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HomeMy WebLinkAbout11 - PH-2 - Appeal Planning Commissions Denial of Zo - 3/15/2016CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 15, 2016 ITEM NUMBER: PH -2 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DENIAL OF ZONING APPLICATION ZA- 15-38 FOR A RELIGIOUS AND CULTURAL CENTER WITH A DEVIATION FROM SHARED PARKING REQUIREMENTS AT 3184 AIRWAY AVENUE, SUITE J FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER DATE: MARCH 3, 2016 FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov RECOMMENDATION The Planning Commission recommends that the City Council take the following action: • Uphold the Planning Commission's denial of Zoning Application ZA-15-38, which was approved by the Zoning Administrator on December 10, 2015, a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: o Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. o Saturday 10:00 a.m. —2:00 p.m. o Sunday 10:00 a.m. — 2:00 p.m. (10 times per year). A total of 55 parking spaces are required for the 1,914 square foot assembly area. The proposal involves off -set operational hours in order to utilize the parking area when the other businesses are closed. The request was originally approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015, which subsequently overturned the Zoning Administrator's approval and denied the request on February 8, 2016. An appeal of the Planning Commission's denial was filed on February 16, 2016, by the applicant. AUTHORIZED AGENT/APPELLANT The authorized agent and appellant Salim Rahemtulla, representing Randy Shafer, the property owner. BACKGROUND Project Site/Environs The property is located on the east side of Airway Avenue, north of McCormick Avenue. The site is zoned MP (Industrial Park) and has a General Plan land use designation of Industrial Park. Physical on-site improvements include 32 buildings with 493 parking spaces and three points of ingress/egress on Airway Avenue. Project Description The applicant requests approval of a minor conditional use permit (MCUP) to allow the establishment of a religious education and cultural assembly center with a deviation from the shared parking requirements due to offset hours of operation. A total of 55 parking spaces are required by code for the 1,914 square foot assembly area. The proposal involves off -set operational hours in order to utilize the parking area when the other businesses are closed. The following schedule is proposed: Monday through Sunday: Saturday: Sunday: 4:00 a.m. to 6:00 a.m. 10:00 a.m. to 2:00 p.m 10:00 a.m. to 2:00 p.m and 7:00 p.m. to 9:30 p.m. (10 times per year). The project was conditioned to operate at the above times only in order to not interfere with normal business hours of 8:00 a.m. to 5:00 p.m. when parking demand will be at its peak. However, there was concern that parking demands of the proposed religious/cultural center would conflict with the shared parking approved under ZA-10- 22 for Berean Community Church at 3184 Airway, Suite A (see below). Previous Entitlement In 2010, Minor Conditional Use Permit ZA-10-22 was approved for a church with offset hours of operation at 3184 Airway Avenue, Suite A (Berean Community Church). The church is conditioned to operate as follows: Sunday: 9:00 a.m. to 1:00 p.m. (every week) and 7:00 p.m. to 10:00 p.m. (4 times per year). Friday: 7:00 p.m. to 9:00 p.m. Saturday: 9:00 a.m. to 11:00 a.m. (one time per month). In their justification letter dated April 1, 2010, the applicant stated they would need a maximum of 109 parking spaces. Zoning Administrator Action Despite the potential parking conflicts between the two religious facilities, the Zoning Administrator approved ZA-15-38 on December 10, 2015, subject to compliance with conditions of approval. A link to the Zoning Administrator's decision letter and attachments can be found on the City's website at the below link (hardcopy also attached to this report- Attachment 8): http://www.costamesaca.gov/modules/showdocument.aspx?documentid=20331 Planning Commission Action On December 11, 2015, a request to review the Zoning Administrator's decision was filed by a Planning Commissioner. On February 8, 2016, the review was considered by the Planning Commission. Based on the evidence presented at the hearing by representatives of the Berean Community Church and surrounding business owners (including photographic evidence) that the parking for both religious uses would not be sufficient for the center, the Planning Commission reversed the Zoning Administrator's approval and denied ZA-15-38 on a 3-2 vote (Chair Dickson and Vice Chair Mathews voting no). A link to the Planning Commission staff report can be found on the City's website here (hardcopy also attached to this report — Attachment 8): //www.costamesaca.aov/modules/showdocument.aspx?documentid=20993 The excerpt of the Planning Commission meeting minutes for the item are attached to this report (Attachment 7). ANALYSIS Appeal of Planning Commission Action On February 16, 2016, the Planning Commission's denial of ZA-15-38 was appealed by the original applicant to the City Council. The basis for the appeal includes the following: The appellant provides a parking study prepared by LSA and other supporting information indicating that there is sufficient parking throughout the center to meet the demand for both uses. 2. If approved, the appellant will put in place the following parking control measures: a. Church members will be notified of appropriate parking locations; b. A corp of volunteers will direct members to the appropriate parking spaces; c. Signage will be put in place directing members where to park; and d. The appellant will work with the surrounding tenants to ensure members park in the appropriate spaces. Berean Community Church Parking During the Planning Commission meeting, testimony was presented indicating that the existing Berean Community Church was in violation of their existing minor CUP (ZA-10- 22) which limits the number of available parking spaces for their use to 109 spaces. Staff contacted the pastor of the church (who also spoke during the hearing) who indicated via email (see email correspondence in Attachment 5) indicating that they are aware of the requirement and are operating within the 109 parking limit per their approved minor CUP. De Novo Hearing The City Council hearing is a de novo hearing in which the City Council may consider the project in its entirety. Council may consider all aspects of the proposed use and is not required to limit the discussion to the appellant's issues in the appeal. LEGAL REVIEW The City Attorney has reviewed the draft resolutions and they have been approved as to form by the City Attorney's Office. ALTERNATIVES The City Council may take the following actions: 1. Uphold the Planning Commission's decision and deny ZA-15-38 without prejudice; or 2. Reverse the Planning Commission's denial and approve ZA-15-38. Any modifications to the conditions of approval, such as additions or deletions, can be made by the Council as part of this action. CONCLUSION De novo literally translates to "anew," "afresh" or "a second time." A de novo hearing is essentially a new proceeding where the proposal is presented to the City Council for final consideration. In its decision making, City Council is not restricted to the evidence that was previously presented to the Planning Commission. MEL LEE, AICP GARY ARMSTRONG, AICP Senior Planner Economic Development & Development Services Director / Deputy CEO Attachments: 1. Location Map, Zoning Map, and 500' Radius Map 2. Site Photos 3. Appeal 4. Draft Resolutions and Exhibits 5. Correspondence From Public 6. Plans 7. Planning Commission Meeting Minutes 8. February 8, 2016 Planning Commission Staff Report and Attachments 9. Planning Commission Resolution cc: Chief Executive Officer Assistant Chief Executive Officer Economic Development & Development Services Director / Deputy CEO City Attorney Public Services Director Transportation Svs. Mgr. City Engineer City Clerk (9) File (2) Salim Rahemtulla 82 Meadowbrook Aliso Viejo, CA 92656 Randy Shafer 1874 Samar Drive Costa Mesa, CA 92626 ti (D N 00 N N U U) 01)a N LP 0 N O N ol CL O til -16, Q%7 - ATTACHMENT 1 U) —. :S y0+0+ q�0; 0 C SIA w aC �0 «:;., m urzi ren a CL -j U 3m:� '" '" o a+ � a li cz a. j a Oct Y co tJ 'k'4k U) —. :S rl- Iq N OD N _N f0 U Q v 0 N O N U ea Q U) 22 M Q 4.0 0 0 V w LL O O CL �a 0 to h t a m CL U. IX (i W. a z0 dl J I *klk 0 U - r7— c r E� W'l U9a Woa 43 0 to h t a m CL U. IX (i W. a z0 dl J I *klk 0 U - r7— i AVENUE $ F949 parer:- W. CASE, INC. NNEYRE ST #7 BEACH CA 92651 6105 einc@ya hoo.corn 8 REO H/LL TRACT r•rf• FILE # 152365 3184-J AIRWAY AVE COSTA MESA CA 500' OWNERS OCTOBER 5 2015 �1I 427 193 03 NORTH co c mI' .-4 - .., --. I -.vfr 'I .4. 11 Ir r ,' i M-, { WW& �.ol i�� Cl-fY CLERK 16 FEB 16 Ptd T. 30 un OF CSS Cid MESA ATTACHMENT 3 pasta Mesa City of Costa Mesa ® Appeal of Commission Decision - $1,220.00 ❑ Appeal of Zoning Administrator/Staff Decision - $690.00 (FEES MUST BE PAID IN FULL AT TIME OF FILING APPEAL) APPLICATION FOR APPEAL OR REVIEW Applicant Name* Muneerah Merchant c/o Salim Rahemtulla Address: 3350 Ocean Park Blvd., Suite 210, Santa Monica, CA 90405 Phone: 949 456-5583 ReDresentino is i- ness i Western REQUEST FOR: © APPEAL REVIEW`* Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if known.) ZA-15-38, Review of Minor Conditional Use Permit at 3184 Airway Avenue, Suite J. The Planning Commission reversed the Zoning Administrator's decision and denied without prejudice. Decision by: Planning Commission Reasons for requesting appeal or review: *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 Commissions, Corerdrf6WMernbers, City Council, or City Council Members. For office use only — do not write below this line SCHEDULED FOR THE CITY COUNCIUCOMMISSION MEETING OF: I I. REV 9-1.15 r(!.I�LlVLLr CITY CL�-FK 16 FEB 16 PM 2* 30 His Highness Prince Agri Than Shia Imami Ismaili CITY M7 CSS [A MESA Council for the Western United States BY - February 16, 2016 VIA HAND DELIVERY Members of the City Council City of Costa Mesa ATTN: Brenda Green, City Clerk 77 Fair Drive Costa Mesa, CA 92626 Re: Zoning Application ZA-15-38 for a Religious and Cultural Center with a Deviation from Shared Parking Requirements at 3184 Airway Avenue, Suite J. Dear Honorable Council members: B His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States respectfully submits this appeal to the City Council of the Planning Commission's decision to reverse the Zoning Administrator's decision to approve the Minor Conditional Use Permit (MCUP) adjudicated on December 10, 2015, in a three to two vote. The Center approaches the City Council for relief in this matter and believes that the preponderance of the evidence presented to the Commission, including but not limited to the parking study commissioned by LSA Associates, Int.'s ("LSA") as well as other supporting documents demonstrates sufficient parking space to meet the current and future needs of the Center. BACKGROUND His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States is in the process of relocating its Orange County religious, cultural, and educational center (Center) from 17965 Sky Park Circle, Suites C and D, Irvine CA. The Center has been in operation since 1988. The Center is currently in the process of acquiring 3184 Airway Avenue, Suite J, in Costa Mesa CA, pending the issuance of,an MCUP. The property is located on the east side of Airway Avenue, north of McCormick Avenue. The site is zoned MP (Industrial Park) and has a General Plan land use designation of Industrial Park. Physical on-site improvements include 32 buildings with 493 parking spaces and three points of ingress/egress on Airway Avenue. The Center filed an MCUP on October 13, 2015 (Exhibit A). We requested an approval of an MCUP to allow the establishment of a religious education and cultural assembly center with a deviation front the shared parking requirements due to offset hours of 3330 Ocean. Park Blvd Suis 210, Sarva Monier, C-4 90405 Page 1 Teirph4,w NOL214.3024, Fax 310.214-50,74 E Maik Jcw(a suy:.oma — 0. operation. The Zoning Administration approved the Center's MCUP on December 10, 2015. (Exhibit B). The Planning Commission staff recommended upholding the Zoning Administrator's approval in their report. (Exhibit C). The Planning Commission in a three to two vote reversed the Zoning Administrator's approval. (Exhibit D). PARKING NEEDS The Center's application for the MCUP was submitted to deviate from shared parking requirements due to offset hours of operation. The Center's schedule is as follows: Monday through Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Sunday: 10:00 a.m. to 2:00 p.m. (10 times per yea"r). D:�vs Times Average Parking Spaces Monday - Sunda 7:00 p.m. to 9:30pm 20 Friday 7:00 p.m. to 9:30pm 50 Saturday and Sunda 10:00 a.m. to 2:00 p.m, 15 Monda - Sunda 4:00 a.m. to 6:00 a.m. 1 15 Note. Maximum parking on one special evening day of attendance per month will not exceed 80 cars. Further, this day changes each month. Of critical importance is the Zoning Administrator's citation of our Center's parking need of 150 spaces, when in actuality, our Center needs a maximum of 80 spaces, as noted on our original MCUP application. Furthermore, despite this oversight which substantially inflated our parking needs, the Zoning Administrator approved our MCUP application. DISCUSSION PARKING STUDY and OTHER SUPPORTING INFORMATION The Center contends that the parking study firmly supports approval of the MCUP application. The Center hired LSA to conduct a parking study (Exhibit E) to identify whether sufficient parking is available within the business park during the proposed hours of operation to accommodate the new parking demand. The study demonstrated sufficient parking for both the current and future needs of the Center. Furthermore, the parking study incorrectly assumed that the Center would require as many as 118 parking spaces on Sunday. Even though this number is significantly higher than the Center's actual need, the study concluded that parking is sufficient. The Center contends that the findings of the parking study strongly outweighed the testimony from 4 out of the 32 business owners operating within the industrial complex. Chairperson Robert Dickson, who voted in favor of granting the MCUP, stated in part that the Commission has relied on parking studies from LSA in the past in order to make decisions concerning parking issues. The Center further contends that statements and pictures that were made and provided by the business owners of the business park accounted for parking immediately adjacent to their property and did not take into account the business park's full 493 parking spaces. Page 2 - 13 Finally, documentation included demonstrates that the Berean Community Church (`Berean") can operate simultaneously with the Center and still leave a significant number of parking spaces available. See the Berean's MCUP filed in 2010 requiring 109 parking spots (Exhibit F). Moreover, Berean's objections now appear to be moot due to the likelihood of their imminent relocation. The property occupied by the church is currently listed for sale (Exhibit G) and the church obtained an MCUP from the City of Irvine on February 10, 2016, (Exhibit H) for its new location on Mitchell Dr. in Irvine. PROPOSED PAINING PLAN Should the City Council agree with the information provided by the Center confirming ample parking for the Center as well as current business 'owners located within the industrial park, the Center has prepared a parking plan. The parking plan is in place to ensure that the Center's members park in the appropriate spaces. The plan is as follows: • Members will be notified of the appropriate parking locations to ensure a smooth flow of traffic. • The Center's uniformed volunteer corps, already trained and active at the Center's current location, will assist anyone entering the industrial park and direct them to the appropriate parking space. • The Center, at its expense, is willing to make signs designating the appropriate spaces for its members. ■ The Center will continue to reach out to its neighbors and work with them to ensure that its members park in the appropriate spaces. CONCLUSION The Center contends that the property has sufficient parking to satisfy its use as well as the use of its neighbors. The Center requires a maximurp of 80 parking spaces once per month, which does not conflict with any other neighbor's use at any given time. The Center has devised a parking plan to ensure that its members park in the appropriate parking spaces. The Center hopes that the City Council will take the time to review all of the documentation submitted that supports the MCUP. The Center makes itself available to answer any questions or concerns. Sincerely, Muneerah Merchant President His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States Enclosure cc: Salim Rahemtulla City Council Members Planning Commission Members Page 3 APPENDIX Exhibit A: MCUP Letter submitted October 13, 2015 Exhibit B: Zoning Application approved, December 10, 2015 , Exhibit C: Planning Commission Agenda Report February 8, 2016 Exhibit D: Planning Commission Reversal Notice Exhibit E: LSA Parking Study Exhibit F: Berean Church MCUP Approved May 20, 2010 Exhibit G: Berean Church listed for sale updated February 13, 2016 Exhibit H: Berean Church MCUP granted February 10, 2016, 17911 Mitchell South, City of Irvine Page 4 CITY CLERK 16 FEB 16 Ptd 2. 31 �1iY Of CUS rA MESA 13Yr-'�Vll&-- EXHIBIT A —14— 5, �i ev I lis F{i hncss 1'rinci Oda I1"Imn .tibia imami Ismaili (:mmncil lin• 0w WCswrn L -ailed siales October 13, 2015 Ms. Willa Bouwens-Killeen, AICP Zoning Administrator, City of Costa Mesa 77 Fair Drive, Past Office Box 1200 ' Costa Mesa, California 92628-1200 Re: 3184-J Airway Avenue - Planning Application for Conditional Use Permit Dear Ms. Bouwens-Killeen: This letter accompanies the attached Planning Application for a Conditional Use Permit for the subject property. The His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States is in the process of relocating its Orange County religious assembly premises from 17965 Sky Park Circle, Suites C and D, Irvine, CA, a 3,200 square foot space in the Irvine Business Complex, to better address our space requirements. We have been at our current property for the purposes described in this letter since 1988. At this time, we are under a Standard Offer for Purchase of Real Estate at 3184-J Airway Avenue, a 6,000 square -foot industrial property, and this application is pursuant to a mutually agreed-upon offer with the seller. It is important to note that our proposed use, which includes religious, educational, and cultural assembly, is substantially compatible with uses permitted in the general area. Our proposed use would not be materially detrimental to other properties in the same area. Our assemblies take place outside of regular business hours and are not usual to other religious assemblies. We have approximately 140-210 members of all ages. All facilities will be constructed within the existing 6,000 square feet building area with no exterior alterations. Monday through Thursday evening attendance is approximately 50 people. Friday evening attendance is approximately 150 people. Once a month, we host an evening for special services with attendance at approximately 200 people. The number of parking spaces required respectively ranges from 15 to 20 spaces, 40-50 spaces, and 70-80 spaces. In reference to parking, there are 154 parking spaces in the direct vicinity of the ten 3184 Airway buildings. All of these parking spaces are within walking distance of the entrance of the 3184-J Airway Avenue building. Based on the number of parking spots available and the time of day that we will be using the property, we believe that our use will not adversely affect any of neighbors' uses. Page 2.. . Exhibit (A) i lit/ Owan 114d; Blvd .Swi, 'In- sq,,ler-Ilnnr;'n, [ -{ 9/Nldi 'Idelihow: 710-21-1-502.1. 15n: 7ML211-70TL 1A[fri1--If111(airulii-fop Letter to Costa Mesa CUP (Oct 13th 2015) ! Page 2 Hours of operation are as follows: 7:00 pm — 9:30 pm, Monday through Sunday Saturday educational classes are held from 10am to 2pm during the school year a Sundays, ten times per year services held from 10am to 2pm ® 4:00 am — 6:00 am, Monday through Sunday ■ Services for quiet contemplation and rgeditation. Approximately 10 to 15 people attend these meditation services. With the above described uses and lack of .impact to other occupants of buildings within the business park, we request approval for our proposed use particularly given that our use will be outside of the typical business hours of current occupants of the business park. Attached, please find additional information about the Ismaili Community and our religious assembly space, which is known as a Jamatkhana. If you have any questions, please contact Mr. Salim Rahemtulla at (949) 456-5583. Sincerely, Muneerah Merchant, President His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States Encl. 1 Exhibit (A) CITY CLERK 16 FEB 16 P412:31 I T Y Clf UL" EXHIBIT B a f City of Costa Mesa Inter Office Memorandum TO: CITY COUNCIL AND PLANNING COMMISSION CC: TOM HATCH, GARY ARMSTRONG, AND CLAIRE FLYNN FROM: WILLA BOUWENS-KILLEEN, ZONING ADMINISTRATOR DATE: DECEMBER 10, 2016 SUBJECT: ZONING ADMINISTRATOR DECISION(S) This is to advise you of the following decision(s) made by the Zoning Administrator within the last week. Project descriptions have been kept brief for this notice. Please feel free to contact me by e-mail at wills.bouwens-killeen@costai-nesaca.gov if you have any questions or would like further details. ZA-15-38 3184 AIRWAY AVENUE, SUITE J A minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. • Saturday 10:00 a.m. —2:00 p.m. • Sunday 10:00 a.m. -- 2:00 p.m. (10 times per year) Approved, subject to conditions of approval. Comments received: Three in opposition. Exhibit (B) COLGAN, JULIE From: mark Lim <emailmarklim@gmail.com> sent, Tuesday, December 08, 2015 8:37 AM To: PLANNING COMMISSION Subject Fwd: Ref: Public Notice of CUP Application ZA-15-38 Ref Public Notice of CUP Application ZA-IS-38 3 f84 Airway Ave. Bldg J. 'Costa Mesa, CA 92626 Applicant: Salim Rahemtulla. Dear Sir or Madam: We are writing to indicate that we- will have conflicting hours of operation with the proposed use by the religious education and cultural assembly in 3184 Airway Ave Bldg J. This building is in very close proximity and we foresee conflicting parking issues. There will be parking issues during the proposed hours of operation. Our church has evening services on Wednesday —Friday evenings from 7:00pm — 9:30pm. Weeknight services consist of roughly 100 members. We also have weekly Sunday services from 9:00am to 1pm. Sunday services can hold roughly 400 attenders. Through the year, we also have Saturday events as well. We would overlap in the majority of their proposed hours of operation. Furthermore, we do see that the OCC Company located in Building C has frequent evening events that take up a lot of parking. Best Regards, -21- Exhibit (B) Mark Lim f Associate Pastor Berean Community Church 3184 Airway Ave Bldg B Costa Mesa, CA 92626 949-231-8323 - z2- Exhibit (B) Lav ofy%es of Phz4 T K m, ,*PC A PRO'FESSMAL LAW CORPORATION December 8, 2015 Vin l{Easail 0111Y. Walk E111 cuiumi. yif) EE rr 4)% (;] 111 es a ra, ►n City of Costa Mesa, Planning Division City Hall 77 Fair Drive Costa Mesa, CA Re: 3.184 Ai,E•►va)L Avc., St))ty .I. C:uslit Mg.%a,.('a J�Su biceI_1'i.erniscy"1 Application No.: ZA-15-38 Applicant: Salim Rahemtulla To whom it may concern: I represent Berean Community Church ("Berean") regarding the above -referenced matter. Berean is located at 3184 Airway Ave, Suite A and B, Costa Mesa, CA, in the same business park as the applicant, The description of the notice states: "A minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use..." Additionally, the notice states that the project is categorically exempt under Section 15301 of the State CEQA Guidelines, which in turn states: "The operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." In commenting on this provision, the State of California opined, "The key consideration is whether the project involves negligible or no expansion of an existing use." Furthermore, the current use is not within the list of "existing facilities" enumerated under Section 15301. As I understand it, the Subject Premises is going from a standard office use of the facility to a religious use. My client believes that the Applicant will significantly and adversely impact the current parking situation with respect to my client and also the other tenants of the business park. The use contemplated does not fit the definition under Section 15301. At a minimum, a parking study should be conducted to analyze the impacts to neighboring businesses such as Berean. If there are significant impacts, which my client believes there will be, then we request that the hearing officer impose certain mitigation measures to minimize any impacts to my client. Thank you for your anticipated cooperation in matter. I can be reached at the number listed below. Sincerely, Philip Y. Kim 25 E. Tootl4L Bfvd, 4rcadw, CaCrfornta 91006 T'ef. 909-762-1616 j FaC 302-371-5787 _23_ Exhibit (B) Ci'o fi cWe s I ci anagemenl Corporalron Via Certifwd and First Class Mail November 30, 2015 Ms. Willa Bouwens-Killeen, AICP Zoning Administrator City of Costa Mesa 77 Fair Drive . Costa Mesa, CA 92628-1200 Y RE: MINOR CONDITIONAL USE PERMIT -APPLICATION ZA-15-38 3184J AIRWAY AVENUE KOLL IRVINE COMMUNITY ASSOCIATION COSTA MESA, CALIFORNIA Dear Ms. Bouwens-Killeen: The Koll Irvine Community Association Board of Directors has requested that I contact you regarding the application for Minor Conditional Use Permit #ZA-15-38 for 3184) Airway Avenue in the Koll Irvine Community Association in Costa Mesa. Based upon prior experience, the Board of Directors is very concerned for existing businesses within the business park related to the anticipated impact upon parking with this type of use. The Board is respectively requesting the Planning Commission to conduct a study of the possible impact on traffic and parking of the neighboring businesses in the Koll Irvine Community Association prior to approving any such use now or in the future. We appreciate your immediate attention to this matter. Should you have any questions, please feel free to contact me at 714-433-7300 Ext 213 or by Email at di}��Cwcstxc Sincerely, Pacific West Asb97 ti�ent Corporation G David Hasan Property Manager Enclosures llalllap Address N P.O. lot 19068 0 1"ile, Calibrak 92623-9068 Exhibit (B) 3101.0 Airport loop H Chia Iesa , calironta 92626-3414 4p 714.433.7300 P 714.433.?338 —24r NOTICE OF A ZONING ADMINISTRATOR DECISION DATE The Costa Mesa Zoning Administrator will make a decision regarding the following application: DECISION DATE: December 10, 2015 City Pali Address: City Hall 0&j 77 Fair Drive rari�ire J Costa Mesa, CA Application No. ZA-15-38 Applicant: Salim Rahemtulla Site Address: 3184 Airway, Suite .i Zone: MP Contact: Planning Division Environmental Exempt —Section 15301 (714) 754-5245 Determination: Existing Facilities Website: www.costamesaca.gov Email: PlanningCommission0costamesaca.gov Destcrilption: A minor condJtidnal use permit for a devicition from shared parking fequirements due to off-sei hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. —6:00 a.m. and 7:00 p.m. —9:30 p.m. • Saturday 10:00 a.m. — 2:00 p.m. • Sunday 10:00 a.m. — 2:00 p.m. (10 times per year) Environmental Determination: The project is categorically exempt under Section 15301 of the State CEQA (Califom)a Environmental Quality Act) Guidelines — Class i (Existing Facilities). Public Comments: There will he no public hearing on this request. Oral or written comments must be received by the Planning Division prior to the decision date (see above). The decision letter (and any related conceptual plans, as applicable) can be downloaded from the City's website fallowing the decision date at: hitGrllwww.coslames.-ica:gciv/ilzclex.r«s)x'?page=94U If you challenge this action in court, you may be limited to raising only those issues you, or someone else raised, prior to the decision date Exhibit (B) fe 2-5 rd Yt+ G)IIr!cd Ir Ili(' �.1.•c•.li !'i� .�rS`I('r '�{;��: •ti October 13, 2015 Ms. Willa Bouwens-Killeen, A1CP Zoning Administrator, City of Costa Mesa 77 Fair Drive, Post Office Box 1200 Costa Mesa, California 92628-1200 Re: 3184-J Airway Avenue - Planning Application for Conditional Use Permit Dear Ms. Bouwens-Killeen: This letter accompanies the attached Planning Application for a Conditional Use Permit for the subject property. The His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States is in the process of relocating its Orange County religious assembly premises from 17965 Sky Park Circle, Suites C and D, Irvine, CA, a 3,200 square foot space in the Irvine Business Cbmplex, to better address our space requirements. We have been at our current property for the purposes described in this letter since 1988, At this time, we are under a Standard Offer for Purchase of Real Estate at 3184-J Airway Avenue, a 6,000 square -foot industrial property, and this application is pursuant to a mutually agreed-upon offer with the seller. It is important to note that our proposed use, which Includes religious, educational, and cultural assembly, is substantially compatible with uses permitted in the general area. Our proposed use would not be materially detrimental to other properties in the same area. Our assemblies take place outside of regular business hours and are not usual to other religious assemblies. We have approximately 140-210 members of all ages. All facilities will be constructed within the existing 6,000 square feet building area with no exterior alterations. Monday through Thursday evening attendance is approximatefy 50 people. Friday evening attendance is approximately 150 people. Once a month, we host an evening for spacial services with attendance at approximately 200 people. The number of parking spaces required respectively ranges from 15 to 20 spaces, 40-50 spaces, and 70-80 spaces. In reference to parking, there are 154 parking spaces in the direct vicinity of the ten 3184 Airway buildings. All of these parking spaces are within walking distance of the entrance of the 3184-J Airway Avenue building. Based on the number of parking spots available and the time of day that we will be using the property, we believe that our use will not adversely affect any of neighbors' uses. Page 2- -W? r .,.;;r Pall: .ail,%t7nr;rr. il�r-°i!-'�/'.. r .. ifri_r: - ., !, rl:inti: [,rJ•;+.'ie. qtE2[111U)lt (D) o Letter to Costa Mesa CUP (Oct 136 2015) Page 2 Hours of operation are as follows: 7:00 pm — 9:30 pm, Monday through Sunday Saturday educational classes are held from 10am to 2pm during the school year • Sundays, ten times per year services held from 10am to 2 p • 4:00 am — 6:00 am, Monday through Sunday • Services for quiet contemplation and meditation. Approximately 10 to 15 people attend these meditation services. With the above described uses and lack of impact to other occupants of buildings within the business park, we request approval for our proposed use particularly given that our use will be outside of the typical business hours of current occupants of the business park. Attached, please find additional information about the Ismaili Community and our religious assembly space, which is known as a Jamatkhana. If you have any questions, please contact Mr. Salim Rahemtulla at (949) 456-55133. Sincerely, Muneerah Merchant, President His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States Encl. 1 _2ri - Exhibit (B) December 10, 2015 CITY OF COSTA MESA P.O. BOX 1200 - 77 FAIR DRIVE - CALIFORNIA 92620-1200 DEVELOPMENT SERVICES DEPARTME143 Salim Rahemtulla 82 Meadowbrook Aliso Viejo, CA 92656 RE: ZONING APPLICATION ZA-15-38 MINOR CONDITIONAL USE PERMIT FOR A RELIGIOUS AND CULTURAL CENTER WITH A DEVIATION FROM SHARED PARKING REQUIREMENTS 3184 AIRWAY AVENUE, SUITE J. COSTA MESA Dear Mr. Rahemtulla: City staffs review of your zoning application for the above -referenced project has been completed. The application, as described in the attached project description, has been approved, based on the findings and subject to the conditions of approval and code requirements (attached). The decision will become final at 5:00 p.m. on December 17, 2015, unless appealed by an affected party, including filing of the necessary application and payment of the appropriate fee, or called up for review by a member of the Planning Commission or City Council. If you have any questions regarding this letter, please feel free to contact the project planner, Chelsea Crager, at (714) 754-5609, or at chelsea.crager @_costamesaca.g . Sincerely, ReekC WILLA BOUWENS-KILLEEN, AI Zoning Administrator Attachments: Project Description and Analysis Findings Conditions of Approval, Code Requirements, and Special District Requirements Business Description Approved Conceptual Plans cc: Engineering Randy Shafer Fire Protection Analyst 1874 Samar Drive Building Safety Division Costa Mesa, CA 92626 Exhibit (B) 50ding aMWan (714) 754-6273 • Code Emb wwfl 1714) 7545633 - PfWnkV "v4W (714) 754-5245 FAX (714) 754.1866 - TDD (tU4 754-5244 . www.oedxnessc, 9" -:28-- ZA-15-38 Deoember 10, 2015 Page 2 of 6 PROJECT DESCRIPTION The property is located on the east side of Airway Avenue, north of McCormick Avenue. The site is zoned MP (Industrial Park) and has a General Plan land use designation of Industrial Park. Physical on-site improvements include 32 buildings with 435 parking spaces and three points of ingress/egress on Airway Avenue. The use will occupy a 6,000 square foot space, located in one of the existing buildings. The proposed floor plan consists of an ante room and prayer hall, seven offices, storage, a lunch room, and two restrooms. The applicant requests approval of a minor conditional use permit (MCUP) to allow the establishment of a religious education and cultural assembly center with a deviation from the shared parking requirements due to offset hours of operation. Previous Entitlement In 2010, Minor Conditional Use Permit ZA 10-22 was approved for a church with offset hours of operation at 3184 Airway Avenue, Suite A. The church is conditioned to operate as follows: Sunday: 9:00 a.m. to 1:00 p.m. (every week) and 7:00 p.m. to 10:00 p.m. (4 times per year) Friday: 7:00 p.m. to 9:00 p.m. Saturday: 9:00 a.m. to 11:00 a.m. (one time per month) In their justification letter dated April 1, 2010, the applicant stated they would need a maximum of 109 parking spaces. ANALYSIS Noise Noise impacts are not anticipated to surrounding uses due to the quiet nature of a religious education and cultural assembly center and a condition of approval that all activities will occur indoors. Parking and Circulation The parking ratio for a cultural assembly center with no fixed seating is 1 space for every 35 square feet of seating area within the main assembly area; consequently, 55 parking spaces would be required for the proposed space 1,914 square feet assembly area. The applicant is requesting approval of a minor conditional use permit to deviate from shared parking requirements due to offset hours of operation. The following schedule is proposed: Exhibit (B) ZA-15-38 December 10, 2015 Page 3 of 6 Monday through Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year) The project is conditioned to operate at these times only, which should not interfere with normal business hours of 8:00 a.m. to 5:00 p.m. when parking demand will be at its peak. However, there is concern that parking demands of the proposed religious/cultural center could conflict with the parking approved under ZA-10-22 for the church at 3184 Airway Suite A. In their justification letter dated October 13, 2015 the applicant stated that they would require a maximum of 150 parking spaces. In the worst case scenario, the church operates every Sunday (with a parking demand of 109 spaces) while the proposed religious/cultural center proposes to operate during the same hours (with the 150 space parking demand) — resulting in an overall parking demand of 259 spaces. However, the religious/cultural center Sunday meetings would occur only 10 times per year. Additionally, the overall development (3184 through 3188 Airway Avenue) contains approximately 435 parking spaces and there are no other parking deviations approved for this development; consequently adequate parking exists to serve both uses at the same time. Should parking shortages or other parking -related problems and/or conflicts develop, the center operator will be required to institute appropriate operational measures necessary to minimize or eliminate the problem including, but not limited to, modifying operating hours. General Plan Consistency The Industrial Park General Plan land use designation is intended to apply to large districts that contain a variety of industrial and compatible office and support commercial uses. The offset hours of operation and quiet nature of the proposed use will not generate noise or parking impacts, allowing the use to be compatible with surrounding uses. The proposed use, as conditioned, is consistent with the Zoning Code and the City's General Plan because, with the included conditions of approval and due to the nature of the use, the religious education and cultural center should not adversely impact the surrounding uses. FINDINGS A. The information presented complies with Costa Mesa Municipal Code Section 13- 29(g)(2) in that: 1. The proposed use is compatible and harmonious with developments in the same Exhibit (B) --30.__ ZA-15-38 December 10, 2015 Page 4 of 6 general area and would not be materially detrimental to other properties within the area. The proposed use will have offset hours of operation that will minimize any parking impacts on surrounding uses. The use is quiet in nature and will not have any noise impacts on surrounding uses. 2. Granting the minor conditional use permit will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. All activities will take place underroof. The center will be in operation only during the early morning, evening, and weekends, when most other businesses in the center are closed. 3. Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordance with the General Plan designation and any applicable specific plan for the property. The proposed use does not substantially increase the density or intensity at the property since no building area will be added; the use will operate outside normal business hours; and is quiet in nature. B. The information presented complies with Costa Mesa Municipal Code Section 13- 29(e) in that: 1. There will be a compatible and harmonious relationship between the proposed building and the site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. Parking impacts will be avoided by conditioning the religious education and cultural center to operate during the early morning, evening, and weekends only. 2. Safety and compatibility of the design of buildings, parking area, landscaping, luminaries, and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation have been considered. The proposed hours of operation are during the early morning, evening, and weekends only and adequate parking exists for both this use as well as the existing church at 3184 Airway Avenue, Suite A; therefore no traffic or parking impacts are anticipated. 3. The project complies with performance standards described elsewhere in this Zoning Code, and is conditioned to operate as described in this staff report. 4. The use is consistent with the General Plan in that a religious and cultural education center is considered a compatible use in the Industrial Park land use designation. 5. This zoning application is for a project -specific case and is not to be construed to be setting a precedent for future development. C. The project has been reviewed for compliance with the California Environmental Exhibit (B) _ 31-- ZA-15-38 Deoember 10, 2015 Page 5 of 8 Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt under Section 15301, Existing Facilities, of the CEQA Guidelines. D. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation described in this staff report: a religious education and cultural assembly center with the following hours of operation: Monday -Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year) Any change in the operational characteristics including, but not limited to, type of service provided or hours of operation will require approval of an amendment to the minor conditional use permit, subject to Zoning Administrator approval. 2. All uses shall be conducted within the tenant space (underroof). 3. If parking shortages or other parking -related problems arise, the center operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, modifying the hours of operation. 4. The applicant shall contact the Planning Division to arrange a Planning inspection of the site. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 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. I. Approval of the zoning application is valid for one year 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) obtains building permits for the authorized construction and initiates construction; and/or 2) obtains a business license and/or legally establishes the business. If the applicant is unable to establish the uselobtain building permits within the one-year time period, the applicant may request an extension of time. The Planning Division must receive a written request for the time extension prior to the expiration of the zoning application. 2. Permits shall be obtained for all signs according to the provisions of the Exhibit (B) -3z-� ZA 15-38 December 10, 2015 Page 6 of 6 SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary Exhibit (B) _ 33� Costa Mesa Sign Ordinance. Bldg. 3. Comply with the requirements of the following adopted codes: 2013 Califomia Building Code, 2013 Califomia Electrical code, 2013 Califomia Mechanical code, 2013 Califomia Plumbing code and 2013 Califomia Energy Code (or the applicable adopted, Califomia Building code California Electrical code, Califomia Mechanical code Califomia Plumbing Code and Califomia 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 2013 California Building Code. 4. Requirements for accessibility to sites, facilities, buildings, and elements by individuals with disability shall comply with chapter 11 B of the 2013 California Building Code. 1. Accessibility shall be to and through the front door and to the commercial space from the public sidewalk. 2. Accessible restrooms/bathrooms in the commercial space. 3. Accessible parking. 4. Accessible entry door, ramps, landings, sidewalks, hallways, strike edge clearances, and elevation changes. 5. Additional access requirements may be required as per 2013 California Building Code. Bus. 5. All contractors and subcontractors must have valid business licenses to do Lic. 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. 6. If required, a business license shall be obtained prior to the initiation the business. Trans. 7. The applicant shall submit a $2,172 Traffic Impact Fee to the Transportation Division prior to the effective date of the Minor Conditional Use Permit. The traffic impact fee is based upon the average daily trip generation rate of 9.11 net trip ends for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the Minor Conditional Use Permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary Exhibit (B) _ 33� 2A-15-38 December 10, 2015 Page 7 of 6 District at (949) 645-8400 for current district requirements. CDFA 2. Comply with the requirements of the California Food and Agriculture (CDFA) to determine if red imported fin; ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. AQMD 3. Applicant shall contact the Air Quality Management District (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. Exhibit (B) A t L October 13, 2015 Ms. Willa Bouwens-Killeen, AICP Zoning Administrator, City of Costa Mesa 77 Fair Drive, Post Office, Box 1200 Costa Mesa, California 92628-1200 Re: 3184-J Airway Avenue - Planning Application for Conditional Use Permit Dear Ms. Bouwens-Killeen: This letter accompanies the attached Planning Application for a Conditional Use Permit for the subject property. The His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States is in the process of relocating its Orange County religious assembly premises from 17965 Sky Park Circle, Suites C and D, Irvine, CA, a 3,200 square foot space in the Irvine Business Complex, to better address our space requirements. We have been at our current property for the purposes described in this letter since 1988. At this time, we are under a Standard Offer for Purchase of Real Estate at 3184-J Airway Avenue, a 6,000 square -foot industrial property, and this application is pursuant to a mutually agreed-upon offer with the seller. It is important to note that our proposed use, which includes religious, educational, and cultural assembly, is substantially compatible with uses permitted in the general area. Our proposed use would not be materially detrimental to other properties in the same area. Our assemblies take place outside of regular business hours and are not usual to other religious assemblies. We have approximately 140-210 members of all ages. All facilities will be constructed within the existing 6,000 square feet building area with no exterior alterations. Monday through Thursday evening attendance is approximately 50 people. Friday evening attendance is approximately 150 people. Once a month, we host an evening for special services with attendance at approximately 240 people. The number of parking spaces required respectively ranges from 15 to 20 spaces, 40-50 spaces, and 70-80 spaces. In reference to parking, there are 154 parking spaces in the direct vicinity of the ten 3184 Airway buildings. All of these parking spaces are within walking distance of the entrance of the 3184-J Airway Avenue building. Based on the number of parking spots available and the time of day that we will be using the property, we believe that our use will not adversely affect any of neighbors' uses. Page 2.. Exhibit (B) _r wJ.-y'•:ur 3;' -_ ' 1- 5!7? t. /:., r!r'—.11 ; e t 1, r' 7 r v.• .8' - 36' Letter to Costa Mesa CUP (Oct 930 2095) Page 2 Hours of operation are as follows: • 7:00 pm — 9:30 pm, Monday through Sunday • Saturday educational classes are held from 10am to 2pm during the school year Sundays, ten times per year services held from 10am to 2pm • 4:00 am — 6:00 am, Monday through Sunday • Services for quiet contemplation and meditation. Approximately 10 to 15 people attend these meditation services. With the above described uses and lack of impact to other occupants of buildings within the business park, lve request approval for our proposed use particularly given that our use will be outside of the typical business hours of current occupants of the business park. Attached, please find additional information about the Ismaili Community and our religious assembly space, which is known as a Jamatkhana. If you have any questions, please contact Mr. Salim Rahemtulla at (949) 456-5583. Sincerely, Muneerah Merchant, President His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States Encl. 1 3� -- Exhibit (B) i 0 H /� • fCL6 YBL6 1CLCIflultillulliTlull 03ddVO1ONVH 4 + SlIVIS ONIHZIVd 09 tiie I 1CLC �+ VOL �I YCL6 SllV1S ONINVVd 6Z i H o 4CLt CYLC M p CC LS CBLC este 03ddV310NVH 9 + w a 811VIS ONDWVd 6% asLe Z " 11 � 8 W J M tq !9 OYIF PCLC m Y LW LpL$ SllV1S ONIHtIVd EZ este llC3NVH,k + CR 3 a wLs , CD ° � s BBl6 Bil6 YCLF Y .. a F. as CRL6 O oQ J M M ch v m Of Oi -3S - 7 N 1 4 !1i J Z W V WW f11 T VZ SI Q i U fL u Q�5 CL a C)? � O F— SllV1S ONINVVd 6Z i H o 4CLt CYLC M p CC LS CBLC este 03ddV310NVH 9 + w a 811VIS ONDWVd 6% asLe Z " 11 � 8 W J M tq !9 OYIF PCLC m Y LW LpL$ SllV1S ONIHtIVd EZ este llC3NVH,k + CR 3 a wLs , CD ° � s BBl6 Bil6 YCLF Y .. a F. as CRL6 O oQ J M M ch v m Of Oi -3S - 7 N 1 4 !1i D V CITY CLERK 16 FEB 16 PH 2. 31 IT ''-rrl MESA i ly LA Y. -W EXHIBIT C PLANNING COMMISSION AGENDA REPORT MEETING DATE: FEBRUARY 8, 2016 ITEM NUMBER: n"_ I SUBJECT: REVIEW OF THE ZONING ADMINISTRATOR'S APPROVAL OF ZONING APPLICATION ZA-15-38 FOR A RELIGIOUS AND CULTURAL CENTER WITH A DEVIATION FROM SHARED PARKING REQUIREMENTS AT 3184 AIRWAY AVENUE, SUITE J DATE: JANUARY 28, 2016 FROM: PLANNING DMSIONIDEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mei.lee@costamesaca.gov DESCRIPTION Zoning Application ZA-15-38, which was approved by the Zoning Administrator on December 10, 2015, is a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. • Saturday 10:00 a.m. —2:00 p.m. Sunday 10:00 a.m. — 2:00 p.m. (10 times per year). A total of 55 parking spaces are required for the 1,914 square foot assembly area. The proposal involves off -set operational hours in order to utilize the parking area when the other businesses are closed. The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. AUTHORIZED AGENT The authorized agent is Salim Rahemtulla, representing Randy Shafer, the property owner. RECOMMENDATION Staff recommends that the Planning Commission uphold the Zoning Administrator's approval of ZA-15-38 by adoption of Planning Commission resolution, subject to conditions. Exhibit (C) BACKGROUND Project SitwEnvirons The property is located on the east side of Airway Avenue, north of McCormick Avenue. The site is zoned MP (Industrial Park) and has a General Plan land use designation of Industrial Park. Physical on-site improvements include 32 buildings with 493 parking spaces and three points of ingress/egress on Airway Avenue. Project Description The applicant requests approval of a minor conditional use permit (MCUP) to allow the establishment of a religious education and cultural assembly center with a deviation from the shared parking requirements due to offset hours of operation. Previous Entitlement In 2010, Minor Conditional Use Permit ZA-10-22 was approved for a church with offset hours of operation at 3184 Airway Avenue, Suite A (Berean Community Church). The church is conditioned to operate as follows: Sunday: 9:00 a.m. to 1:00 p.m. (every week) and 7:00 p.m. to 10:00 p.m. (4 times per year). Friday: 7:00 p.m. to 9:00 p.m. Saturday: 9:00 a.m. to 11:00 a.m. (one time per month). In their justification letter dated April 1, 2010, the applicant stated they would need a maximum of 109 parking spaces. r_161_1 Wk: T 1�1� Justifications for Approval The Zoning Administrator approved the request based on the following: ■ !Noise iniyacts are not anticipated y the rise. Noise impacts are not anticipated to surrounding uses due to the quiet nature of a religious education and cultural assembly center and a condition of approval that all activities will occur indoors. + Parkinr�and circulation will not interfere with surrounding properties. The parking ratio for a cultural assembly center with no fixed seating is 1 space for every 35 square feet of seating area within the main assembly area; consequently, 55 parking spaces would be required for the proposed space 1,914 square feet assembly area. The applicant is requesting approval of a minor conditional use permit to deviate from shared parking requirements due to offset hours of operation. The following schedule is proposed: Monday through Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Exhibit (C) Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year). The project is conditioned to operate at these times only, which should not interfere with normal business hours of 8.00 a.m. to 5:00 p.m. when parking demand will be at its peak. However, there is concern that parking demands of the proposed religious/cultural center could conflict with the parking approved under ZA-10-22 for Berean Community Church at 3184 Airway, Suite A. In their justification letter dated October 13, 2015 the applicant stated that they would require a maximum of 150 parking spaces. In the worst case scenario, the existing church operates every Sunday (with a parking demand of 109 spaces) while the proposed religious/cultural center proposes to operate during the same hours (with the 150 space parking demand) -- resulting in an overall parking demand of 259 spaces. However, the religious/cultural center Sunday meetings would occur only 10 times per year. Additionally, the overall development (3184 through 3188 Airway Avenue) contains approximately 493 parking spaces and there are no other parking deviations approved for this development; consequently adequate parking exists to serve both uses at the same time. Should parking shortages or other parking -related problems and/or conflicts develop, the center operator will be required to institute appropriate operational measures necessary to minimize or eliminate the problem including, but not limited to, modifying operating hours. On January 21, 2016, the applicant submitted a parking study prepared by LSA supporting the above assumption that sufficient parking exists to meet the parking demand for the uses (Attachment 9). ENVIRONMENTAL_ DETERMINATION If the Zoning Administrator's approval of the request is upheld, it would be categorically exempt from the provisions of the California Environmental Quality Act under Section 15301 (Class 1) for Existing Facilities. PUBLIC NOTICE Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing: 1. Mailed notice. A public notice was mailed to all property owners within a 500 - foot radius of the project site. The required notice radius is measured from the external boundaries of the affected properties (see attached Notification Radius Map). 2. On-site posting. A public notice was posted on each street frontage of the project site. 3. Newspaper publication_ A public notice was published once in the Daily Pilot newspaper. Exhibit (C) Additionally, notice was provided to all individuals who provided written correspondence in conjunction with the previous amendment under ZA-14-43 (Attachment S)_ LEGAL REVIEW The City Attomey has reviewed the draft resolutions and they have been approved as to form by the City Attorney's Office. ALTERNATIVES The Planning Commission has the following alternatives: Uphold the Zoning Administrator's approval of the project, subject to conditions. The Planning Commission may suggest specific conditions to include in an approval of the project. If any of the additional requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. In the event of significant modifications to the proposal, should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions. Reverse the Zoning Administrator's decision and deny the ,oraLect. If the Planning Commission believes that there are insufficient facts to support the findings for approval, Planning Commission must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial. If the project were denied, the applicant could not submit substantially the same type of application for six months. CONCLUSION The Zoning Administrator approved the request based on the determination that the proposed use, as conditioned, is compatible with the surrounding residential properties and is, therefore, consistent with the City's Zoning Code and General Plan. MEL LEE, AICP WILLA BOUWENS-KILLEEN, AICP Senior Planner Zoning Administrator Attachments: 1. Location Map, Zoning Map, and Radius Map 2. Site Photos 3. Applicant's Project Description 4. Draft Resolutions 5. Correspondence from Public 6. Plans 7. Zoning Administrator Approval Letter for ZA-15-38 8. Review Request 9. Parking Study Exhibit (C) -43- Distribution: Director of Economic & Development Services/Deputy CED Senior Deputy City Attorney Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst File (2) Salim Rahemtulla 82 Meadowbrook Aliso Viejo, CA 92656 Randy Shafer 1874 Samar Drive Costa Mesa, CA 92626 Exhibit (C) CL V) X co 4i a N co N N m U a N ip cc 0 N O N m U dl W 2 (.j U O O T., .1 Z qq4% TTACH MENT I W -A —"15, TTACH q5— W C VI a,lp 411 aN aN �C, fAmE@@C 2 UJt7 M CL Cl o �7 0 15 C ` J t yWX s �L O 4a OIL� ci .� 1 2 d �f ax —"15, TTACH q5— W C A LU A d a O d a Ell C ■ GL LL e„ aJr� _A(0-.., Exhibit (C) or MACr ' •• is 1. R it —rrw— 8,0 EE' r 9AAl 4 • f Y� AVENE �� ip• �� 211"+�� AIRWAY b Avg •�,RA,ccr , .O 190 71 i LO7' 134 � .r1 UB. Q � :' •' l• 4 IG� I PGY! 4or /35 D �pclf0�i li'H'T i )4 i i -- !i I I L, t Map Preparers• FILE 0152365 SUSAN W. CASE, INC. 3394-1 AIRWAY AVE 917 GLENNEYRE ST 67 COSTA MESA CA LAGUNA BEACH CA 92651 �' OWNERS 5 2 I OCTOBER S 2015 I 949 494 6105 427193 03 susancaseinc@vahoo.com NORTH Exhibit (C) -11 I's 17 'I - A J: I mmw:.. — azz. ATTACHMENT 3 r u 4 €.ttt;> t'rsnc:: �s�,t [`lta:.� Siti t ltttalni ?,rt,ai?i ('-ounci? ixrt the 6V; rern. l'mwd St,ttr.� October 13, 2015 Ms. Willa Bouwens-Killeen, AICP Zoning Administrator, City of Costa Mesa 77 Fair Drive, Post Office Box 1200 Costa Mesa, California 92628-1200 Re: 3184-J Airway Avenue - Planning Application for Conditional Use Permit Dear Ms. Bouwens-Killeen: This letter accompanies the attached Planning Application for a Conditional Use Permit for the subject property. The His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States is in the process of relocating its Orange County religious assembly premises from 17965 Sky Park Circle, Suites C and D, Irvine, CA, a 3,200 square foot space in the Irvine Business Complex, to better address our space requirements. We have been at our current property for the purposes described in this letter since 1988. At this time, we are under a Standard Offer for Purchase of Real Estate at 3184-J Airway Avenue, a 6,000 square -foot industrial property, and this application is pursuant to a mutually agreed-upon offer with the seller. It is important to note that our proposed use, which includes religious, educational, and cultural assembly, is substantially compatible with uses permitted in the general area. Our proposed use would not be materially detrimental to other properties in the same area. Our assemblies take place outside of regular business hours and are not usual to other religious assemblies. We have approximately 140-210 members of all ages. All facilities will be constructed within the existing 6,000 square feet building area with no exterior alterations. Monday through Thursday evening attendance is approximately 50 people. Friday evening attendance is approximately 150 people. Once a month, we host an evening for special services with attendance at approximately 200 people. The number of parking spaces required respectively ranges from 15 to 20 spaces, 40-50 spaces, and 70-80 spaces. In reference to parking, there are 154 parking spaces in the direct vicinity of the ten 3184 Airway buildings. All of these parking spaces are within walking distance of the entrance of the 3184-J Airway Avenue building. Based on the number of parking spots available and the time of day that we will be using the property, we believe that our use will not adversely affect any of neighbors' uses. Page 2_ Exhibit (C) i i X11 !'h"r'lllr P/rlfr /i!T'r/ 1NNr 'Jrl, ,jrA47a .�L::!?�re. C.6 111-{!1> TvlvfyMeorr.• +(rl.217 ?U2•f, Vo.; ill i.�r(.+r,.; I .ilrlr; !l.rr(rrrvsr:jr.rr? Letter to Costa Mesa CUP (Oct 13th 2015) Page 2 Hours of operation are as follows: 7:00 pm — 9:30 pm, Monday through Sunday Saturday educational classes are held from 10am to 2pm during the school year Sundays, ten times per year services held from 10am to 2pm 4:00 am — 6:00 am, Monday through Sunday Services for quiet contemplation and meditation. Approximately 10 to 15 people attend these meditation services. With the above described uses and lack of impact to other occupants of buildings within the business park, we request approval for our proposed use particularly given that our use will be outside of the typical business hours of current occupants of the business park. Attached, please find additional information about the Ismaili Community and our religious assembly space, which is known as a Jamatkhana. If you have any questions, please contact Mr. Salim Rahemtulla at (949) 456-5583. Sincerely, Muneerah Merchant, President His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States Encl. 1 Exhibit (C) THE ISMAILI COMMUNITY Ismailis In the United States The Ismailis are a community of ethnically and culturally diverse peoples living in over 25 countries around the world. Ismailis are part of the social, educational and economic fabric of cities across the U.S., where through both individual as well as community -sponsored efforts, Ismailis have made wide-ranging contributions to the civic life of the communities in which they reside. The Ismaili community organizes an array of programs in fields such as education, healthcare, economic development, culture, youth development, and sports, in an effort to secure continuing improvements in the quality of life of members of the Community and to assist its members to make an effective contribution to society. Recent initiatives have included the development of Innovative programs to strengthen parental involvement in early childhood education, nutrition and cardiovascular fitness programs, participation in trade fairs, and leadership training for volunteers. Ismailis In the Western United States The Ismaili community in the Western United States is small but well settled. Our members reside in major metro -centers throughout California Including the San Francisco Bay Area, Greater Los Angeles, and San Diego as well as in major cities across the West Coast such as Phoenix, Las Vegas, and Seattle. Ismailis in the Western U.S. work in high tech at companies such as Facebook, Microsoft, Amazon, and Linked In, and have founded Silicon Valley startups. Ismaili professionals are also attorneys, educators, non-profit and foundation executives, and physicians, while Ismaili entrepreneurs own businesses in a variety of industries including hospitality, franchised restaurants, and real estate. Ismaili students currently attend the University of California, Berkley, Stanford University, UCSF, UCLA, USC, the University of Washington, and UNLV, among others. Volunteering and community service are a key Ismaili ethic and is actively encouraged. Ismailis living in the Western U.S, are regular participants in the Best Buddies bike challenge, the Santa Monica Homeless Count, and the L.A. Works Martin Luther King Junior Day of Service, among others. The Ismaili Community also organizes annual walks and golf tournaments for charity in Los Angeles, the San Francisco Bay Area, and Seattle. Ismailis are also active in interfaith activities having partnered with organizations such as NewGround and University Synagogue's Big Sunday. Websites: www.tlie isrnail__ i -ark; wimw.ikdn.ori Exhibit (C) Pictures above: left: Ismelll volunteers at the Best Buddies Hearst Castle Challenge between Carmel and San Simeon, California; right: Ismaili volunteers with Los Angeles Mayor, Eric Garcetti. The Jamatkhana The Ismaili Jamatkhana Is a house of worship and congregation for Ismallis, and a gathering place for educational and cultural activities. It is a place for contemplation, peace, and congregation. The Governors of Texas and Illinois presided over the opening of purpose built Jamatkhanas in Sugarland, Texas (Houston suburb) and Glenview, Illinois (Chicago suburb) respectively. Jamatkhana Pictures: Left: Houston, Texas, Center: Plano, Texas, Right: Lobby of the Jamatkhana In Glenview, Illinois; Below: Classroom in Glenview Jamatkhana a "='1.rf( ham.. ■ i ti Websites: www.theismaiii.org I www.akdn.o_rx '-3_ Exhibit (C) His Highness the Aga Khan His Highness Prince Karim Aga Khan is the 49th hereditary Imam (spiritual leader) of the Ismaili Muslims and a direct descendant of the Prophet Muhammad, The Aga Khan has explained that as the spiritual leader of the Ismaili community, he has a responsibility to help improve the quality of life not only of his followers but also of the societies among whom they live. In keeping with this mandate, the Aga Khan is the founder and Chairman of the Aga Khan Development Network (www.akdn.org), which has active partnerships with the World Bank, the United States Agency for International Development, and many international governments and non-governmental aid agencies. His Highness the Aga Khan has met with almost every single United States President since John F. Kennedy and more recently signed Agreements of Cooperation between the Ismaili Imamat and the State of Texas, State of California, and the State of Illinois. The agreements establish a basis for long term collaborative programs between the states and the institutions in the fields of education, health sciences, natural disaster preparedness and recovery, culture and environment. The Aga Khan graduated from Harvard University in 1959 and has received numerous honorary degrees, decorations, and awards in recognition of the various dimensions of his work. The Aga Khan has been convocation speaker at Brown University and was awarded the University of California San Francisco (UCSF) Medal. Pictures above: Left: His Highness the Aga Khan receiving David Rockfeller Bridging world award. Center: His Highness the Aga Khan receiving Andrew Carnegie Medal for Philanthropy. Right: His Highness the Aga Khan at the White House Conference on Culture and Diplomacy. Websites: www.theisrnaili,ora j www.akdn.org 5'�- Exhibit (C) The Aga Khan Development Network (AKDN) The AKDN Is an International network of nine development agencies with mandates that include the environment, health, education, architecture, culture, microfinance, rural development, disaster reduction, promotion of private -sector enterprise and revitalization of historic cities. The Network encompasses more than 300 schools, two universities, two foundations, hundreds of medical clinics and hospitals, hotels, banks, insurance companies, and airlines in over 25 countries around the world. Based upon the underlying principles of empowerment, partnership, and capacity building, the AKDN is dedicated to improving the living conditions and opportunities for some of the poorest in the world without regard to faith, origin or gender. Websites: vuww.theismaili.ori; I !&W akdij.c Websites: www.theismaiil.org I wwv..akdn.ors, -5.5 - Exhibit (C) ATTACHMENT 4 RESOLUTION NO. PC -16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA UPHOLDING THE ZONING ADMINISTRATOR'S DECISION AND APPROVING ZONING APPLICATION ZA-15-38 FOR A MINOR CONDITIONAL USE PERMIT FOR A DEVIATION FROM SHARED PARKING REQUIREMENTS DUE TO OFF -SET HOURS OF OPERATION FOR A RELIGIOUS EDUCATION AND CULTURAL ASSEMBLY USE AT 3184 AIRWAY AVENUE, SUITE J . THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed Salim Rahemtulla, authorized agent for Randy Shafer, the property owner, requesting approval of the following: Zoning Application ZA-15-38, which was approved by the Zoning Administrator on December 10, 2015, is a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. • Saturday 10:00 a.m. — 2:00 p.m. • Sunday 10:00 a.m. — 2:00 P.M. (10 times per year). The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. WHEREAS, a duly noticed public hearing held by the Planning Commission on February 8, 2016 with all persons having the opportunity to speak for and against the proposal; and 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. _S'b' Exhibit (C) 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 Planning Commission hereby APPROVES Zoning Application ZA-15-38. 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-15-38 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 8th day of February, 2016 Robert L. Dickson Jr., Chair, Costa Mesa Planning Commission Exhibit (C) 5"r STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) 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 February 8, 2016 by the following votes: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS Claire L. Flynn, Secretary Costa Mesa Planning Commission Exhibit (C) EXHIBIT A FINDINGS fAPPROVAL A. The information presented complies with Costa Mesa Municipal Code Section 13- 29(g)(2) in that: 1. The proposed use is compatible and harmonious with developments in the same general area and would not be materially detrimental to other properties within the area. The proposed use will have offset hours of operation that will minimize any parking impacts on surrounding uses. The use is quiet in nature and will not have any noise impacts on surrounding uses. 2. Granting the minor conditional use permit will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. All activities will take place underroof. The center will be in operation only during the early morning, evening, and weekends, when most other businesses in the center are closed. 3. Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordance with the General Plan designation and any applicable specific plan for the property. The proposed use does not substantially increase the density or intensity at the property since no building area will be added; the use will operate outside normal business hours; and is quiet in nature. The information presented complies with Costa Mesa Municipal Code Section 13-29(e) in that: 1. There will be a compatible and harmonious relationship between the proposed building and the site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. Parking impacts will be avoided by conditioning the religious education and cultural center to operate during the early morning, evening, and weekends only. 2. Safety and compatibility of the design of buildings, parking area, landscaping, luminaries, and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation have been considered. The proposed hours of operation are during the early morning, evening, and weekends only and adequate parking exists for both this use as well as the existing church at 3184 Airway Avenue, Suite A; therefore, no traffic or parking impacts are anticipated. 3. The project complies with performance standards described elsewhere in this Zoning Code, and is conditioned to operate as described in this staff report. 4. The use is consistent with the General Plan in that a religious and cultural education center is considered a compatible use in the Industrial Park land use designation. 5. This zoning application is for a project -specific case and is not to be construed to be setting a precedent for future development. Exhibit (C) B. 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, Existing Facilities, of the CEQA Guidelines. C. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. —to— Exhibit (C) EXHIBIIT B CONDITiONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation described in this staff report: a religious education and cultural assembly center with the following hours of operation: Monday -Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year) Any change in the operational characteristics including, but not limited to, type of service provided or hours of operation will require approval of an amendment to the minor conditional, use permit, subject. to Zoning Administrator approval. 2. All uses shall be conducted within the tenant space (underroof). 3. If parking shortages or other parking -related problems arise, the center operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, modifying the hours of operation. 4. The conditions of approval and ordinance or code provisions of zoning application ZA-15-09 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of /utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 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. Approval of the zoning application is valid for one year 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) obtains building permits for the authorized construction and initiates construction; and/or 2) obtains a business license and/or legally establishes the business. If the applicant is unable to establish the use/obtain building permits within the one-year time period, the applicant may request an extension of time. The Planning Division must receive a written request for the time extension prior to the expiration of the zoning application. 2. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. Bldg, 3. Comply with the requirements of the 2013 California Building Code, 2013 California Electrical Code, 2013 Califomia Mechanical Code, and 2013 California Energy Code (or the applicable adopted, Califomia Building Code, California Electrical Code, California Mechanical Code, Exhibit (C) 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 2013 California Building Code. 4. Requirements for accessibility to sites, facilities, buildings, and elements by individuals with disability shall comply with chapter 11 B of the 2013 California Building Code. 1. Accessibility shall be to and through the front door and to the commercial space from the public sidewalk. •2. Accessible restrooms/bathrooms in the commercial space. 3. Accessible parking. 4. Accessible entry door, ramps, landings, sidewalks, hallways, strike edge clearances, and elevation changes. Additional access requirements may be required as per 2013 California Building Code. 5. 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. 6. If required, a business license shall be obtained prior to the initiation the business. 7. The applicant shall submit a $2,172 Traffic Impact Fee to the Transportation Division prior to the effective date of the Minor Conditional Use Permit. The traffic impact fee is based upon the average daily trip generation rate of 9.11 net trip ends for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the Minor Conditional Use Permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary District at (949) 645-8400 for current district requirements. CDFA 2. Comply with the requirements of the California 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. AQMD 3. Applicant shall contact the Air Quality Management District (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. Exhibit (C) RESOLUTION NO. PC -16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA REVERSING THE ZONING ADMINISTRATOR'S DECISION AND DENYING ZONING APPLICATION ZA-15-38 FOR A MINOR CONDITIONAL USE PERMIT FOR A DEVIATION FROM SHARED PARKING REQUIREMENTS DUE TO OFF -SET HOURS OF OPERATION FOR A RELIGIOUS EDUCATION AND CULTURAL ASSEMBLY USE AT 3184 AIRWAY AVENUE, SUITE J THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed Salim Rahemtulla, authorized agent for Randy Shafer, the property owner, requesting approval of the following: Zoning Application ZA-15-38, which was approved by the Zoning Administrator on December 10, 2015, is a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. • Saturday 10:00 a.m. — 2:00 p.m. • Sunday 10:00 a.m. — 2:00 p.m. (10 times per year). The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. WHEREAS, a duly noticed public hearing held by the Planning Commission on February 8, 2016 with all persons having the opportunity to speak for and against the proposal; and BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the Planning Commission hereby reverses the Zoning Administrators decision and DENIES Planning Application ZA-15-38 with respect to the property described above. 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 Exhibit (C) court of competent jurisdiction. such decision shall not affect the validity of the remaining provisions. PASSED AND ADOPTED this 8th day of February, 2016 Robert L. Dickson Jr., Chair, Costa Mesa Planning Commission Exhibit (C) �PA STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) 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 February 8, 2016 by the following votes: AYES: COMMISSIQNERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS Claire L. Flynn, Secretary Costa Mesa Planning Commission --1 5- Exhibit (C) EXHIBIT A FINDINGS (DENIAL) A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(gx2) in that: Finding: The proposed use is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. Finding: Granting the minor conditional use permit will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Finding: Granting the minor conditional use permit will allow a use, density, or intensity which is not in accordance with the General plan designation. B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a), CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. Exhibit (C) — Lck — ATTACHMENT 5 CQL"N. JULIE Prom: marls Lim <emailmarklim@gmail.com> sent: Tuesday, December 08, 2015 8:37 AM To. PLANNING COMMISSION Subject: Fwd: Ref. Public Notice of CUP Application ZA-15-38 Ref: Public Notice of CUP Application ZA-15-38 3184 Airway Ave. Bldg J. Costa Mesa, CA 92626 Applicant: Salim Rahemtulla. Dear Sir or Madam: We are writing to indicate that we will have conflicting hours of operation with the proposed use by the religious education and cultural assembly in 3184 Airway Ave Bldg J. This building is in very close proximity and we foresee conflicting parking issues. There will be parking issues during the proposed hours of operation. Our church has evening services on Wednesday —Friday evenings from 7:00pm — 9:30pm. Weeknight services consist of roughly 100 members. We also have weekly Sunday services from 9:00am to 1pm. Sunday services can hold roughly 400 attenders. Through the year, we also have Saturday events as well. We would overlap in the majority of their proposed hours of operation. Furthermore, we do we that the OCC Company located in Building C has frequent evening events that take up a lot of parking. Best Regards, (0 I Exhibit (C) Mark Lim I Associate Pastor Berean Community Church 3184 Airway Ave Bldg B Costa Mesa, CA 92626 949-231-8323 -L8- Exhibit (C) Law Of ces lv'Pftifrp T 2Um, AW A PROFESS ONAL LAW CORNORATHM December 8, 2015 Vin Emnil O t omi 4 t t o eY c . w City of Costa Mesa, Planning Division City Hall 77 Fair Drive Costa Mesa, CA Re: 3184 Airway Ave.. Suite „1,, C. 01a. CAL("5u licct Premises Application No.: ZA-15-38 Applicant: Salim Rahemtulla To whom it may concern: I represent Berean Community Church ("Berean") regarding the above -referenced matter. Berean is located at 3184 Airway Ave, Suite A and B, Costa Mesa, CA, in the same business park as the applicant. The description of the notice states: "A minor conditional use permitfor a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use..." Additionally, the notice states that the project is categorically exempt under Section 15301 of the State CEQA Guidelines, which in turn states: "The operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." In commenting on this provision, the State of California opined, "The key consideration is whether the project involves negligible or no expansion of an existing use." Furthermore, the current use is not within the list of "existing facilities" enumerated under Section 15301. As I understand it, the Subject Premises is going from a standard office use of the facility to a religious use. My client believes that the Applicant will significantly and adversely impact the current parking situation with respect to my client and also the other tenants of the business park. The use contemplated does not fit the definition under Section 15301. At a minimum, a parking study should be conducted to analyze the impacts to neighboring businesses such as Berean. If there are significant impacts, which my client believes there will be, then we request that the hearing officer impose certain mitigation measures to minimize any impacts to my client. Thank you for your anticipated cooperation in matter. I can be reached at the number listed below. Sincerely, Philip Y. Kim 25E, 1FOv1WrSBfvd,,Amada, CAI!f n a 91006 7eC 909-762-1616 1 Fa,V 302-371-5797 0 Exhibit (C) P, ci�cWest Via Csrtifed and First C1'ass Mai! November 30, 2015 RECD 0 E c Ms. Willa Bouwens-Killeen, AICP Zoning Administrator City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628-1200 RE: MINOR CONDITIONAL USE PERMIT -APPLICATION ZA-15-38 3184J AIRWAY AVENUE KOLL IRVINE COMMUNITY ASSOCIATION COSTA MESA, CALIFORNIA Dear Ms. Bouwens-Killeen: The Koll Irvine Community Association Board of Directors has requested that I contact you regarding the application for Minor Conditional Use Permit #ZA-15-38 for 3184J Airway Avenue in the Koll Irvine Community Association in Costa Mesa. Based upon prior experience, the Board of Directors is very concerned for existing businesses within the business park related to the anticipated impact upon parking with this type of use. The Board is respectively requesting the Planning Commission to conduct a study of the possible impact on traffic and parking of the neighboring businesses in the Koll Irvine Community Association prior to approving any such use now or in the future. We appreciate your immediate attention to this matter. Should you have any questions, please feel free to contact meat 714-433-7300 Ext 213 or by Email at dlinsan(a ll, i f iewest.cc Sincerely, Pacific West Asset Management Corporation 1�*C—' David Hasan Property Manager Enclosures Malllso Address 4s. P.O. Bos 1!068 40 Irrioe, Calfforaia 92623-9068 Exhibit (C) 3191-8 Airporl Loop 40 Cosla Mesa, California 92626-3404 40 714.433.7300 F. 714.433.7330 ra i ♦' ti K CL W ¢¢ O i O � J oC n Hl�V'r i� K HI'MI am 6 0 og 4.� n�[ .4 d6K i ♦' ti K CL W 1✓ v j � 41 N I O � J oC n Hl�V'r i� K 6 0 og 4.� r n W 4 u IZ r=im may, ry � f`IF ALF 4 L41¢ 11 1 1 1 F... SIWIS ONOWd LZ iu 7 Q H z i wcr � Z x Bn¢ � a BBLe mu LLI a a 3 wLs (33ddtl3IaNVH 9 + Q093 U Q OD � co) CL l r M Q O ` Z W)r, °r° °r° B6 r NIL¢ H HfsS W BBk6 LLJ M M M tale YETI. 7i R TTI O3ddv3iaNVH V + S-nV1S ONPANd 09 r >LW ALF 4 L41¢ 11 1 1 1 F... J M M M m V A CD abed Of O' n CO m 9 SIWIS ONOWd LZ i wcr � x Bn¢ � a BBLe mu a 3 wLs (33ddtl3IaNVH 9 + w CL SIWJ S ONDrdVd M Y Z W)r, °r° °r° B6 BBk6 LLJ M M M >LW 1S ONI 811V jdj WH s IQNtlH b + LLJ ltl N tl 6 Q 3 W L¢ J a e a BBL6BBL¢ y eeLr Bele J M M M m V A CD abed Of O' n CO m 9 December 10, 2015 CITY OF COSTA MESA ATTACHMENT 7 P.O. BOX 1200 • 77 FAIR DRIVE - CALIFORNIA 92828-1200 DEVELOPMENT SERVICES DEPARTMENT Salim Rahemtulla 82 Meadowbrook Aliso Viejo, CA 92656 RE: ZONING APPLICATION ZA45-38 MINOR CONDITIONAL USE PERMIT FOR A RELIGIOUS AND CULTURAL CENTER WITH A DEVIATION FROM SNARED PARKING REQUIREMENTS 3164 AIRWAY AVENUE SUITE J COSTA MESA Dear Mr. Rahemtulla: City staff's review of your zoning application for the above -referenced project has been completed. The application, as described in the attached project description, has been approved, based on the findings and subject to the conditions of approval and code requirements (attached). The decision will become final at 5:00 p.m. on December 17. 2015, unless appealed by an affected party, including filing of the necessary application and payment of the appropriate fee, or called up for review by a member of the Planning Commission or City Council. If you have any questions regarding this letter, please feel free to contact the project planner, Chelsea Crager, at (714) 754-5609, or at chelsea.cra er costarnesaca, ov. Sincerely, T1,14 r 11 WILLA BOUWENS-KILLEEN, AIG Zoning Administrator Attachments: Project Description and Analysis Findings Conditions of Approval, Code Requirements, and Special District Requirements Business Description Approved Conceptual Plans cc: Engineering Randy Shafer Fire Protection Analyst 1874 Samar Drive Building Safety Division Costa Mesa, CA 92626 Exhibit (C) suik*V Division (714) 754-5273 - coda EnWowrwr {714) 7s4_WM • PFxn,ng 1 MSIon (714) 7St-W45 FAX (714) 754-858 • _T DO (714) 754.524" • w7w oasWnweam4av ZA-15-38 December 10, 2015 Page 2 of 6 PROJECT DESCRIPTION The property is located on the east side of Airway Avenue, north of McCormick Avenue. The site is zoned MP (Industrial Park) and has a General Plan land use designation of Industrial Park. Physical on-site improvements include 32 buildings with 435 parking spaces and three points of ingress/egress on Airway Avenue. The use will occupy a 6,000 square foot space, located in one of the existing buildings. The proposed floor plan consists of an ante room and prayer hall, seven offices, storage, a lunch room, and two restrooms. The applicant requests approval of a minor conditional use permit (MCUP) to allow the establishment of a religious education and cultural assembly center with a deviation from the shared parking requirements due to offset hours of operation. Previous Entitlement In 2010, Minor Conditional Use Permit ZA-10-22 was approved for a church with offset hours of operation at 3184 Airway Avenue, Suite A. The church is conditioned to operate as follows: Sunday: 9:00 a.m. to 1:00 p.m. (every week) and 7:00 p.m. to 10:00 p.m. (4 times per year) Friday: 7:00 p.m. to 9:00 p.m. Saturday: 9:00 a.m. to 11:00 a.m. (one time per month) In their justification letter dated April 1, 2010, the applicant stated they would need a maximum of 109 parking spaces. ANALYSIS Noise Noise impacts are not anticipated to surrounding uses due to the quiet nature of a religious education and cultural assembly center and a condition of approval that all activities will occur indoors. Parking and Circulation The parking ratio for a cultural assembly center with no fixed seating is 1 space for every 35 square feet of seating area within the main assembly area; consequently, 55 parking spaces would be required for the proposed space 1,914 square feet assembly area. The applicant is requesting approval of a minor conditional use permit to deviate from shared parking requirements due to offset hours of operation. The following schedule is proposed: Exhibit (C) 7A-15-3$ December 10, 2015 Page 3 of 6 Monday through Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year) The project is conditioned to operate at these times only, which should not interfere with normal business hours of 8:00 a.m. to 5:00 p.m. when parking demand will be at its peak. However, there is concern that parking demands of the proposed religious/cultural center could conflict with the parking approved under ZA-10-22 for the church at 3184 Airway Suite A. In their justification letter dated October 13, 2015 the applicant stated that they would require a maximum of 150 parking spaces. In the worst case scenario, the church operates every Sunday (with a parking demand of 109 spaces) while the proposed religious/cultural center proposes to operate during the same hours (with the 150 space parking demand) -- resulting in an overall parking demand of 259 spaces. However, the religious/cultural center Sunday meetings would occur only 10 times per year. Additionally, the overall development (3184 through 3188 Airway Avenue) contains approximately 435 parking spaces and there are no other parking deviations approved for this development; consequently adequate parking exists to serve both uses at the same time. Should parking shortages or other parking -related problems and/or conflicts develop, the center operator will be required to institute appropriate operational measures necessary to minimize or eliminate the problem including, but not limited to, modifying operating hours. Genera! Plan Consistency The Industrial Park General Plan land use designation is intended to apply to large districts that contain a variety of industrial and compatible office and support commercial uses. The offset hours of operation and quiet nature of the proposed use will not generate noise or parking impacts, allowing the use to be compatible with surrounding uses. The proposed use, as conditioned, is consistent with the Zoning Code and the City's General Plan because, with the included conditions of approval and due to the nature of the use, the religious education and cultural center should not adversely impact the surrounding uses. FINDINGS A. The information presented complies with Costa Mesa Municipal Code Section 13- 29(g)(2) in that: 1. The proposed use is compatible and harmonious with developments in the same Exhibit (C) ZA-1 X38 December 10, 2015 Page 4 of 6 general area and would not be materially detrimental to other properties within the area. The proposed use will have offset hours of operation that will minimize any parking impacts on surrounding uses. The use is quiet in nature and will not have any noise impacts on surrounding uses. 2. Granting the minor conditional use permit will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. All activities will take place underroof. The center will be in operation only during the early morning, evening, and weekends, when most other businesses in the center are closed. 3. Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordance with the General Plan designation and any applicable specific plan for the property. The proposed use does not substantially increase the density or intensity at the property since no building area will be added; the use will operate outside normal business hours; and is quiet in nature. B. The information presented complies with Costa Mesa Municipal Code Section 13- 29(e) in that: 1. There will be a compatible and harmonious relationship between the proposed building and the site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. Parking impacts will be avoided by conditioning the religious education and cultural center to operate during the early morning, evening, and weekends only. 2. Safety and compatibility of the design of buildings, parking area, landscaping, luminaries, and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation have been considered. The proposed hours of operation are during the early morning, evening, and weekends only and adequate parking exists for both this use as well as the existing church at 3184 Airway Avenue, Suite A; therefore no traffic or parking impacts are anticipated. 3. The project complies with performance standards described elsewhere in this Zoning Code, and is conditioned to operate as described in this staff report. 4. The use is consistent with the General Plan in that a religious and cultural education center is considered a compatible use in the Industrial Park land use designation. 5. This zoning application is for a project -specific case and is not to be constmed to be setting a precedent for future development. C. The project has been reviewed for compliance with the Califomia Environmental Exhibit (C) — "10^ 7A-15-38 December 10, 2015 Page 5 of 6 Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt under Section 15301, Existing Facilities, of the CEQA Guidelines. D. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management, of Tithe 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation described in this staff report: a religious education and cultural assembly center with the following hours of operation: Monday -Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year) Any change in the operational characteristics including, but not limited to, type of service provided or hours of operation will require approval of an amendment to the minor conditional use permit, subject to Zoning Administrator approval. 2. All uses shall be conducted within the tenant space (underroof). _ 3. If parking shortages or other parking -related problems arise, the center operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, modifying the hours of operation. 4. The applicant shall contact the Planning Division to arrange a Planning inspection of the site. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 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. Approval of the zoning application is valid for one year 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) obtains building permits for the authorized construction and initiates construction; and/or 2) obtains a business license and/or legally establishes the business. If the applicant is unable to establish the use/obtain building permits within the one-year time period, the applicant may request an extension of time. The Planning Division must receive a written request for the time extension prior to the expiration of the zoning application. 2. Permits shall be obtained for all signs according to the provisions of the —911 Exhibit (C) 2A-15-38 December 10, 2015 Page 6 of 6 SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary Exhibit (C) Costa Mesa Sign Ordinance. Bldg. 3. Comply with the requirements of the following adopted codes: 2013 California Building Code, 2013 California Electrical code, 2013 California Mechanical code, 2013 California Plumbing code and 2013 California Energy Code (or the applicable adopted, California Building code California Electrical code, California Mechanical code California Plumbing Code 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 Ci!%# of Costa Mesa. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2013 California Building Code. 4. Requirements for accessibility to sites, facilities, buildings, and elements by individuals with disability shall comply with chapter 11 B of the 2013 California Building Code. 1. Accessibility shall be to and through the front door and to the commercial space from the public sidewalk. 2. Accessible restrooms/bathrooms in the commercial space. 3. Accessible parking. 4. Accessible entry door, ramps, landings, sidewalks, hallways, strike edge clearances, and elevation changes. 5. Additional access requirements may be required as per 2013 California Building Code. Bus. 5. All contractors and subcontractors must have valid business licenses to do Lic. 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. 6. If required, a business license shall be obtained prior to the initiation the business. Trans. 7. The applicant shall submit a $2,172 Traffic Impact Fee to the Transportation Division prior to the effective date of the Minor Conditional Use Permit. The traffic impact fee is based upon the average daily trip generation rate of 9.11 net trip ends for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the Minor Conditional Use Permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary Exhibit (C) ZA-15-38 December 10. 2015 Page 7 of 6 District at (949) 645-8440 for current district requirements. CDFA 2. Comply with the requirements of the California 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. AQMD & Applicant shall contact the Air Quality Management District (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. — rN — Exhibit (C) :C2t�Meki City of Costa Mesa ATTACHMENT S ❑ Appeal or Planning Commisalon Decision - $1,220.00 ❑ Appeal of Zoning Admintslrator/Staff QeGsion - $080,U0 APPLICATION FOR APPEAL OR REVIEW Applicant Name* STE_ P_HAN H. ANDPANTAN _ Address 77 Fair Drive, P.O. Box 1200, Costa Mesa, CA 92628-1200 Phone 231-8728 Representing City of Costa Mesa Planning Commission REQUEST FOR: ❑ APPEAL ® REVIEW** Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if known.) ZA-15-38, dated December 10, 2015 Decisionby: Zoning Administrator_ Reasons for requesting appeal or review: decision is Zoning Administrator's for a deviation from shared parking subject premises is 55 spaces (per includes 16 dedicated spaces. to grant a minor conditional use permit requirements. Parking required for the code), but the subject premises only Review is requested to, gauge impacts of the requested use on surrounding businesses. Date: 12/11/2015 Signature: If you are serving as the ago nt for another per sora, p leas a Idon* the person you represent and provide proof of authorizalton. "Rev low may be requested only by Pie nn! ng Commission, Planning Commission Member, City Council, or Clty Council Mamber For office use only - do not write below this Ilne SCHEDULED FOR THE CITY COUNCIUPIANNING COMMISSION MEETING OF: If €ippeal or reylew is for a personar body atiWthan City Coolxilftrining C9Mm* on, date of hearing of appeal or review: _$'p— Exhibit (C) L LSA ABBE a:IAI Ea. INC. ZO E%ECl'II%'E PAR K. SUITE 2.64SAI IRV171r. C.01L1FORNiA 92411 January 21, 2016 ATTACHMENT 9 FRESNO RIVERSIDE 939 559.Ofi 7: TEL BERKELEY PALM SPRINGS ROCKLIN 949 557.1071 FAX CARLSBAD PT RIC H74OND SAN LUIS OBISPO Salim Rahemtulla His Highness the Aga Khan Ismaili Council for the Western United States 17965 Sky Park Circle, Suites C and D Irvine, CA 92614 Subject: Parking Analysis for Proposed Religious Facilities at 3184 Airway Avenue, Suite J, in the City of Costa Mesa Dear Mr. Rahemtulla: LSA Associates, Inc. (LSA) has reviewed parking conditions within the Airway Avenue business park in relation to the proposed place of assembly and worship at 3184 Airway Avenue, Suite J. in the City of Costa Mesa (City). Currently, the church hosts assembly and worship at a smaller facility at 17965 Sky Park Circle in the City of Irvine, where they have been holding services since 1988. The proposed use will occupy a 6,000 -square -foot (sf) space within a 32 -building business park with three driveways off of Airway Avenue. In total, the business park at 3184-3190 Airway Avenue contains 493 marked parking spaces. Figure l (all figures attached) shows the project location and the parking spaces within the business park. The proposed use will divide the 6,000 sf space into an anteroom and prayer hall, seven offices, storage space, a lunch room, and two restrooms. Assembly will take place within an approximately 1,914 sf area. The purpose of this study is to identify whether sufficient parking is available within the business park during the proposed hours of operation to accommodate the new parking demand. Hours of Operation The hours of operation are not speculative. The current facility has been holding worship services to meet the needs of the congregation, and these service times will continue at the new facility. The list below presents the hours of operation. • 4:00 am. to 6:00 a.m. daily • 7:00 p.m. to 9:30 p.m. daily • 10:00 a.m. to 2:00 p.m. Saturday • 10:00 a.m. to 2:00 p.m. Sunday (up to 10 times per year) None of these hours of operation conflict with regular weekday business hours (i.e., 8:00 a.m. to 5:00 p.m.) within the business park. However, another church (i.e., Berean Community Church) is located at 3184 Airway Avenue, Suite A, and operates under a Conditional Use Permit (CUP) for the hours of 7:00 p.m. to 9:00 p.m. Friday; 9:00 am. to 11:00 a.m. Saturday (once per month); 9:00 a.m. to 1:00 p.m. Sunday; and 7:00 p.m. to 10:00 p.m. Sunday (up to four times per year). 1/21116 «P:%A7.A I50111I34 Airway PoWng.dom. PLANNING i ENVIRONMENTAL SCIENCES I DESIGN Exhibit (C) LSA ASSOCIATES. 140 Given these pre-existing hours of operation, the potential for parking conflicts is limited to: 7:00 p.m. to 9:00 p.m. on Friday • 10:00 a.m. to 1:00 p.m. on Sunday (up to 10 times per year) • 7:00 p.m. to 9:30 p.m. on Sunday (up to four times per year) While there is potential for parking conflicts on Sunday, these would be limited to times when either the existing or propo§ed church hold seldom-occgrring special events. In a typical week, the potential for parking conflicts is limited to Friday evenings. The existing Berean Community Church holds college Bible study and youth Bible study starting at 7:00 p.m. every Friday. Friday evening worship services at the proposed church are expected to have the highest attendance of any of the church's services. Existing Parking Supply and Demand LSA confirmed the availability of parking during the proposed hours of operation and paid specific attention to the three time periods when parking conflicts are possible. LSA coordinated with an independent third -party data collection firm, National Data and Surveying Services, Inc., to collect parking data at the Airway Avenue business park. Table A shows the existing parking utilization and availability during the proposed service times. The values shown in Table A reflect the maximum parking demand during the surveyed time period. More detailed information about how parking demand varies during the surveyed time period is available in the attached parking accumulation data. Table A: Existing Parking Demand at 3184-3190 Airway Avenue As Table A shows, the Airway Avenue business park experiences nominal parking demand during most of the proposed church operating hours. However, the existing Berean Community Church does utilize parking during its authorized hours of operation. While the existing church CUP permits services on Sunday evening from 7:00 p.m. to 10:00 p.m. up to four times per year, one of those events was not scheduled during the surveyed period and the Sunday evening data in Table A reflects typical parking conditions that would occur the majority of the year. The maximum parking associated with the existing Berean Community Church is 109 parking spaces according to their CUP. Although the existing Berean Community Church CUP does not specify hours of operation MUM G �_ Exhibit (C) Total Spaces Occupied Vacant Weekday 4:00 AM to 6:00 AM 493 70 423 Weekday 7:00 PM to 9:30 PM 493 87 406 Frida 7:00 PM to 9:30 PM 493 76 417 Saturday 4:00 AM to 5:00 AM 493 36 457 Saturday 10:00 AM to 2:00 PM 493 50 443 Saturda 7:00 PM to 9:30 PM 493 36 457 Sunda 4:00 AM to 6:00 AM 493 31 462 Sunda 10:00 AM to 2:00 PM 493 172 321 Sunda 7:00 PM to 9:30 PM _ 493 42 451 As Table A shows, the Airway Avenue business park experiences nominal parking demand during most of the proposed church operating hours. However, the existing Berean Community Church does utilize parking during its authorized hours of operation. While the existing church CUP permits services on Sunday evening from 7:00 p.m. to 10:00 p.m. up to four times per year, one of those events was not scheduled during the surveyed period and the Sunday evening data in Table A reflects typical parking conditions that would occur the majority of the year. The maximum parking associated with the existing Berean Community Church is 109 parking spaces according to their CUP. Although the existing Berean Community Church CUP does not specify hours of operation MUM G �_ Exhibit (C) LSA ASSOCIATES. INC during weekday evenings, the church holds adult Bible study at 7:00 p.m. on Wednesdays and Thursdays. The data in Table A reflects the parking conditions when this occurs. Required Parking Costa Mesa Municipal Code (CMMC) Section 13-89 establishes parking standards for nonresidential uses. Churches and other places of assembly require one parking space for each three fixed seats or one parking space for every 35 sf of seating area. The 1,914 sf assembly area would requite 55 parking spaces per the CMMC. ' As Table A shows, at least 55 parking spaces are vacant during all of the proposed hours of operation. Future Parking Demand Some operational details about the facility were provided in a letter dated October 13, 2015. The letter states that of the 140 to 210 members, evening services are typically attended by approximately 50 people, Friday evening services are attended by approximately 150 people, and special events can draw up to 200 people. While average vehicle occupancy (AVO) for the home- work trip may be close to 1.0, vehicle occupancy for other trips, such as to special events, is typically closer to 2.0. From previous projects examining travel behavior to religious services, LSA has found an AVO of approximately 1.7. As shown in Table B, applying an AVO of 1.7 to the operational data yields a potential parking demand for 29 spaces during evening services, except for Friday evening, when the expected parking demand is 88 spaces. During special events (held between 10:00 a.m. and 2:00 p.m. Sunday up to 10 times per year), parking demand could be as high as 118 spaces. Table B: Future Parking Demand at 3184 Airway Avenue Parking Distamm from Suite J The proposed place of assembly and worship will occupy 3184 Airway Avenue, Suite J. While Table B shows that sufficient parking remains within the business park to accommodate the sed -use -and wurs-ofoperatitm,,-parking spaces -nearest -Suites -A -and -Twill be the mos 1/11116- PAA7A 1501 U I" A iswsy Kiz It i nE.dc x- �'r Exhibit (C) Existlng Vacant Spaces New Parking Demand Remaining Weekda 4:00 AM to 6:00 AM 423 55 368 Weekday 7:00 PM to 9:30 PM 406 29 377 Friday 7:00 PM to 9:30 PM 417 88 329 Saturday 4:00 AM to 6:00 AM 457 55 402 Saturday 10:00 AM to 2:00 PM 443 55 388 Saturda 7:00 PM to 9:30 PM 457 55 402 Sunda 4:00 AM to 6:00 AM 462 55 407 Sunda 10:00 AM to 2:00 PM 321 118 203 Sundav 7:00 PM to 9:30 PM 451 55 396 Parking Distamm from Suite J The proposed place of assembly and worship will occupy 3184 Airway Avenue, Suite J. While Table B shows that sufficient parking remains within the business park to accommodate the sed -use -and wurs-ofoperatitm,,-parking spaces -nearest -Suites -A -and -Twill be the mos 1/11116- PAA7A 1501 U I" A iswsy Kiz It i nE.dc x- �'r Exhibit (C) desirable. The competition for close parking spaces may give the appearance of a parking shortfall even when plentiful parking exists a short walk away. Ten parking spaces are located immediately adjacent to Suite A. Seventeen parking spaces are located immediately adjacent to Suite J. Most drivers will have to find a parking space a short distance away and walk to the building entrances. Figure 1, attached, shows the parking spaces and their approximate distance from Suites A and J. Table C restates the vacancy data from Table B and categorizes existing vacant parking spaces based on their distance from Suite J. Table C: Available Parking Spaces by Distance to Suite J As Table C shows, the closest parking spaces remain available for the proposed assembly and worship services on weekday mornings, weekday evenings, Saturday momings, Saturday midday, Saturday evenings, Sunday mornings, and Sunday evenings. While sufficient parking spaces are available throughout 3184-3190 Airway Avenue, the closest parking spaces would not be available on Friday evenings and Sunday midday due to parking demand generated by the existing church. Up to four times per year, the closest parking spaces may not be available on Sunday evenings due to special events at Berean Community Church. However, during these time periods, sufficient parking would be available within 500 feet, which would require less than 5 minutes to walk and is generally considered to be an acceptable walking distance. Figure 2 illustrates the percentage of currently vacant spaces by distance between 10:00 a.m. and 2:00 p.m. on Sunday, (i.e., when parking demand is highest). This is compared to the percentage of vacant spaces by distance with the proposed project. As Figure 2 shows, sufficient parking is available within 500 feet. All of the parking areas noted are within a 5 -minute walking distance, and the closest half of them would be occupied during services for both churches. This is the worst-case scenario, and it is expected to occur up to 10 times per year. On a weekly basis, only the Friday evening hours of operation overlap for the two churches. On Fridays, the spaces within 250 feet are expected to be filled, and the spaces between 250 and 500 feet would be 85 percent vacant. Conclusion The proposed place of assembly and worship at 3184 Airway Avenue, Suite J, will divide the 6,000 sf space into an anteroom and prayer hall, seven offices, storage space, a lunch room, and two restrooms. Assembly will take place within an approximately 1,914 sf area. III I116-FAA7A1501U184 Airway Purkingdccx. Exhibit (C) New Parking Demand 0 to 250 Feet Exlstiqg_Yacant Saces 250 Feet to 500 Feet to 500 Feet 750 Feet 750 Feet to 1.000 Feet Total Weekday 4:00 AM to 6:00 AM 55 95 129 log 90 423 Weekdav 7:181 PM to 9:30 PM 29 79 137 112 78 406 Friday 7:00 PM to 9:30 PM 88 77 134 115 91 417 Saturday 4:00 AM to 6:00 AM 55 105 140 118 94 457 Saturdav 10:00 AM to 2:00 PM 55 98 137 117 91 443 Suturda 7:00 PM to 9:30 PM 55 107 139 118 93 457 Sunday 4:00 AM to 6:00 AM 55 110 139 118 95 462 Sunday 10:00 AM to 2:00 PM 118 131 13 109 86 321 Sunday 7:00 PM to 9:30 PM 55 1(Y7 136 116 92 451 As Table C shows, the closest parking spaces remain available for the proposed assembly and worship services on weekday mornings, weekday evenings, Saturday momings, Saturday midday, Saturday evenings, Sunday mornings, and Sunday evenings. While sufficient parking spaces are available throughout 3184-3190 Airway Avenue, the closest parking spaces would not be available on Friday evenings and Sunday midday due to parking demand generated by the existing church. Up to four times per year, the closest parking spaces may not be available on Sunday evenings due to special events at Berean Community Church. However, during these time periods, sufficient parking would be available within 500 feet, which would require less than 5 minutes to walk and is generally considered to be an acceptable walking distance. Figure 2 illustrates the percentage of currently vacant spaces by distance between 10:00 a.m. and 2:00 p.m. on Sunday, (i.e., when parking demand is highest). This is compared to the percentage of vacant spaces by distance with the proposed project. As Figure 2 shows, sufficient parking is available within 500 feet. All of the parking areas noted are within a 5 -minute walking distance, and the closest half of them would be occupied during services for both churches. This is the worst-case scenario, and it is expected to occur up to 10 times per year. On a weekly basis, only the Friday evening hours of operation overlap for the two churches. On Fridays, the spaces within 250 feet are expected to be filled, and the spaces between 250 and 500 feet would be 85 percent vacant. Conclusion The proposed place of assembly and worship at 3184 Airway Avenue, Suite J, will divide the 6,000 sf space into an anteroom and prayer hall, seven offices, storage space, a lunch room, and two restrooms. Assembly will take place within an approximately 1,914 sf area. III I116-FAA7A1501U184 Airway Purkingdccx. Exhibit (C) ■ The hours of operation are proposed to be: 0 4:00 a.m. to 6:00 am. daily, 0 7:00 p.m. to 9:30 p.m. daily, 0 10:00 a.m. to 2:00 p.m. Saturday, and 0 10:00 a.m. to 2:00 p.m. Sunday (up to 10 times per year). • None of these hours of operation conflict with regular weekday business hours (i.e., 8:00 a.m. to 5:00 p.m.) Within the business park. ' • However, another church (i.e., Berean Community Church) is located at 3184 Airway Avenue, Suite A. and operates during the hours of: o 7:00 p.m. to 9:00 p.m. Friday, o 9:00 a.m. to 11:00 am. Saturday (once per month), o 9:00 am. to 1:00 p.m. Sunday, and 0 7:00 p.m. to 10:00 p.m. Sunday (up to four times per year). • The operation of the existing church presents potential for parking conflicts from: 0 7:00 p.m. to 9:00 p.m. Friday, 0 10:00 a.m. to 1:00 p.m. Sunday (up to 10 times per year), and o 7:00 p.m. to 9:30 p.m. Sunday (up to four times per year). The existing parking utilization was collected during each of the proposed time periods for operation of the new church. All surveyed parking spaces were within a 5 -minute walking distance of the proposed church. The parking surveys revealed that sufficient parking remains within 250 feet to meet the new parking demand on weekday mornings, weekday evenings, Saturday mornings, Saturday midday, Saturday evenings, Sunday mornings, and Sunday evenings. Up to 10 times per year at Sunday midday and up to 4 times per year on Sunday evenings, new parking demand may require the use of the parking spaces within 250 to 500 feet. On a weekly basis, only the Friday evening hours of operation overlap for the two churches. On Fridays, the spaces within 250 feet are expected to be filled and the spaces between 250 and 500 feet would be 85 percent vacant. Sincerely, LSA ASSOCIATES, INC. Ken Wilhelm Principal Attachments: Figure l: Project Location Figure 2: Existing and Future Sunday Midday Parking Parking Accumulation Data 1121116,FAACA150KI184 Airway Pat koigAoux- -�85� 5 Exhibit (C) L S A LEGEND 0 - u iw1 :rm rtes f XXX 5100ItCI; LiovlJC Iianfi 13ALA150P(P. I.ucariwtc,M 11 2I(,/ FIGURE 1 Parking Space 0 - 250 Feet Away I'arkiny Space 250 • BOO Feet Awl;y Parking Space 500 - 7501 ea Away Parking Spine 750 - l jX)0 Nct Awlly 3184 Ah -iv rp Suife J Number t)f kfirl; Spw (tidal 493 Spaces) Projccl Location Exhibit (C) L S A i ix;r..isn ® Parking Space 0 •250 Feet Away Existing Percent Full Parking Space 250 - 500 Feet Away Future Percent Full he Parking Space 500 - 750 Feel Away U 101 m ® - Parking Space 750 - 1,000 Feet Away FEST XXX Number of Marked Spaces (Total 493 Spares) SOURCE: C 0081e Fa a li 1:4►LA1501i{."&ind&y Pxkkognr (IrWIa) FIGURE 2 3184Ahi6:gy SideJ Existing and Future Sunday Midday Parking Exhibit (C) ME Exhibit (C) - 8q - Exhibit (C) 51 - MISSOURI 1111111111 91111111111111111 31111111111111111 m i 31111111111111111 �I �I �i��l�ll �I �i ' Nay a:111111111111111 3�o�l�l�i� 111111111111GV�E�G�EEuI€SEE 1111 51 - 111110 1111111111 aoe�ieoi m i ��o�I �I �i ' Nay -qo- Exhibit (C) 0 X10 Oil 0080,4fi E „0 134fl7 015• 022 • •. � .045 ,. 021 L 0- 66 020 • Dia - 0".'$� ; 41.9 0251C02d _ r 026 `I 027 Ofl4 029 r 001 43,4 433 .002 • 032 ' .. 003 034 *. '�63$ ,03.5 037 036.1 i EC;E N E CITY CLERK 16 FEB 16 PM 2, 31 CITY GS'IA IME S A [3 Y. EXHIBIT D =E�os:ta ►a CITY OF COSTA MESA PLANNING COMMISSION MEETING Monday - February 8, 2016 MEETING DECISIONS *IMPORTANT NOTE: The purpose of this summary is to provide timely information regarding the Planning Commission's actions at this meeting. For more detailed information regarding the Commission's actions (including the addition, deletion, or modification of conditions of approval), please see the meeting minutes for this Planning Commission meeting. You may also contact the Planning Division at (714) 754-5245 for more information. CONSENT CALENDAR: *ACTIONS Minutes for the meeting of January 25, 2016 Approved, 5-0 PUBLIC HEARINGS: *ACTIONS 3. PA -15-48 & VT -17981: DESIGN REVIEW Continue to the February 22, AND VESTING TENTATIVE TRACT MAP 2016 Planning Commission FOR A 43 -UNIT, TWO-STORY, DETACHED Meeting. RESIDENTIAL COMMON INTEREST DEVELOPMENT AT 2626 HARBOR Approved, 5-0 BOULEVARD Applicant: C&V Consulting Site Address: 2626 Harbor Boulevard Zone: R2 -MD Project Planner: Ryan Loomis Environmental Determination: Addendum to previously adopted Initial Study/Mitigated Negative Declaration. The City of Costa Mesa adopted an Initial Study/Mitigated Negative Declaration for the originally approved 33 -unit Project located at 2626 Harbor Boulevard. The City of Costa Mesa proposes to adopt an Addendum to the Initial Study/Mitigated Negative Declaration for the proposed 43 -unit project based on the findings of California Code of Regulations Section 15162 and Section 15164. Per California Code of Regulations Section 15164, the City, as the Lead Agency, shall prepare an Addendum to an adopted Mitigated Negative Declaration if some changes or additions are necessary but none of the Exhibit (D) -q3.-.w *ACTIONS conditions described in Section 15162 calling for preparation of a subsequent Mitigated Negative Declaration have occurred. Also, per California Code of Regulations Section 15164, an Addendum need not be circulated for public review, but can be included in or attached to the adopted Mitigated Negative Declaration. The Mitigated Negative Declaration was based on the finding that, through compliance with the Standard Conditions and Mitigation Measures, the Project's potential significant adverse impacts would be reduced to a less than significant level. The reasons to support such a finding are documented by an Initial Study prepared by the City of Costa Mesa. Description: The proposed 43 -Unit residential project amends the previously approved 33 - Unit Residential Common Interest Development analyzed in the Final IS/MND, which included a General Plan Amendment, Rezone, Design Review, and Tentative Map for detached residential development located on a 3.71 -acre lot at 2626 Harbor Boulevard. The proposed amended project consists of the following discretionary requests: 1) Adoption of an Addendum to Initial Study/Mitigated Negative Declaration (IS/MND); 2) Planning Application PA -15-48: Design Review for the development of a 43 -unit condominium project with specified deviations from the Residential Common Interest development standards, including the following: ■ Variance to allow deviation from required development lot minimum open space requirements (40% required; 38% proposed). *Administrative Adjustment to allow deviation from required distance between main buildings (10 feet required; 6 feet proposed). a Minor Modification to allow deviation from required development lot rear setback (20 feet required; 16 feet proposed). Exhibit (D) *ACTIONS 3) Vesting Tentative Tract Map 17981: Vesting Tentative Tract Map 17981 for residential subdivision for condominium purposes. ZA-15-38: REQUEST FOR A REVIEW OF A Reverse the Zoning MINOR CONDITIONAL USE PERMIT AT Administrator's Decision 3184 AIRWAY AVENUE, SUITE J and deny without prejudice. Applicant: Salim Rahemtulla Site Address: 3184 Airway Avenue, Suite J Zone: MP Project Planner: Mel Lee Environmental Determination: The project is categorically exempt under Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 (Existing Facilities). Description: Request for a review of a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday. 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. • Saturday 10:00 a.m. — 2:00 p.m. • Sunday 10:00 a.m. — 2:00 p.m. (10 times per year). A total of 55 parking spaces are required for the 1,914 sq. ft. religious assembly use. The proposal involves off -set operational hours in order to utilize the parking lot when other business are closed. The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. Approved, 3-2 Chair Dickson and Vice Chair Mathews voting No 2. PA -10-30 A1: AMENDMENT TO Approved, 5-0 PREVIOUSLY APPROVED MASTER PLAN FOR PROPOSED VALET PARKING WHICH WILL INCREASE THE PARKING AT 1534 ADAMS AVENUE, SUITE B Exhibit (D) *ACTIONS Applicant: John Hill Site Address: 1534 Adams Avenue, Suite B Zone: C1 Project Planner: Mel Lee Environmental Determination: The project is categorically exempt under Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 (Existing Facilities). Description: First amendment to previously approved master plan for an existing retail shopping center to allow the following: 1) Conversion of a 2,334 square foot tenant space located at 1534 Adams Avenue, Suite B, from a retail to a restaurant space; 2) A deviation from shared parking requirements for the proposed restaurant space (240 spaces existing; 248 spaces required); and 3) Proposed valet parking plan to provide 12 valet spaces to offset increased parking demand for the new restaurant space. The original master plan required 240 parking spaces based on unique operational characteristics and adjusted shared parking. The net increase in parking for the new restaurant space is 8 spaces (248 spaces required; 252 spaces proposed by valet). 4. PA -15-49 and PM -15-165: DESIGN REVIEW Approved, 5-0 AND TENTATIVE TRACT MAP TO CONSTRUCT A 2 -UNIT, TWO-STORY, DETACHED RESIDENTIAL DEVELOPMENT AT 1808 POMONA AVENUE Applicant: Ryan Walker Site Address: 1808 Pomona Avenue Zone: R2 -HD Project Planner: Mel Lee Environmental Determination: The project is categorically exempt under Section 15303 of the State CEQA (California Environmental Quality Act) Guidelines — Class 3 (New Construction). Exhibit (D) *ACTIONS Description: The proposed project involves: 1) Design Review to construct a 2 -unit, two story, detached residential development on a 7,500 sq. ft. lot in an R2 -HD zone. 2) Tentative Parcel Map PM -15-165 for the small lot subdivision of the property into two fee simple lots. The project complies with the City's Small Lot Ordinance standards with regard to building setbacks, open space, and on-site parking, and no -code deviations are proposed. 5. PA -15-52 & PM -15-158: DESIGN REVIEW Approved, 5-0 AND TENTATIVE PARCEL MAP TO CONSTRUCT A 2 -UNIT, TWO STORY, DETACHED DEVELOPMENT AT 2156 MYRAN DRIVE Applicant: Sam Khedraki Site Address: 2156 Myran Drive Zone: R2 -MD Project Planner: Dan Inloes Environmental Determination: The project is categorically exempt under Section 15303 of the State CEQA (California Environmental Quality Act) Guidelines — Class 3 (New Construction). Description: The proposed project involves: 1) Design Review to construct a 2 -unit, two- story, detached small lot subdivision development on a 10,300 sq. ft. lot in an R2 - MD zone. 2) Tentative Parcel Map for the subdivision of the property into two, fee simple lots, in accordance with the small lot subdivision standards. Exhibit (D) _q9 rGE4 LL; CITY CLERK 16 FEB 16 PIS 2. 31 { J r Lli I �'i LL:JI�i I .01 EXHIBIT E =z 1IRVINE, LSA ASSOCIATES, INC.20 l?XEL'U'I'IVF,PARK, SUITE400 S A CALIFORNIA 92614 January 21, 2016 FRESNO RIVERSIDE ?45.563.0666 TEL BERKELEY PALM SPRINGS ROCKLIN 549.363.5076 FAX CARLSBAD P11'. RICIIMON 1) SAN LUIS OBISPO Salim Rahemtulla His Highness the Aga Khan Ismaili Council for the Western United States 17965 Sky Park Circle, Suites C and D Irvine, CA 92614 Subject: Parking Analysis for Proposed Religious Facilities at 3184 Airway Avenue, Suite J, in the City of Costa Mesa Dear Mr. Rahemtulla: LSA Associates, Inc. (LSA) has reviewed parking conditions within the Airway Avenue business park in relation to the proposed place of assembly and worship at 3184 Airway Avenue, Suite J, in the City of Costa Mesa (City). Currently, the church hosts assembly and worship at a smaller facility at 17965 Sky Park Circle in the City of Irvine, where they have been holding services since 1988. The proposed use will occupy a 6,000 -square -foot (sf) space within a 32 -building business park with three driveways off of Airway Avenue. In total, the business park at 3184-3190 Airway Avenue contains 493 marked parking spaces. Figure 1 (all figures attached) shows the project location and the parking spaces within the business park. The proposed use will divide the 6,000 sf space into an anteroom and prayer hall, seven offices, storage space, a lunch room, and two restrooms. Assembly will take place within an approximately 1,914 sf area. The purpose of this study is to identify whether sufficient parking is available within the business park during the proposed hours of operation to accommodate the new parking demand. Hours of Operation The hours of operation are not speculative. The current facility has been holding worship services to meet the needs of the congregation, and these service times will continue at the new facility. The list below presents the hours of operation. • 4:00 a.m. to 6:00 a.m. daily • 7:00 p.m. to 9:30 p.m. daily • 10:00 a.m. to 2:00 p.m. Saturday • 10:00 a.m. to 2:00 p.m. Sunday (up to 10 times per year) None of these hours of operation conflict with regular weekday business hours (i.e., 8:00 a.m. to 5:00 p.m.) within the business park. However, another church (i.e., Berean Community Church) is located at 3184 Airway Avenue, Suite A, and operates under a Conditional Use Permit (CUP) for the hours of 7:00 p.m. to 9:00 p.m. Friday; 9:00 a.m. to 11:00 a.m. Saturday (once per month); 9:00 a.m. to 1:00 p.m. Sunday; and 7:00 p.m. to 10:00 p.m. Sunday (up to four times per year), 1/21/16 «P:WZA1501\3184 Airway Parking.docx» PLANNING I L?NVIRONMENTAL SCIENCES I DESIGN - O -- Exhibit (E) LSA ASSOCIATES. INC. Given these pre-existing hours of operation, the potential for parking conflicts is limited to: ■ 7:00 p.m. to 9:00 p.m. on Friday • 10:00 a.m. to 1:00 p.m. on Sunday (up to 10 times per year) • 7:00 p.m. to 9:30 p.m. on Sunday (up to four times per year) While there is potential for parking conflicts on Sunday, these would be limited to times when either the existing or proposed church hold seldom -occurring special events. In a typical week, the potential for parking conflicts is limited to Friday evenings. The existing Berean Community Church holds college Bible study and youth Bible study starting at 7:00 p.m. every Friday. Friday evening worship services at the proposed church are expected to have the highest attendance of any of the church's services. Existing Parking Supply and Demand LSA confirmed the availability of parking during the proposed hours of operation and paid specific attention to the three time periods when parking conflicts are possible. LSA coordinated with an independent third -party data collection firm, National Data and Surveying Services, Inc., to collect parking data at the Airway Avenue business park. Table A shows the existing parking utilization and availability during the proposed service times. The values shown in Table A reflect the maximum parking demand during the surveyed time period. More detailed information about how parking demand varies during the surveyed time period is available in the attached parking accumulation data. Table A: Existing Parking Demand at 3184-3190 Airway Avenue As Table A shows, the Airway Avenue business park experiences nominal parking demand during most of the proposed church operating hours. However, the existing Berean Community Church does utilize parking during its authorized hours of operation. While the existing church CUP permits services on Sunday evening from 7:00 p.m. to 10:00 p.m. up to four times per year, one of those events was not scheduled during the surveyed period and the Sunday evening data in Table A reflects typical parking conditions that would occur the majority of the year. The maximum parking associated with the existing Berean Community Church is 109 parking spaces according to their CUP. Although the existing Berean Community Church CUP does not specify hours of operation 1121116 «P:WZA1501\3184 Airway Parking.docx» —100— Exhibit (E) Total Spaces Occupied Vacant Weekday 4:00 AM to 6:00 AM 493 70 423 Weekday 7:00 PM to 9:30 PM 493 87 406 Friday 7:00 PM to 9:30 PM 493 76 417 Saturda 4:00 AM to 6:00 AM 493 36 457 Saturday 10:00 AM to 2:00 PM 493 50 443 Saturday 7:00 PM to 9:30 PM Sunda 4:00 AM to 6:00 AM 493 493 36 31 457 462 Sunda 10:00 AM to 2:00 PM 493 172 321 Sunda 7:00 PM to 9:30 PM 493 42 451 As Table A shows, the Airway Avenue business park experiences nominal parking demand during most of the proposed church operating hours. However, the existing Berean Community Church does utilize parking during its authorized hours of operation. While the existing church CUP permits services on Sunday evening from 7:00 p.m. to 10:00 p.m. up to four times per year, one of those events was not scheduled during the surveyed period and the Sunday evening data in Table A reflects typical parking conditions that would occur the majority of the year. The maximum parking associated with the existing Berean Community Church is 109 parking spaces according to their CUP. Although the existing Berean Community Church CUP does not specify hours of operation 1121116 «P:WZA1501\3184 Airway Parking.docx» —100— Exhibit (E) LSA ASSOCIAf ES. INC. during weekday evenings, the church holds adult Bible study at 7:00 p.m. on Wednesdays and Thursdays. The data in Table A reflects the parking conditions when this occurs. Required Parking Costa Mesa Municipal Code (CMMC) Section 13-89 establishes parking standards for nonresidential uses. Churches and other places of assembly require one parking space for each three fixed seats or one parking space for every 35 sf of seating area. The 1,914 sf assembly area would require 55 parking spaces per the CMMC. As Table A shows, at least 55 parking spaces are vacant during all of the proposed hours of operation. Future Parking Demand Some operational details about the facility were provided in a letter dated October 13, 2015. The letter states that of the 140 to 210 members, evening services are typically attended by approximately 50 people, Friday evening services are attended by approximately 150 people, and special events can draw up to 200 people. While average vehicle occupancy (AVO) for the home- work trip may be close to 1.0, vehicle occupancy for other trips, such as to special events, is typically closer to 2.0. From previous projects examining travel behavior to religious services, LSA has found an AVO of approximately 1.7. As shown in Table B, applying an AVO of 1.7 to the operational data yields a potential parking demand for 29 spaces during evening services, except for Friday evening, when the expected parking demand is 88 spaces. During special events (held between 10:00 a.m. and 2:00 p.m. Sunday up to 10 times per year), parking demand could be as high as 118 spaces. Table B: Future Parking Demand at 3184 Airway Avenue Parking Distance from Suite J The proposed place of assembly and worship will occupy 3184 Airway Avenue, Suite J. While Table B shows that sufficient parking remains within the business park to accommodate the proposed use and hours of operation, parking spaces nearest Suites A and J will be the most 1/21/16 R:\AZA150113184 Airway Parking.docx* -101- Exhibit (E) Eidsting Vacant Spaces New Parking Demand Remaining Weekday 4:00 AM to 6:00 AM 423 55 368 Weekday 7:00 PM to 9:30 PM 406 29 377 Frida 7:00 PM to 9:30 PM 417 88 329 Saturday 4:00 AM to 6:00 AM 457 55 402 388 Saturday 10:00 AM to 2:00 PM 443 55 Saturday 7:00 PM to 9:30 PM 457 55 402 Sunda 4:00 AM to 6:00 AM 462 55 407 Sunda 10:00 AM to 2:00 PM 321 118 203 Sunda 7:00 PM to 9:30 PM 451 f 55 396 Parking Distance from Suite J The proposed place of assembly and worship will occupy 3184 Airway Avenue, Suite J. While Table B shows that sufficient parking remains within the business park to accommodate the proposed use and hours of operation, parking spaces nearest Suites A and J will be the most 1/21/16 R:\AZA150113184 Airway Parking.docx* -101- Exhibit (E) LSA ASSOCIATES. INC_ desirable. The competition for close parking spaces may give the appearance of a parking shortfall even when plentiful parking exists a short walk away. Ten parking spaces are located immediately adjacent to Suite A. Seventeen parking spaces are located immediately adjacent to Suite J. Most drivers will have to find a parking space a short distance away and walk to the building entrances. Figure 1, attached, shows the parking spaces and their approximate distance from Suites A and J. Table C restates the vacancy data from Table B and categorizes existing vacant parking spaces based on their distance from Suite J. Table C: Available Parking Spaces by Distance to Suite J As Table C shows, the closest parking spaces remain available for the proposed assembly and worship services on weekday mornings, weekday evenings, Saturday mornings, Saturday midday, Saturday evenings, Sunday mornings, and Sunday evenings. While sufficient parking spaces are available throughout 3184-3190, Airway Avenue, the closest parking spaces would not be available on Friday evenings and Sunday midday due to parking demand generated by the existing church. Up to four times per year, the closest parking spaces may not be available on Sunday evenings due to special events at Berean Community Church. However, during these time periods, sufficient parking would be available within 500 feet, which would require less than 5 minutes to walk and is generally considered to be an acceptable walking distance. Figure 2 illustrates the percentage of currently vacant spaces by distance between 10:00 a.m. and 2:00 p.m. on Sunday (i.e., when parking demand is highest). This is compared to the percentage of vacant spaces by distance with the proposed project. As Figure 2 shows, sufficient parking is available within 500 feet. All of the parking areas noted are within a 5 -minute walking distance, and the closest half of them would be occupied during services for both churches. This is the worst-case scenario, and it is expected to occur up to 10 times per year. On a weekly basis, only the Friday evening hours of operation overlap for the two churches. On Fridays, the spaces within 250 feet are expected to be filled, and the spaces between 250 and 500 feet would be 85 percent vacant. Conclusion The proposed place of assembly and worship at 3184 Airway Avenue, Suite J, will divide the 6,000 sf space into an anteroom and prayer hall, seven offices, storage space, a lunch room, and two restrooms. Assembly will take place within an approximately 1,914 sf area. Exhibit (E) 1/21/16 «P:WZA1501\3184 Airway Parking.docx» —102— New Parking Demand 0 to 250 Feet Existin Vacant Spaces 250 Feet to 500 Feet to 500 Feet 750 Feet 750 Feet to 1,000 Feet Total Weekda 4:00 AM to 6:00 AM 55 95 129 109 90 423 Weekdav 7:00 PM to 9:30 PM 29 79 137 112 78 406 Friday 7:00 PM to 9:30 PM 88 77 134 115 91 417 Saturday 4:00 AM to 6:00 AM Saturda 10:00 AM to 2:00 PM 55 ......... 55 105 98 140 137 118 117 94 91 457 443 Saturday 7:00 PM to 9:30 PM 55 107 139 118 93 457 Sunda 4:00 AM to 6:00 AM 55 110 139 118 95 462 Sundax 10:00 AM to 2:00 PM 118 13 113 109 86 321 Sunda 7:00 PM to 9:30 PM 55 107 136 116 92 451 As Table C shows, the closest parking spaces remain available for the proposed assembly and worship services on weekday mornings, weekday evenings, Saturday mornings, Saturday midday, Saturday evenings, Sunday mornings, and Sunday evenings. While sufficient parking spaces are available throughout 3184-3190, Airway Avenue, the closest parking spaces would not be available on Friday evenings and Sunday midday due to parking demand generated by the existing church. Up to four times per year, the closest parking spaces may not be available on Sunday evenings due to special events at Berean Community Church. However, during these time periods, sufficient parking would be available within 500 feet, which would require less than 5 minutes to walk and is generally considered to be an acceptable walking distance. Figure 2 illustrates the percentage of currently vacant spaces by distance between 10:00 a.m. and 2:00 p.m. on Sunday (i.e., when parking demand is highest). This is compared to the percentage of vacant spaces by distance with the proposed project. As Figure 2 shows, sufficient parking is available within 500 feet. All of the parking areas noted are within a 5 -minute walking distance, and the closest half of them would be occupied during services for both churches. This is the worst-case scenario, and it is expected to occur up to 10 times per year. On a weekly basis, only the Friday evening hours of operation overlap for the two churches. On Fridays, the spaces within 250 feet are expected to be filled, and the spaces between 250 and 500 feet would be 85 percent vacant. Conclusion The proposed place of assembly and worship at 3184 Airway Avenue, Suite J, will divide the 6,000 sf space into an anteroom and prayer hall, seven offices, storage space, a lunch room, and two restrooms. Assembly will take place within an approximately 1,914 sf area. Exhibit (E) 1/21/16 «P:WZA1501\3184 Airway Parking.docx» —102— LSA ASSOCIATES. INC. • The hours of operation are proposed to be: 0 4:00 a.m. to 6:00 a.m. daily, 0 7:00 p.m. to 9:30 p.m. daily, 0 10:00 a.m. to 2:00 p.m. Saturday, and 0 10:00 a.m. to 2:00 p.m. Sunday (up to 10 times per year). • None of these hours of operation conflict with regular weekday business hours (i.e., 8:00 a.m. to 5:00 p.m.1 within the business park. , • However, another church (i.e., Berean Community Church) is located at 3184 Airway Avenue, Suite A, and operates during the hours of: o 7:00 p.m. to 9:00 p.m. Friday, 0 9:00 a.m. to 11:00 a.m. Saturday (once per month), 0 9:00 a.m. to 1:00 p.m. Sunday, and 0 7:00 p.m. to 10:00 p.m. Sunday (up to four times per year). • The operation of the existing church presents potential for parking conflicts from: 0 7:00 p.m. to 9:00 p.m. Friday, 0 10:00 a.m. to 1:00 p.m. Sunday (up to 10 times per year), and 0 7:00 p.m. to 9:30 p.m. Sunday (up to four times per year). The existing parking utilization was collected during each of the proposed time periods for operation of the new church. All surveyed parking spaces were within a 5 -minute walking distance of the proposed church. The parking surveys revealed that sufficient parking remains within 250 feet to meet the new parking demand on weekday mornings, weekday evenings, Saturday mornings Saturday midday, Saturday evenings, Sunday mornings, and Sunday evenings. Up to 10 times per year at Sunday midday and up to 4 times per year on Sunday evenings, new parking demand may require the use of the parking spaces within 250 to 500 feet. On a weekly basis, only the Friday evening hours of operation overlap for the two churches. On Fridays, the spaces within 250 feet are expected to be filled and the spaces between 250 and 500 feet would be 85 percent vacant. Sincerely, LSA ASSOCIATES, INC. Ken Wilhelm Principal Attachments: Figure 1: Project Location Figure 2: Existing and Future Sunday Midday Parking Parking Accumulation Data 1/21/16 «P:1AZA1501\3184 Airway Parking.docx» -10.3- Exhibit (E) L S A LEGEND ® - Parking Space 1, 250 Feet Away - Parking Space 250 - 500 Feet Away Parking Space 500 - 750 Feet Away 0 100 200 - Parking Space 750 - 1,000 Feet Away FEET �) XX- i - Number of Marked Spaces (Total 493 Spaces) SOURCE: Google Earth 1:\AZA15011GV.ocation.cdr (1/20/16) FIGURE 1 3184 Airway Suite J Project Location Exhibit (E) L S A LEGEND T Parking Space 0 - 250 Feet Away 0- Existing Percent Full 0 - Parking Space 250 - 500 Feet Away rT& _ Future Percent Full Parking Space 500 - 750 Feet Away 0 100 - Parking Space 750 - 1,000 Feet Away FEE' I xXx j Number of Marked Spaces (Total 493 Spaces) SOURCE: Google Earth I:\AZA1501\G\Sunday Parking.cdr (1/20/10) — FIGURE 2 3184 Airway Suite J Existing and Future Sunday Midday Parking Exhibit (E) I ©T if _1b91' EROSION c mem e� mee e 9 ¢a i e e � ee 31111111111111111 e 1:111111111111111 o � S1111111111111111 ��e � e e, ■ 0 _1b91' v c mem � ee e o � ■ 0 _1b91' mBilillollill-ill �o I� ao e ae , �mm i dog e B ON 011111111111111 � ° ease �I M111111111111111111111111111111 III E vase m Jill MINIMUMi B �o ao SOI , dog e6 ° �I � E vase m Jill B _'f>. 0 10 011 i 18 OU6 r' .�, . _ i IO'61 13f 007 vM4, ,..oi5. ozz oo� 021 of9 6 V 0.18d1.i 023 . _ X024 ' 01,9 r. 025- 4 Ira. D26_`� 028 proo4AWOL R00# 03 02 003. 034' I f 038 035 037. a LS 20 E ASSOCIATES INC. 20 EXECUTIVE PARK, SUITE 200 IRVINE, CALIFORNIA 92614 MEMORANDUM DATE. February 24, 2016 TO, Salim Rahemtulla FROM, Ken Wilhelm FRESNO RIVERSIDE 741,5fi3,06GG TEL BERKELEY PALM SPRINGS ROCKLIN 749.553.8076 FAX CARLSBAD PT, RICHMOND SAN LUIS OBISPO SUBJECT. Follow-up to Parking Study for 3184 Airway Avenue, Suite J On January 21, 2016, LSA Associates, Inc. (LSA) prepared a parking analysis for the proposed use of 3184 Airway Avenue, Suite J as a religious facility. The report identified that the weekly peak parking demand (during operation of the Berean church and the proposed church) would occur on Friday evenings, when all of the parking spaces within 0 to 250 feet (ft) of Suite J would be occupied; however, 85 percent of the parking spaces between 250 and 500 ft of Suite J would be vacant. The worst-case scenario would occur up to 10 times per year when Suite J hosts special religious events. During these limited times of peak demand, all vehicles could still be parked within 500 ft of Suite J. On February 18, 2016, you communicated to LSA that questions were raised during the Planning Commission hearing related to an acceptable walking distance. Academic research within the planning profession has sought to identify an average person's acceptable walking distance variables that may affect the acceptable distance. The state of the practice considers 0.25 mile (1,320 ft), or a 5 - minute walk, to be an acceptable distance (although in certain circumstances longer distances are acceptable). All parking spaces included in the January 21, 2016, Parking Study are within a 5 -minute walking distance. The parking study concluded that all vehicles parked for the proposed religious use in Suite J would be parked within 500 ft, even in the worst-case scenario. Figures 1 and 2 have been revised to illustrate distances within the business center parking lot. LSA prepared an additional figure (Figure 3, attached) to provide a reference to help visualize a 500 ft walking distance. For example, at South Coast Plaza, the parking spaces nearest the entrances fill up first, but on weekends the available parking spaces are at the ends of the aisles, which are over 500 ft from the entrances. This is a distance walked by many customers on busy days when closer parking is already filled. Of course, additional distance must be walked from the entrance of South Coast Plaza to the store being visited. Figure 3 also shows the Bridge of Gardens. This bridge connects South Coast Plaza to the Crystal Court, is over 800 ft in length, and sees regular pedestrian traffic. In our opinion, both planning standards and local examples indicate that a walking distance of up to 500 ft is acceptable and as such, there will be adequate on-site parking provided for all uses within the business complex during the peak periods. Attachments: Revised Figure 1: Project Location Revised Figure 2: Sunday Midday Parking (10 times per year) Figure 3: Walking Distance Comparison 2/24/16 «PA A7A150[\DiSLance Memo.docx» Ito L S A LEGEND FIGURE I M - Parking Space 0 - 250 Feet Away - Parking Space 250 - 500 Feet Away ry - Parking Space 500 - 750 Feet Away 0 too 200 Parking Space 750 - 1,000 Feet Away 3184 Ain-vay Suite J FEET - Number of Marked Spaces (Total 493 Spaces) Project Location SOURCE: Google Earth [AA.ZA 1501\G\Location.cdr (2/23/16) LSA y 0 100 200 FEET SOURCE: Google Earth LEGEND _ - Parking Space 0 - 250 Feet Away - Parking Space 250 - 500 Feet Away ! - Parking Space 500 - 750 Feet Away - Parking Space 750 - 1,000 Feet Away 0 - Number of Marked Spaces (Total 493 Spaces) 1AA7Al OWl Sunday Parking.cdr (2/23/16) - Existing Percent Full - Future Percent Full I12 — FIGURE 2 3184 Airway Suite J Existing and Future Sunday Midday Parking 113-. Liz y O U v x a L an 113-. 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CO) T M r ce) LL LL LL w LL k� Q 0 O Q O LLQ W ELF WL" cl O s- �7 2 4 N '• Z Y , 4 w F ' S h OD m T- M M M OD if LL LL LL m o 0 o 4=41L LL a o © w u7 zn u] a z z z (n ' R z Lli 3 OD �{ O•J 7 W LL LL r } r ❑❑ cn LL LL ' W W D `I ❑ ❑ L. W LU _ ! u] H L. p � p z ;• V7 V3 LL! D f!} ' LL d et co 00 co '� co r. r +r r m CO) LL tu1■. LL ❑ o 0 0 _ LU LU i , LU ipG ❑ ❑ S— U) C/] 70 z W , a LLJ t -MEMO=@ A IT co r L'7 w 0 co r [Vi LL W _O N W LL I (1) z ■ 00 VII cl LL 0 tu 0 I ri LL LLI 4 co T" Cd) LL 0) w Ar W 4DO I .re cn w Aik. ME LL 0 LU LU I IU) -7 co V - LL U. 0 0 LU LU Cal a re CO) Z Z LL W (b co V- cn LL F -K Z co W 0 U) 0 LLI 2 ci LL F -K Z co LL ❑ .4 - (b 00 CIP) LL LL 0.- 0 LLJ uj U) CO) LLI L W 0 U) LL ❑ .4 - (b 00 CIP) LL LL 0.- 0 LLJ uj U) CO) LLI L Irvine Police Department has no record of parking violations associated with 17965 Sky Park Circle #D Irvine, CA. A. Broesamle #9889 Irvine Police Department 1 Civic Center Plaza Irvine, CA 92606 949-724-7000 —12 Y i � I i u a°. :2P: I2'j N W Ip - Ln r0 co ao �. Ln N o0 00; P% LniLni9! poll. w • a0 : In : co • :ao:n• : I!f : ao,nl .ti : 1O w m: ao iii Im N Of lm 1n °aS a° f j j 111 i CLtko N N I t i Y a mCL I i - i E LA r, a N lO I n 10 P 10 jm ry 1O : rl ' w d U," a : ,4 , m : EvEm: .+ oo . Ev.mf .+ v;m oo :.� oo :a In :.•I.10 • :aEmi of ry : a ; vE v :v: N : a1 m v: N v c M- i CL f L��{ 10 u i+ 1� N �P:�: 101 N:'•1 :r— x; :10;Nj :n:N� r4 O :...li d• P 11nj mi] N N 0 4- 1J N L i I I j ro i f 1F O • V N N N N N � 1 : : • 1 to � i i � 1 Z � � i O O n' � O n O� n O n O• N• ml O �0= � N � i = i E: E; ; E: E I E E: E E; E e m, : E: E E °m n :$'m; '$•m; $;m ISjm; S:mi g ga 3 m f0 . N:m: d i En y,1 m: n' m' c m' n m' n m• a� m-'° y E a? u` �] E a a 5 8: g#8 8•,8 8 8 8 8 8 $ E $� 8 g`�E, 18� = j O t O � n � n' E t E d IA �:$ E E:$ ai a yoE gE. �won Z Z . ZZ 0 Z$ 0 Z$ Ei: Z$ n o 0 Z- Z 0 jZjon # c Y j � W O � � W � �' W � � I W t : ]•. � W � ; W i m �• � c ` W N r•r � C ` � W riLUENtU CITY CLF -RK IG FEB 16 PH 2. 31 EXHIBIT F -12b- CITY OF COSTA MESA P D DOX 1200 • 71 FAIR DR1YE • CALIFORNIA 4i &1200 r DEvanpoEar zmvices DW%RTYENT May 20, 2010 Kirstin Emershew 1609 E. McFadden, Ste. C Santa Ana, CAS 92705 RE: ZONING APPLICATION ZA-10,22 MINOR CONDITIONAL USE PERIAri TO DEVIATE FROM SHARED PARKING REQUIREMENTS FOR A CHURCH USE 3184 A AJRV AY AVENUE COSTA MESA Dear Ms. Emershaw: Review of the minor conditional use permil for the above -referenced project h.as been completed. The application, as described in the attached project description, has been approved, based on the findings and subject to the conditions of approval (attached). The decision will became final at 5 P.M. on May. 27, 2010, unless appealed by an affected party (including filing of the necessary application and payment of the appropriate fee) or by a member of the Planning Commission or City Council. if you have any questions regarding this letter, please feel free to contact the project planner, Wendy Shih, at 714-754-5136, between 1 p.m. and 5 p.m. or via email at wshih ci cas -me .ca. Sincerely, 4 Wfl- BOUWENS-KILLEEN, AICP Zoning Adrninistrator Attachments: Project descripiion Findings Conditions of approval and Code Requirements Approved conceptual plans cc: Engineering Kerry Rutkin Fire Protection Analyst 5811 Grimsby Dr. Building Division Huntington Beach, CA 92649 Peter Kim David Hasan 14331 Raintree Road Pacific West Asset M9rnt r %or'P. Tustin, CA 92780 P.O. Box 19WB Irvine. CA 926223 ou'yy M'"'Onps4j15+•9477 . COM &QUtemrt,ou)7!P4462s • PWwW140000 I714)7S,44M (AA jP tSI 7.'.4-AdM WOU CT14I 751.6414 • ww ""031041"" eggs —129- ZAP40-22 May S0, 2010 PROJECT DESCRIPTI N • The project site is located in a 5,936 square -foot industrial candominium building within the Kull Irvine Center. It is zoned MP (Industrial Park) and has a General Plan designation of Industrial Park • The applicant requests approval of a minor conditional use permit (MCUP) to deviate from shared parking requirements for a church use (Berean Community Church). The Code requires 119 parking spaces for the church based on 4,168 square feet of seating area; 18 parking spaces are allocated for this suite based on indusWal parking rate. Panting impacts are not anticipated due to offset hours of operation since tfie applicant proposes to use the building for Sunday worship services. evaning bible studies, and monthly Saturday meetings only when the majority of the other businesses in the development are closed. The church anticipates that they will use, at most, approximately 1 D9 parking spaces during offset hours (weekends and after 7 p.m. ars weekdays); approximately 475 parking spaces exist on-site in the immediate common area. The proposed use is compatible with existing office uses on-site since it will not affect existing on-site parking demand during the day and use of the building for church assembly will occur during offset hours. • The General Plan permits a church use in the lndustrial Park land use designation provided that land use compatibility and traffic issues are addressed. Therefore. approval of the MCUP Is consistent with the General Plan. FINDINGS 1. The information presented substantially complies with Section 13-29(e) of the Costa Mesa Municipal Code in that: a. The proposed use is compatible and harmonious with uses on-site as well as those on the surrounding properties, b. Safety and compatibility of the design of the buildings, parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. c. The General Plan permits church uses within the property's Industrial Park land use designation provided that land use compatibility and traffic issues are addressed. Since the proposed use will not impact on-site parking due to the offset hours of operation, approval of a MCUP is consistent with the General Plan. d. The planning application is for a project -speck case and does not establish a precedent for future development. IA -10-22 May 20.2010 2. The minor conditional use pernik to allow a deviation from the sharod parking requirement complies with Costa Mesa Mun'rclo Code Section 13-29(g)(2) In that the proposed use is substantially compatible with developments in the same general area. Granting the minor conditional use permit wilt not be detrimental to the health, safety and general welfare of the public or other prafaerties or improvements within the irnrrtediafie vicinity. Specifically, parking impacts are not anticipated due to offset hours of operation. Granting the minor conditional use permit Will not allow a use, density or intensity, which is not In accordance with the General Plan designation for the property. 3. The project has been reviewed for compllance with the California Environmental Quality Ad (GEG3A), the CEQA Guldeilnes, and the City err�lronmental procedures, and has been found to be exempt from CEQA under Section 15301 for Existing Fadities. 4. The project is exempt from Chapter- xll, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. CONDITIONS OE APPRQVAL Ping. 1. If panting shortage or other parking -related problems arise, the applicant shall Institute whatever operational measures are necessary to minimize or eliminate the problem, including, but not limited to, reduction of assembly sizes or modification of assembly hours. 2. Operation of the church shall be limited as descrlbW in the project description and applicant's Wter dated April 1, 2010 (assembly on weekends and after 7 p.m. on weekdays only). Any expansion or modification of the number of attendees or assembly hours may require approval of a minor conditional use permit. 3. All services and/or activities shall occur inside the building only. 4. The applicant/operator shall be responsible for cleanup and removal of any trash from the parking area and common area after each service. 5. A copy of the condRi❑ns of approval for the oonditional use permits must be kept on premises aril presented to any authorized City official upon request. New businew[property owners shall be notified of conditions of approval upon transfer of business or ownership cf land. CODE REQU REMENTS The following list of federal, states and local laws appficabie to the project has been compiled by staff for the applice4s reference. Any reference to "City" pertains to the City of Costa Mesa. Ping. 1. Approval of the zoning application is valid for one (1) year from the effective date of this approval and will expire at the end of that period unless applicant Bat8131181hes the use by one of the fnilovAng actions_ 1) obtains building permits for the authorized construction and inidates construction; and/or 2) obtains a business license and/or legality 12a_ - - _ _ YA 10.22 May 20, 2010 establishes the use. If the applicant is unable to establish the use/obtain building permits within the one-year time period, the applicant may request an extension of time. The Planning Division must receive a written request for the time extension prior to the expiration of the zoning application. 2. The minor condiSonai use permit herein approved shall be valid until revoked. The minor conditional use permit may be referred to the Planning Commission for modification or revocation at any time. if the conditions of approval have not been complied with, if the use is operated In violation of applicable laws or ordinances or, if in the apin€on of the Development Services Director or histher designee, any of the findings upon which the approval was based are no longer applicable. Nothing In this condition shall exempt the applicant from complying with any time ilmtts applied to any construction authorized by this application. 3. All noise -generating construction activities shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise - generating construction activities shall be 2rohibiton Sunday and the following Federal holidays: New Years Day, Memorial Day, Independence Day. Labor Day, Thanksgiving Day and Christmas Day. 4. Permits shall be obtained far all signs according to the provisions of the Costa Mesa Sign Ordinance. Bus. 5. Ali contractors and subcontractors must have valid business licenses to Lic, 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. 6. if construction is required, comply with the requirements of the 2007 Callfomia Building Coda, California Electrtcal Code, California Mechanical Code and California Plumbing Code (or the applicable adopted Calitomia Building Code, California Electrical Code, California Mechanical Code and California Plumbing Code at the time of plan subrrOal) and California Code of Regulations. Title 24 energy, also known as the Califomia Building Standards Code, as amended by the City of Costa Mesa. REVEL April 1, 2010 Planning IN visite City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Received CRY of Costa Mesa 3e: Co mWonof We PeanhAppricatlon—projodDesuription Project Address: 318" Airway Dear Planning Staff, APR 0 S 2010 I am the authorized agent for the Oman Community Church I;the 'Applfcant'j, a 230 -member Christian church that was formed in 1997 and is currently located In the City of Tustin. The Applicant is in escrow to purchase 3184-A Airnvay in the Koll/irvine Center. Their intention is to use this approximate 5,936 square foot building for their Sunday worship services and evening bible studies. The Applicant Is requesting the approval of a Conditional Use Permit. Per the City of Costa Mesa's toning code, a church use is conditionally permitted in Industrial Zones. Further, Church uses have been approved in the past in the Koli/Irvine Center, There is no significant Impact to parking as all church hours take place outside of normal business hours on evenings and weekends; therefore, this use is compatible with the surrounding area. The required number of on-site parking spaces, per the Zoning code, Is approximately 127. The applicant's share of the common perking is 18 spaces. The Applicant has requested that the Koll/Irvine Center Association grant them the right to use the additional required on-site parking spaces during the times outlined below: - Sunday WorJW — 9:00 a.m. — 2:00 P.M. — 109Associatlan spaces needed - Friday bible Study — 7:00 p -m. — 9:00 P.M. —15 — 20 Association spaces needed - SadedayWm1h9 — once per month 9:00 a.m. —11:00 a.m. --5 —10 Association spaces needed Sunday Connnunfly Events — 4 times per year from apprnWmately 7:00 p.m. —10.00 p.m. — 109 Assodadon spaces needed As the Applicant's administrative offices are at another location, this building Is going to be used strktly as Ow church's soxh ary during non -business hours. The ApplkwWs use In the park wpb therefore be a benefit as their share of the perking will Avays be avallable to the neighboring owners during business hours. 1609 E McFadden Ave nm Suite C - Sena Arm. California 92705 Te! 949-274-2015 - Fax 949-209L 1980 - wwwxevepacific.com -- Conditional Use Piermlt Apia on — 3184-A Akway— Project L;maiptio. Pap 2 The Applicant Is requesting to use the parking spaces that are Shared by addresses 3184, 3386 and 3188. There are a total of 475 parking spaces that serve this arae of the development. The Applicant is only in need of 309 spaces so there is more than enough parking spaces to meat the parking requirement. Further, the churches that are currently occupying buildings In the Koll / Irvine Center are not located near to buikhng 3164-A. We hope that you approve our application. We are very much looking forward to being part of -the Costa Mesa community. Sincerely, rs Asa EMemhaw Authorized Agent 1609 E. McFadden Avenue, Suiue C • Sana Ana. CalftFn a 92705 TCI 949-274-2011- Fax 949-209-1999 • Www.revep 'd&C.corn 3'2. - CITY CLEFT 16 FEB 16 PIS Z. 31 [:l i Y ©f CCa f A MESA EXHIBIT G I"pNet - Church. Religious. Religious Facitity.3184Airway ,.- http://www.loopnrA.conVxNcVMainSitc/UsdngiPIrofilelPrintProf... Team Spirit Realty Daniel and Hafty Hoeg — (714) 900-1312 Special Purpose Property For Sale Church, Religious 3184 Airway Ave, Costa Mesa, CA 92626 Price: $2,450,000 Building Size: 6,000 SF Price/SF: $408.33 Property Type: Special Purpose Property Sub -type-. Religious Facility Property Use Type! Vacant/Owner-User Mir Commission Split: 2% Listing ID 19448847 Lost Updated 1 day ago Find Out More... Map of 3184 Airway Ave, Costa Mesa, CA 92626 (Orange County) lo(2 134 2/13/16.6-03 PM rl fECEIVVLb CITY CLERK 16 FEB 16 PM 2= 31 C'iY U F IL' OSIA MV 5A EXHIBIT H _ 135- `'%�t� or'A.. REQUEST FOR ZONING ADMINISTRATOR ACTION M)r MEETING DATE: February 10, 2016 TITLE: CONDITIONAL USE PERMIT WITH ADMINISTRATIVE RELIEF FOR SHARED PARKING AT AN OFF-SITE LOCATION FOR BEREAN COMMUNITY CHURCH; LOCATED AT 17911 MITCHELL SOUTH IN PLANNING AREA 36 (IRVINE BUSINESS COMPLEX) Zoning Coordinator RECOMMENDED ACTION 1. Open public hearing; receive public input. 2. Close public hearing. 3. Adopt RESOLUTION NO. 16-1321, A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF IRVINE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 00650904-PCPM WITH ADMINISTRATIVE RELIEF= FOR SHARED PARKING AT AN OFF-SITE LOCATION FOR BEREAN COMMUNITY CHURCH; LOCATED AT 17911 MITCHELL SOUTH IN PLANNING AREA 36 (IRVINE BUSINESS COMPLEX) EXECUTWE SUMMARY Berean Community Church has filled an application for a conditional use permit (CUP) to operate a church facility at 17911 Mitchell South. The project site is located in Planning Area 36 (Irvine Business Complex) within the 5.1 Multi --Use zoning district (ZA Attachment 1). The applicant proposes minor interior alterations, to convert the existing two-story, 21,370 square foot office and warehouse building to a church use (?A Attachment 2). The application includes a request for administrative relief for shared parking at an off-site location less than 0.25 mile south of the project site, and the applicant has provided a shuttle operations plan to ensure that guests are able to safely and efficiently travel between sites. The proposed CUP is consistent with the City's General Plan and Zoning Ordinance. With the exception to the administrative relief request for parking, the proposed church facility is designed to most all current development standards. Therefore, staff recommends the Zoning Administrator adopt Resolution No. 16-1321 approving CondWwaF Use Permit 006509194E-PCPM with Administrative Relief, subjed to the conditWs contained therein (ZA Attachment 7). _136- Zoning Adminlstrator Meering February 10, 2018 Page 2 of 4 COMMISSION l BOARD I COMMITTEE RECOMMENDATION Not applicable. ANALYSIS Berean Community Church is proposing to operate a church facility at 17911 Mitchell South. The project is located in the westemmost portion of Planning Area 36, to the north of Fitch and east of Cowan. The CUP will convert the existing two-story, 21,370 square foot office and warehouse building to a church facility through several inierlor atterations, including the creation of a large sanctuary area and several ofte and study rooms. The first floor of the building will contain the main sanctuary and offices and group rooms for Sunday school and Bible study. The second floor of the building will contain additional offices and storage rooms (ZA Attachment 3). The church will be staffed by two pastors during regular weekday business hours. Alt church service., however, are proposed outside of weekday peak hours. Regular hours of operation for Berean Community Church are Sundays between 8:30 a.m. and Z p.m., during which two separate services are offered. Additionally, weeknight services are offered on Wednesday, Thursday and Friday evenings from 7 p.m. to 9 p.m., with approximately 50-90 attendees at each service. Based on the proposed hours of operation, there is no traffic impact associated with the proposed use. Standard Condition 6.16 has been included in the resolution to ensure that service times remain outside of peak hours. Additionally, during the review of the proposed project several requirements for site improvements were discovered. These requiremin trf include upgrading the project driveway to be in conformance wits► City Standard Plans, installation of a new pedestrian walkway providing direct connection from the public sidewalk to the project site, and restriping of certain parking spaces to ensure that adequate back-up distance is provided at all locations throughout the site. These improvements, which have been agreed to by the applicant, are included in the project resolution of approval as Conditions 4.12, 4.13 and 4.14. Administrative Relief for Pefking Zoning Ordinance Section 4-3-4(49), Automobile Perking Matrix, specifies that places of worship are required to provide parking at a ratio of one space per every three faced seats, and one space for every 35 square feet of adult assembles used simultaneous with main assembly_ With a total of 400 fixed seats, Berean Community Church is required to provide a total of 134 parking spams. As proposed, the site accommodates 49 parking spaces, resulting in a deficiency of 85 parking spaces. Since parking requirements cannot be met utilizing the sparer available on the subject property, Zoning Administrator Meeting February 10, 2016 Page 3 of 4 Administrative Relief is being requested, in accordance with Zoning Ordinance Section 4-6-3, for shared parking at an off-site location. The applicant has provided a shared parking agreement with VQ Orthocare at 18011 Mitchell South to utilize up to 136 parking spaces for offsite parking (2A Attachment 4). VQ OrthoCare operates on weekdays within the hours of 7 a.m. and 7 p.m, The business is closed during the weekend and during the evening hours when services are proposed at Berean Community Church. As such, there is no conflict in parking demand. With the availability of parking spaces 'at the off-site location, Bersen CatMnunity Church is able to meet their parking requirements ars follows: Required: 134 spaces Provided: On-SJte: 49 spaces Off -Silo: 138 snaoes 185 spaces The off-site parking location is situated less than 0.25 mile south of the project site. However, there is no contiguous stretch of sidewalk joining the two 100tions to one another. As such, the applicant -has provided a shuttle operations pian to ensure that parishioners and visitors are able to travel safely and efficiently between the off -sited parking location and the church (ZA Attachment 5). Staff is supportive of the request for shared parking at the oft -site location, as the church use creates parking demand outside of the typical business hours for VQ OrthoCare, the off-site location is within proximity to the church and a shuttle plan has been developed to ensure that access between the two locations is as etficient as possible. A notice for tto proposed project was malted to all property owners and term is within 504 feet of the project site and also posted at the site and the City's public notice boards on January 25, 2018. As of the writing of this report, staid has received no calls, emails or other communication requesting information or commenting on the proposal. ENVIRONMENTAL REVIEW Pursuant to Section 4 of the City of Irvine CE0A procedures and Article 19 of the State California Environmental Quality Act (CEQA) Guidelines, it has been determined that the proposed project has been found to be categorically exempt from the requirements of CEQA under Section 15301, Class 1, Existing Facilities. A Notice of Exemption has been prepared for the project and is attached for reference (ZA Attachment 6). - 3s- Zoning Administrator Meeting February 10, 2016 Page 4 of 4 ALTERNATIVES CONSIDERED Not applicable. FINANCIAL IMPACT Not applicable. REPORT PREPARED BY ZA ATTACHMENTS Calvin Mingione, Aawdate Planner ZA Attechmant 1: Vicinity Map ZA Attachment 2: Information Sheet ZA Attachment 3: Project Plans ZA Attachment 4: Parking Permission and Agreement ZA Attachment 5: Shuttle and Parking Operations Pian ZA Attachment 6: Environmental - Notice of Exemption ZA Attachment 7: Resolution No. 16-1321, approving Conditional Use Permi 00650904-PCPM with Administrative Relief cc: Pastor Peter Kim, Berean Community Church (berean David Lee clavi Slee maif.cam Joel Belding, Principal Planner Eric Rubery, Senior Planner Files: 00650904-PCPM 13Q--- ATTACHMENT 4 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA UPHOLDING THE PLANNING COMMISSION DENIAL OF ZONING APPLICATION ZA-15-38, WITHOUT PREJUDICE, FOR A MINOR CONDITIONAL USE PERMIT FOR A DEVIATION FROM SHARED PARKING REQUIREMENTS DUE TO OFF -SET HOURS OF OPERATION FOR A RELIGIOUS EDUCATION AND CULTURAL ASSEMBLY USE AT 3184 AIRWAY AVENUE, SUITE J THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed Salim Rahemtulla, authorized agent for Randy Shafer, the property owner, requesting approval of the following: Zoning Application ZA-15-38, which was approved by the Zoning Administrator on December 10, 2015, a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. • Saturday 10:00 a.m. — 2:00 p.m. • Sunday 10:00 a.m. — 2:00 p.m. (10 times per year). The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. WHEREAS, a duly noticed public hearing held by the Planning Commission on February 8, 2016 with all persons having the opportunity to speak for and against the proposal; and WHEREAS, the Planning Commission reversed the Zoning Administrator's approval and denied, without prejudice, ZA-15-38 on a 3-2 vote; and WHEREAS, an appeal of the Planning Commission's denial was filed by the applicant on February 16, 2016. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the City Council hereby upholds the Planning Commission's decision and DENIES, WITHOUT PREJUDICE, Planning Application ZA-15-38 with respect to the property described above. 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 15th day of March, 2016. STEPHEN M. MENSINGER Mayor, City of Costa Mesa ATTEST: APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA —1-41- STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 16_ as considered at a regular meeting of said City Council held on the 15th day of March, 2016, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 15th day of March, 2016, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2016 — 1AZ_ EXHIBIT A FINDINGS (DENIAL) A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed use is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. Facts in Support of Findings: Evidence presented during the hearing showed that the parking demand for the proposed use would not be compatible with uses in the surrounding area, specifically, an existing church with offset hours of operation at 3184 Airway Avenue, Suite A (Berean Community Church). Public testimony at the hearing, which included representatives from the Berean Community Church, indicated that the parking demand for the existing church result in parking spaces throughout the property being occupied by churchgoers during their hours of operation, which would be exacerbated with the parking demand of the proposed use. As a result, the proposed use is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. Finding: Granting the minor conditional use permit will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in Support of Findings: Based on the public testimony received during the meeting, the close proximity of two similar uses on the same property would be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Specifically, resulting in a shortage of available on-site parking spaces for other tenants and customers. Finding: Granting the minor conditional use permit will allow a use, density, or intensity which is not in accordance with the General plan designation. Facts in Support of Findings: Photographic evidence was presented during the hearing indicating that the existing church use operating at the property creates a shortage of available parking spaces for surrounding tenants and customers. Therefore, granting the minor conditional use permit will allow a use, density, or intensity which is not in accordance with the General plan designation for the property. B. Denial would not place a "substantial burden" on the religious activities of the project. Facts in Support of Findings: The existing church currently operates at a different location. Moreover, there are other locations within the City of Costa Mesa that may accommodate the proposed project. 4.3 C. There is a "compelling governmental interest" to support the denial. Facts in Support of Findings: Evidence presented during the hearing showed that the parking demand for the proposed use would not be compatible with uses in the surrounding area, specifically, an existing church with offset hours of operation at 3184 Airway Avenue, Suite A (Berean Community Church). Public testimony at the hearing, which included representatives from the Berean Community Church, indicated that the parking demand forthe existing church result in parking spaces throughout the property being occupied by churchgoers during their hours of operation, which would be exacerbated with the parking demand of the proposed use. As a result, the proposed use is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. D. Denial is the "least restrictive means of furthering that compelling governmental interest." Facts in Support. of Findings: Due to the hours of operation required of the project that conflict with the hours of operation of existing businesses within the industrial park, the MCUP may not be conditioned so as to approve the use at this location. E. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a), CEQA does not apply to this project because it has been rejected and will not be carried out. F. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. v��r RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA REVERSING THE PLANNING COMMISSION'S DECISION AND APPROVING ZONING APPLICATION ZA-15-38, FOR A MINOR CONDITIONAL USE PERMIT FOR A DEVIATION FROM SHARED PARKING REQUIREMENTS DUE TO OFF -SET HOURS OF OPERATION FOR A RELIGIOUS EDUCATION AND CULTURAL ASSEMBLY USE AT 3184 AIRWAY AVENUE, SUITE J THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed Salim Rahemtulla, authorized agent for Randy Shafer, the property owner, requesting approval of the following: Zoning Application ZA-15-38, which was approved by the Zoning Administrator on December 10, 2015, a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. • Saturday 10:00 a.m. — 2:00 p.m. • Sunday 10:00 a.m. — 2:00 p.m. (10 times per year). The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. WHEREAS, a duly noticed public hearing held by the Planning Commission on February 8, 2016 with all persons having the opportunity to speak for and against the proposal; and WHEREAS, the Planning Commission reversed the Zoning Administrator's approval and denied, without prejudice, ZA-15-38 on a 3-2 vote; and WHEREAS, an appeal of the Planning Commission's denial was filed by the applicant on February 16, 2016. 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. —14s 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 Zoning Application ZA-15-38. 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 Zoning Application ZA-15-38 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 15th day of March, 2016. STEPHEN M. MENSINGER Mayor, City of Costa Mesa ATTEST: APPROVED AS TO FORM: CITY CLERK OF THE CITY ATTORNEY CITY OF COSTA MESA STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above Council Resolution Number 16_ as considered at a regular meeting of said City Council held on the 15th day of March, 2016, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 15th day of March, 2016, by the following roll call vote: AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of 12016 1.49 EXHIBIT A FINDINGS (APPROVAL) A. The information presented complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that: 1. The proposed use is compatible and harmonious with developments in the same general area and would not be materially detrimental to other properties within the area. The proposed use will have offset hours of operation that will minimize any parking impacts on surrounding uses. The use is quiet in nature and will not have any noise impacts on surrounding uses. 2. Granting the minor conditional use permit will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. All activities will take place underroof. The center will be in operation only during the early morning, evening, and weekends, when most other businesses in the center are closed. 3. Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordance with the General Plan designation and any applicable specific plan for the property. The proposed use does not substantially increase the density or intensity at the property since no building area will be added; the use will operate outside normal business hours; and is quiet in nature. B. The information presented complies with Costa Mesa Municipal Code Section 13-29(e) in that: 1. There will be a compatible and harmonious relationship between the proposed building and the site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. Parking impacts will be avoided by conditioning the religious education and cultural center to operate during the early morning, evening, and weekends only. 2. Safety and compatibility of the design of buildings, parking area, landscaping, luminaries, and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation have been considered. The proposed hours of operation are during the early morning, evening, and weekends only and adequate parking exists for both this use as well as the existing church at 3184 Airway Avenue, Suite A; therefore, no traffic or parking impacts are anticipated. 3. The project complies with performance standards described elsewhere in this Zoning Code, and is conditioned to operate as described in this staff report. 4. The use is consistent with the General Plan in that a religious and cultural education center is considered a compatible use in the Industrial Park land use designation. 5. This zoning application is for a project -specific case and is not to be construed to be setting a precedent for future development. C. The project has been reviewed for compliance with the California Environmental Quality — Ili$— Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt under Section 15301, Existing Facilities, of the CEQA Guidelines. D. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. — I gq-- EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation described in this staff report: a religious education and cultural assembly center with the following hours of operation: Monday -Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year) Any change in the operational characteristics including, but not limited to, type of service provided or hours of operation will require approval of an amendment to the minor conditional use permit, subject to Zoning Administrator approval. 2. All uses shall be conducted within the tenant space (underroof). 3. If parking shortages or other parking -related problems arise, the center operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, modifying the hours of operation. 4. The conditions of approval and ordinance or code provisions of zoning application ZA-15-38 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of /utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 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. Approval of the zoning application is valid for one year 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) obtains building permits for the authorized construction and initiates construction; and/or 2) obtains a business license and/or legally establishes the business. If the applicant is unable to establish the use/obtain building permits within the one-year time period, the applicant may request an extension of time. The Planning Division must receive a written request for the time extension prior to the expiration of the zoning application. 2. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. Bldg. 3. Comply with the requirements of the 2013 California Building Code, 2013 California Electrical Code, 2013 California Mechanical Code, and 2013 California Energy Code (or the applicable adopted, California Building Code, California Electrical Code, California Mechanical Code, and California Energy Code at the time of plan submittal or permit issuance) and California Code of Regulations also known as the j SO - 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 2013 California Building Code. 4. Requirements for accessibility to sites, facilities, buildings, and elements by individuals with disability shall comply with chapter 11 B of the 2013 California Building Code. 1. Accessibility shall be to and through the front door and to the commercial space from the public sidewalk. 2. Accessible restrooms/bathrooms in the commercial space. 3. Accessible parking. 4. Accessible entry door, ramps, landings, sidewalks, hallways, strike edge clearances, and elevation changes. Additional access requirements may be required as per 2013 California Building Code. 5. 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. 6. If required, a business license shall be obtained prior to the initiation the business. 7. The applicant shall submit a $2,172 Traffic Impact Fee to the Transportation Division prior to the effective date of the Minor Conditional Use Permit. The traffic impact fee is based upon the average daily trip generation rate of 9.11 net trip ends for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the Minor Conditional Use Permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary District at (949) 645-8400 for current district requirements. CDFA 2. Comply with the requirements of the California 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. AQMD 3. Applicant shall contact the Air Quality Management District (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. ATTACHMENT 5 LEE, MEL From: BOUWENS-KILLEEN, WILLA Sent: Tuesday, February 23, 2016 2:26 PM To: Bereanpk@gmail.com Cc: emailmarklim@gmail.com; GOATES, DAVID; LEE, MEL Subject: RE: Letter in Response to Willa Bouwens Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Pastor Kim, Thank you for the clarification; it is most appreciated. As I stated in my letter, your approval was for the use of 109 parking spaces; any increase over that would need to be approved by the City's Planning Division. It would appear from your information, however, that you continue to comply with that requirement. If anything changes, please let the Planning Division know so it can be accounted for. Since the time you processed your minor conditional use permit, we have received direction that we cannot require approval by the association to use the parking. However, as part of our normal notification procedure, the association was notified, which resulted in their protest letter. That input was considered as part of the initial and ultimate decisions. I believe when I spoke with you, Pastor Kim, I had informed you that the denial of the cultural center under ZA-15-38 has been appealed; I wanted to let you know that is scheduled for the City Council meeting of March 15, 2016. Again, thank you for your response. Please let me know if you have any questions. Sincerely, Willa Bouwens-Killeen, AICP Zoning Administrator City Of Costa Mesa 77 Fair Dr. Costa Mesa, CA 92626 714.754.5153 fax 714.754.4856 W ilia. Bo�twen s-Kil IeenCu�costatrmesaca.gov From: mark Lim [mailto:emailmarklim@gmail.com] Sent: Tuesday, February 23, 2016 11:37 AM To: BOUWENS-KILLEEN, WILLA <WILLA.BOUWENS-KI LLEEN@costamesaca.gov> Cc: Peter Kim <Bereanpk@gmail.com> Subject: Letter in Response to Willa Bouwens Dear Willa Bouwens-Killen and Officer David Goates, We have received a letter with concerns that we are in violation of our "Minor Conditional Use Permit." We have tried to reach out to you various times by phone and left a few messages but did not receive a callback. 1 S -z, -- Thank you for reaching out to us about your concerns over the use of parking in our association of 109 spaces. I hope the explanation below will satisfy any concerns you may have. 1. We have two services on Sundays that run at 9:00 am and 11:00 am. The entire congregation is not present at one time so the use of spaces is spread out during those two times. Our first service holds anywhere from 70 to 120 people and our second service at 11 am hold between 220 to 300. The 300 max number are not all adults either so the children are coming with parents which reduces the need for parking even further. Since we are currently using less than 109 parking spaces in either of our 9 or 11 am services where main Sunday worships are taking place there is no violation of our cup even if 109 was the maximum. 2. When our conditional use permit was approved, the city required us to have a minimum of 109 spaces, which we satisfied. There was no clause or statement about the maximum, just as there is no stated maximum for the application for MCUP of Building J. Each building is given 3 parking spaces for 1000 square feet so any need for above that use would need the association approval as we were required to do. 3. We obtained approval from the association to use the available parking in the business park. We are truly off -hours with the surrounding businesses and the association has granted us approval to use the surrounding parking. Since the sharing of parking is really an issue for the association to deal with, they should have been contacted. To our understanding, the association has sent in a letter opposing the application of the Minor Conditional Use of Building J. In summary, we hope to have shown that we are appropriately functioning under our conditional use permit and under the approval of our association. Please contact me if you have any further questions at ( Berea npk(a7gmai[.com ) Sincerely, Peter Kim Senior Pastor Berean Community Church -153- SJH Airway LLC 3184 K Airway Avenue Costa Mesa, CA 92626 February 8, 2016 Costa Mesa Planning Commission 77 Fair Drive Costa Mesa, CA 92626 Re: Proposed Conditional Use request for 3184 J, Airway Avenue, Costa Mesa To Whom It May Concern: I am the owner of the property immediately adjacent to 3184 J and am very concerned about the impact another religious entity will have on not only my long term tenant, Howard Building Corporation, but also on the fair market value of my property if two religious entities are allowed within the same business campus complex. You may not be aware that the Berean Community Church owns the property at 3184 A and also leases a portion of 3184 B, both directly across from my parcel. It is my firm belief that one religious group is all that should be allowed at the 3184 location. With two in residence, these groups would be competing for parking spaces leaving it that much more difficult for the remaining businesses to locate convenient parking. Further, I do not believe that I received proper notification of this pending entitlement request. Please seriously consider denying this request. Thank you, Susan Hanna Garcia SJH Airway LLC HOWARD BUILDING CCRPCRATIC}N 04 1 February 8, 2016 Costa Mesa Planning Commission 77 Fair Drive Costa Mesa, CA 92626 Re: Conditional Use request for 3184 J Airway Avenue, Costa Mesa, CA To Whom It May Concern: am an owner of 3184 L and a tenant of 3184 K. I am writing to inform you that I strongly object to having a second religious organization sharing the several buildings comprising the 3184 campus. To have two churches competing for limited parking spaces makes no sense. While the Request for Use may indicate that they will have excess parking needs only on Sundays and other special holidays, the City of Costa Mesa has already granted such Conditional Use to our neighbor directly across from our building entrances, the Berean Community Church. To issue a second Conditional Use will no doubt prove to be a burden to my company and our employees. HBC typically has from a half dozen to a dozen employees spending some hours at our office on Saturdays and Sundays. While we can work in cooperation with one organization, it would certainly be much more difficult with a second religious entity adjacent to us. Additionally, if this second request is granted, who is going to monitor their abiding by the mandates of the permit? I am not confident that the city will monitor this. No, once this Conditional Use is granted, there is no turning back. Please do not approve this use Thank you, Mike Howard Howard Building Corporation CHM, LLC -155- 707 WILSHIRE BLVD STE 3750 LOS ANGELES, CA 90017 PH. 213 683.1850 FX. 213.683 1851 LIC *445804 3184 AIRWAY AVENUE UNIT K COSTA MESA, CA 92626 PH 714 438.2272 FX. 714 444.3446 LIC #445604 Real Tech February 8, 2016 Costa Mesa Planning Commission RE: CUP Application for 3184-J Airway Avenue, Costa Mesa Dear Planning Commissioners: own and occupy 3199-E Airport Loop Drive and have for the past 3 years. During this time, I have been watched the influx of religious organizations within the Koll Irvine Development. The latest request for a minor CUP at 3184-J caught my attention as I work in my office on many weekends, including Sundays. Yesterday, while driving into my office a little before noon, I took the pictures I attached to this letter. I was surprised how many parking spaces were occupied by the members and visitors of the Berean Community Church. The parking areas surrounding the 3184 block of buildings A -L were completely full. In addition, many cars were parked on the street (both sides) in front of 3184-A Airway (Berean Community Church). Further, the lots across the street were heavily parked with church goers (surrounding 3183 -A -G). I did not count the cars but would estimate approximately 200 plus cars parked all around the property, with no spaces available anywhere in the 3184 block. If the City of Costa Mesa approves another religious use in such close proximity to the Berean Community Church, each group will compete for the same non-existent parking spaces; the situation could become very contentious between quite disparate religious groups. All of the religious uses tend to underestimate their actual parking use as well as the hours of operations, who will monitor the violations? What are the remedies and who prescribes and enforces them? I witness the Mosque (3194-13 Airport Loop Drive) across the street from my building just inundate the parking along the street and parking lots many times a week during business hours creating unsafe conditions with many pedestrians crossing Airport Loop Drive. Please re -consider granting 3184-J Airway the CUP, as it will conflict greatly with 3184-A Airway. Thank you. Respectively Submitted, Kim Josep sh on Real Tech — t 5(0 - Kim Josephson kjosephson*real-techinc.com 657.210.5551 3199 Airport Loop Drive, Bldg E, Costa Mesa, CA 92626 DRE License No. 712155 Front of 3183-B Across the street from 3184-A (Berean Community Church) Front of 3183-A, B, & C Across the street for 3184 Inside parking area looking southeast Street view looking south on Airway Outside of 3183-G (across the street) from in front of 3193-A Airway (across the street) —1t5r) SAKRJoseph\2016 - ltrs\Feb\City CM Planning Commission.doc Looking east in front of 3184-A (Berean Community Church) toward Airport (no parking spaces available) Looking south between 3184-J and 3184-G Rear of 3184-F looking north (Airport is on the right) S:\KR7oseph\2016 - ltrs\Feb\City CM Planning Commission.doc Rear of 3184-G looking south (Airport of the left) Parking in front/side of 3184-1 (no empty spaces) Parking Lot looking south in front of 3184-L (along Airway) Behind 3183-G looking west (across the street from 3184-A Berean Community Church) _. 15q SAKRJoseph\2016 - l"\l7eb\City CM Planning Commission.doc 11 Parking Lot across the street from 3184-A Street in front of 3184-A (Berean Community Church) (Berean Community Church) 1bp— S:\KR7osepb\2016 - ltrs\Feb\City CM Planning Commission.doc COLGAN, JULIE From: mark Lim <emailmarklim@gmail.com> Sent: Tuesday, December 08, 2015 8:37 AM To: PLANNING COMMISSION Subject: Fwd: Ref: Public Notice of CUP Application ZA-15-38 Ref: Public Notice of CUP Application ZA-15-38 3184 Airway Ave. Bldg J. Costa Mesa, CA 92626 Applicant: Salim Rahemtulla. Dear Sir or Madam: We are writing to indicate that we will have conflicting hours of operation with the proposed use by the religious education and cultural assembly in 3184 Airway Ave Bldg J. This building is in very close proximity and we foresee conflicting parking issues. There will be parking issues during the proposed hours of operation. Our church has evening services on Wednesday — Friday evenings from 7:00pm — 9:30pm. Week night services consist of roughly 100 members. We also have weekly Sunday services from 9:00am to 1pm. Sunday services can hold roughly 400 attenders. Through the year, we also have Saturday events as well. We would overlap in the majority of their proposed hours of operation. Furthermore, we do see that the OCC Company located in Building C has frequent evening events that take up a lot of parking. Best Regards, _Icp2— Mark Lim I Associate Pastor Berean Community Church 3184 Airway Ave Bldg B Costa Mesa, CA 92626 949-231-8323 Law Offices of Philip T K* APC A PROFESSIONAL LAW CORPORATION December 8, 2015 Via Em -all Only, plan nin( ommission?s ostamesaca.gnv City of Costa Mesa, Planning Division City Hall 77 Fair Drive Costa Mesa, CA OBJF,CTION TO MINOR CONDITIONAL USE PERMIT Re: 3184 Airway A►+ . i o tMesa. "Sub'ect Premises" Application Pio.: ZA-15-38 Applicant: Salim Rahemtulla To whom it may concern: I represent Berean Community Church ("Berean") regarding the above -referenced matter. Berean is located at 3184 Airway Ave, Suite A and B, Costa Mesa, CA, in the same business park as the applicant. The description of the notice states: "A minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use..." Additionally, the notice states that the project is categorically exempt under Section 15301 of the State CEQA Guidelines, which in turn states: "The operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." In commenting on this provision, the State of California opined, "The key consideration is whether the project involves negligible or no expansion of an existing use." Furthermore, the current use is not within the list of "existing facilities" enumerated under Section 15301. As I understand it, the Subject Premises is going from a standard office use of the facility to a religious use. My client believes that the Applicant will significantly and adversely impact the current parking situation with respect to my client and also the other tenants of the business park. The use contemplated does not fit the definition under Section 15301. At a minimum, a parking study should be conducted to analyze the impacts to neighboring businesses such as Berean. If there are significant impacts, which my client believes there will be, then we request that the hearing officer impose certain mitigation measures to minimize any impacts to my client. Thank you for your anticipated cooperation in matter. I can be reached at the number listed below. Sincerely, �r Philip Y. Kim 25E. Toothi[[Bfvd., Arcadia, CaCifornia 91006 Tel. 909-762-1616 1 (Fa.:�,• 302-371-5787 PacficWest ` ASSN ManagementCorpora(ion Via Certified and First Class Mail November 30, 2015 RECT 0 C' 0 -73 Ms. Willa Bouwens-Killeen, AICP Zoning Administrator City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628-1200 RE: MINOR CONDITIONAL USE PERMIT -APPLICATION ZA-15-38 3184J AIRWAY AVENUE KOLL IRVINE COMMUNITY ASSOCIATION COSTA MESA, CALIFORNIA Dear Ms. Bouwens-Killeen: The Koll Irvine Community Association Board of Directors has requested that I contact you regarding the application for Minor Conditional Use Permit #ZA-15-38 for 3184J Airway Avenue in the Koll Irvine Community Association in Costa Mesa. Based upon prior experience, the Board of Directors is very concerned for existing businesses within the business park related to the anticipated impact upon parking with this type of use. The Board is respectively requesting the Planning Commission to conduct a study of the possible impact on traffic and parking of the neighboring businesses in the Koll Irvine Community Association prior to approving any such use now or in the future. We appreciate your immediate attention to this matter. Should you have any questions, please feel free to contact me at 714-433-7300 Ext 213 or by Email at dhasaii_0paciNwest.cc Sincerely, Pacific `Vest Asset Management Corporation David Hasan Property Manager Enclosures --1cP5— Mailing Address 0 P.O. Box 19068 o Irvine, California 91623-9068 3191-0 Airport Loop 0 CON MCH, California 92626-3404 0 714.433.7300 F. 714.433.7330 ATTACHMENT 6 14 BLOCKS1111111111111111l1lllllllIIIflu IIj -— 112 PARKING STALLS S r = m 3190 ` _ °2 o _ _ V W L m a°Do co co °0D° _ °D w n6 w coo am � w w C7 its 2 ` '� M w cn J _ ao " �' M 3194 r = & (D cno co U) Y ^� c z Q a .��. 3198 m ; �' a o ;= M �- a' �y J m a I— CL cn ' U) N Q = a Zp Rp _ fO 0 V = rrr� r, r• Y ZY ■/moi Z Q _ _ Y N �' 2 l ■� /`� �D m Z M . M M V / M M< Q M m a 40,4.1�.. c Y J MQ a �+ J //���\ LL CO co M A EE:l co L� + "Ilu 1110111 � + BLOCKS 3191 • AIRWAY AVENUE 3195 BLOCKS 3197 & 3185 3199 3187 & 3189 3184-J AIRWAY AVENUE COSTA MESA, CA RED A VEN AND VICINITY MAP U TOTAL 478 PARKING STALLS SCALE: 601- 1 11 1:01 a BUILDING AREA: 3164-J AIRWAY AVENUE, COSTA MESA, CA PROPOSED TENANT IMPROVEMENT: t 6,000.0 SF SCOPE OF WORK: THE GENERAL PROPOSED SCOPE OF WORK FOR THIS PROJECT IS AS FOLLOWS: 1. CONVERSION OF'B' OCCUPANCY TO 'A-3' CLASSIFICATION PER CBC 107.2 2. INSTALL NEW INTERIOR WALLS AND DOORS AS SHOWN 3. (N) FINISHES TO MATCH (E) 4. EXISTING HVAC SYSTEM TO BE MODIFIED OR PROVIDE NEW. 5. REPLACE (E) BATHROOMS W/NEW PER PLUMBING CODE. 6. INTERIOR ACCESSIBILITY UPGRADE AS NECESSARY. 7. PARKING IS EXISTING. SEE SITE PLAN. G SCALE: t/B"/= 1� 0" � II 3184-J AIRWAY AVE COSTA MESA CA m I I q - PROPOSED AR III= n r-1 1` XAif-N a Le' r � 15 + �� 1 VICINITY MAP SITE PLAN NTS Project PROPOSED TENANT IMPROVEMENTS Owner MR RANDY SCHAFER 31841 AIRWAY AVE. COSTA MESA, CA 92626 Project location 31841 AIRWAY AVE. COSTA MESA, CA 92626 REVISIONS N0 DATE DRAWINGS ISSUED FOR: REVIEW 10-10-15 SHEET TITLE: SITE PLAN VICINITY MAP PROPOSED FLOOR PLAN pko,i .0 . SHEET NUMBER A-1.0 (N) I (N) (E) (E) (E) (E) ST❑R, I EXT OFFICE OFFICE OFFICE OFFICE 1 2 3 4 PRAYER HALL' (N) (1073 SF) Y ST❑R, (E) PASSAGE (E) (E) - (E) - - - - _ _ _ _ y _ _ _ I - _ - - WOMEN MEN LUNCH ROOM (E) ENTRY ANTE ROOM LEC EXIT (841 SF) (N) PASSAGE - —�(E) (N) (N) (E) OFFICE OFFICE OFFICE EXIT 5 6 7 I SHOESSH❑ES I, I I (N) PASSAGE SCALE: t/B"/= 1� 0" � II 3184-J AIRWAY AVE COSTA MESA CA m I I q - PROPOSED AR III= n r-1 1` XAif-N a Le' r � 15 + �� 1 VICINITY MAP SITE PLAN NTS Project PROPOSED TENANT IMPROVEMENTS Owner MR RANDY SCHAFER 31841 AIRWAY AVE. COSTA MESA, CA 92626 Project location 31841 AIRWAY AVE. COSTA MESA, CA 92626 REVISIONS N0 DATE DRAWINGS ISSUED FOR: REVIEW 10-10-15 SHEET TITLE: SITE PLAN VICINITY MAP PROPOSED FLOOR PLAN pko,i .0 . SHEET NUMBER A-1.0 ATTACHMENT 7 APPROVED MINUTE EXCERPTS FROM THE FEBRUARY 8, 2016 PLANNING COMMISSION MEETING REGARDING A REQUEST FOR REVIEW OF 3184 AIRWAY AVENUE, SUITE J (Public Hearing No. 1 — ZA-15-38) Application No.: ZA-15-38 Applicant: Salim Rahemtulla Site Address: 3184 Airway Avenue, Suite J Zone: MP Project Planner: Mel Lee Environmental Determination: The project is categorically exempt under Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 (Existing Facilities). Description: Request for a review of a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: ■ Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. ■ Saturday 10:00 a.m. — 2:00 p.m. Sunday 10:00 a.m. — 2:00 p.m. (10 times per year). A total of 55 parking spaces are required for the 1,914 sq. ft. religious assembly use. The proposal involves off -set operational hours in order to utilize the parking lot when other business are closed. The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. Three of the Commissioners had ex -parte communications with the applicant. Chair Dickson by phone. Commissioner Andranian and Vice Chair Mathews met with the applicant. Mel Lee, Senior Planner, presented the staff report. PUBLIC COMMENTS Nazim Karim, Editor of Islami magazine, gave a detailed presentation about their religious education and cultural assembly. Salim Rahemtulla, applicant, gave a presentation about the parking survey and how there would be enough spaces. The Commissioners and applicants discussed the parking issue and the reason for the re -location. Peter Kim, pastor at Berean Community Church, stated concerns with the parking. -1691 Mark Lim, pastor at Berean Community Church, stated concerns with the parking. Randy Schafer, owner of 3184 Airway J, stated concerns with the Berean Community Church violating their minor conditional use permit pertaining to parking. John Locks, owner of building G and H at 3184 Airway, spoke against the application. Kim Josephson, owner of 3199 E Airport Loop, spoke against the application. A Costa Mesa resident thanked Commissioner Andranian for pulling the item for review and stated concerns with the parking. Mr. Lim responded to the public comment about Berean Community Church violating their minor conditional use permit. Mike Howard, adjacent business owner 3184 Airway K & L, spoke against the application. Mr. Rahemtulla responded to the public comments. The Chair closed the public hearing. Commissioner and staff discussed the minor conditional use permit of Berean Community Church. Commissioner Andranian stated he pulled the application because he thought the use that was being requested should have had a public hearing and stated concerns with the location. Commissioner McCarthy stated the application does not work at the location and potential problems to the surrounding business. Chair Dickson stated concerns with penalizing the applicant for existing parking problems. Commissioners discussed the parking issue and whether to uphold the Zoning Administrator's approval. MOTION: Hereby move that the Planning Commission reverse the Zoning Administrators Approval of Zoning Application ZA-15-38 for a religious and cultural center use with a deviation from shared requirements at 3184 Airway Avenue, Suite J without prejudice based on the evidence that has been presented here tonight. Moved by Commissioner McCarthy, second by Commissioner Sesler. RESOLUTION 16-07 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA REVERSING THE ZONING ADMINISTRATOR'S DECISION AND DENYING ZONING APPLICATION ZA-15-38, WITHOUT PREJUDICE, FOR A MINOR CONDITIONAL USE PERMIT FOR A DEVIATION FROM SHARED PARKING REQUIREMENTS DUE TO OFF -SET HOURS OF OPERATION FOR A RELIGIOUS EDUCATION AND CULTURAL ASSEMBLY USE AT 3184 AIRWAY AVENUE, SUITE J The motion carried by the following roll call vote: Ayes: McCarthy, Sesler, Andranian Noes: Dickson, Mathews Absent: None Abstained: None The Chair explained the appeal process. —190— PLANNING COMMISSION AGENDA REPORT MEETING DATE: FEBRUARY 8, 2016 ATTACHMENT 8 ITEM NUMBER: N_ 1 SUBJECT: REVIEW OF THE ZONING ADMINISTRATOR'S APPROVAL OF ZONING APPLICATION ZA-15-38 FOR A RELIGIOUS AND CULTURAL CENTER WITH A DEVIATION FROM SHARED PARKING REQUIREMENTS AT 3184 AIRWAY AVENUE, SUITE J DATE: JANUARY 28, 2016 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov DESCRIPTION Zoning Application ZA-15-38, which was approved by the Zoning Administrator on December 10, 2015, is a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. – 6:00 a.m. and 7:00 p.m. – 9:30 p.m. Saturday 10:00 a.m. –2:00 p.m. • Sunday 10:00 a.m. – 2:00 p.m. (10 times per year). A total of 55 parking spaces are required for the 1,914 square foot assembly area. The proposal involves off -set operational hours in order to utilize the parking area when the other businesses are closed. The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. AUTHORIZED AGENT The authorized agent is Salim Rahemtulla, representing Randy Shafer, the property owner. RECOMMENDATION Staff recommends that the Planning Commission uphold the Zoning Administrator's approval of ZA-15-38 by adoption of Planning Commission resolution, subject to conditions. —1,1— BACKGROUND Project Site/Environs The property is located on the east side of Airway Avenue, north of McCormick Avenue. The site is zoned MP (Industrial Park) and has a General Plan land use designation of Industrial Park. Physical on-site improvements include 32 buildings with 493 parking spaces and three points of ingress/egress on Airway Avenue. Project Description The applicant requests approval of a minor conditional use permit (MCUP) to allow the establishment of a religious education and cultural assembly center with a deviation from the shared parking requirements due to offset hours of operation. Previous Entitlement In 2Q10, Minor Conditional Use Permit ZA-10-22 was approved for a church with offset hours of operation at 3184 Airway Avenue, Suite A (Berean Community Church). The church is conditioned to operate as follows: Sunday: 9:00 a.m. to 1:00 p.m. (every week) and 7:00 p.m. to 10:00 p.m. (4 times per year). Friday: 7:00 p.m. to 9:00 p.m. Saturday: 9:00 a.m. to 11:00 a.m. (one time per month). In their justification letter dated April 1, 2010, the applicant stated they would need a maximum of 109 parking spaces. ANAI YSIS Justifications for Approval The Zoning Administrator approved the request based on the following: • _Noise impacts are not anticipated by the use. Noise impacts are not anticipated to surrounding uses due to the quiet nature of a religious education and cultural assembly center and a condition of approval that all activities will occur indoors. ■ Parking and circulation will not interfere with surrounding properties. The parking ratio for a cultural assembly center with no fixed seating is 1 space for every 35 square feet of seating area within the main assembly area; consequently, 55 parking spaces would be required for the proposed space 1,914 square feet assembly area. The applicant is requesting approval of a minor conditional use permit to deviate from shared parking requirements due to offset hours of operation. The following schedule is proposed: Monday through Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. 1-12- Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year). The project is conditioned to operate at these times only, which should not interfere with normal business hours of 8:00 a.m. to 5:00 p.m. when parking demand will be at its peak. However, there is concern that parking demands of the proposed religious/cultural center could conflict with the parking approved under ZA-10-22 for Berean Community Church at 3184 Airway, Suite A. In their justification letter dated October 13, 2015 the applicant stated that they would require a maximum of 150 parking spaces. In the worst case scenario, the existing church operates every Sunday (with a parking demand of 109 spaces) while the proposed religious/cultural center proposes to operate during the same hours (with the 150 space parking demand) -- resulting in an overall parking demand of 259 spaces. However, the religious/cultural center Sunday meetings would occur only 10 times per year. Additionally, the overall development (3184 through 3188 Airway Avenue) contains approximately 493 parking spaces and there are no other parking deviations approved for this development; consequently adequate parking exists to serve both uses at the same time. Should parking shortages or other parking -related problems and/or conflicts develop, the center operator will be required to institute appropriate operational measures necessary to minimize or eliminate the problem including, but not limited to, modifying operating hours. On January 21, 2016, the applicant submitted a parking study prepared by LSA supporting the above assumption that sufficient parking exists to meet the parking demand for the uses (Attachment 9). ENVIRONMENTAL DETERMINATION If the Zoning Administrator's approval of the request is upheld, it would be categorically exempt from the provisions of the California Environmental Quality Act under Section 15301 (Class 1) for Existing Facilities. PUBLIC NOTICE Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing: 1. Mailed notice. A public notice was mailed to all property owners within a 500 - foot radius of the project site. The required notice radius is measured from the external boundaries of the affected properties (see attached Notification Radius Map). 2. On-site posting. A public notice was posted on each street frontage of the project site. 3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper. —1 c7 3— Additionally, notice was provided to all individuals who provided written correspondence in conjunction with the previous amendment under ZA-14-40 (Attachment 9). LEGAL REVIEW The City Attorney has reviewed the draft resolutions and they have been approved as to form by the City Attorney's Office. ALTERNATIVES The Planning Commission has the following alternatives: Uphold the Zoning Administrator's approval of the pro'ect, sub'ect to conditions. The Planning Commission may suggest specific conditions to include in an approval of the project. If any of the additional requested changes are substantial, the item should be continued to a future meeting to allow a redesign or additional analysis. In the event of significant modifications to the proposal, should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions. • Reverse the Zoning Administrator's decision and deny the project. If the Planning Commission believes that there are insufficient facts to support the findings for approval, Planning Commission must deny the application and provide facts in support of denial to be included in the attached draft resolution for denial, If the project were denied, the applicant could not submit substantially the same type of application for six months. CONCLUSION The Zoning Administrator approved the request based on the determination that the proposed use, as conditioned, is compatible with the surrounding residential properties and is, therefore, consistent with the City's Zoning Code and General Plan. MEL LEE, AICP Senior Planner i WILLA BOUWENS-KILLEEN, AICP Zoning Administrator Attachments: 1. , 2. 3. Applicant's Project Description 4. Draft Resolutions 5. 6. f"115 7. Zoning Administrator Approval Letter for ZA-15-38 8. Review Request 9. Parking Study 17-4 Distribution: Director of Economic & Development Services/Deputy CEO Senior Deputy City Attorney Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst File (2) Salim Rahemtulla 82 Meadowbrook Aliso Viejo, CA 92656 Randy Shafer 1874 Samar Drive Costa Mesa, CA 92626 I - J�s ATTACHMENT 3 r w 4� His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States October 13, 2015 Ms. Willa Bouwens-Killeen, AICP Zoning Administrator, City of Costa Mesa 77 Fair Drive, Post Office Box 1200 Costa Mesa, California 92628-1200 Re: 3184-J Airway Avenue - Planning Application for Conditional Use Permit Dear Ms. Bouwens-Killeen: This letter accompanies the attached Planning Application for a Conditional Use Permit for the subject property. The His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States is in the process of relocating its Orange County religious assembly premises from 17965 Sky Park Circle, Suites C and D, Irvine, CA, a 3,200 square foot space in the Irvine Business Complex, to better address our space requirements. We have been at our current property for the purposes described in this letter since 1988. At this time, we are under a Standard Offer for Purchase of Real Estate at 3184-J Airway Avenue, a 6,000 square -foot industrial property, and this application is pursuant to a mutually agreed-upon offer with the seller. It is important to note that our proposed use, which includes religious, educational, and cultural assembly, is substantially compatible with uses permitted in the general area. Our proposed use would not be materially detrimental to other properties in the same area. Our assemblies take place outside of regular business hours and are not usual to other religious assemblies. We have approximately 140-210 members of all ages. All facilities will be constructed within the existing 6,000 square feet building area with no exterior alterations. Monday through Thursday evening attendance is approximately 50 people. Friday evening attendance is approximately 150 people. Once a month, we host an evening for special services with attendance at approximately 200 people. The number of parking spaces required respectively ranges from 15 to 20 spaces, 40-50 spaces, and 70-80 spaces. In reference to parking, there are 154 parking spaces in the direct vicinity of the ten 3184 Airway buildings. All of these parking spaces are within walking distance of the entrance of the 3184-J Airway Avenue building. Based on the number of parking spots available and the time of day that we will be using the property, we believe that our use will not adversely affect any of neighbors' uses. -- 1-7(v' 3370 Octan Park Nvd Suily 210, S'anla .Monica, CA 90-105 T le%hon(7_. 310-314-�024. Fax:: .310-214-503,1, F' Mail.- /rw((_1 usaji.ory Letter to Costa Mesa CUP (Oct 13"' 2015) Page 2 Hours of operation are as follows 7:00 pm — 9:30 pm, Monday through Sunday • Saturday educational classes are held from 10am to 2pm during the school year Sundays, ten times per year services held from 10am to 2pm 4:00 am — 6:00 am, Monday through Sunday ■ Services for quiet contemplation and meditation. Approximately 10 to 15 people attend these meditation services. With the above described uses and lack of impact to other occupants of buildings within the business park, we request approval for our prcpcsed use particularly given that our use will be outside of the typical business hours of current occupants of the business park. Attached, please find additional information about the Ismaili Community and our religious assembly space, which is known as a Jamatkhana. If you have any questions, please contact Mr. Salim Rahemtulla at (949) 456-5583. Sincerely, Muneerah Merchant, President His Highness Prince Aga Khan Shia Imami Ismaili Council for the Western United States Encl. 1 1-1 —7J THE ISMAILI COMMUNITY Ismailis in the United States The Ismailis are a community of ethnically and culturally diverse peoples living in over 25 countries around the world. Ismailis are part of the social, educational and economic fabric of cities across the U.S., where through both individual as well as community -sponsored efforts, Ismailis have made wide-ranging contributions to the civic life of the communities in which they reside. The Ismaili community organizes an array of programs in fields such as education, healthcare, economic development, culture, youth development, and sports, in an effort to secure continuing improvements in the quality of life of members of the Community and to assist its members to make an effective contribution to society. Recent initiatives have included the development of innovative programs to strengthen parental involvement in early childhood education, nutrition and cardiovascular fitness programs, participation in trade fairs, and leadership training for volunteers. Ismailis in the Western United States The Ismaili community in the Western United States is small but well settled. Our members reside in major metro -centers throughout California including the San Francisco Bay Area, Greater Los Angeles, and San Diego as well as in major cities across the West Coast such as Phoenix, Las Vegas, and Seattle. Ismailis in the Western U.S. work in high tech at companies such as Facebook, Microsoft, Amazon, and Linked In, and have founded Silicon Valley startups. Ismaili professionals are also attorneys, educators, non-profit and foundation executives, and physicians, while Ismaili entrepreneurs own businesses in a variety of industries including hospitality, franchised restaurants, and real estate. Ismaili students currently attend the University of California, Berkley, Stanford University, UCSF, UCLA, USC, the University of Washington, and UNLV, among others. Volunteering and community service are a key Ismaili ethic and is actively encouraged. Ismailis living in the Western U.S. are regular participants in the Best Buddies bike challenge, the Santa Monica Homeless Count, and the L.A. Works Martin Luther King Junior Day of Service, among others. The Ismaili Community also organizes annual walks and golf tournaments for charity in Los Angeles, the San Francisco Bay Area, and Seattle. Ismailis are also active in interfaith activities having partnered with organizations such as NewGround and University Synagogue's Big Sunday. Websites: www.theismaiii.or I www.akdn,or� —1—IUr Pictures above: left: Ismaili volunteers at the Best Buddies Hearst Castle Challenge between Carmel and San Simeon, California; right: Ismaili volunteers with Los Angeles Mayor, Eric Garcetti. The Jamatkhana The Ismaili Jamatkhana is a house of worship and congregation for Ismailis, and a gathering place for educational and cultural activities. It is a place for contemplation, peace, and congregation. The Governors of Texas and Illinois presided over the opening of purpose built Jamatkhanas in Sugarland, Texas (Houston suburb) and Glenview, Illinois (Chicago suburb) respectively. Jamatkhana Pictures: Left: Houston, Texas, Center: Plano, Texas, Right: Lobby of the Jamatkhana in Glenview, Illinois; Below: Classroom in Glenview Jamatkhana - .- .... --I Websites: www.tfieismaiii.org I www.akdn.org His Highness the Aga Khan His Highness Prince Karim Aga Khan is the 49th hereditary Imam (spiritual leader) of the Ismaili Muslims and a direct descendant of the Prophet Muhammad. The Aga Khan has explained that as the spiritual leader of the Ismaili community, he has a responsibility to help improve the quality of life not only of his followers but also of the societies among whom they live. In keeping with this mandate, the Aga Khan is the founder and Chairman of the Aga Khan Development Network (www.akdn.org), which has active partnerships with the World Bank, the United States Agency for International Development, and many international governments and non-governmental aid agencies. His Highness the Aga Khan has met with almost every single United States President since John F. Kennedy and more recently signed Agreements of Cooperation between the Ismaili Imamat and the State of Texas, State of California, and the State of Illinois. The agreements establish a basis for long term collaborative programs between the states and the institutions in the fields of education, health sciences, natural disaster preparedness and recovery, culture and environment. The Aga Khan graduated from Harvard University in 1959 and has received numerous honorary degrees, decorations, and awards in recognition of the various dimensions of his work. The Aga Khan has been convocation speaker at Brown University and was awarded the University of California San Francisco (UCSF) Medal. .J! ?1i'I'rrf! i � �' i �� •�f • � c ,' Y_ r�,'� ' a Ifir ; Hates Cmm} 1flNQuwAODM Pictures above: Left: His Highness the Aga Khan receiving David Rockfeller Bridging world award. Center: His Highness the Aga Khan receiving Andrew Carnegie Medal for Philanthropy. Right: His Highness the Aga Khan at the White House Conference on Culture and Diplomacy. Websites: www.theismaili.or www,akdn.org -jw- The Aga Khan Development Network (AKDN) The AKDN is an international network of nine development agencies with mandates that include the environment, health, education, architecture, culture, microfinance, rural development, disaster reduction, promotion of private -sector enterprise and revitalization of historic cities. The Network encompasses more than 300 schools, two universities, two foundations, hundreds of medical clinics and hospitals, hotels, banks, insurance companies, and airlines in over 25 countries around the world. Based upon the underlying principles of empowerment, partnership, and capacity building, the AKDN is dedicated to improving the living conditions and opportunities for some of the poorest in the world without regard to faith, origin or gender. Websites: wvw.theismaili.orwww.akdn.org Websites: www.theismaill.org I www.akdn.org ATTACHMENT 4 RESOLUTION NO. PC -16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA UPHOLDING THE ZONING ADMINISTRATOR'S DECISION AND APPROVING ZONING APPLICATION ZA-15-38 FOR A MINOR CONDITIONAL USE PERMIT FOR A DEVIATION FROM SHARED PARKING REQUIREMENTS DUE TO OFF -SET HOURS OF OPERATION FOR A RELIGIOUS EDUCATION AND CULTURAL ASSEMBLY USE AT 3184 AIRWAY AVENUE, SUITE J THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed Salim Rahemtulla, authorized agent for Randy Shafer, the property owner, requesting approval of the following: Zoning Application ZA-15-38, which was approved by the Zoning Administrator on December 10, 2015, is a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. • Saturday 10:00 a.m. — 2:00 p.m. • Sunday 10:00 a.m. — 2:00 p.m. (10 times per year). The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. WHEREAS, a duly noticed public hearing held by the Planning Commission on February 8, 2016 with all persons having the opportunity to speak for and against the proposal; and 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 Planning Commission hereby APPROVES Zoning Application ZA-15-38. 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-15-38 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 8th day of February, 2016 Robert L. Dickson Jr., Chair, Costa Mesa Planning Commission - ►83- STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) 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 February 8, 2016 by the following votes: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS Claire L. Flynn, Secretary Costa Mesa Planning Commission EXHIBIT A FINDINGS (APPROVAL) A. The information presented complies with Costa Mesa Municipal Code Section 13- 29(g)(2) in that: 1. The proposed use is compatible and harmonious with developments in the same general area and would not be materially detrimental to other properties within the area. The proposed use will have offset hours of operation that will minimize any parking impacts on surrounding uses. The use is quiet in nature and will not have any noise impacts on surrounding uses. 2. Granting the minor conditional use permit will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. All activities will take place underroof. The center will be in operation only during the early morning, evening, and weekends, when most other businesses in the center are closed. 3. Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordance with the General Plan designation and any applicable specific plan for the property. The proposed use does not substantially increase the density or intensity at the property since no building area will be added; the use will operate outside normal business hours; and is quiet in nature. The information presented complies with Costa Mesa Municipal Code Section 13-29(e) in that: 1. There will be a compatible and harmonious relationship between the proposed building and the site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. Parking impacts will be avoided by conditioning the religious education and cultural center to operate during the early morning, evening, and weekends only. 2. Safety and compatibility of the design of buildings, parking area, landscaping, luminaries, and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation have been considered. The proposed hours of operation are during the early morning, evening, and weekends only and adequate parking exists for both this use as well as the existing church at 3184 Airway Avenue, Suite A; therefore, no traffic or parking impacts are anticipated. 3. The project complies with performance standards described elsewhere in this Zoning Code, and is conditioned to operate as described in this staff report. 4. The use is consistent with the General Plan in that a religious and cultural education center is considered a compatible use in the Industrial Park land use designation. 5. This zoning application is for a project -specific case and is not to be construed to be setting a precedent for future development. —185— B. 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, Existing Facilities, of the CEQA Guidelines. C. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. l8(0- EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation described in this staff report: a religious education and cultural assembly center with the following hours of operation: Monday -Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year) Any change in the operational characteristics including, but not limited to, type of service provided or hours of operation will require approval of an amendment to the minor conditional use permit, subject to Zoning Administrator approval. 2. All uses shall be conducted within the tenant space (underroof). 3. If parking shortages or other parking -related problems arise, the center operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, modifying the hours of operation. 4. The conditions of approval and ordinance or code provisions of zoning application ZA-15-09 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the release of /utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 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. Approval of the zoning application is valid for one year 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) obtains building permits for the authorized construction and initiates construction; and/or 2) obtains a business license and/or legally establishes the business. If the applicant is unable to establish the use/obtain building permits within the one-year time period, the applicant may request an extension of time. The Planning Division must receive a written request for the time extension prior to the expiration of the zoning application. 2. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. Bldg. 3. Comply with the requirements of the 2013 California Building Code, 2013 California Electrical Code, 2013 California Mechanical Code, and 2013 California Energy Code (or the applicable adopted, California Building Code, California Electrical Code, California Mechanical Code, M— 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 2013 California Building Code. 4. Requirements for accessibility to sites, facilities, buildings, and elements by individuals with disability shall comply with chapter 11 B of the 2013 California Building Code. 1. Accessibility shall be to and through the front door and to the commercial space from the public sidewalk. 2. Accessible restrooms/bathrooms in the commercial space. 3. Accessible parking. 4. Accessible entry door, ramps, landings, sidewalks, hallways, strike edge clearances, and elevation changes. Additional access requirements may be required as per 2013 California Building Code. 5. 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. 6. If required, a business license shall be obtained prior to the initiation the business. 7. The applicant shall submit a $2,172 Traffic Impact Fee to the Transportation Division prior to the effective date of the Minor Conditional Use Permit. The traffic impact fee is based upon the average daily trip generation rate of 9.11 net trip ends for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the Minor Conditional Use Permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary District at (949) 645-8400 for current district requirements. CDFA 2. Comply with the requirements of the California 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. AQMD 3. Applicant shall contact the Air Quality Management District (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. •m RESOLUTION NO. PC -16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA REVERSING THE ZONING ADMINISTRATOR'S DECISION AND DENYING ZONING APPLICATION ZA-15-38 FOR A MINOR CONDITIONAL USE PERMIT FOR A DEVIATION FROM SHARED PARKING REQUIREMENTS DUE TO OFF -SET HOURS OF OPERATION FOR A RELIGIOUS EDUCATION AND CULTURAL ASSEMBLY USE AT 3184 AIRWAY AVENUE, SUITE J THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed Salim Rahemtulla, authorized agent for Randy Shafer, the property owner, requesting approval of the following: Zoning Application ZA-15-38, which was approved by the Zoning Administrator on December 10, 2015, is a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. • Saturday 10:00 a.m. — 2:00 p.m. • Sunday 10:00 a.m. — 2:00 p.m. (10 times per year). The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. WHEREAS, a duly noticed public hearing held by the Planning Commission on February 8, 2016 with all persons having the opportunity to speak for and against the proposal; and BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the Planning Commission hereby reverses the Zoning Administrator's decision and DENIES Planning Application ZA-15-38 with respect to the property described above. 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 8th day of February, 2016 Robert L. Dickson Jr., Chair, Costa Mesa Planning Commission —)(10 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) 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 February 8, 2016 by the following votes: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS ABSTAIN: COMMISSIONERS Claire L. Flynn, Secretary Costa Mesa Planning Commission EXHIBIT A FINDINGS (DENIAL A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed use is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. Finding: Granting the minor conditional use permit will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Finding: Granting the minor conditional use permit will allow a use, density, or intensity which is not in accordance with the General plan designation. B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines Section 15270(a), CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. 0') ATTACHMENT 5 COLGAN, JULIE From: mark Lim <emailmarklim@gmail.com> Sent: Tuesday, December 08, 2015 8:37 AM To: PLANNING COMMISSION Subject: Fwd: Ref: Public Notice of CUP Application ZA-15-38 Ref: Public Notice of CUP Application ZA-15-38 3184 Airway Ave. Bldg J. Costa Mesa, CA 92626 Applicant: Salim Rahemtulla. Dear Sir or Madam: We are writing to indicate that we will have conflicting hours of operation with the proposed use by the religious education and cultural assembly in 3184 Airway Ave Bldg J. This building is in very close proximity and we foresee conflicting parking issues. There will be parking issues during the proposed hours of operation. Our church has evening services on Wednesday —Friday evenings from 7:00pm — 9:30pm. Weeknight services consist of roughly 100 members. We also have weekly Sunday services from 9:00am to 1pm. Sunday services can hold roughly 400 attenders. Through the year, we also have Saturday events as well. We would overlap in the majority of their proposed hours of operation. Furthermore, we do see that the OCC Company located in Building C has frequent evening events that take up a lot of parking. Best Regards, -193- Mark Lim I Associate Pastor Berean Community Church 3184 Airway Ave Bldg B Costa Mesa, CA 92626 949-231-8323 -1G4- Law Offices of Philip T Kim, APC A PROFESSIONAL LAW CORPORATION December 8, 2015 Via Email Only: gianningcommission(a)eostamesaca.gov City of Costa Mesa, Planning Division City Hall 77 Fair Drive Costa Mesa, CA OBJECTION TO MINOR CONDITIONAL USE PERMIT Re: 3184 Airway Ave..eti CA ("Subiect Premises"' Application No.: ZA-15-38 Applicant: Salim Rahemtulla To whom it may concern: I represent Berean Community Church ("Berean") regarding the above -referenced matter. Berean is located at 3184 Airway Ave, Suite A and B, Costa Mesa, CA, in the same business park as the applicant. The description of the notice states: "A minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use..." Additionally, the notice states that the project is categorically exempt under Section 15301 of the State CEQA Guidelines, which in turn states: "The operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." In commenting on this provision, the State of California opined, "The key consideration is whether the project involves negligible or no expansion of an existing use." Furthermore, the current use is not within the list of "existing facilities" enumerated under Section 15301. As I understand it, the Subject Premises is going from a standard office use of the facility to a religious use. My client believes that the Applicant will significantly and adversely impact the current parking situation with respect to my client and also the other tenants of the business park. The use contemplated does not fit the definition under Section 15301. At a minimum, a parking study should be conducted to analyze the impacts to neighboring businesses such as Berean. If there are significant impacts, which my client believes there will be, then we request that the hearing officer impose certain mitigation measures to minimize any impacts to my client. Thank you for your anticipated cooperation in matter. I can be reached at the number listed below. Sincerely, d� Philip Y. Kim 25E. Toothil(Blvd, Arcadia, California 91006 Tel- 909-762-1616 I TaX. 302-371-5787 PacficWest AAsset Management Corporation Via Certified and First Class Mail November 30, 2015 Ms. Willa Bouwens-Killeen, AICP Zoning Administrator City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628-1200 RECT 0 RE: MINOR CONDITIONAL USE PERMIT -APPLICATION ZA-15-38 3184J AIRWAY AVENUE KOLL IRVINE COMMUNITY ASSOCIATION COSTA MESA, CALIFORNIA Dear Ms. Bouwens-Killeen: The Koll Irvine Community Association Board of Directors has requested that I contact you regarding the application for Minor Conditional Use Permit #ZA-15-38 for 31847 Airway Avenue in the Koll Irvine Community Association in Costa Mesa. Based upon prior experience, the Board of Directors is very concerned for existing businesses within the business park related to the anticipated impact upon parking with this type of use. The Board is respectively requesting the Planning Commission to conduct a study of the possible impact on traffic and parking of the neighboring businesses in the Koll Irvine Community Association prior to approving any such use now or in the future. We appreciate your immediate attention to this matter. Should you have any questions, please feel free to contact me at 714-433-7300 Ext 213 or by Email at dliasan rr.nacitiewest.cc Sincerely, �J Pacific West Asset Management Corporation 1�#C_' David Hasan Property Manager Enclosures EM910 Mailing Address N P.O. Box 19068 4� Irvine, California 92623-9068 3191-D Airport Loop 0 Costa Mesa , California 92626-3404 0 714.433.7300 F. 714.433.7330 CITY OF COSTA MESA ATTACHMENT 7 P.O. BOX 1200 77 FAIR DRIVE • CALIFORNIA 92628-1200 DEVELOPMENT SERVICES DEPARTMENT December 10, 2015 Salim Rahemtulla 82 Meadowbrook Aliso Viejo, CA 92656 RE: ZONING APPLICATION ZA-15-38 MINOR CONDITIONAL USE PERMIT FOR A RELIGIOUS AND CULTURAL CENTER WITH A DEVIATION FROM SHARED PARKING REQUIREMENTS 3184 AIRWAY AVENUE SUITE J COSTA MESA Dear Mr. Rahemtulla: City staff's review of your zoning application for the above -referenced project has been completed. The application, as described in the attached project description, has been approved, based on the findings and subject to the conditions of approval and code requirements (attached). The decision will become final at 5:00 p.m. on December 17, 2015, unless appealed by an affected party, including filing of the necessary application and payment of the appropriate fee, or called up for review by a member of the Planning Commission or City Council. If you have any questions regarding this letter, please feel free to contact the project planner, Chelsea Crager, at (714) 754-5609, or at chelsea.crager(cDcostamesaca.gov. Sincerely, Tdl�`- i WILLA BOUWENS-KILLEEN, AIC Zoning Administrator Attachments: Project Description and Analysis Findings Conditions of Approval, Code Requirements, and Special District Requirements Business Description Approved Conceptual Plans cc: Engineering Randy Shafer Fire Protection Analyst 1874 Samar Drive Building Safety Division Costa Mesa, CA 92626 - 10,q— Building Division (714) 754-5273 • Code Enforcement (714) 754-5623 • Planning Division (714) 754-5245 FAX (714) 7544856 • TDD (714) 754-5244 • www.costamesaca.gov ZA-15-38 December 10, 2015 Page 2 of 6 PROJECT DESCRIPTION The property is located on the east side of Airway Avenue, north of McCormick Avenue. The site is zoned MP (Industrial Park) and has a General Plan land use designation of Industrial Park. Physical on-site improvements include 32 buildings with 435 parking spaces and three points of ingress/egress on Airway Avenue. The use will occupy a 6,000 square foot space, located in one of the existing buildings. The proposed floor plan consists of an ante room and prayer hall, seven offices, storage, a lunch room, and two restrooms. The applicant requests approval of a minor conditional use permit (MCUP) to allow the establishment of a religious education and cultural assembly center with a deviation from the shared parking requirements due to offset hours of operation. Previous Entitlement In 2010, Minor Conditional Use Permit ZA-10-22 was approved for a church with offset hours of operation at 3184 Airway Avenue, Suite A. The church is conditioned to operate as follows: Sunday: 9:00 a.m. to 1:00 p.m. (every week) and 7:00 p.m. to 10:00 p.m. (4 times per year) Friday: 7:00 p.m. to 9:00 p.m. Saturday: 9:00 a.m. to 11:00 a.m. (one time per month) In their justification letter dated April 1, 2010, the applicant stated they would need a maximum of 109 parking spaces. ANALYSIS Noise Noise impacts are not anticipated to surrounding uses due to the quiet nature of a religious education and cultural assembly center and a condition of approval that all activities will occur indoors. Parking and Circulation The parking ratio for a cultural assembly center with no fixed seating is 1 space for every 35 square feet of seating area within the main assembly area; consequently, 55 parking spaces would be required for the proposed space 1,914 square feet assembly area. The applicant is requesting approval of a minor conditional use permit to deviate from shared parking requirements due to offset hours of operation. The following schedule is proposed: - 19Z-.0 ZA-15-38 December 10, 2015 Page 3 of 6 Monday through Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year) The project is conditioned to operate at these times only, which should not interfere with normal business hours of 8:00 a.m. to 5:00 p.m. when parking demand will be at its peak. However, there is concern that parking demands of the proposed religious/cultural center could conflict with the parking approved under ZA-10-22 for the church at 3184 Airway Suite A. In their justification letter dated October 13, 2015 the applicant stated that they would require a maximum of 150 parking spaces. In the worst case scenario, the church operates every Sunday (with a parking demand of 109 spaces) while the proposed religious/cultural center proposes to operate during the same hours (with the 150 space parking demand) -- resulting in an overall parking demand of 259 spaces. However, the religious/cultural center Sunday meetings would occur only 10 times per year. Additionally, the overall development (3184 through 3188 Airway Avenue) contains approximately 435 parking spaces and there are no other parking deviations approved for this development; consequently adequate parking exists to serve both uses at the same time. Should parking shortages or other parking -related problems and/or conflicts develop, the center operator will be required to institute appropriate operational measures necessary to minimize or eliminate the problem including, but not limited to, modifying operating hours. General Plan Consistency The Industrial Park General Plan land use designation is intended to apply to large districts that contain a variety of industrial and compatible office and support commercial uses. The offset hours of operation and quiet nature of the proposed use will not generate noise or parking impacts, allowing the use to be compatible with surrounding uses. The proposed use, as conditioned, is consistent with the Zoning Code and the City's General Plan because, with the included conditions of approval and due to the nature of the use, the religious education and cultural center should not adversely impact the surrounding uses. FINDINGS A. The information presented complies with Costa Mesa Municipal Code Section 13- 29(8)(2) in that: 1. The proposed use is compatible and harmonious with developments in the same — lqq— ZA-15-38 December 10, 2015 Page 4 of 6 general area and would not be materially detrimental to other properties within the area. The proposed use will have offset hours of operation that will minimize any parking impacts on surrounding uses. The use is quiet in nature and will not have any noise impacts on surrounding uses. 2. Granting the minor conditional use permit will not be detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. All activities will take place underroof. The center will be in operation only during the early morning, evening, and weekends, when most other businesses in the center are closed. 3. Granting the minor conditional use permit will not allow a use, density or intensity that is not in accordance with the General Plan designation and any applicable specific plan for the property. The proposed use does not substantially increase the density or intensity at the property since no building area will be added; the use will operate outside normal business hours; and is quiet in nature. The information presented complies with Costa Mesa Municipal Code Section 13- 29(e) in that: 1. There will be a compatible and harmonious relationship between the proposed building and the site development, and use(s), and the building and site developments, and uses that exist or have been approved for the general neighborhood. Parking impacts will be avoided by conditioning the religious education and cultural center to operate during the early morning, evening, and weekends only. 2. Safety and compatibility of the design of buildings, parking area, landscaping, luminaries, and other site features which may include functional aspects of the site development such as automobile and pedestrian circulation have been considered. The proposed hours of operation are during the early morning, evening, and weekends only and adequate parking exists for both this use as well as the existing church at 3184 Airway Avenue, Suite A; therefore no traffic or parking impacts are anticipated. 3. The project complies with performance standards described elsewhere in this Zoning Code, and is conditioned to operate as described in this staff report. 4. The use is consistent with the General Plan in that a religious and cultural education center is considered a compatible use in the Industrial Park land use designation. 5. This zoning application is for a project -specific case and is not to be construed to be setting a precedent for future development. The project has been reviewed for compliance with the California Environmental -200- ZA-15-38 December 10, 2015 Page 5 of 6 Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt under Section 15301, Existing Facilities, of the CEQA Guidelines. D. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation described in this staff report: a religious education and cultural assembly center with the following hours of operation: Monday -Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m. Saturday: 10:00 a.m. to 2:00 p.m. Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year) Any change in the operational characteristics including, but not limited to, type of service provided or hours of operation will require approval of an amendment to the minor conditional use permit, subject to Zoning Administrator approval. 2. All uses shall be conducted within the tenant space (underroof). 3. If parking shortages or other parking -related problems arise, the center operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, modifying the hours of operation. 4. The applicant shall contact the Planning Division to arrange a Planning inspection of the site. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 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. Approval of the zoning application is valid for one year 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) obtains building permits for the authorized construction and initiates construction; and/or 2) obtains a business license and/or legally establishes the business. If the applicant is unable to establish the use/obtain building permits within the one-year time period, the applicant may request an extension of time. The Planning Division must receive a written request for the time extension prior to the expiration of the zoning application. 2. Permits shall be obtained for all signs according to the provisions of the _W1_ ZA-15-38 December 10, 2015 Page 6 of 6 SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary - 209— Costa Mesa Sign Ordinance. Bldg. 3. Comply with the requirements of the following adopted codes: 2013 California Building Code, 2013 California Electrical code, 2013 California Mechanical code, 2013 California Plumbing code and 2013 California Energy Code (or the applicable adopted, California Building code California Electrical code, California Mechanical code California Plumbing Code 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 Ci`,% of Costa Mesa. Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11 B of the 2013 California Building Code, 4. Requirements for accessibility to sites, facilities, buildings, and elements by individuals with disability shall comply with chapter 11B of the 2013 California Building Code. 1. Accessibility shall be to and through the front door and to the commercial space from the public sidewalk. 2. Accessible restrooms/bathrooms in the commercial space. 3. Accessible parking. 4. Accessible entry door, ramps, landings, sidewalks, hallways, strike edge clearances, and elevation changes. 5. Additional access requirements may be required as per 2013 California Building Code. Bus. 5. All contractors and subcontractors must have valid business licenses to do Lic. 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. 6. If required, a business license shall be obtained prior to the initiation the business. Trans. 7. The applicant shall submit a $2,172 Traffic Impact Fee to the Transportation Division prior to the effective date of the Minor Conditional Use Permit. The traffic impact fee is based upon the average daily trip generation rate of 9.11 net trip ends for the proposed use. The fee is required to fulfill mitigation of off-site traffic impacts pursuant to the prevailing schedule of charges adopted by the City Council. The traffic impact fee is calculated and includes credits for existing uses. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of the Minor Conditional Use Permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary - 209— ZA-15-38 December 10, 2015 Page 7 of 6 District at (949) 645-8400 for current district requirements. CDFA 2. Comply with the requirements of the California 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. AQMD 3. Applicant shall contact the Air Quality Management District (800) 288-7664 for potential additional conditions of development or for additional permits required by AQMD. r� Costa Mesa City of Costa Mesa ATTACHMENT 8 ❑ Appeal of Planning Commission Decision - $1,220.00 ❑ Appeal of Zoning Administrator/Staff Decision - $690.00 APPLICATION FOR APPEAL OR REVIEW Applicant Name* STEPHAN H. ANDRANIAN Address 77 Fair Drive, P.O Phone 231-8728 Representing REQUEST FOR: ❑ APPEAL Box 1200, Costa Mesa, Citv of Costa Mesa Plann ® REVIEW" CA 92628-1200 ina Commission Decision of which appeal or review is requested: (give application number, if applicable, and the date of the decision, if knnwn_) ZA-15-38, dated December 10, 2015 Decision by: Zonin2 Administrator Reasons for requesting appeal or review: Zoning Administrator's decision is to grant a minor conditional use permit for a deviation from shared parking requirements. Parking required for the subject premises is 55 spaces (per code), but the subject premises only includes 16 dedicated spaces. Review is requested to gauge impacts of the requested use on surrounding businesses. Date: 12/11/2015 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 or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal or review: —20-1— L S A LSA ASSOCIATES LNC. S 20 EXECUTIVE PARK. SUITE 200 IRVINE, CALIFORNIA 92614 January 21, 2016 ATTACHMENT 9 FRESNO RIVERSIDE 949.553.0666TEL BERKELEY PALM SPRINGS ROCKLIN 9!9.553.8076 FAX CARLSBAD PT. RICHMOND SAN LUIS OBISPO Salim Rahemtulla His Highness the Aga Khan Ismaili Council for the Western United States 17965 Sky Park Circle, Suites C and D Irvine, CA 92614 Subject: Parking Analysis for Proposed Religious Facilities at 3184 Airway Avenue, Suite J, in the City of Costa Mesa Dear Mr. Rahemtulla: LSA Associates, Inc. (LSA) has reviewed parking conditions within the Airway Avenue business park in relation to the proposed place of assembly and worship at 3184 Airway Avenue, Suite J, in the City of Costa Mesa (City). Currently, the church hosts assembly and worship at a smaller facility at 17965 Sky Park Circle in the City of Irvine, where they have been holding services since 1988. The proposed use will occupy a 6,000 -square -foot (sf) space within a 32 -building business park with three driveways off of Airway Avenue. In total, the business park at 3184-3190 Airway Avenue contains 493 marked parking spaces. Figure 1 (all figures attached) shows the project location and the parking spaces within the business park. The proposed use will divide the 6,000 sf space into an anteroom and prayer hall, seven offices, storage space, a lunch room, and two restrooms. Assembly will take place within an approximately 1,914 sf area. The purpose of this study is to identify whether sufficient parking is available within the business park during the proposed hours of operation to accommodate the new parking demand. Hours of Operation The hours of operation are not speculative. The current facility has been holding worship services to meet the needs of the congregation, and these service times will continue at the new facility. The list below presents the hours of operation. • 4:00 a.m. to 6:00 a.m. daily • 7:00 p.m. to 9:30 p.m. daily • 10:00 a.m. to 2:00 p.m. Saturday • 10:00 a.m. to 2:00 p.m. Sunday (up to 10 times per year) None of these hours of operation conflict with regular weekday business hours (i.e., 8:00 a.m. to 5:00 p.m.) within the business park. However, another church (i.e., Berean Community Church) is located at 3184 Airway Avenue, Suite A, and operates under a Conditional Use Permit (CUP) for the hours of 7:00 p.m. to 9:00 p.m. Friday; 9:00 a.m. to 11:00 a.m. Saturday (once per month); 9:00 a.m. to 1:00 p.m. Sunday; and 7:00 p.m. to 10:00 p.m. Sunday (up to four times per year). 1/21/16 «P:\AZA 150113184 Airway Parki ng.dom, PLANNING I ENVIRONMENTAL SCIENCES I DESIGN - ZDS LSA ASSOCIATES. INC. Given these pre-existing hours of operation, the potential for parking conflicts is limited to; • 7:00 p.m. to 9:00 p.m. on Friday • 10:00 a.m. to 1:00 p.m. on Sunday (up to 10 times per year) • 7:00 p.m. to 9:30 p.m. on Sunday (up to four times per year) While there is potential for parking conflicts on Sunday, these would be limited to times when either the existing or proposed church hold seldom -occurring special events. In a typical week, the potential for parking conflicts is limited to Friday evenings. The existing Berean Community Church holds college Bible study and youth Bible study starting at 7:00 p.m. every Friday. Friday evening worship services at the proposed church are expected to have the highest attendance of any of the church's services. Existing Parking Supply and Demand LSA confirmed the availability of parking during the proposed hours of operation and paid specific attention to the three time periods when parking conflicts are possible. LSA coordinated with an independent third -party data collection firm, National Data and Surveying Services, Inc., to collect parking data at the Airway Avenue business park. Table A shows the existing parking utilization and availability during the proposed service times. The values shown in Table A reflect the maximum parking demand during the surveyed time period. More detailed information about how parking demand varies during the surveyed time period is available in the attached parking accumulation data. Table A: Existing Parking Demand at 3184-3190 Airway Avenue As Table A shows, the Airway Avenue business park experiences nominal parking demand during most of the proposed church operating hours. However, the existing Berean Community Church does utilize parking during its authorized hours of operation. While the existing church CUP permits services on Sunday evening from 7:00 p.m. to 10:00 p.m. up to four times per year, one of those events was not scheduled during the surveyed period and the Sunday evening data in Table A reflects typical parking conditions that would occur the majority of the year. The maximum parking associated with the existing Berean Community Church is 109 parking spaces according to their CUP. Although the existing Berean Community Church CUP does not specify hours of operation 1/21/16 «PAAZA1501\3184 Airway Parking.docx» 2 Total Spaces Occupied Vacant Weekday 4:00 AM to 6:00 AM 493 70 423 Weekday 7:00 PM to 9:30 PM 493 87 406 Friday 7:00 PM to 9:30 PM 493 76 417 Saturday 4:00 AM to 6:00 AM 493 36 457 Saturday 10:00 AM to 2:00 PM 493 50 443 Saturday 7:00 PM to 9:30 PM 493 36 457 Sunda 4:00 AM to 6:00 AM 493 31 462 Sunday 10:00 AM to 2:00 PM 493 1 172 321 Sunda 7:00 PM to 9:30 PM 493 1 42 451 As Table A shows, the Airway Avenue business park experiences nominal parking demand during most of the proposed church operating hours. However, the existing Berean Community Church does utilize parking during its authorized hours of operation. While the existing church CUP permits services on Sunday evening from 7:00 p.m. to 10:00 p.m. up to four times per year, one of those events was not scheduled during the surveyed period and the Sunday evening data in Table A reflects typical parking conditions that would occur the majority of the year. The maximum parking associated with the existing Berean Community Church is 109 parking spaces according to their CUP. Although the existing Berean Community Church CUP does not specify hours of operation 1/21/16 «PAAZA1501\3184 Airway Parking.docx» 2 LSA ASSOCIATES, INC, during weekday evenings, the church holds adult Bible study at 7:00 p.m, on Wednesdays and Thursdays. The data in Table A reflects the parking conditions when this occurs. Required Parking Costa Mesa Municipal Code (CMMC) Section 13-89 establishes parking standards for nonresidential uses. Churches and other places of assembly require one parking space for each three fixed seats or one parking space for every 35 sf of seating area. The 1,914 sf assembly area would require 55 parking spaces per the CMMC. As Table A shows, at least 55 parking spaces are vacant during all of the proposed hours of operation. Future Parking Demand Some operational details about the facility were provided in a letter dated October 13, 2015. The letter states that of the 140 to 210 members, evening services. are typically attended by approximately 50 people, Friday evening services are attended by approximately 150 people, and special events can draw up to 200 people. While average vehicle occupancy (AVO) for the home- work trip may be close to 1.0, vehicle occupancy for other trips, such as to special events, is typically closer to 2.0. From previous projects examining travel behavior to religious services, LSA has found an AVO of approximately 1.7. As shown in Table B, applying an AVO of 1.7 to the operational data yields a potential parking demand for 29 spaces during evening services, except for Friday evening, when the expected parking demand is 88 spaces. During special events (held between 10:00 a.m. and 2:00 p.m. Sunday up to 10 times per year), parking demand could be as high as 118 spaces. Table B: Future Parking Demand at 3184 Airway Avenue Parking Distance from Suite J The proposed place of assembly and worship will occupy 3184 Airway Avenue, Suite J. While Table B shows that sufficient parking remains within the business park to accommodate the proposed use and hours of operation, parking spaces nearest Suites A and J will be the most 1/21/16 «P:\AZA 1501 \3184 Airway Parking.doex» - 20-7- Existing Vacant Spaces New Parking Demand Remaining Weekdav 4:00 AM to 6:00 AM 423 55 368 Weekday 7:00 PM to 9:30 PM 406 29 377 Friday 7:00 PM to 9:30 PM 417 88 329 Saturday 4:00 AM to 6:00 AM 457 55 402 Saturday 10:00 AM to 2:00 PM 443 55 388 Saturday 7:00 PM to 9:30 PM 457 55 402 Sunda 4:00 AM to 6:00 AM 462 55 407 Sunday 10:00 AM to 2:00 PM 321 118 203 Sunday 7:00 PM to 9:30 PM 451 55 396 Parking Distance from Suite J The proposed place of assembly and worship will occupy 3184 Airway Avenue, Suite J. While Table B shows that sufficient parking remains within the business park to accommodate the proposed use and hours of operation, parking spaces nearest Suites A and J will be the most 1/21/16 «P:\AZA 1501 \3184 Airway Parking.doex» - 20-7- 1AA A$saC.IArEA. 14<:. desirable. The competition for close parking spaces may give the appearance of a parking shortfall even when plentiful parking exists a short walk away. Ten parking spaces are located immediately adjacent to Suite A. Seventeen parking spaces are located immediately adjacent to Suite J. Most drivers will have to find a parking space a short distance away and walk to the building entrances. Figure 1, attached, shows the parking spaces and their approximate distance from Suites A and J. Table C restates the vacancy data from Table B and categorizes existing vacant parking spaces based on their distance from Suite J. Table C: Available Parking Spaces by Distance to Suite J As Table C shows, the closest parking spaces remain available for the proposed assembly and worship services on weekday mornings, weekday evenings, Saturday mornings, Saturday midday, Saturday evenings, Sunday mornings, and Sunday evenings. While sufficient parking spaces are available throughout 3184-3190 Airway Avenue, the closest parking spaces would not be available on Friday evenings and Sunday midday due to parking demand generated by the existing church. Up to four times per year, the closest parking spaces may not be available on Sunday evenings due to special events at Berean Community Church. However, during these time periods, sufficient parking would be available within 500 feet, which would require less than 5 minutes to walk and is generally considered to be an acceptable walking distance. Figure 2 illustrates the percentage of currently vacant spaces by distance between 10:00 a.m. and 2:00 p.m. on Sunday (i.e., when parking demand is highest). This is compared to the percentage of vacant spaces by distance with the proposed project. As Figure 2 shows, sufficient parking is available within 500 feet. All of the parking areas noted are within a 5 -minute walking distance, and the closest half of them would be occupied during services for both churches. This is the worst-case scenario, and it is expected to occur up to 10 times per year. On a weekly basis, only the Friday evening hours of operation overlap for the two churches. On Fridays, the spaces within 250 feet are expected to be filled, and the spaces between 250 and 500 feet would be 85 percent vacant. Conclusion The proposed place of assembly and worship at 3184 Airway Avenue, Suite J, will divide the 6,000 sf space into an anteroom and prayer hall, seven offices, storage space, a lunch room, and two restrooms. Assembly will take place within an approximately 1,914 sf area. 1/21/16 -P:\AZA1501\3184 Airway Parking.docx,, 4 -20S— New Parking Demand 0 to 250 Feet ExistingVacant 250 Feet to 500 Feet Spaces 500 Feet to 750 Feet 750 Feet to 1,000 Feet Total Weekday 4:00 AM to 6:00 AM 55 95 129 109 90 423 Weekday 7:00 PM to 9:30 PM 29 79 137 112 78 406 Friday 7:00 PM to 9:30 PM 88 77 134 115 91 1 417 Saturday 4:00 AM to 6:00 AM 55 105 140 118 94 457 Saturday 10:00 AM to 2:00 PM 55 98 137 117 91 443 Saturday 7:00 PM to 9:30 PM 55 107 139 118 93 457 Sunday 4:00 AM to 6:00 AM 55 110 139 118 95 462 Sundav 10:00 AM to 2:00 PM 118 13 113 109 86 321 Sunday 7:00 PM to 9:30 PM 55 107 136 116 92 451 As Table C shows, the closest parking spaces remain available for the proposed assembly and worship services on weekday mornings, weekday evenings, Saturday mornings, Saturday midday, Saturday evenings, Sunday mornings, and Sunday evenings. While sufficient parking spaces are available throughout 3184-3190 Airway Avenue, the closest parking spaces would not be available on Friday evenings and Sunday midday due to parking demand generated by the existing church. Up to four times per year, the closest parking spaces may not be available on Sunday evenings due to special events at Berean Community Church. However, during these time periods, sufficient parking would be available within 500 feet, which would require less than 5 minutes to walk and is generally considered to be an acceptable walking distance. Figure 2 illustrates the percentage of currently vacant spaces by distance between 10:00 a.m. and 2:00 p.m. on Sunday (i.e., when parking demand is highest). This is compared to the percentage of vacant spaces by distance with the proposed project. As Figure 2 shows, sufficient parking is available within 500 feet. All of the parking areas noted are within a 5 -minute walking distance, and the closest half of them would be occupied during services for both churches. This is the worst-case scenario, and it is expected to occur up to 10 times per year. On a weekly basis, only the Friday evening hours of operation overlap for the two churches. On Fridays, the spaces within 250 feet are expected to be filled, and the spaces between 250 and 500 feet would be 85 percent vacant. Conclusion The proposed place of assembly and worship at 3184 Airway Avenue, Suite J, will divide the 6,000 sf space into an anteroom and prayer hall, seven offices, storage space, a lunch room, and two restrooms. Assembly will take place within an approximately 1,914 sf area. 1/21/16 -P:\AZA1501\3184 Airway Parking.docx,, 4 -20S— LSA ASSOCIATES. INC. • The hours of operation are proposed to be: C 4:00 a.m. to 6:00 a.m. daily, 0 7:00 p.m. to 9:30 p.m. daily, 0 10:00 a.m. to 2:00 p.m. Saturday, and 0 10:00 a.m. to 2:00 p.m. Sunday (up to 10 times per year). • None of these hours of operation conflict with regular weekday business hours (i.e., 8:00 a.m. to 5:00 p.m.) within the business park. • However, another church (i.e., Berean Community Church) is located at 3184 Airway Avenue, Suite A, and operates during the hours of: 0 7:00 p.m. to 9:00 p.m. Friday, 0 9:00 a.m. to 11:00 a.m. Saturday (once per month), 0 9:00 a.m. to 1:00 p.m. Sunday, and 0 7:00 p.m. to 10:00 p.m. Sunday (up to four times per year). • The operation of the existing church presents potential for parking conflicts from: 0 7:00 p.m. to 9:00 p.m. Friday, 0 10:00 a.m, to 1:00 p.m. Sunday (up to 10 times per year), and 0 7:00 p.m. to 9:30 p.m. Sunday (up to four times per year). The existing parking utilization was collected during each of the proposed time periods for operation of the new church. All surveyed parking spaces were within a 5 -minute walking distance of the proposed church. The parking surveys revealed that sufficient parking remains within 250 feet to meet the new parking demand on weekday mornings, weekday evenings, Saturday mornings, Saturday midday, Saturday evenings, Sunday mornings, and Sunday evenings. Up to 10 times per year at Sunday midday and up to 4 times per year on Sunday evenings, new parking demand may require the use of the parking spaces within 250 to 500 feet. On a weekly basis, only the Friday evening hours of operation overlap for the two churches. On Fridays, the spaces within 250 feet are expected to be filled and the spaces between 250 and 500 feet would be 85 percent vacant. Sincerely, LSA ASSOCIATES, INC. I/U / Ken Wilhelm Principal Attachments: Figure 1: Project Location Figure 2: Existing and Future Sunday Midday Parking Parking Accumulation Data 1/21/16 «P:\AZA1501\3184 Airway Parking.dou- ,,.,, 0q L S A LEGEND - Parking Space 0 - 250 Feet Away - Parking Space 250 - 500 Feet Away N - Parking Space 500 - 750 Feet Away 0 too ,lug - Parking Space 750 - 1,000 Feet Away FEE:r XXX - Number or Marked Spaces (Total 493 Spaces) soutict: Google E.vO, I:iA%A 15011Gd..oc,1ion,cklr I 1?2(1' 1 G) FIGURE 1 3184 Ainvat! Sure J Project Location L S A LEGEND _ Parking Space 0 - 250 Feet Away Existing Percent Full Parking Space 250 - 500 Feet Away Future Percent Full v Parking Space 500 - 750 Feet Away 0 lull 200 Parking Space 750 - 1.000 Feet Away rr.eT XXX - Number of Marked Spaces (Total 493 Spaces) SOURCE: Google Earth 1:%AGA1i01AG\Sunday Parking dr (1!20!10) FIGURE 2 3184 Airvi,vv Suile J Existing and Future Sunday Midday Parking 5 s 9 4 8 Millil1lilli 8.1111111111 �eennm menfl dl■IIA d0■Ilfl ■1111 31111111111 31111111111 dneevinee demeiem �Olfll��ll �iieieime 31111111111 31111111111 dewiinem 31111111111 �elllii�ll — ZI 2,— �eennm menfl dneevinee demanee dewiinem dmienmee MINE — ZI 2,— �9�BII999�9999 �eriineum� �9oIIIIIINIIIN �o■unmtmn deiiiiieiwe� aEmn�n�ve �� donm 213 �eriineum� �o■unmtmn aEmn�n�ve iijpie ��! mmei■me�il� �iievoeeiie 213 �II� lill dmmmeie■ime demeievemee meeneie�Nim meeenne�ien �mnmei■ince deiuvi■ince doweei■lease deneememei■ doweHeu�i■ dENII11111N� ��III�IlIpf �emei�emeNr AGW99�@�9@9� �II� lill dmmmeie■ime demeievemee aeenmeeveinee �mnmei■ince deiuvi■ince doweei■lease �III,II;NIIMINIMUM. -2.1.,1- 410 011 al 0ilIt t 8 0C D1.7, 007� s 014',. =o- 015 021 020 y. .. X023 D.18y 1'7 024 01'9- � .ti 026 ` 2:T)0 �Qa4 PrP - oza �. * 001 03,0 f w 031 Dat 003 r . 032 d, : e 034 035 038 `�► �; r 03.7 _ r D;36�• �, �� F - �� oo lei ATTACHMENT 9 RESOLUTION NO. PC -16-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA REVERSING THE ZONING ADMINISTRATOR'S DECISION AND DENYING ZONING APPLICATION ZA-15-38, WITHOUT PREJUDICE, FOR A MINOR CONDITIONAL USE PERMIT FOR A DEVIATION FROM SHARED PARKING REQUIREMENTS DUE TO OFF- SET HOURS OF OPERATION FOR A RELIGIOUS EDUCATION AND CULTURAL ASSEMBLY USE AT 3184 AIRWAY AVENUE, SUITE J THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed Salim Rahemtulla, authorized agent for Randy Shafer, the property owner, requesting approval of the following: Zoning Application ZA-15-38, which was approved by the Zoning Administrator on December 10, 2015, is a minor conditional use permit for a deviation from shared parking requirements due to off -set hours of operation for a religious education and cultural assembly use: • Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m. • Saturday 10:00 a.m. — 2:00 p.m. • Sunday 10:00 a.m. — 2:00 p.m. (10 times per year). The request was approved by the Zoning Administrator on December 10, 2015, and called up for review by the Planning Commission on December 11, 2015. WHEREAS, a duly noticed public hearing held by the Planning Commission on February 8, 2016 with all persons having the opportunity to speak for and against the proposal; and BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the Planning Commission hereby reverses the Zoning Administrator's decision and DENIES, WITHOUT PREJUDICE, Planning Application ZA- 15-38 with respect to the property described above. 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 8th day of February, 2016 Robert L. Dickson Jr., Chair Costa Mesa Planning Commission -.21-7- STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) 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 February 8, 2016 by the following votes: AYES: McCarthy, Sesler, Andranian NOES: Dickson, Mathews ABSENT: None ABSTAIN: None y Claire L. Flynn, Secretary Costa Mesa Planning Commission EXHIBIT A FINDINGS (DENIAL) A. The information presented does not comply with Costa Mesa Municipal Code Section 13-29(g)(2) in that: Finding: The proposed use is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. Facts in Support of Findings: Evidence presented during the hearing showed that the parking demand for the proposed use would not be compatible with uses in the surrounding area, specifically, an existing church with offset hours of operation at 3184 Airway Avenue, Suite A (Berean Community Church). Public testimony at the hearing, which included representatives from the Berean Community Church, indicated that the parking demand for the existing church result in parking spaces throughout the property being occupied by churchgoers during their hours of operation, which would be exacerbated with the parking demand of the proposed use. As a result, the proposed use is not compatible with developments in the same general area and would be materially detrimental to other properties within the area. Finding: Granting the minor conditional use permit will be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Facts in Support of Findings: Based on the public testimony received during the meeting, the close proximity of two similar uses on the same property would be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Specifically, resulting in a shortage of available on-site parking spaces for other tenants and customers. Finding: Granting the minor conditional use permit will allow a use, density, or intensity which is not in accordance with the General plan designation. Facts in Support of Findings: Photographic evidence was presented during the hearing indicating that the existing church use operating at the property creates a shortage of available parking spaces for surrounding tenants and customers. Therefore, granting the minor conditional use permit will allow a use, density, or intensity which is not in accordance with the General Plan designation for the property. B. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures. Pursuant to Public Resources Code Section 21080(b)(5) and CEQA Guidelines — Z1q— Section 15270(a), CEQA does not apply to this project because it has been rejected and will not be carried out. C. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. - 21�D