts on surrounding properties and to enhance the surrounding community with a building and site that will provide elevated architecture, landscaping, site, and right-of- way improvements. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed warehouse and distribution facility at this location would not be detrimental to persons residing or working in the area as the subject site is located within a professional office and light industrial area and not immediately adjacent to residential uses, schools, or parks. The nearest residential property is 0.43 miles (2,290 feet) due north from the subject site, across the Costa Mesa (SR-55) Resolution No. 2022-XXX Page 2 of 12