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16 - PH-2 - Appeal of Conditional Use Permit PA-14-4 - 8/2/2016
CITY COUNCIL AGENDA REPORT MEETING DATE: AUGUST 2, 2016 ITEM NUMBER: PH -2 SUBJECT: APPEAL OF CONDITIONAL USE PERMIT PA -16-48 FOR ARTS AND LEARNING CONSERVATORY AND SHARED PARKING REQUIREMENTS AT 3184 AIRWAY AVENUE, SUITE A FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER DATE: JULY 21, 2016 FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov RECOMMENDATION Uphold or reverse the Planning Commission's decision to approve the proposed project, described below: Conditional use permit for the following: • To establish a music/theater arts and learning program for elementary and middle -school age children called Arts and Learning Conservatory. The proposed Conservatory will be located in an existing 6,000 square foot industrial building formerly utilized by the Berean Community Church. The building will be used for the following uses: administrative offices; after school music and theatre programs from 4:00 pm to 9:00 pm, Monday through Friday; summer day camp from 8:00 am to 3:00 pm, Monday through Friday, from June 15th through August 15th; and theatrical productions on 6 weekends Friday through Sunday throughout the year. • To approve a site-specific shared parking arrangement due to unique operating characteristics. A parking study prepared by LSA Associates identified a parking demand of 101 parking spaces during the 6 weekends throughout the year with theatrical productions. NOTE: The approval of Planning Application PA -16-48 will supersede the current Minor CUP for the Berean Church; and therefore, Zoning Application ZA-10-22 shall be revoked at this location. The project was approved by the Planning Commission on June 13, 2016, on a 5-0 vote. An appeal of the Planning Commission's approval was filed on June 17, 2016. AUTHORIZED AGENT/APPELLANT The authorized agent is Matt Christensen, representing Arts and Learning Conservatory, and Berean Community Church, the property owner. The appellant is Michael H. Leifer, attorney for Koll-Irvine Community Association. 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 industrial buildings with 493 parking spaces and three points of ingress/egress on Airway Avenue. Previous Entitlement (Suite A) In 2010, Minor Conditional Use Permit ZA-10-22 was approved for a church with offset hours of operation at the subject site (Berean Community Church). The church was allocated 109 parking spaces and was 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). The church is relocating to a new facility in the City of Irvine, making this location available for the proposed Conservatory. ZA-15-38 for 3184 Airway Avenue, Suite J A separate application for a minor conditional use permit (MCUP) was proposed to allow the establishment of a religious education and cultural assembly center in a nearby building (Suite J) within the same complex. A total of 55 parking spaces were required by code for the 1,914 square foot assembly area. The proposal involved off -set operational hours in order to utilize the parking area when the other businesses are closed. The following schedule was 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. 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 and considered by the City Council, which overturned the Planning Commission's denial and approved the request on March 16, 2016. The basis for the City Council's approval was the evidence submitted by the applicant indicating that the 493 on-site parking spaces throughout the complex were an adequate supply of parking spaces for the uses. City Council also added a condition of approval requiring that the applicant provide a detailed parking management plan to the Planning Division for review and approval prior to the establishment of the use. The approval of this project is currently involved in litigation with the appellant, which is unrelated to the proposed project other than the uses share the same parking areas. ANAI YRIR Project Description Arts & Learning Conservatory is an educational nonprofit offering musical theater and performing arts classes to children. The Conservatory works directly with school districts, utilizing school facilities for instruction, and currently has an off -campus location in Santa Ana where after-school and summer camp instruction is held. After- school and summer camp instruction would be relocated to the subject site. On a daily basis, approximately 15 students would arrive for instruction 4:00 pm to 9:00 pm, Monday through Friday. Summer camp instruction could accommodate as many as 40 students from 8:00 am to 3:00 pm, Monday through Friday, from June 15th through August 15th. The Conservatory staff consists of eight instructors and administrators. Students will be dropped off at the site and their parent's vehicle or other after-school transportation does not remain on-site during the instructional period. Vehicles may temporarily occupy a parking space while dropping off or picking up, but these spaces quickly turn over. Performances for the parents of students are held on 6 weekends throughout the year. Members of the public are able to purchase tickets for these performances as well (up to 250 persons total). These performances are held Fridays at 7:00 pm, Saturdays at 1:00 pm and 7:00 pm, and Sundays at 2:00 pm. According to the tenant improvement plan for Arts & Learning Conservatory, the theater space will be 3,523 square feet, which, according to the parking analysis prepared by LSA Associates, equates to a parking requirement of 101 spaces. Per CCMC Section 13-89 (Parking Standards for Non -Residential Uses) 17 parking spaces would be required for an MP (Industrial Park) use within the 6,000 square foot building. As a result, a shared parking analysis was prepared by LSA Associates for the Conservatory based on the operating characteristics described in their description letter (Attachment 3). Planning Commission Action On June 13, 2016, the project was considered by the Planning Commission. Based on the evidence presented by the applicant and testimony during the hearing, the Planning Commission approved the project on a 5-0 vote. The Planning Commission concluded that, because the proposed musical performances would be limited to 6 weekends a year, the parking impacts associated with the proposed use would be less than with the existing church use, which has services every weekend. A link to the Planning Commission staff report can be found on the City's website here (hardcopy also attached to this report): http://www.costamesaca.gov/ftp/planningcommission/agenda/2016/2016-06-13/PH-3.pdf The excerpt of the Planning Commission meeting minutes for the item are attached to this report (Attachment 7). Appeal of Planning Commission Action On June 17, 2016, an appeal of the Planning Commission's approval of the project was filed by Michael H. Leifer, attorney for Koll-Irvine Community Association. In the appeal, the appellant states that the proposed use is not compatible with the other uses within the complex. 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 approve the project; or 2. Reverse the Planning Commission's decision and deny the project. 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. Zonina MaD. and 500' Radius Ma 2. Site Photos 3. Appeal 4. Draft Resolutions and Exhibits 5. Correspondence From Public 6. Plans 7. Planning Commission Meeting Minutes 8. June 13, 2016 Planning Commission Staff Report and Attachments 9. Planning Commission Resolution cc: Palmieri Tyler, Attorneys At Law Attn: Michael H. Leifer P.O. Box 19712 Irvine, CA 92623 Matt Christensen 4 Park Plaza, Suite 900 Irvine, CA 92614 Berean Community Church 17 Sanderling Irvine, CA 92604 LSA Associates Attn: Arthur Black, Associate Transportation Planner 20 Executive Park, Suite 200 Irvine, CA 92614 City of Costa Mesa CITY OF COSTA MESA - [Created: 6/1/2016 8:41:09 AM] [Scale: 474.63] [Page: 8.5 x 11 / Landscape] Map Display �' Legend Address Hyd.rolo- Poifts gy Channel- Freeway s Roads doctor Street Froaway Names � street Centerlin- 04/ P --V es SECONDA- ROW RY Lines I RVA 3P i r,i Irl_ f ATTACHMENT 1 A. COUNTY R "iG � - 44 (G) 2002.6 GeoPriso. net (GeoVec. Inc.) - (866)422-2505 m z City of Costa Mesa CITY OF COSTA MESA - [Created: 6/1/2016 8:42:20 AM] [Scale: 474.63] [Page: 8.5 x 11 / Landscape] Overview Map Map Display Legend (C)2002-6 GeoPnse.net(GeoVec, Inc.) -(866)422-2505 GO247ft Address Hydrolo- Points gy Channel- reewa Fy s Roads h% C40ustor Street ^/ €roaway Names ^/ Mapr NNawgo„ street BLVD Centerlin:- w�^, es SECONDA, ROW Ry Lines (C)2002-6 GeoPnse.net(GeoVec, Inc.) -(866)422-2505 GO247ft rIo-pPrl LODP-Dr' i b I # Val a � • / -�'���s I r b ti � `r 77 1.Am !+ 01 r j /+ Y � r•��5 •r �.\ ♦ ��•. �% + SG C�►./ " F*•', `+ ��y/ /i 1,/� , f, A' �� A / ; Y1 a re• a T Y , � 7P LL / I! 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Leifer, attorney for Koll-Irvine Community Association Address c/o Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP, 1900 Main Street, Suite 100, Irvine, CA 92614 Phone (949) 851-7294 REQUEST FOR: Xn APPEAL ❑ REVIEW"* Decision of which appeal or review 1s requestea: (give application number, if applicable, and the date of the decision, if known.) PA -16-48 "Conditional Use Permit" to establish a theater/school at 3184-A Airway Avenue; decided on June 13, 2016. Decision by: Planning Commission Reasons for requesting appeal or review: The Planning Commission's decision was improper and an abuse of discretion. Koll-Irvine Community Association's objection letter submitted to the Planning Commission on June 13, 2016 is attached. This application in no way limits the grounds or evidence on which this appeal is being made. ate: `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 COUNCIUPLANNING COMMISSION MEETING OF: If appeal, rehearing, or review is for a person or body other than City Council/Planning Commission, date of hearing of appeal, rehearing, or review: K # 9 1 -L 2.- Updated April 2015 ANGELO J PALM ISRI (1926 1996) NO 0, RT F WALDRON (1927 1998) MICHAEL J. GREENE' RYAN M. EASTER DENNIS W. SHAW ELISE M, KERN DAVID D. PARR' MELISA R. PEREZ CHARLES H. KANTER' MICHAEL I. KEHOE PATRICK A, HENNESSEY CNADWICK C. BUNCH DON FISHER ANISH J. BANKER GREGORY N WEILER RYAN M PRAGER WARREN A. WILLIAMS ERIN BAL5ARA NADERI JOHN R. LISTER ERICA M. SOROSKY MICHAEL LEIFER JERAD BELTZ RICHARD A SALUS JOSHUA J. MARX NORMAN J. RODICH ERIN K. OYAMA RONALD M. COLE KATHERINE M SHAW MICHAEL L D'ANGELO BRIAN OUCKLIN STEPHEN A SCHECK OMAR HASHIM DONNA L SNOW NAZANI N TEMOURIAN ALAN H WIENER', OF COUNSEL ROBERT C IHRKE, OF COUNSEL MICHAEL C CHO. OF COUNSEL JAMES E WILHELM. RETIRED DENNIS 0, TYLER', RETIRED A FRGfESSIONAL GOAVORATION VIA E-MAIL PALMIERI TYLER A T T O R N E Y S A T L A W City of Costa Mesa Planning Commission 77 Fair Drive Costa Mesa, California 92626 June 13, 2016 P.O. Box 19712 Irvine, CA 92623-9712 Michael H. Leifer Direct Dial (649) 851-7294 Direct Fax (949) 825-5412 mieifer®ptwwK,com Refer To File No, 35458-003 Document I.D, 18238991 Re: Conditional Use Permit PA -16-48 for Arts and Learning Conservatory and Shared Parking Requirements at 3184 Airway Avenue Suite A Dear Planning Commissioners: This office represents the association for the business park in which the 3184-A Airway Avenue property is located in--Koll-Irvine Community Association ("Association,") The Association objects to the proposed conditional use permit. We request that this letter be included in the administrative record. In reviewing the Staff Report, it omits material and fundamental information, It improperly presents in favor of adoption by omission and mischaracterization. In many ways, the Staff Report defies common sense about the nature of the Association's business park development and the nature of the Theater/School applicant. In short, they don't mix. This Planning Commission is required to apply the Zoning Code even if it receives an inadequate or improper Staff Report. The Theater/School should not be approved: The Theater/School is simply not compatible with the business park, the rights of the Association or the rights of its members. The Planning Commission cannot properly grant a conditional use permit for this proposed use. It also may not approve a deviation from the parking requirements. 1900 Main Street, Suite 700, Irvine, CA 92614-7328 1 T 949,851.9400 1 F 949.851.1554 1 ptwww.com PALMIERI TYLER City of Costa Mesa Planning Commission June 13, 2016 Page 2 o The application is for a theater within the MP (industrial park) zone. The theater space as proposed is more than half of the square -footage of the 3184-A unit. (Staff Report, p. 3.) Pursuant to Costa Mesa Municipal Code section 13-30, Land Use Matrix items 99 and 100, a theater is neither a permitted nor conditionally permitted use in the MP zone. o Located next to the Freeway, the Airport and Redhill, the business park was developed for business use; not a Theater/School. The building and land ratio and configuration is business park, not Theater/School. The business park is subject to the CC&Rs. Staffs recommended approval is of a use that is not permitted. The Planning Commission cannot properly approve the requested "deviation" from parking requirements. o The Planning Commission cannot make the requisite findings to approve the request. o The parking area in the business park is part of the common area that is owned by the Association. Each member of the Association has a right to use the parking area --no one member's rights are superior or exclusive in relation to another member's. o Staff is recommending that the Planning Commission change the CC&Rs that govern the business park and the rights of the Association and its members by purporting to approve a surcharge on the parking by the applicant. Improper. o The Staff Report and the "analysis" provided is improper, incomplete and inadequate. The "analysis" of parking appears to be focused on the "6 weekends" of performances --a total of 30 performances. It contravenes the rights of other members. The "analysis" defies common sense and the existing conditions about which the City is aware. It ignores the parking situation that will occur on a daily basis for the school and summer camp components. The claim that the drop off and pick up does not need to be analyzed because "their parent's vehicle ... does not remain on- site during the instructional period" defies commonsense and is not supported. 1823699.1 PALMIERI TYLER City of Costa Mesa Planning Commission June 13, 2016 Page 3 o There has been no analysis of the circulation impacts on the parking area caused by having school-age children dropped off and picked up at set times during the day. Approval of this application would purport to substantially affect important rights of the Association and its members including the rights provided in the CC&Rs. There is no evidence to support this use in the MP industrial park zone. There is no evidence to support the deviation from the Municipal Code and the significant surcharge on the parking proposed by this use. The Association requests that the Planning Commission deny the instant application. MHL:ebn cc:Mel Lee, Senior Planner Client 1823699.1 RESOLUTION NO. 16- ATTACHMENT 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING PLANNING APPLICATION PA -16-48 FOR ARTS AND LEARNING CONSERVATORY AT 3184 AIRWAY AVENUE, SUITE A THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Matt Christensen, authorized agent for Arts and Learning Conservatory, and Berean Community Church, the property owner, requesting approval of a Conditional use permit for the following: • To establish a music/theater arts and learning program for elementary and middle -school age children called Arts and Learning Conservatory. The proposed Conservatory will be located in an existing 6,000 square foot industrial building formerly utilized by the Berean Community Church. The building will be used for the following uses: administrative offices; after school music and theatre programs from 4:00 pm to 9:00 pm, Monday through Friday; summer day camp from 8:00 am to 3:00 pm, Monday through Friday, from June 15th through August 15th; and theatrical productions on 6 weekends Friday through Sunday throughout the year. • To approve a site-specific shared parking arrangement due to unique operating characteristics. A parking study prepared by LSA Associates identified a parking demand of 101 parking spaces during the 6 weekends throughout the year with theatrical productions. WHEREAS, a duly noticed public hearing held by the Planning Commission on June 13, 2016 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 5-0 vote. WHEREAS, an appeal of the Planning Commission's approval of the project was filed on June 17, 2016. WHEREAS, a duly noticed public hearing held by the City Council on August 2, 2016 with all persons having the opportunity to speak for and against the proposal. WHEREAS, the approval of Planning Application PA -16-48 will supersede the current Minor CUP for the Berean Church; therefore, Zoning Application ZA-10-22 shall be revoked at this location. 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 City Council hereby APPROVES Planning Application PA -16-48. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application PA -16-48, 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 2nd day of August, 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 2nd day of August, 2016, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 2nd day of August, 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 EXHIBIT A FINDINGS (APPROVAL) A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) because: Finding: The proposed use is substantially compatible with uses in the same general area and would not be materially detrimental to other properties within the area. Facts in Support of Findings: The proposed use, with the recommended conditions of approval, will be compatible with the other uses in the immediate vicinity. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. Finding: Granting the use will not 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: The use is an existing industrial project consistent with the MP zoning of the property and, as conditioned, compatible with the properties in the vicinity. Compliance with the applicable Building and Fire Safety Codes will ensure that the use is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. The existing overall parking supply for the complex (493 spaces) has been determined to be adequate for the proposed use and existing uses within the complex. The parking study conducted by LSA Associates for the religious facility in Suite J as part of ZA-15-38 has been updated by LSA Associates for the proposed use. The study compared the existing conditions, including the approved religious facility in Suite J, with the existing church use and the proposed Conservatory. Finding: Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation for the property. Facts in Support of Findings: The property has a General Plan Designation of Industrial Park. The project, as conditioned, is consistent with the applicable provisions of the General Plan Designation. The request, as conditioned, is consistent with the following goals and objectives of the General Plan. The following describes the proposed project's consistency with specific goals and objectives of the General Plan, Land Use Element. • Goal LU -1: Land Use: It is the goal of the City of Costa Mesa to provide its citizens with a balanced community of residential, commercial, industrial, recreational, and institutional uses to satisfy the needs of the social and economic segments of the population and to retain the residential character of the City; to meet the competing demands for alternative developments within each land use classification within reasonable land use intensity limits; and to ensure the long term viability and productivity of the community's natural and man-made environments. Consistency: The recommended conditions of approval protects the balance of land uses satisfying the needs of the community as it pertains to instructional/education uses on the property without adversely impacting the adjoining uses. Therefore, the project is consistent with this General Plan goal. B. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. The project, as conditioned, is consistent with the applicable General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 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. EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation described in this staff report and herein: On a daily basis, a maximum of 15 students would arrive for instruction 4:00 pm to 9:00 pm, Monday through Friday. Summer camp instruction could accommodate a maximum of 40 students from 8:00 am to 3:00 pm, Monday through Friday, from June 15th through August 15th. The Conservatory staff consists of eight instructors and administrators. Students will be dropped off at the site and their parent's vehicle or other after-school transportation does not remain on-site during the instructional period. Performances for the parents of students are held on 6 weekends throughout the year. Members of the public are able to purchase tickets for these performances as well (up to 250 persons total). These performances are held Fridays at 7:00 pm, Saturdays at 1:00 pm and 7:00 pm, and Sundays at 2:00 pm. Any change in the operational characteristics shall require review by the Planning Division and may require an amendment to the Conditional Use Permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. As a ministerial action through a zoning verification letter, the Development Services Director may authorize minor amendments to the Conditional Use Permit relating to the increased frequency of assembly events/theatrical shows after a parking assessment is completed and adequate parking supply is validated. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(0)]. 2. All uses shall be conducted within the tenant space (underroof). 3. The applicant shall provide a detailed parking management plan to the Planning Division for review and approval prior to the establishment of the use. 4. If parking shortages or other parking -related problems arise, the operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, modifying the hours of operation. 5. The conditions of approval and ordinance or code provisions of Planning Application PA -16-48 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 6. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the establishment of the use. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 7. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or business owner shall institute appropriate security and operational measures are necessary to comply with this requirement. 8. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 9. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. 10. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of, or which are in any way related to, the applicant's project, or any approvals granted by City related to the applicant's project. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. City shall have the right to choose its own legal counsel to represent the City's interests, and applicant shall indemnify City for all such costs incurred by City. 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 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. 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. 5. If required, a business license shall be obtained prior to the initiation the business. 6. The applicant shall submit a Traffic Impact Fee to the Transportation Division prior to the establishment of the 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 the establishment of the use 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. RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DENYING PLANNING APPLICATION PA -16- 48 FOR ARTS AND LEARNING CONSERVATORY AT 3184 AIRWAY AVENUE, SUITE A THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Matt Christensen, authorized agent for Arts and Learning Conservatory, and Berean Community Church, the property owner, requesting approval of a Conditional use permit for the following: • To establish a music/theater arts and learning program for elementary and middle -school age children called Arts and Learning Conservatory. The proposed Conservatory will be located in an existing 6,000 square foot industrial building formerly utilized by the Berean Community Church. The building will be used for the following uses: administrative offices; after school music and theatre programs from 4:00 pm to 9:00 pm, Monday through Friday; summer day camp from 8:00 am to 3:00 pm, Monday through Friday, from June 151h through August 15th; and theatrical productions on 6 weekends Friday through Sunday throughout the year. To approve a site-specific shared parking arrangement due to unique operating characteristics. A parking study prepared by LSA Associates identified a parking demand of 101 parking spaces during the 6 weekends throughout the year with theatrical productions. WHEREAS, a duly noticed public hearing held by the Planning Commission on June 13, 2016 with all persons having the opportunity to speak for and against the proposal, and the project was approved by the Commission on a 5-0 vote. WHEREAS, an appeal of the Planning Commission's approval of the project was filed on June 17, 2016. WHEREAS, a duly noticed public hearing held by the City Council on August 2, 2016 with all persons having the opportunity to speak for and against the proposal. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit A, the City Council DENIES Planning Application PA -16-48 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 2nd day of August, 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 2nd day of August, 2016, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the 2nd day of August, 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 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 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 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. W- 3 COLGAN, JULIE Subject: With great pride and confidence I support the new location of Arts & Learning Conservatory in Costa Mesa! ATTACHMENT 5 From: Ruth DeNault [mailto:rdena_ult@denaults.com] Sent: Friday, lune 03, 2016 2:30 PM To: BOUWENS-KILLEEN, WILLA<W!LLA.BOUWFNS-KILLEEN costar77esaca. �nv> Subject: With great pride and confidence I support the Inew oction of Arts & Learning Conservatory in Costa Mesa! Hello, Arts & Learning Conservatory has brought outstanding educational programs in theater, music and orchestra to children of Orange County for over 10 years since it was founded by Debora Wondercheck. The instruction and programs are excellent and of great benefit to the development and confidence of the children and families. I am pleased to serve on the Board of Trustees of this fine organization. Thank you, Ruth DeNault San Clemente, Ca. 949-888-5200 x 102 P4-3 June 6, 2016 Costa Mesa Planning Commission RE: CUP Application PA -16-48 for the Arts and Learning Conservatory Dear Planning Commissioners: Berean Community Church ("Berean") is the owner of property located at 3184-A Airway Ave, Costa Mesa, California, the subject property of the CUP application. The church is going on 19 years since the start back in April of 1997, when the church started with only 20 members. Berean has been a Costa Mesa resident since 2010. We at Berean Community Church wholeheartedly support the approval of the CUP Application for the Arts and Learning Conservatory (the "Conservatory"). The Conservatory will be an excellent new owner of the Subject Property. Even though parking will be sufficient with the current use of Berean and the religious and cultural assembly at unit J, the use proposed by the Conservatory will significantly improve the parking impact at the business park. Therefore, we respectfully request the Planning Commission to approve the Conservatory's CUP Application. [Signatures of Berean Members are to Follow] Received City of costa Mesa Development Services Department JUN 0 6 2016 9 � - J Lee .f S�trdh �iw� - 2 � NO Mi' 3 M EYE M iFr e; c Lin ffv t-wa �S6,mtqp�y - 2q- lldkw FS Orai f - r ,;F?7 aim V11U� ' J C(Ir'c�l oe, Em i I Y "ru wl •�+� . r r en rr � ( C�; Otey Leese, f S Ei'C"'Shlf cif Ou[� 1 r b NPS Py,, ck�,UQI C�o ,:_,�nsaovt ©'i rtl� �.— fes G(.ct 00- M�CWA� -e 44, -36- ilio po-r ^6, m L �117i � -r M (rr(- L( ZEN (� &-tfhanif, 4--&ew A�n VLS Je--,r,i,t,OL F-V�2 g � Clnw-4�j 3Ew4 Tpo� ,Tq"wi�Cr 0.,0-12,w 9 Koko Km 5trhtAi1 7V' T 3 s v1' )I(", S0 W? , EiSSie tilU m Yl Pac i(West AssetManagemell l Corporation June 8, 2016 Ms. Willa Bouwens-Killeen, AICP Zoning Administrator Q City of Costa Mesa 77 Fair Drive o Costa Mesa, CA 92628-1200 10%fj' RE: MINOR CONDITIONAL USE PERMIT -APPLICATION PA -16-48 3184A 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 Conditional Use Permit #PA -16-48 for 3184A Airway Avenue in the Koll Irvine Community Association in Costa Mesa. Over the past few years the City has continued to approve Conditional Use Permits over our objections and exacerbated the parking problem here. We respectfully request you discontinue this burdensome action. 3184A Airway Avenue is part of the Koll Irvine Community Association. The Association never received notice of the proposal Conditional Use Permit for property. We only received a copy of the Notice of Public Hearing for June 13, 2016 regarding the proposed use from a concerned building owner near 3184A Airway Avenue. Based upon the recent approval of the Conditional Use Permit for 3184J Airway Avenue, its proximity to 3184A Airway Avenue and prior experience, the Board of Directors and members of the Association are very concerned for existing businesses within the business park related to the anticipated impact upon parking as a result the proposed use. The Koll Board of Directors is not in favor of the proposed use for 3184A Airway Avenue. The Board is also 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 considering 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(@pacificwest.cc Sincerely, Pacific West Asset Management Corporation David Hasan Property Manager 315 Enclosure Mailing Address H 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 OFFICIAL PUBLIC NOTICE The Costa Mesa'Planning Commission will conduct a public hearing as follows to consider: HEARING DATE: June 13, 2016 Application Nos. PA -16-48 Site Address: 3184 Airway Avenue, Suite A Contact: Planning Division (714) 754-5245 Website: www.costamesaca.gov HEARING TIME 6:00 P.M. or soon thereafter & LOCATION: Council Chambers City Hall 77 Fair Drive Costa Mesa, CA Applicant: Matt Christensen Zone: MP Environmental Exempt —Section 15301 Determination: Existing Facilities Email: PlanningCommission@costamesaca.gov Description: Conditional use permit to establish a music/theater arts and learning program for elementary and middle -school age children called The Arts and Learning Conservatory. The proposed Conservatory will be located in an existing 6,000 square foot industrial building formerly utilized by the Berean Community Church. The building will be used for the following uses: administrative offices; after school music and theatre programs from 4:00 pm to 9:00 pm, Monday through Friday; summer day camp from 8:00 am to 3:00 pm, Monday through Friday; and theatrical productions on 6 weekends Friday through Sunday throughout the year. The request also includes consideration of site-specific shared parking requirements due to unique operating characteristics. A parking study prepared by LSA Associates identifies a parking demand of a maximum of 101 parking spaces for the proposed use. If approved, the proposed conditional use permit shall supersede the current conditional use permit for the Borean Church which would be revoked. Environmental Determination: The project is categorically exempt under Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 (Existing Facilities). Public Comments: A copy of the application can be viewed on the City's webpage www.costai-nesaca.gov under the Development Services Department/Planning Division heading 72 hours prior to the hearing date. Public comments in either oral or written form may be presented during the public hearing. Any written communication, photos or other materials for distribution to the Planning Commission must be received by the Planning staff (2nd floor) prior to 3:00 pm on the day of the hearing (see date above). Please note that no copies of written communication will be made after 3:00 PM. If the public wishes to submit written comments to the Planning Commission at the hearing 10 -copies will be needed for distribution to the Commissioners, City Attorney and Staff. If you challenge this action in court, you may be limited to raising only those issues you, or someone else raised, at or prior to the hearing. For further information, telephone (714) 754-5245, or visit the Planning Division, Second Floor of City Hall, 77 Fair Drive, Costa Mesa, California. The Planning Division is open 8:00 a.m. to 5:00 p.m. Monday through Friday. OFFICIAL PUBLIC NOTICE - 3Ca- KOLL IRVINE CENTER M 3185 3165 8 N-�. �mw AZA - 319 . ❑ *:; 31A98 3797 _ z.. ' 1 97 + 3g9g1= `� 3198 ! 3194 E B 319.9 ■' -- • 3197 A i !a 3197 C 31 g7 3191 315 b $ 3191 3195 [ [ 3797 379$ O 3191 A 3189 A �� 3185 3 A_° C 4 � 3E5 '185 31 i c7 h 3183 3183 8 3785 3783 H 3185 3)83 3183 F 37 G G.u.P. Amll�.i; vn PA - l6- Ll 0 PAULARINO AVENUE! �.. 3194 D 3198' G it rr 3194 31981D i C i ' ■ 3194 3198 X195 B E rA 3194 I 3198 ! A F I •w, f bra r 3190 3198 K G 3190 3H8 3190 3190 3198 A H J 3190 3 K 8 k a -7}1!11 G 3198 •. 1:. E. 3190 3190 3190 3190 3198 3180 C D E F M `. 3188 3188 A 3188 3188 D B 3188 ;^ .. E 3188 !1111 111 F _ " 3188 G � 3 � 8 3188 3188 � J H 3188 E_ 3186 A 3186 3186 3186 B C D r 1R! loom 1 3 186 6 3186 F 3186 G 3186 3186 3186 3186 K H I 3184 3i 84 3184 A 3184 3184 E B c D 3184 F 3184 184 31 B4 3184 318% 331 L K J _ u�11111111 JOHN WAYNE AIRPORT -3� G.O.P. --EA - IS -38 �k MEYER PROPERTIES 4320 VON KARMAN m NEWPORT BEACH, CALIFORNIA 92660 (949) 862-0500 a FAX (949) 862-0515 June 10, 2016 Via Email: Planning Commission@costamesaca.gov Ms. Willa Bouwens-Killeen, AICPA Zoning Administrator City of Costa Mesa 77 Fair Dr. Costa Mesa, CA 92628 Re: Conditional Use Permit Application PA -16-48 The Arts and Learning Conservatory Dear Ms. Bouwens-Killeen: When Airway Commerce Center was developed I worked in the Commercial and Industrial Loan Department at Home Savings & Loan. We made a loan on one of the units and I remember that it was nice to see an industrial development with more than 2 parking spaces per 1000 square feet of useable building area. Over the years, the nature of the uses has changed dramatically while the number of parking spaces have not. Many of these changes were not contemplated in the CC&R's nor was the increased square footage of useable space which occurs when the inset doorways are enclosed. The effect of these changes has been to place an unreasonable and unmanageable burden upon the owners of the business park. As you know from the parking problems that, as we anticipated and advised the City when we recommended against approving the Islamic Education Center, have occurred and the City's intervention was required. While a security guard was hired to regulate the parking problem, our property manager now has to oversee the security guard. The business park has just under 3.5 parking spaces per 1000 square feet of usable building area. A 6000 square foot tenant should be able run his business with 21 spaces. The Arts and Learning Conservatory indicates they need 101 spaces. This is clearly unacceptable. The hours during which the Conservatory operates is in direct conflict with the existing businesses. Remember, these buildings are primarily occupied by small business owners who operate their business not only work during normal business hours, but often work outside of normal business hours. To the best of my knowledge the City has made no effort to study the parking issues at the business park nor to evaluate the cumulative effect of the numerous conditional use permits the it has approved. Moreover, this is a business park and not an appropriate site for children. It is not designed to handle the drop-off and pick-up of children. Having to dodge delivery trucks would be a significant hazard. Having such a use so close to the noise and pollution coming from the Orange County Airport is particularly deleterious to children.. In addition the use and parking requirements are in violation of our Association CC&R's. Logic and reason dictate that this use is inappropriate for Airway Commerce Center In closing I have to state that it is disappointing and distressing that the City continues to ignore the needs of current property owners. Sincerely, Meyer Properties VA2 James B. Hasty Senior Vice President cc: M.H. Leifer, Esq. June 13, 2016 Lee A. McCullough 1002 Presidio Drive Costa Mesa, CA 92626 Costa Mesa Planning Commission 77 Fair Drive Costa Mesa, CA 92626 Re: PA -16 14if 3184_A Airway Avenue - Music and Arts Conservatory N-3 Received City of Costa Mesa Development Services Department JUN 13 2016 Disclosures: I am a resident of Costa Mesa for forty years. I am the owner of 3194-C Airport Loop Drive in the same common interest development am an industrial property real estate broker since 1973, with the last 25 years with Colliers International. These comments are my own and in no way reflect the views of Colliers International or other agents within the firm. I object to the proposed CUP on both procedural grounds and operation specifics. Procedural: 1. Lack of proper notice to affected properties as required by state law.. The proposed CUP is for use of the common area of which I am an owner and association member, as are all property owners within the Common Interest Development known Koll/Irvine Center in the recorded Declarations and CC&Rs. Therefore all owner/ members should have received notification. 2. Since the proposed use is not permitted under the CC&R's, which run with the land, or approved by association members, the City of Costa should not have any say in the matter 3. The current CUP with the proposed seller of the application situs, the Berean Church, should expire when the party to which it was awarded is no longer the owner of the property. This is a conditional use permit which should not be confused with the permitted uses in the Declarations and CC&R's which do run with the land. Operation Specifics: As a practicing industrial property broker in Orange County for 40 years I do not support nonconforming uses in these industrial developments. All types of uses gravitate to the industrial communities because, as developed property types go, we are the lowest priced on the food chain — but there is a reason for that. Our uses have a larger FAR because we don't employ, on average, as many people per square foot of property and we don't have as many visitors. Office and retail zoned properties, with their much higher parking ratios and, consequently, higher prices are where these people intensive uses belong to locate The CC&R's regulate acceptable uses within the project, in good part, because the industrial zoning does not provide the parking for such people intensive uses. I believe our overall parking ratio is approximately 2.75 cars per one thousand square feet of building area. It was larger initially but as mandatory ADA adjustments were made the ratio dipped slightly. This 6,000 square foot learning center is entitled to 16.5 parking spaces. My 8,000 square foot unit is entitled to 22 parking spaces, all in common, none reserved. All association members pay for the maintenance and repair of the common area parking. Yet you are considering giving a benefit to one owner, for a use that is not allowed under the CC&R's and not supported by the association members, that is 6 times greater than any other similarly sized units is entitled to? .0 3. The proposed hours of operation are 4:00 AM to 9:00 PM Monday through Friday and 8:00 AM to 3:00 PM Monday through Friday in the summer. The administrative functions are acceptable, however the hours of the after school programs are in direct competition with the business hours of the traditional uses the project was developed to accommodate. There are industrial processes, deliveries and vehicles underway that are incompatible with middle —school aged children. Someone might raise the argument that similar uses have been previously approved in the project. So I ask, if you pursue a course of action that later results in overwhelming negative consequences, are you obligated to continue to make that mistake again just to be "fair"? Sincerely, Y� Lee A McCullough Daytime Phone- 949-874-2962 cc. Costa Mesa Planning Commission -A 1- SCHEDULE I - PERMITTED USES IN KOLL/IRVINE CENTER 6K1 094 9PC 175 81! 1 082P 221 1. Uses primarily engaged in research activities, including. but no► limited to, research laboratories and facilities, develop- mental laboratories and facilities, and compatible light manu- facturing such a5 but not limited to the following list of examples: a. Bio -Chemical b. Chemical ' c. Development Facilities for National welfare on Land, Sea and Air d. Film and Photography e. -Medical and Dental f. Metaiurgy -- g. Pharmaceutical h. X-ray 2. Manufacture, research assembly, testing and repair of compon- ents, devices, equipment and systems when incidental to the permitted use and parts and components such as but not limited to the following list of examples: a. Coils, Tubes. Semi -Conductors b. Communication, Navigation Control, Transmission and Recep- tion Equipment, Control Equipment and Systems, Guidance Equipment and Sys tents. C. Data Processing Equipment and Systems d. Glass Edging, Beveling and Silvering e. Graphics, Art Equipment f. MptPring Instruments g. Optical Devices, Equipment and Systems h. Phonographs, Audio Units. Radio Equipment and Television Equipment i. Photographic Equipment J. Radar, Infrared and Ultraviolet Equipment and Systems k. Scientific and Mechanical Instruments. I. Testing Equipment 3. Blueprinting, photostating, photo engraving, printing, publishing and bookbinding, provided that no on-site commerical service is associated with said use. 4. Administrative. professional and business offices associated with and accessory to a permitted use. 5. Headquarters offices, (Regional or home offices) of industries and which are limited to a single use and accessory to a permitted u5e. 6. Cafeteria, cafe, restraurant or auditorium accessory with and incidental to a permitted use. BX 10949?C 176 BX 1 1082FC 222 7. Manufacturing, to include but not limited to the following list of examples.: A. Manufacturing, and/or assembly of the following or similar products: 1 a. Aircraft and Related Components ' b. Automobiles, Trucks, Trailers and Parts C. Boats d. Clacks and Watches e. Coffins f. Ceramic Products g. Concrete Products h. Electrical Appliances i. Farm Equipment j. Heating and Ventilating Equipment k. Linoleum 1. Machinery and Machines Tools m. Musical Instruments n, Neon Slone a. Novelties P. Oil Well Values and Repairs q. Optical Goods r. Refrigeration S. Screw Machine Products t. Sheet Metal Products u. Shoes v. Silk Screens w. Sporting Goods x. Springs y. Stencils d. The Manufacture of produt;ts made from the following or similar materials: a.` Aluminum b. Bags, nYeept Burlap Bags or Sacks C. Batteries A. Boxes, Paper e. Brass f. Cans g. Copper h."Glass i. Grinding Wheels J. Iron K. linoleum 1. Matches .m. Mattresses n' Paper o. Steel P. Tin q. Tools r. Wool S. Yarn i eX 1 I O82P& 223 RX 1094911 177 C. The manufacturing, compounding, processing or treatment of the following or similar items: a. Candles b. Detergents C. Disinfectants d. Dye e. Food Products f. Pharmaceutical Products g. Plastics h. Toiletries I. Vitamin Products j. Waxes E Polishes 0. Woodworking Shops (provided that, if a planer, ~router, sticker or moulder is maintained, ell doors and windows In the outside walla of the roam fn Which Said machinery Is located shah be kept closed while said machines is in use) which produce such products as box, furniture and wood products. 8. Industries engaaed in the distribution and/or storage or warehousing of products similar to those listed as permitted uses in this section. 9. General Contractor and construction industries relating to the building industry. such as general contractors, electrical contractors, plumbing contractors, etc. 10. Architects. Designers. ERaineers, Contractor and Sub -Contractors.. rla+t,as, DistClj,-utlon and i+tasrhausa Facilities. T OFFICIAL PUBLIC NOTICE The Costa Mesa Planning Commission will conduct a public hearing as follows to consider. HEARING DATE: June 13, 2016 HEARING TIME & LOCATION: Application Nos. PA -16-48 Applicant: Site Address: 3184 Airway Avenue, Zone: Suite A Contact: Planning Division Environmental (714) 754-5245 Determination: Website: www.costamesaca.gov Email: 6:00 P.M. or soon thereafter Council Chambers City Hall 77 Fair Drive Costa Mesa, CA Matt Christensen MP Exempt —Section 15301 Existing Facilities PlanningCommission@costamesaca.gov Description: Conditional use permit to establish a music/theater arts and learning program for elementary and middle -school age children called The Arts and Learning Conservatory. The proposed Conservatory will be located in an existing 6,000 square foot industrial building formerly utilized by the Berean Community Church. The building will be used for the following uses: administrative offices; after school music and theatre programs from 4:00 pm to 9:00 pm, Monday through Friday; summer day camp from 8:00 am to 3:00 pm, Monday through Friday; and theatrical productions on 6 weekends Friday through Sunday throughout the year. The request also includes consideration of site-specific shared parking requirements due to unique operating characteristics. A parking study prepared by LSA Associates identifies a parking demand of a maximum of 101 parking spaces for the proposed use. If approved, the proposed conditional use permit shall supersede the current conditional use permit for the Borean Church which would be revoked. Environmental Determination: The project is categorically exempt under Section 15301 of the State CEQA (California Environmental Quality Act) Guidelines — Class 1 (Existing Facilities). Public Comments: A copy of the application can be viewed on the City's webpage www.costamesaca.gov under the Development Services Department/Planning Division heading 72 hours prior to the hearing date. Public comments in either oral or written form may be presented during the public hearing. Any written communication, photos or other materials for distribution to the Planning Commission must be received by the Planning staff (2nd floor) prior to 3:00 pm on the day of the hearing (see date above). Please note that no copies of written communication will be made after 3:00 PM. If the public wishes to submit written comments to the Planning Commission at the hearing 10 -copies will be needed for distribution to the Commissioners, City Attorney and Staff. If you challenge this action in court, you may be limited to raising only those issues you, or someone else raised, at or prior to the hearing. For further information, telephone (714) 754-5245, or visit the Planning Division, Second Floor of City Hall, 77 Fair Drive, Costa Mesa, California. The Planning Division is open 8:00 a.m. to 5:00 p.m. Monday through Friday. _4S OFFICIAL PUBLIC NOTICE PN -3 COLGAN, JULIE From: Michelle M. Pase <MPase@ptwww.com> Sent: Monday, June 13, 2016 3:51 PM To: PLANNING COMMISSION; LEE, MEL Cc: Michael H. Leifer; Michael Kehoe; Erin Balsara Naderi Subject: Conditional Use Permit PA -16-48 for Arts and Learning Conservatory and Shared Parking Requirements at 3184 Airway Ave., Suite A Attachments: 20160613145024.pdf At the request of Mr. Leifer, attached in PDF format is a correspondence of today's date regarding the above referenced matter. Please review. Thank you. Michelle Pase I Assistant to Michael H. Leifer, Erin B. Nader! and Nazani N. Temourian Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 1900 Main Street, Suite 700 1 Irvine, CA 92614 Direct Dial (949) 851-7325 1 Fax (949) 851-1554 mpase@ptwww.com I ptwww.com PALM I E R I TYLE R AT T O R N E Y S A T L A W This message and any attached documents contain information from the law firm of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP that may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. PALMIERI TYLER ANGELO J PALMIER) (1926-1998) ROBERT F. WALDRON (1927.1996) MICHAELJ GREENE' RYAN M EASTER DENNIS W. GRAN' ELISE M. KERN DAVID D. PARR' MELISA R, PEREZ CHARLES H KANTER* MICHAEL I. KEHOE PATRICK A HENNESSEY CHADWICK C. BUNCH DON FISHER ANISH J. BANKER GREGORY N. WEILER RYAN M, PRAGER WARREN A, WILLIAMS ERIN BALSARA NADERI JOHN R LISTER ERICA M. SOROSKY MICHAEL H LEIFER JERAD BELTZ RICHARD A. SALUS JOSHUAJ MARX NORMAN J, RODICH ERIN K- OYAMA RONALD M. COLE KATHERINE M SHAW MICHAEL L, D'ANGELO BRIAN GLICKLIN STEPHEN A SCHECK OMAR HASHIM DONNA L SNOW NAZANI N TEMOURIAN ALAN H. WIENER', OF COUNSEL ROBERT C IHRKE, OF COUNSEL MICHAEL C CHO, OF COUNSEL JAMES E WILHELM, RETIRED DENNIS G. TYLER', RETIRED 'A PROFESSIONAL CORPORATION VIA E-MAIL ATTORNEYS AT LAW June 13, 2016 City of Costa Mesa Planning Commission 77 Fair Drive Costa Mesa, California 92626 P.O. Box 19712 Irvine, CA 92623.9712 Michael H. Leifer Direct Dial (949) 851-7294 Direct Fax (949) 825.5412 mlelfer@ptwww,com Refer To File No, 35458-003 Document I.D. 1823699.1 Re: Conditional Use Permit PA -16-48 for Arts and Learning Conservatory and Shared Parking Requirements at 3184 Airway Avenue, Suite A Dear Planning Commissioners: This office represents the association for the business park in which the 3184-A Airway Avenue property is located in--Koll-Irvine Community Association ("Association.") The Association objects to the proposed conditional use permit. We request that this letter be included in the administrative record. In reviewing the Staff Report, it omits material and fundamental information. It improperly presents in favor of adoption by omission and mischaracterization. In many ways, the Staff Report defies common sense about the nature of the Association's business park development and the nature of the Theater/School applicant. In short, they don't mix. This Planning Commission is required to apply the Zoning Code even if it receives an inadequate or improper Staff Report. The Theater/School should not be approved: The Theater/School is simply not compatible with the business park, the rights of the Association or the rights of its members. The Planning Commission cannot properly grant a conditional use permit for this proposed use. It also may not approve a deviation from the parking requirements. WE 1900 Main Street, Suite 700, Irvine, CA 92614-7328 1 T 949.851.9400 1 F 949.851.1554 1 ptwww.com PALMIERI TYLER City of Costa Mesa Planning Commission June 13, 2016 Page 2 o The application is for a theater within the MP (industrial park) zone. The theater space as proposed is more than half of the square -footage of the 3184-A unit. (Staff Report, p. 3.) Pursuant to Costa Mesa Municipal Code section 13-30, Land Use Matrix items 99 and 100, a theater is neither a permitted nor conditionally permitted use in the MP zone. o Located next to the Freeway, the Airport and Redhill, the business park was developed for business use; not a Theater/School. The building and land ratio and configuration is business park, not Theater/School. The business park is subject to the CC&Rs. Staffs recommended approval is of a use that is not permitted. The Planning Commission cannot properly approve the requested "deviation" from parking requirements. o The Planning Commission cannot make the requisite findings to approve the request. o The parking area in the business park is part of the common area that is owned by the Association. Each member of the Association has a right to use the parking area --no one member's rights are superior or exclusive in relation to another member's. o Staff is recommending that the Planning Commission change the CC&Rs that govern the business park and the rights of the Association and its members by purporting to approve a surcharge on the parking by the applicant. Improper. o The Staff Report and the "analysis" provided is improper, incomplete and inadequate. The "analysis" of parking appears to be focused on the "6 weekends" of performances --a total of 30 performances. It contravenes the rights of other members. The "analysis" defies common sense and the existing conditions about which the City is aware. It ignores the parking situation that will occur on a daily basis for the school and summer camp components. The claim that the drop off and pick up does not need to be analyzed because "their parent's vehicle ... does not remain on- site during the instructional period" defies commonsense and is not supported. 1823699.1 ~ - U PALMIERI TYLER City of Costa Mesa Planning Commission June 13, 2016 Page 3 o There has been no analysis of the circulation impacts on the parking area caused by having school-age children dropped off and picked up at set times during the day. Approval of this application would purport to substantially affect important rights of the Association and its members including the rights provided in the CC&Rs. There is no evidence to support this use in the MP industrial park zone. There is no evidence to support the deviation from the Municipal Code and the significant surcharge on the parking proposed by this use. The Association requests that the Planning Commission deny the instant application. MHL:ebn cc: Mel Lee, Senior Planner Client 1823699.1 14Q Law O. - aces of 1Phif p TKim, , 'PC P iA PROFESSiONAL LAW CORPORATION0-,5 June 13, 2016 Mel Lee Senior Planner City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628-1200 Re: CONDITIONAL USE PERMIT PA -16-48 FOR THE ARTS AND LEARNING CONSERVATORY Dear Ms. Lee: I am a member and one of the leaders of Bcrean Community Church. I am also an attorney practicing in the area of real property and frequently deal with land use issues with various cities in California. I am writing today to submit my support for the above -referenced CUP application and to address some of the letters in opposition to the CUP. I would like to address some concerns brought up in the letter from the association. In the letter, it states that it is "clearly unacceptable" for the proposed use to have 101 parking spaces. I hope it is clear to the commissioners that the 101 spaces are only anticipated during special performance dates, which are held 6 weekends per year. These include Friday evening, Saturday, and Sunday, which should not impact any of the existing uses. Also, the letter states that the Conservatory will have hours that is in direct conflict with the existing businesses. Please note that for the majority of business hours, the space will be used as an administrative office for 8 employees, who will only use 8 of the required 17 parking spaces. It is only from 4:00 pm to 9:00 pm that there will be classes held for 15 students, daily. The cars that do arrive will not be staying, as they will be parking mainly for drop-off purposes. Moreover, the LSA Associates, Inc. parking analysis at top of page 3 states regarding the parking impact during regular business hours as follows: "...Therefore, the proposed project is not anticipated to impact parking at 3184 Airway Avenue during regular business hours." Additionally, the association claims that the City has made no effort to study the parking issues, nor evaluate the effects of previous discretionary approvals. This statement is contrary to the record. I believe that the planning staff has provided a thorough staff report and has done an excellent job in considering the parking impact from the previous entitlements to Suite A and Suite J. Also, the extensive parking study performed by LSA Associates is substantial evidence supporting a finding of sufficient parking for the proposed use. Furthermore, I am attaching as Exhibit A a letter sent by the association regarding CUP application for 3184 J Airway Avenue. The association letter for this CUP application and Exhibit A are almost identical in wording and seems to be a standard cut and paste letter. I would also like to address the claim that the site is not appropriate for children. Suite A is located immediately adjacent to Airway Avenue, and is the first building you see when you turn into the entrance. Because it is located on the edge of the industrial park, the dropping of of students will not impact the surrounding uses. It will not be necessary for the parents to drive through the entire parking lot to arrive at Suite A. Furthermore, children will not have to travel around any other suites to reach Suite A, as the parents can park directly in front of the proposed location. I believe that this is a prime location that avoids disturbance to the neighboring uses. (See attached photographs) S© Mel Lee June 13, 2016 Page 2 As for the area being a hazard to young children, I ask that the Commission be consistent with the past discretionary approvals. Berean Community Church has more than 50 children attending Sunday school each week, and the newly approved religious education center in Suite J will also have children. There is no basis of these claims of hazard for the children. Finally, I am also attaching, as Exhibit B and Exhibit C two letters submitted in opposition to CUP application for 3184 J Airway Avenue. In those letters, the neighbors pleaded with the City that only one religious organization should be approved within the business park. If the the planning commision approves the application that is before you today, the concerns of these neighbors will have been addressed. In conclusion, on March 15, 2016, the City Council of Costa Mesa found that the existing parking supply for the complex (493 spaces) has been determined to be adequate to accommodate two religious assembly. The current application will ruduc e the parking demand at the complex. It stands to reasnn that this commission must find that the parking supply for the complex (493) is adequate for the use contemplated by the application before you today. I hope that you will trust the planning staff's recommendation and approve the conditional use permit. Thank you. Sincerely, hilip Y. Kim Encl: 25 E. ToothiffBlvd., Arcadia, Cat:forma 91006 Tel. 909-762-1616 1 fiEV 302-371-5787 —,51— u P c�cWest Asset anagementCarpontian Via Certifier! 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 DEC Q Z =3 RE: MINOR CONDITIONAL USE PERMIT -APPLICATION ZA-15-38 3184) 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 Sincerely, Pacific West Asset Management Corporation David Hagan Property Manager Enclosures Mailing Address N P,O, Box 19068 4> Irgiae, California 91623.9068 3191-0 Airport Loop 0 COSIa Mesa, California 92626.3404 N 714.433.7300 F. 714.433.7330 —S21— 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 _53_ FfC3WARDBURD1NC RAi N 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: I 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 dncuit 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. ThankpLl, Mike Howard Howard Building Corporation CHM, LLC 707 WLSHRE BLVD STE 3750 LOS ANGELES. CA 00017 PH. 213.693.1650 FX. 213.688.1651 LIC #445804 3184 AIRWAY AVENUE UNIT K COSTA MESA. CA 92626 PK 711639.2272 FX, 714A44.3446 UC /446804 4 � •� it .- i,' ����� _ �r.��•�� � I k FTC rn, ice f v� Aift z IL f s s, iy t �� ftti,,00 f v� Aift z IL f s s, iy t �� June 27, 2016 Lee A. McCullough 1002 Presidio Drive Costa Mesa, CA 92626 Costa Mesa Planning Commission 77 Fair Drive Costa Mesa, CA 92626 Re: PA -16-48 3184-A Airway Avenue - Music and Arts Conservatory CUP I was unable to attend referenced the conditional use hearing on June 13`h, but I watched the video and know that the letter I submitted was received. There were several comments made or questions posed that I would have responded to. The issue of proper legal notification seemed to be minimized. However, a look at the City of Costa Mesa's conditional use permit application clearly shows that the Owner of the property must sign the application. This is a CUP requirement consistent among all cities, as it should be. If a prospective occupant for one of the units located in the development at the North East corner of Baker Street and Fairview wanted to pursue a CUP you would first require that CJ Segerstrom, as the owner of the property, sign the application — yet this requirement seems to be consistently ignored when it comes to areas under ownership by the association. This proposed use, along with the church it would replace, is a "Conditional" use and as such, the planning commission and the city council can require any number of reasonable conditions. In my opinion, the first reasonable condition should be that the use has been approved by the association or, at the very least, is not in direct conflict with the underlying CC&R's. Please remember this is private property so my basic question is - do you, as a commission, or the city council, have the right to give the use of private property to someone else just because they want it? Imagine there is a large family living down the street from you and they own 9 cars which they do have enough room to park on their own property. So, I give them YOUR driveway. Mind you, I don't give it to them all the time, just 6 times a year for 3 days each time along with some short term use after 4:00 pm, but also earlier during the summer. You might object to that, but since most of the time when I drive by your house your driveway is empty, why shouldn't these nice people have access to something they need and you obviously aren't utilizing? Why? Because it should be up to them to find a solution to their parking needs that doesn't involve the taking of your right to use your private property. Sincerely, 4?;�a.�c� Lee A McCullough Daytime Phone- 949-874-2962 Received City of Costa Mesa Dowlopmant Selv�cee Cepanment —50— JUN 18 2016 TENANT IMPROVEMENT FOR: The Arts & Learning Conservatory 3184-A Airway, Costa Mesa, CA 92626 PROPOSED PROJECT - SUITE 31"A AIRWAY AVENUE i �n0 PUBLIC SIDE WALK EXISTING SIDEWALK 1 AI d� I i O x 61 ,t m x o ? NORTH ZONING APP # NPDES NOTES: STORM WATER POLLUTION PREVENTION NOTES: STORM WATER POIUMO N PREVENTION DEVICES AND PRACTICE 5 SHALL BE INSTALLED ANGOR NSTTITRTED AS NECE SSARY TO ENSURE CAMPLIAHCE TO TINE CRY OF COSTA MESS WATER QUALITY STANDARDS CONTAINED IN 0 1PTER 3. WATER. OF DN'tlBDRA OF TITLE -00P THE COSTA MESA MUMVPAL CODE ARO ANY EROSION CONTROL PLAN ASSOCIATEDYIRI I THIS PROJECT -AL1 SUCH DEVICES ANDPRACTICLS SHALL BE MALNTALNEM WSPECTED AND/OR MONITORED TO ERSi1RE ADEQUACY AND PROPER FUNCTION THROUGHOUT THE DURATION OF THE tM5M8nOH PROJECT. COMPLINNCE TO THE WATER QUALITY STANDARDS AND ANY EROSION CONTROL PLAN ASSOCIATED WON THIS PROJECT INCLUDES, BUT ISNOT LIMITED TO THE FOLLOWING REOIRREMENTS: 1. IMTS AND OTHER POLLUTANTS MAY NOT BE TRANS PORTE O FROMTHE SITE R S VIA SHEET OW. SWAESARE GRAINALL BE FIETA040 ON SITE UNTIL PROPERLY S' ANDNATURAL DRAINAGE COURSES OR WIND, 2 STOCKPILES OF EARTH ANO OTHER CONSTRUCTION- RELATEDLWTERIALSSHALLSEPROTECTED FROM eEeN4 TRANSPORTED FROM THE COTE BY THE FORCES OF WIND RNID WATER FLOW. 3. Fl]ELS,(XLS,SOLVENTS. AND OTHER TOXIC MATERHLS SHALL BE STORWD IN ACCORDANCE WITH TINFOIL METING ANO APE NOT TO DONTAAtINATE THE SOL AND SUitTACE WATERS. ALL APPROVED STCIPAOF.I:ONTAMNERS ARE l0 DE p77OTECTE33 FROM THE WFATN ETT. 6lLILl.B MUST BE CIEANEDUP IMµfOMTELY ANO OISIADSEO OF IH A PROPER ;M47NN£ R SPILLS MAT NOT 0E W ASNlED VETO THE DTNINADESYIitEM, HOR BE ALLOWED TO SErrtE Oft pNFILTW.TB MTU SOIL 4. EKCESS OR WASTE CONCRETE MAY NOT BE WASHED INTO THE PUBLICWAY ORANY OTHER DPAAIAGE SYSTEM. PROVISIONS SHALL. BE MADE TO RETAIN COLCAETE WASTES ONSITE UNTILTHEY CAN BE DISPOSED OF AS SOLID WASTES, 5. TRASH ANDCONISTRUCIIOH SWO WAS1Eg SHALL BE DEPO9(TED INTO COVERED RECEPTACLE TO PRE'1ETNT COHTALNSIILTLON OF NV/IWATER IW OO{SPERSAL eY W WD. 6. SEDWENTS AND OTHER MATERVAl.&AL7/Y NOT BE TRACSE0 FROM THE SITE BY VEHICULAR TRAFFIC. THE CONSTRUCTION ENTRANCE ROADWAYS MIJSi I!E STABL.iZ£D S-AS'. AS TOINI-ITSEOIMEIOS FRLYA "LNG DEPQSnT" INTO T}fE PUBLIC WAY. A=DE7TTAL DEPOSITS SMALL DE SW£F7 UP DNMEOVIIELY AND MAY NOT BE WASHED DOWN BY RAIN OR OTHER MEANS. 7. ANY SLOPES WITH DISTURBED SOLS OR REMOVED VEGETATION SHALL BE STABIUZED TO INHIBIT EROSION BY WIND AND WATER. g STORMWATLTNpOLLUnFoN PREVENTION DENCESANDIORPRACTICES SHALL BE MODIFIED AS NEEDEC AS THE PR6IECT PROUR£SSE$ TO ENSURE EFFECTNENFSS. NOTES lA4nnLC Wr anana 1. SEPARATE REVIEW ,APPROVAL &PERMRARE REQUIRED FOR SIGNS, 1 TACTILE EXIT SHALL BE REQUIRED AT ALL DOORS WHERE AN WALLS NOT SUPPORTING A ROOF. STORAGE RACKS AND FLOOR EXIT SIGN IS INDICATED ON THE PLANS. STORAGE AREAS, THE USE, HANDLING, STORING AND DISPENSING HAZARDOUS MATERIALS, 2. AT EACH GRADE -LEVEL EXIT DOOR A TACTILE EXIT SIGN WITH THE 2. TENANT IMPROVEMENT DESIGN IS BASED UPON THE 2007 EDITIONS ORD'EX17 SHALL BE INSTALLED NEXT TO THE DOOR PER SECTION OF THE CALIFORNIA BUILDING CODE, TITLE 24, CPC, CMC, & CEC 1V032.B01. 3. NOT USED 3 AT EACH EXIT DOOR LEADING TO A STAIR A TACTILE EXIT SIGN WITH USED THEWORDS'DRT STAIR DOWN' OR 'EXIT STAIR UP' SHALL BE 4. NOT INSTALLED NEXT TO THE DOOR PER SECTION 10032.8.6.1. 6, ALL WORK SHALL COMPLY WITH CURRENTLY ADOPTED UBC, UPC, UMC, AND NEC. 4 EXIT DOORS WITH AN IXR SIGN THAT LEAD FROM A ROOM TO A GENERAL A DA. NOTES CORRIDOR SHALL ALSO HAVE A TACTILE SIGN WITH THE WORDS,'EXrT ACGESS NOTES ROUTE' INSTALLED NEXT TO THE DOOR PER SECTION 10032.8.6.1 _OMABLEO 1. A7 EVERY PUBLIC FNTRANCf,ANDA7 RrQTY 14AVOR FUNCTION RRFA 5. EXIT DOORS AT HORIZONTAL EXITS SHALL HAVE A TACTILE SIGN WITH THE WORDS, TO IXR-NSTAI.LED NEXT TO THE DOOR PER SECTION ALONG OR LFAOING7OAN ACCESSIBLE ROUTE pFTRAVELTHEFIEIS 10032 B.&1. TO BE ASXTH OfBPLAYINGTIIEINTERfN170NALSTM=OF ACC£SSISILTTY, SKNNSARE FISWIRED TO WDrATE THE -(;IPW TO ACCESSIBLE BUILDING ENTRANCES AND FACILITIES, PER SECTION SIW9A0e MENTIFYINO POR PERMANEIR ROOMS' 1114B.1.6.7 AND 1127B.3 1. CHARACTERS SHALL BEA MINIMUM OF 5IB'TOA MAXIMUM OFT 2. WHERE MORE THAN ONE ROUTE OF TRAVEL IS PROVIDED, ALL ROUTES BKALL SE ACCPSSIOLE. 2 CHARACTERS AND SYMBOLS SHALL BE RAISED MINIMUM IW 3, THE MAXIMUM SLOPE OF THE ACCESSIBLE PARKING SURFACES AND 3, CHARACTERS SHALL BE SANS SERIF UPPERCASE. ADJACENT ACCESS AISLES SHALL BE NO MORE THAN 114':12' (%) PER SECTION 1129BAZ 4, CHARACTERS SHALL BE ACCOMPANIED BY GRADE 2 BRAILLE 4 1 H WORDS -NO PARKING' SHALL BE PAIWMD OR UFF GROUND S PICTOGRAMS SHALL BE ACCOMPANIED BY AVERBAL DESCRIPTION EACH LOAfXNGA1HLWIONG ACCESS ISLE N WHITE LETTERS 12' PLACED DIRECTLY BELOW THE PICTOGRAM. HKNH mb AO,JIl F.O SO 1 HAT IT IS VISHILF TO TRAFFIC WORCEMENI OFFICIALS PER SECTION 1129BA.1 AND 11298.42 6 THE OUTSIDE DIMENSION OFA PICTOGRAM SHALL BE A MINIMUM OF 5. OPERABLE PARTS OF ALL CONTROLS, DISPENSERS, RECEPTACLES, S.MICI IES AND OT7FR OPERABLE EQUIPIMENT I.TIALL BE PLACED 7. CHARACTERS, SYMBOLS AND THEIR BACKGROUND SHALL HAVE WIT MR 414 OF THE FLOOR BUT HOT LOWER THAN I6'. NONGLARE FINISH. 6. ELECTRKJAL AND DATA SYSTEM RECF. PTACLES ON WALLS SHALL BE B CHARACTERSANO SYMBOLS SHALL CONTRAST WITH THEIR MOUNTED NO LESS THAN 16-ABOV E THE FLGWL BACKGROUND, LIGHT ON DARK OR DARK ON LIGHT. 7 CONTROLS AND OPERATING MECHANISMS SHALL COMPLY WITH SECTIONS SIGNAGE SHALL BE CENTERED 6(r ABOVE THE FINISH FLOOR 11178,6. B ALL BUILDING ENTRANCES THAT ARE ACCESSIBLE SHALL BE IDENRFlED 10, SIGNAGE SHALL BE MOUNTE D ON THE WALL AT THE LATCH SIDE OF WITH A MINIMUM OF ONE SYMBOL OF ACCESSIBILITY AND WITH THE DOOR ADDITIONAL DIRECTIONAL SIGNS, UTILIZING THE SYMBOL, AT JUNCTIONS 11. SIGNAGE SHALL BE LOCATED SO AS TO AVOID THE SWING OF THE DOOR OR PROTRUDING OBJECTS OVERHEAD SIGNAGE: 1. CHA.HP.CTERS SHALL KAVWA WID1H TO HEKSHT RATTD OF BETWEEN 3S AND In AND A STROKE WIDTH TO HEIGHT RATIO BETWEEN 1� AND 1:10 2 CHARACTERS SHALL BEA MINIMUM OF 3- TALL 3. CHARACTERS, SYMBOLS AND THEIR BACKGROUND SMALL HAVE NOH-OLAAE FINISH. 4. CHARACTERS AND SYMBOLS SHALL COTTRASTWITH THEIR BACKGROUND, LIGHT ON DARK OR DARK ON LIGHT. BRAILLE. SECTION 1117B.AS 1- CONTRACTED GRADE 2 BRAILLE SHALL BE USED WHEREVER BRAILLE IS REQUIRED. 2. DOTS SHALL BE 1110' ON CENTER IN EACH CELL AND 210' BETWEEN CELLS. 3. DOTS SHALL BE RAISED A MINIMUM V40- ABOVE THE BACKGROUND 4, SYMBOL OF ACCESSIBILITY: B. THE SYMBOL SHALL CONSIST OF A WHITE FIGURE ON A BLUE BACRGfiWHD• THE BINE SHALL BE EOUN- TO ODLOR NO. IBM M FEDERAL STANDARD 5655. 7 7 7 NN. AND INFORMATIONAL MNAGE: 1. CKARACI ERS SHALI RAVE A W014 TO HEL4ITI RATIO OF 7ETWEEN 35 AND 1:1 ANDA STROKE WIDTHWE TO HEIGHT RATIO U BETWEEN 13 AND 1:10. 2 CHARACTERS SHALL SIZED ACCORDING TO THE VIEWING DISTANCE FROM WHICH THEY ARE READ PER FIGURE 115-A. 3 CHARACTERS, SYMBOLS AND THEIR BACKGROUND SHALL 14AVEA NONGLARE FINISH 4. CHARACTERS AND SYMBOLS SHALL CONTRASTWITH THEIR BACKGROUND, LIGHT ON DARK OR DARK ON LIGHT. LIST OF DRAWINGS: ARCHITECTURAL T-1 PROJECT INFORMATION & SITE PLAN T-1.1 ENLARGED SITE PLAN & PARKING RESTRIPING A-1 PROPOSED FLOOR PLAN A-4 ELEVATIONS x r� SCOPE OF WORK THE EXISTING HU ILONO IS AONE STORY BUILDING FORMERLY USED AS A CHURCH TVLU,p OWN ER ID pk Or w 3 TODD IMPROVEMENT Ano CONVERTTHE SFA:E IBTO A MUSIC AHD PERFORMLR=c 9 LEARNNiG GENTER.ARC1B11ECTUML DESIGN TO TH): OUILOWG CONSISTS OF AD01NG Two NEW OFFV; 5MD(4+E SIDRAGEISOUND EOUIPMENT ROOM OWNER'S INFORMATION: OWNERS NAME The Alb & Leeming CmaM 1my TELEPHONE NO: 7147207100 STREET ADDRESS: 318" AIRWAY COSTA MESA, CA 90526 PROJECT INFORMATION: ATTACHMENT 6 ASSESSOR'S PARCEL NO: EXISTING OCCUPANCY GROUP. B PROPOSED OCCUPANCY GROUP. A3 CCN5TRUCTIOH TYPE: He APPLIMIG N CODES: 2057 CBC. C£C. CPC, CMC, 2008 CALFORNIA ENERGY STANDARDS FIRE SPRINKLER: YES TOTAL IMA DING MEIN• ss35 Bo. FT. (6,00 <%WD MAX ALLOWABLE AREA FOR TYPE MB, GROUP A3) PARNIHG SPACE PROVIDED STAN DAND WI CON PACT 456 11CC�SBLE STANDARD ACCESSIBLE 11 VAN ACCESSIBLE 7 ;e . s • u � a MIN. RP WIIREIIERT) TOTAL: 474 PROJECT REPRESENTATIVES: I (Y"ER THE ARTS LEARNING CONSERVATORY 316MAIRWAY COSTA MESA. CA 92M CONTACT: Debm WunONri.Id Fou dedCEO PH: 714.728710D ARCHITECT: VERTREES A&E 532 E LAMBERT ROAD BREA, CA DMI CON TACT:J Vereees, P.E. Alkm:lV PH: 1714R554NN5 e.neiNoe{prrurrwe.mm VICINITY MAP 1p. ftFIVY 0973 532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 lax. 714.255.9646 www.vortreesoe.com Proposed: TENANT IMPROVEMENT For. THE ARTS AND LEARNING CONSERVATORY 3184-A AIRWAY, COSTA MESA, CA 92626 aocvny�� ti� w•� o�'"i�:�m TITLE SHEET VAE Project No. 0973 T-1 PROJECT LOCATION NORTH 0973 532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 lax. 714.255.9646 www.vortreesoe.com Proposed: TENANT IMPROVEMENT For. THE ARTS AND LEARNING CONSERVATORY 3184-A AIRWAY, COSTA MESA, CA 92626 aocvny�� ti� w•� o�'"i�:�m TITLE SHEET VAE Project No. 0973 T-1 ACCESSIBLE PARKING STALL ACCESSIBILITY PARKING SIN PROPOSED (PROMDE VAN ACCESSBLE'9U1 LOW) A O O O . CONCRETE SIDEWALK .. 0" an IMI EXIT TO STREET WTH NON -SIP SURFACE (LIGHT BROOM FINISti) !W�NEEL STOP r CONCRETE W9EEL 5501K :I yT.yl!fL',,��'33 ❑0 @A4i 3 r1-.+! 1.1 IOP ➢.i" AT BASE KIM 1 TYPICAL PLAN a (0") ZERO CURB FACE-IYP- DETECTABLE TACTILE WARNING � EVICES TO BE RECESSED D�- LINE OF TRANSITION FROM WITH ADJACENT CONCRETE Ff" ASP,ALI 10 CONCRETE TYPICAL SECTION -A RM OS z d f 4" NIDE STRIPES 0 36. 0 C •4 . � r 12" 41GH WHITE LETTERING SYMBOL OF ACCESSIBILITY n yu q q ]t w 'dRT NOTES: I. EACti SPACE FOR NE DISABLED 15 REQUIRED TO BE IOENIIFIED BY A PERMANENT, REFLECTORDED SIGN Y "C 5"0• Nl'I THE INTERNATIONAL SYMBOL YL': E R IR. Nh, OF ACCESSIBILITY. 0 VAN SPACE 2 14E SURFACE OF EACH SPACE FOR THE DISABLED IS REQUIRED TO 4AVE A 34007 SQUARE O INTERNATIONAL SYMBOL OF ACCESSIBILITY STENCILED IN BLUE PAINT. ACCESSIBLE PARKING SIGN 70 SO INCH STEEL SIGN "/ INTERNATIONAL SYMBOL OF ACCESSIBILITY IN BLUE W NMTE REFLEC IONIZED PORCELAIN FIN154 ADD "VAN ACCESSIBLE" SIGN TO POST AT VAN SIALL 1/2 RA)IUS, TYP. G -I- POST, "UNISIRUT P-1000 OR E0. EMBED IN CONCRETE FOOTING 19 C IP. CONCRETE FODIING EXTERIOR GRADE OR IARDSCAPE NOTE TIE SIGN SNAIL BE LOCATED WERE THERE 15 AN UNOBSTRUCTED NEW OF THE SIGN FROM THE PARKING SPACE TRUNCATED DOMES INTERNATIONAL SYMBOL OF ACCESSIBILITY, PAINTE) WUTE '"DELI COLOR M0. )',AR PER FE)ERAL STANDAR) 595A FES6MImw.5 PLACE A SIGN AT EVERY PUBLIC ENTRANCE AND AT EVERY MAJOR JUNCTION ALONG OR LEADING TO AN ACCESSIBLE PATH OF TRAVEL DISPLAYING THE INTERNATIONAL SYMBOL OF ACCESSIBILIFY. SIGNS SHALL INDICATE THE DIRECTION TO ACCESSIBLE FACILITY ENTRANCES AND COMPLY WITH §1117B.5 THROUGH 1117B.5.10 NO PUBLIC SIDE WALK AIRWAY AVENUE PROPOSED LANDSCAPE A O O O . SUITE 3184 A .. EXIT TO STREET !W�NEEL STOP r :I yT.yl!fL',,��'33 ❑0 @A4i 3 r1-.+! 1.1 IOP ➢.i" AT BASE KIM 1 TYPICAL PLAN a DETECTABLE TACTILE WARNING � EVICES TO BE RECESSED D�- WITH TOP SURFACE FLUSH WITH ADJACENT CONCRETE Ff" TYPICAL SECTION -A RM OS PARKING SPACE EMBLEM INTERNATIONAL SYMBOL OF ACCESSIBILITY, PAINTE) WUTE '"DELI COLOR M0. )',AR PER FE)ERAL STANDAR) 595A FES6MImw.5 PLACE A SIGN AT EVERY PUBLIC ENTRANCE AND AT EVERY MAJOR JUNCTION ALONG OR LEADING TO AN ACCESSIBLE PATH OF TRAVEL DISPLAYING THE INTERNATIONAL SYMBOL OF ACCESSIBILIFY. SIGNS SHALL INDICATE THE DIRECTION TO ACCESSIBLE FACILITY ENTRANCES AND COMPLY WITH §1117B.5 THROUGH 1117B.5.10 NO PUBLIC SIDE WALK AIRWAY AVENUE LANDSCAPE 14 EXIT TO PUBLK WAY ' I�r"1.1 J 3186 L 1 ENLARGED REFERENCE SITE PLAN _ ', I� ��LL��tltA1'r "� �I]�IIIIMIBf TIRM>•IN�--�`, cl��•*•Rw`. j�j i� I WHEEL STOP, ( 3� ' WH LANDSCAPE kJ 9'-17- 5'-0" B_U 9'-0- B' -R I 91 9' -Ir 51-0, 9'-0' s' -v B6 IUit NOTE: PAIN] ON PAVEMENT IN TIE STALL, A PROFILE NEWSYMBOL DF ]EPIC TING A W,EELCtiIIR n/ OCCUPANT TIE PROFILE NEW StiALL BE LOCATE) SO THAT T•1.1 ACICESSIBILm', TYR IT IS VISIBLE TO A IRA FIC ENFORCEMENT OFFICER MEN A KtiICLE IS PROPERLY PARKED EXISTING ACCESSIBLE PARKING STRIPING -EOR REFERENCE ONLY. IN TIE SPACE. ALL PAINT STALL BE REFLECTORIZED © O 1/5" = 1'-0" SITE PLAN ACCESSIBLE PARKINGS 3188A 31896 3188G SftlBD .i 1�F'�)� 71 I7 17 jllVln�Ifljl Ij 1�-���-�� �ii� i�1 LJ���11 I1111�i1111111 LJ 3180E 31118K 31881 .3180H 31!11 L ❑111111iffliffli W LEMhE:"-:. 318fiD Z W 1111111115IL1111 nllllllllllllllllllllln 3180E Q MOB V/VI Ll 31%G Qa, 3188E 3186K 31861 3111H P- 3184 E PROJECT- sUFCE 3041 A 3184B 3104C .31841) 311114 VAN • VAN 3154 G 31841- 3184K 3184) 3104H nTffm PARKING SPACE PROVIDED STANDARD W/ COMPACT 456 /LCCESS03LE STANDARDACCESSIBLE 11 VAN AFCSBSIBLE 7 0+6-100 NVR, REQUIREMENT) TOTAL: 474 31848 LANDSCAPE m` LANDSCAPE 0973 532 East Lambert Road Brea, CA 92521 tot. 714,285.9645 tax- 714.255.9646 www.vortroosao.com Q�W IVA 0 Proposed: TENANT IMPROVEMENT For. THE ARTS AND LEARNING CONSERVATORY 3184-A AIRWAY, COSTA MESA, CA 92626 ENLARGED SITE PLAN 0973 T-1.1 PROPOSED LANDSCAPE PROJECT SUITE 3184 A EXIT TO STREET !W�NEEL STOP :I yT.yl!fL',,��'33 1t• ' �y'- 3 r1-.+! 1 c� "f f •4 . � r LANDSCAPE 14 EXIT TO PUBLK WAY ' I�r"1.1 J 3186 L 1 ENLARGED REFERENCE SITE PLAN _ ', I� ��LL��tltA1'r "� �I]�IIIIMIBf TIRM>•IN�--�`, cl��•*•Rw`. j�j i� I WHEEL STOP, ( 3� ' WH LANDSCAPE kJ 9'-17- 5'-0" B_U 9'-0- B' -R I 91 9' -Ir 51-0, 9'-0' s' -v B6 IUit NOTE: PAIN] ON PAVEMENT IN TIE STALL, A PROFILE NEWSYMBOL DF ]EPIC TING A W,EELCtiIIR n/ OCCUPANT TIE PROFILE NEW StiALL BE LOCATE) SO THAT T•1.1 ACICESSIBILm', TYR IT IS VISIBLE TO A IRA FIC ENFORCEMENT OFFICER MEN A KtiICLE IS PROPERLY PARKED EXISTING ACCESSIBLE PARKING STRIPING -EOR REFERENCE ONLY. IN TIE SPACE. ALL PAINT STALL BE REFLECTORIZED © O 1/5" = 1'-0" SITE PLAN ACCESSIBLE PARKINGS 3188A 31896 3188G SftlBD .i 1�F'�)� 71 I7 17 jllVln�Ifljl Ij 1�-���-�� �ii� i�1 LJ���11 I1111�i1111111 LJ 3180E 31118K 31881 .3180H 31!11 L ❑111111iffliffli W LEMhE:"-:. 318fiD Z W 1111111115IL1111 nllllllllllllllllllllln 3180E Q MOB V/VI Ll 31%G Qa, 3188E 3186K 31861 3111H P- 3184 E PROJECT- sUFCE 3041 A 3184B 3104C .31841) 311114 VAN • VAN 3154 G 31841- 3184K 3184) 3104H nTffm PARKING SPACE PROVIDED STANDARD W/ COMPACT 456 /LCCESS03LE STANDARDACCESSIBLE 11 VAN AFCSBSIBLE 7 0+6-100 NVR, REQUIREMENT) TOTAL: 474 31848 LANDSCAPE m` LANDSCAPE 0973 532 East Lambert Road Brea, CA 92521 tot. 714,285.9645 tax- 714.255.9646 www.vortroosao.com Q�W IVA 0 Proposed: TENANT IMPROVEMENT For. THE ARTS AND LEARNING CONSERVATORY 3184-A AIRWAY, COSTA MESA, CA 92626 ENLARGED SITE PLAN 0973 T-1.1 WALL TYPE NOTES: WALL TYPE NOTES: INSULATION WHERE OCCURS PER PLAN O KEYNOTE O KEYNOTE INSTALL INSULATION WHERE OCCURS PER PLAN WALLL_,r'ONENTSALLsruossKALLCOMPLrwRHs.s.MA WALLCOMPONENTS(ALLSTUD`$SHALLCOMPLYMRTH � 3 R.i3BATTINSULATION, t9 EXISTING ACCESSIBLE SYMBOL WALL TYPE WALL HEIGHT I SYM WAL . , PE WALL HEIGHT AND BE N ACCORDANCE WITH I.C.C. AND BE IN ACL> GANCE WITH I.C.C. ER4943P) NP. �1' IXRTITIOST - 70,x. SD29125 8-113 BAT NSULADON WH WRHHOWN ON P At EACH EXISTING - O PARTITION- PSiDeRO AND HE BATT INSULATION WHERE SHOWN ON pL.ViB. 4 NEW STUD WALL AL 20 (E) STAIRS (3 RISERS EXTERIOR WALL PLUMBING WALL PRONDEr HEIGHT TN WALL GYP. BD. -SEE WALL 6' = 2 ) [2] TREADS scHEnuLe � It' _�') EXISTING STOREFRONT NEW2S EXISTING WINDOW ® INTERIOR WALL - OT GLAZED WALL 12 -lY '/ FUR TNG WALL FURRING WALL EXIST INTERIOR FULL HEIGHT (16' - 5- MAX.) 362S72533 METAL STUDS AT I6 O, C. WITH 541' GYP, BG AT EACH SIDE EXST EXTERIOR 30ZS12543 METAL STUDS ATi6'O.CWRHSIB'EXTERIOR 1O AND R-13 BATT INSULATION WHERE SHOWN ON PLANS a DECORATIVE16 -p SOPPY 90. PAINTED WITH 1141THICK FINE PIASTER WITH B E%i871NG TEMP. GLASS PARTITIONAND 113BL. DOOR. EXST INTERIOR 12'- 6' MIN. (6- MIN. OVER 382512533 METAL STUDS AT 24'O.C. WITH 516' GYP. BD. AT EACH SIDE O PARTITION SUSPENDED ACOUSTIC Ary0 R-13 BATT INSULATION WHERE SHOWN ON PLANS EXST EXTERIOR 3625125-43 METAL STUDS AT 12' O C WITH CULTURED STONE ON 1B E%I$T 18� PLA CEILINO USPENDED O DECORATIVE 1B -D THE EXTERIOR SIDE, SEE DETAIL ON7/A42 532 East Lambert Road O WALL Brea, CA 92821 EXST INTERIOR 5'-0' 3 PARTITION362512633 METAL STUDS AT 24' O.C. WITH 516' GYP. BD. AT EACH SIDE EXST INTERIOR 362S1Z533 METAL STUDS AT 24' O,G WITH 51°' GYP. BD. AT EACH SIDE WAL.LLEGEND fel. 714.255.9645 11' -6' ATTACH TO 0 4'- EXI,gT01G WHLS TO REWJN EXST INTERIOR 362572533 METAL STUDS AT 24'O.C. WITH 6/B'GYP. BD. AT EACH SIDE PARTITION fQX. 714.255.9646 O4 PARTITION NT HARD CEILING 1,7.6' MIN.18' MIN, CHER .V1 EXST INTERIOR 5. _O. 3625725-33 METAL STUDS AT 24' O,C WITH 5.R' GYP. BD. AT EACH SIDE W INrERIDR MkTAL 5TV0 WALL O ST INTERIOR SSHMOpp AC06STIC 362512533 METAL STUDS AT 24'O.C. WITH 5/B'GYP. BD. AT �v% PARTITION FURRINGWALL nyy�n INTERIOR SIDE AND R-13 BATTINSULARON www.vertroosoo.com 4'-101rr 4'-0' U' -P q' -or 19-C 3.6' 1T•Z' i' -Q 10.6' a•-7 SEE SIDEWALK SEE SIDEWALK LANDSCAPE DRAWINGS 1 LANDSCAPE DRAWINGS '.S' ww— n ....... RESTROOM � I I EXTINGUISHER AI -2 6 g Qa/I!/W ( . 3P W ;a OFFICE = _ IA A04 132.85 SF = ,t:: �� ,�: AW2° � 3' UP 3A INEW) n I 1043W' DOOR Im a4len I EXIST. 2X4 MTL. STUDS FI t- WALLi I6'GG 4•- 11N'CLR. 1°N •" +, — — I RECEPTION :> yr I „ 120.27 SF F°' 105sTTRL � 9'-4' x 13'-1' °LR_ 7 0;1�' (SEW) NEW MTL, STUD DOOR WALL 3._B_ X10 T /,E 3'-0' 5'-03M' -In $. 10'-11/4' EXIST PLANTER 5 � a _ q'. q• PfOp059d' ,B LOBBY CARPETFLOOR THEATER a $ } 101 RELOCATED 6'x7' DBL 10 5 0 $ TENANT IMPROVEMENT T. DOOR >g3523.03 SF R'_5g For. 671 '1 .63 SF B 1" x 33'-4a 1"�4I 60'-6" X 58"-4" THE ARTS AND 2X12 FJ6,B•OP– LEARNING AG1 04 1 CONSERVATORY 3'-0' S•1' 9Y -. 0' S-4tN• I B' -111N' � 3 ,a 4'-0• 3184-A AIRWAY, 102 IN O ) >, sr ti COSTA MESA, 3k1 R CA 92626 7 – DOO FILL—IN EXIST 5 RELOCATED WINDOW DPIG. 3 STORAGE/SOUND'°'' _ wwnoaw,,. I_ FIREN(R0014 s 10 202 Aa 1400.48 SF �P' FLOOR •—•(SN 19'-5' x 20'-9' Up 3R x C — A4 6 60' . PLAN 95 Q• tt 0 1 •GI A42 /•} '° (L) FIRE R `4 ! EXTINGUISHER , I �I FT —107A t, f� SOiL Ap.7 j VAE Project No. 3 0973 4 I4 )ELEGTTN� V. PANEL j// `,. (E) AC PAVING A.+ SEE ELECTRICAL DRAWING V A-1 1]'-q 1 2' 700•_P _ - NORTH PROPOSED FLOOR PLAN "� PR? = t' 0 0973 O KEYNOTE 8 MISTING DOOR LOGO LOCATION 27 E,[lSTWGwnu 59 E7ClSTW G CANOPY 3184 A 55 EXISTING DOWNSPOUT ' Be EXISTING WINDOW 67 EXISTING STOREFRONT 532 East Lambert Road T r T T WINDOWS Brea. CA 92821 5 tel. 714.255.9645 T IYh T 4 tax. 714.255.9646 i r b www.vertroesoo.com Q� T T T Irk I I>=L1=11i=111=1 I i=111= 1 1 JIM -�-ZRIPT-11 f=T1-1, 1 L JI 11- 1--1 1_J=11 "' SOUTH ELII=II _ - 111— S e oil ........... ...... - 5111: � — — — — — — — — RL I I -r LTi -I l I— — _ — — — =1 I -I 111-111_ Ill-1TI=1 I I=111-111=111=11 I-111=1 _1T1 --I i 1=1=LI 1=1 !-j 11-� �lTj� I I�---�T_1= T -I 1-iZkI I l IJ= I -1 i 1 �= - - I I �i - -11- I lel 11 ull =1 11=L=1TI�lll -I i �I 1 f -I '- -"'-1 1-{ 11=1 I -�I I I i X11 I -I 1 i-11 -' I'- 11 r�l I i� I i =1 1=i I� I I-1 I� --f I i I I IIIl 11„l I - WEST ELEVATION —' I I I—III--{ I 17-5 I ""'� T III—I it—I i + es � Proposed: TENANT IMPROVEMENT For. THE ARTS AND LEARNING CONSERVATORY _ _ _ _ _ 3184-A AIRWAY, OV -71-1 TW— v—COSTA MESA, 7I-1Ji�I 1-1 I� LE l- i 1I 1 !moi II-=�-CA 92626 NORTH ELEVRno>r I,-1 I t� 11 I l i-'I� ,/4•=,-0 lII�'- '1=11=111 �j1= 111111 x1=11 _ �iT_II -I I !—I I I— 41' armniro mw eec�m.m w.ax•ww•. ELEVATIONS I VAE Project No. 0973 I' �='i r-11 1-11 TiT1 f �I 1 i :111= i=J=T- - i i - ! �- =i; I_ '� - -' `� 1LL - i 1= i-T-1�T, 1T1 i f- ;=1�i [-�i l 1�1-1�=1 W-4 i -CTI ri 1fflIM I i i �i � I� a- � 1=r i i 1� � 1 I- I 1=1� A-4 EAST ELEIIA17t7N 1 CI I _I ' 1 I Ill -i I (-��1Ti k �T=i �r Lr 1I1�=I [ 1 L TI—I Ii�1 I 1—T� 0973 ATTACHMENT APPROVED MINUTE EXCERPTS FROM THE JUNE 13, 2016 PLANNING COMMISSION MEETING REGARDING THE ARTS AND LEARNING CONSERVATORY (Public Hearing No. 3 — PA -16-48) 3. Application No.: PA -16-48 Applicant: Matt Christensen Site Address: 3184 Airway Avenue, Suite A Zone: MP, Industrial Park 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: Conditional use permit for the following: • To establish a music/theater arts and learning program for elementary and middle - school age children called Arts and Learning Conservatory. The proposed Conservatory will be located in an existing 6,000 square foot industrial building formerly utilized by the Berean Community Church. The building will be used for the following uses: administrative offices; after school music and theatre programs from 4:00 pm to 9:00 pm, Monday through Friday; summer day camp from 8:00 am to 3:00 pm, Monday through Friday, from June 15th through August 15th; and theatrical productions on 6 weekends Friday through Sunday throughout the year. • To approve a site-specific shared parking arrangement due to unique operating characteristics. A parking study prepared by LSA Associates identified a parking demand of 101 parking spaces during the 6 weekends throughout the year with theatrical productions. NOTE: The approval of Planning Application PA -16-48 will supersede the current Minor Conditional Use Permit for the Berean Church; and therefore, Zoning Application ZA-10-22 shall be revoked at this location. No ex -parte communications to report. Mel Lee, Senior Planner, presented the staff report. Commissioner Andranian asked if any other buildings at the proposed location had the similar conditional use permits as the proposed application. Mr. Lee responded onlythe proposed location and Building J. Commissioner Andranian also asked if the traffic study for the proposed application included the conditional use permit for Building J. Mr. Lee affirmed that it did. Chair Dickson asked Mr. Lee if he had any comment on the proposed use not permitted in CC & R's that would impact the Planning Commission analysis. Mr. Lee clarified that the City does not regulate CC & R's, it only regulates the Zoning Code. The proposed use would be allowed under the Zoning Code with a conditional use permit. PUBLIC COMMENTS Debora Wondercheck, applicant, gave a presentation on the application and what is offered at the school. Michael Kehoe, represents the Koll-Irvine Community Association, stated that a theater use was not permitted under the Zoning Code and stated concerns with the parking. Matt Christensen, real estate broker for the applicant, stated reasons why the parking would work and was in support of the application. Peter Kim, Pastor of the Berean Church, stated positive reasons for the proposed application to take over their building. Philip Kim, member of the Berean Church, stated being in support of the application. The Chair closed the public hearing. Chair Dickson and Mr. Lee discussed the Zoning Code allowance of a theater use and parking concerns. The Chair reopened the public hearing. Commissioner Andranian asked the applicant if they would lease the building to other theater companies. Ms. Wondercheck responded no, it will be limited to only their own productions. The Chair closed the public hearing again. Chair Dickson asked for clarification that the Planning Commissioners are only concerned with the land use not the CC & R's; Yolanda Summerhill, Deputy City Attorney, responded that is correct. The Planning Commission only reviews the use and its compatibility. The Commissioners stated their support of the application. Mr. Lee noted that the City's Traffic Engineer recommended that Condition of Approval No. 1 be modified to replace "approximately" with "maximum". MOTION: Move that based on the evidence in the record and the findings contained in Exhibit A and subject to the conditions contained within Exhibit B that the Planning Commission approve Planning Application PA -16-48 and that the Planning Commission find it exempt from the California Environmental Quality Act CEQA guidelines under guidelines section 15301 for existing facilities. And note that the application does state and the resolution does state that the current Minor Conditional Use Permit ZA-10-22 will be revoked at a future Planning Commission meeting with the following modification: Condition of Approval No. 1 first two sentences to read: "The use shall be limited to the type of operation described in this staff report and herein: On a daily basis, a maximum of 15 students would arrive for instruction 4:00 pm to 9:00 pm, Monday through Friday. Summer camp instruction could accommodate a maximum of 40 students from 8:00 am to 3:00 pm, Monday through Friday, from June 15th through August 15th". Moved by Chair Dickson, second by Commissioner McCarthy. RESOLUTION PC -16.31 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -16-48 FOR ARTS AND LEARNING CONSERVATORY AT 3184 AIRWAY AVENUE, SUITE A The motion carried by the following roll call vote: Ayes: Dickson, Mathews, McCarthy, Sesler, Andranian Noes: None Absent: None Abstained: None The Chair explained the appeal process. ATTACHMENT 8 �.05jp MFsq PLANNING / / 4� n•. AGENDA REPORT MEETING DATE: '%9POPRfE4;�9 SUBJECT: CONDITIONAL USE PERMIT PA -16-48 FOR ARTS AND LEARNING CONSERVATORY AND SHARED PARKING REQUIREMENTS AT 3184 AIRWAY AVENUE, SUITE A DATE: JUNE 3, 2016 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754.5611 mel.fee@costamesaca.gov DESCRIPTION Conditional use permit for the following: • To establish a music/theater arts and learning program for elementary and middle -school age children called Arts and Learning Conservatory. The proposed Conservatory will be located in an existing 6,000 square foot industrial building formerly utilized by the Berean Community Church. The building will be used for the following uses: administrative offices; after school music and theatre programs from 4:00 pm to 9:00 pm, Monday through Friday; summer day camp from 8:00 am to 3:00 pm, Monday through Friday, from June 15th through August 15th; and theatrical productions on 6 weekends Friday through Sunday throughout the year. • To approve a site-specific shared parking arrangement due to unique operating characteristics. A parking study prepared by LSA Associates identified a parking demand of 101 parking spaces during the 6 weekends throughout the year with theatrical productions. NOTE: The approval of Planning Application PA -16-48 will supersede the current Minor CUP for the Berean Church; and therefore, Zoning Application ZA-10-22 shall be revoked at this location. APPLICANT/AUTHORIZED AGENT The applicant/authorized agent is Matt Christensen, representing Arts and Learning Conservatory, and Berean Community Church, the property owner. RECOMMENDATION Staff recommends that the Planning Commission approve PA -16-48 by adoption of Planning Commission resolution, subject to conditions. 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 industrial buildings with 493 parking spaces and three points of ingress/egress on Airway Avenue. Previous Entitlement (Suite A) In 2010, Minor Conditional Use Permit ZA-10-22 was approved for a church with offset hours of operation at the subject site (Berean Community Church). The church was allocated 109 parking spaces and was 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). The church is relocating to a new facility in the City of Irvine, making this location available for the proposed Conservatory. If the proposed use is approved, the Minor Conditional Use Permit for the church will be scheduled for revocation by the Planning Commission at a future hearing date. Z4-15-38 for 3184 Airway Avenue, Suite J A separate application for a minor conditional use permit (MCUP) was proposed to allow the establishment of a religious education and cultural assembly center in a nearby building (Suite J) within the same complex. A total of 55 parking spaces were required by code for the 1,914 square foot assembly area. The proposal involved off -set operational hours in order to utilize the parking area when the other businesses are closed. The following schedule was 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. Sunday: 10:00 a.m. to 2:00 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. 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 and considered by the City Council, which overturned the Planning Commission's denial and approved the request on March 16, 2016. The basis for the City Council's approval was the evidence submitted by the applicant indicating that the 493 on-site parking spaces throughout the complex were an adequate supply of parking spaces for the uses. City Council also added a condition of approval requiring that the applicant provide a detailed parking management plan to the Planning Division for review and approval prior to the establishment of the use. ANALYSIS Project Description Arts & Learning Conservatory is an educational nonprofit offering musical theater and performing arts classes to children. The Conservatory works directly with school districts, utilizing school facilities for instruction, and currently has an off -campus location in Santa Ana where after-school and summer camp instruction is held. After- school and summer camp instruction would be relocated to the subject site. On a daily basis, approximately 15 students would arrive for instruction 4:00 pm to 9:00 pm, Monday through Friday. Summer camp instruction could accommodate as many as 40 students from 8:00 am to 3:00 pm, Monday through Friday, from June 15th through August 15th. The Conservatory staff consists of eight instructors and administrators. Students will be dropped off at the site and their parent's vehicle or other after-school transportation does not remain on-site during the instructional period. Vehicles may temporarily occupy a parking space while dropping off or picking up, but these spaces quickly turn over. Performances for the parents of students are held on 6 weekends throughout the year. Members of the public are able to purchase tickets for these performances as well (up to 250 persons total). These performances are held Fridays at 7:00 pm, Saturdays at 1:00 pm and 7:00 pm, and Sundays at 2:00 pm. According to the tenant improvement plan for Arts & Learning Conservatory, the theater space will be 3,523 square feet, which, according to the parking analysis prepared by LSA Associates, equates to a parking requirement of 101 spaces. Per CCMC Section 13-89 (Parking Standards for Non -Residential Uses) 17 parking spaces would be required for an MP (Industrial Park) use within the 6,000 square foot building. As a result, a shared parking analysis was prepared by LSA Associates for the Conservatory based on the operating characteristics described in their description letter (Attachment 3). GENERAL PLAN AND ZONING CODE CONFORMANCE The proposed use would be in conformance with the following planning documents: • General Plan • Zoning Code Conformance with the City of Costa Mesa General Plan The following analysis evaluates the proposed project's consistency with specific goals, and objectives of the General Plan, Land Use Element. o Goal LU -1: Land Use: It is the goal of the City of Costa Mesa to provide its citizens with a balanced community of residential, commercial, industrial, recreational, and institutional uses to satisfy the needs of the social and economic segments of the population and to retain the residential character of the City; to meet the competing demands for alternative developments within each land use classification within reasonable land use intensity limits; and to ensure the long term viability and productivity of the community's natural and man-made environments. Consistency: The recommended conditions of approval protects the balance of land uses satisfying the needs of the community as it pertains to instructional/education uses on the property without adversely impacting the adjoining uses. Therefore, the project is consistent with this General Plan goal. Conformance with the Zoning Code It is staff's opinion that the proposed project meets or exceeds the intent of the City's Zoning Code with regard to the development standards for the MP zone, including parking (see discussion below). Justifications for Approval Pursuant to Title 13, Section 13-29(g), Findings, of the Costa Mesa Municipal Code, the Planning Commission shall find that the evidence presented in the administrative record substantially meets specified findings. Staff recommends approval of the proposed project, based on an assessment of facts and findings which are also reflected in the draft resolution. • The existing overall parking supply for the complex (493 spaces) has been determined to be adequate for the proposed use and existing uses within the complex. The parking study conducted by LSA Associates for the religious facility in Suite J as part of ZA-15-38, which was approved by the City Council, has been updated by LSA Associates for the proposed use (Attachment 4). The study compared the existing conditions, including the approved religious facility in Suite J, with the existing church use and the proposed Conservatory, as summarized in the following tables: Existing Parking Demand at 3184-3190 Airway Avenue 6ource: LSH Associates Future Parking Demand at 3184-3190 Airway Avenue Total Spaces Occupied (1/2016) Vacant (1/2016 Approved Suite J Project NumberofSuite A Project Vacant Spaces Weekday, 4:00 AM to 6:00 AM 493 70 423 55 368 Weekday, 7:00 PM to 9:30 PM 493 87 406 29 377 Friday, 7:00 PM to 9:30 PM 493 76 417 88 329 Saturday, 4:00 AM to 6:00 AM 493 36 457 55 I 402 Saturday, 10:00 AM to 2:00 PM 493 50 443 55 388 Saturday, 7:00 PM to 9:30 PM 493 36 457 55 402 Sunday, 4:00 AM to 6:00 AM 493 31 462 55 407 Sunday, 10:00 AM to 2:00 PM 493 172 321 118 203 Sunday, 7:00 PM to 9:30 PM 493 42 451 55 396 6ource: LSH Associates Future Parking Demand at 3184-3190 Airway Avenue -New parking demand for 1 U1 parking spaces would occur 6 times per year. Source: LSA Associates LSA Associates estimated the parking demand for Berean Community Church Sunday services by subtracting the maximum Sunday 4:00 am to 6:00 am parking demand (31) from the maximum Sunday 10:00 am to 2:00 pm parking demand (172). The resulting estimate is that parking demand for Berean Community Church is 141 parking spaces during Sunday services, which is similar to the CMMC parking requirement for an assembly facility of that size (i.e., 137 parking spaces). During typical operation, Arts & Learning Conservatory is estimated to generate parking demand for 8 spaces (1 for each staff member), which is lower than the 17 parking spaces that would be anticipated for an industrial building. Therefore, the proposed project is not anticipated to impact parking at 3184 Airway Avenue during regular business hours. On the six weekends per year that Arts & Learning Conservatory would host performances in Suite A, a parking requirement for 101 parking spaces is anticipated. Since these performances would be held Friday evening, Saturday afternoon, Saturday evening, Sunday afternoon, and Sunday evening, LSA Associates examined the total parking demand, accounting for overlap with religious services at 3184 Airway Avenue, Suite J. LSA Associates modified the future parking demand identified in the previous analysis to account for the discontinuation of religious services at 3184 Airway Avenue, Suite A. It should be No Project Vacant Spaces Bersan ChurchI Demand New Parking Remaining Demand* (out of 493) Weekday, 7:00 PM to 9:30 PM 377 8 369 I Friday, 7:00 PM to 9:30 PM 329 -16 101 244 Saturday, 10:00 AM to 2:00 PM 388 101 287 Saturday, 7:00 PM to 9:30 PM 402 101 301 Sunday, 10:00 AM to 2:00 PM -7 _W9:30 203 -140 101 242 Sunday 00 PM PM 396 101 i 295 -New parking demand for 1 U1 parking spaces would occur 6 times per year. Source: LSA Associates LSA Associates estimated the parking demand for Berean Community Church Sunday services by subtracting the maximum Sunday 4:00 am to 6:00 am parking demand (31) from the maximum Sunday 10:00 am to 2:00 pm parking demand (172). The resulting estimate is that parking demand for Berean Community Church is 141 parking spaces during Sunday services, which is similar to the CMMC parking requirement for an assembly facility of that size (i.e., 137 parking spaces). During typical operation, Arts & Learning Conservatory is estimated to generate parking demand for 8 spaces (1 for each staff member), which is lower than the 17 parking spaces that would be anticipated for an industrial building. Therefore, the proposed project is not anticipated to impact parking at 3184 Airway Avenue during regular business hours. On the six weekends per year that Arts & Learning Conservatory would host performances in Suite A, a parking requirement for 101 parking spaces is anticipated. Since these performances would be held Friday evening, Saturday afternoon, Saturday evening, Sunday afternoon, and Sunday evening, LSA Associates examined the total parking demand, accounting for overlap with religious services at 3184 Airway Avenue, Suite J. LSA Associates modified the future parking demand identified in the previous analysis to account for the discontinuation of religious services at 3184 Airway Avenue, Suite A. It should be noted that Sunday afternoon parking demand accounts for special events that would be held at 3184 Airway Avenue, Suite J, up to 10 times per year. Even taking into account a worst-case scenario where higher -than -anticipated parking demand for 3184 Airway Avenue, Suite J, occurs at the same time as a Sunday performance at the Conservatory, sufficient parking capacity would exist within the remainder of the complex to accommodate the proposed uses. The same condition of approval for ZA-15-38 for Suite J for a detailed parking management plan prior to the establishment of the use has been included for this rp oiect. Condition of approval number 3 states the following: o The applicant shall provide a detailed parking management plan to the Planning Division for review and approval prior to the establishment of the use. Granting the request will not be materially detrimental to the health safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Compliance with the applicable Building Codes will ensure that the proposed use is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. Granting the request will not allow a use density, or intensity which is not in accordance with the General Plan designation and any applicable specific plan for the property. The property has a General Plan Designation of Industrial Park. The project, as conditioned, is consistent with the property's general plan designation. The request, as conditioned, is consistent with the following goals and objectives of the General Plan. The property is not located within a specific plan area. The use is consistent with the Community Design Element of the City's General Plan, which identifies Costa Mesa as a focal point for performing arts in Orange County. Page CD -11 of the City's Community Design Element describes the following issue as a key strength: Orange County Performing Arts Center and South Coast Repertory provide a performing arts focal point in the Costa Mesa community and serve as a major culture and arts hub for all of Orange County. ENVIRONMENTAL DETERMINATION If the Planning Commission approves the project, it is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. The project site contains an existing industrial building. If the Planning Commission denies the project, the denial is exempt from the provisions of CEQA Section 15270(a) for projects which are disapproved. 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. 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: 1. Approve the project with modifications. The Planning Commission may suggest specific changes that are necessary to alleviate concerns. 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. 2. 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 proposed Arts and Learning Conservatory use, as conditioned, will not adversely affect surrounding properties and uses. Therefore, staff support§ the proposed project. MEL LEE, AICP CLAIRE FLYNN, AICP Senior Planner Asst. Development Services Director Attachments: 1 • 3. Applicant's Project Description 4. Parking Study •ec—ofa�`i'z`- cc'S'-`uraii4i�9 6. Correspondence from Public 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) Matt Christensen 4 Park Plaza, Suite 900 Irvine, CA 92614 Berean Community Church 17 Sanderling Irvine, CA 92604 LSA Associates Attn: Arthur Black, Associate Transportation Planner 20 Executive Park, Suite 200 Irvine, CA 92614 §JLL Jones Lang LaSalle April 18, 2016 ATTACHMENT 3 Jamboree Center, 4 Park Plaza Suite 900 Irvine California 92614 Ms. Willa Bouwens-Killeen, AICP Zoning Administrator, City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 RE: Minor Conditional Use Permit Application — Project Description Project Address: 3184-A Airway, Drive Dear Planning Staff, I am the authorized agent for the Arts & Learning Conservatory ("The Applicant"), a non-profit organization providing students with instruction in musical theater and performing arts programs, including drama, voice, instrumental, and dance. Founded in 2004, Arts & Learning provides arts education to nearly 1,500 elementary and middle -school aged children throughout Orange County and Southern California. The Applicant is in escrow to purchase 3184-A Airway in the Koll/Irvine Center. Their intended use for this ±6,000 square foot building is for administrative offices, after-school music/theatre programs, summer day camp, and six (6) weekends for larger theatrical productions. Per the Costa. Mesa Zoning Code, The Applicant would serve as a "Studio" use for theatre, dance, music classes and performances. The Applicant is requesting the approval of a Minor Conditional Use Permit. The building at 3184-A Airway Ave. has an existing CUP in place for church/religious assembly use. The current occupant, Berean Community Church, fully renovated this building in 2011. Its building's current configuration as a sanctuary is near ideal for Arts & Learning. The building is being sold with its performance stage, sound equipment, and lighting. The applicant's share of the common parking is 18 spaces. All weekday programs will not exceed the allotted parking for this property. Due to the ages of the Applicant's participants, elementary and middle -school, all children will be dropped off by parents/guardians. Six (6) weekends per year, the Applicant will hold larger theatrical performances which will require the use of association and street parking -during off -work hours. The Applicant requests that the Koll/Irvine Center Association grant the right to use additional required spaces for weekend performances: The intended hours of operation are: Year Round Schedule: - Monday— Friday: 4 p.m. — 9 p.m. — Musical theatre, voice/private lessons (Voice Instruction) ±20 students, Ages 4 —10 & 11 - 15, drop-off only Summer Schedule (June 15 — August 15): - Monday— Friday: 8 a.m. — 3 P.M. — Musical theatre, Orchestra classes, 40 students, Ages 4-10 & 11-15, drop off only Performance Schedule: - A maximum of six (6) weekend theatrical/musical performances a year with ±250 attendees - Friday: 6 p.m. — 9 p.m. (Performance held at 7 p.m.) - Saturday: 11 a.m. — 9 p.m. (Performances are held at 1 p.m. & 7 p.m.) - Sunday: 12 p.m. — 8 p.m. (Performance is held at 2 p.m.) On weekend performances, the Applicant is requesting to use the parking spaces that are shared by addresses 3184, 3186 and 3188. There are a total of 475 parking stalls that serve this area of the development. The Applicant is only in need of these additional parking stalls six (6) weekends a year. There is also additional street parking on Airway Avenue. We hope that you take into consideration the benefit that The Arts & Learning Conservatory provides to the local community. Through a generous donation from one of their benefactors, they have a unique opportunity to purchase a state-of-the-art performance venue for the children of Orange County and specifically the five (5) Costa Mesa schools that utilize Arts & Learning for their expertise. Over the years, they spend much of their time in constant search to find cost effective facilities that provide the image and capacity that is being offered at 3184-A Airway Ave. Sincerely, Matthew Christensen Authorized Agent To inspire and equip all youth for success in life through accessible and exceptional arts education programs. We envision a world where all children have access to, and can engage in high quality arts education opportunities. YOU CAN BRING THE ARTS TO MORE YOUTH THROUGH A&L PROGRAMS. SIMPLY CHOOSE YOUR LEVEL! AFTER SCHOOL ARTS 1 SCHOLARSHIP AMBASSADOR AMBASSADOR I ❑ $29,000 1 School w/ 4 Classes j ❑ $5,250 10 Student Scholarships ❑ $7,500, 1 Class w/ 14 Students ❑ $2,625 5 Student Scholarships ❑ $525 1 Student Scholarship PROGRAM AMBASSADOR Support Your favorite art program at the level and schedule that works for you! One-time/Monthly/Annual Pledge of: ❑ $1,000 11$750 ❑ $500 ❑ $250 ❑ $ Debora WOndercheck (MFA) is the Founder and CEO of the Arts & Learning Conservatory (A&L), an inspirational arts education program now celebrating 11 years of influential growth in Orange County. Starting with only four performances a year and growing to over 35 countywide, Debora expanded the reach of her program in just a decade, from 21 students to over 1,500. A&L's audiences now extend to 10,000 annually. Debora also currently serves as Director of Music at the Waldorf School of Orange County (unanimously superior rated orchestra of SCSBOA). She is the founding conductor of the Bellagio Strings Youth Orchestra of OC. Debora is an accomplished Master teacher of string pedagogy having taught at Vanguard University, Irvine Unified School District, and Newport -Mesa Unified District. Debora has won numerous awards in her career. Most recently she was named by Farmers & Merchants Bank one of "California's Strongest People You Can Bank On", for her impactful outreach programs, that bring music into the lives of children. In 2014, on behalf of A&L, Debora received the Outstanding Arts Organization Award from Arts Orange County for the creation of effective arts and education programs for youth. Also in 2014, Debora was presented the Distinguished Woman of Substance Award of Orange County. In 2012, the Links Incorporated Woman of Service Award, for "Exemplary Community Service to Youth", was presented to Debora for her After School Arts Programs. Debora embraces communities in the OC through her participation on various arts commissions like the Cultural Arts Committee for the city of Costa Mesa, the Arts Alliance of California, and the OC Department of Education's Orange County Music and Arts Administrator Association (OCMAA). Debora counts it a high privilege to serve children, their families, and our communities with inspiring programs that develop confidence and creativity ...for life. "The Arts and Learning Conservatory provides our students with the opportunity to participate in an amazing instrumental music program on all seven of our elementary campuses. The benefits of learning an instrument at this age are countless and our students are thriving under A&L's direction. We have found their teachers to be highly skilled and passionate and we are thrilled to be able to offer music to our families through this program." Mark Johnson, Ed. D. Superintendent Fountain Valley School District "Our students learned numerous public speaking and stage presence skills. The growth we saw in some of our shy students was phenomenal, thanks to the nurturing teaching staff of Arts & Learning." Jan Parker Parent Faculty Organization Harborview Elementary, Corona Del Mar "Having Arts & Learning programs at our school has allowed students, who wouldn't otherwise 'shine' to show their talent, express themselves and exercise the right side of their brain! Music truly is the universal language, and these programs are helping to fill a need for many students and families." Sara J. Pelly Principal Raymond Temple School, Buena Park "Providing this opportunity has been a wonderful asset to our Deerfield students. Arts & Learning offers students quality theater arts programs with a dedicated and professional staff, who not only helps students to develop speaking, reading, and memorization skills, but also to feel empowered and capable. This program would be a great addition to any school campus and an outstanding experience for children of all ages." Kathy McKeown Principal Deerfield Elementary School, Irvine "I wanted to pass on my son's rave reviews about his experience with Arts and Learning. We were in the car today and he said, 'Mom ... I wish I could take more classes at Arts and Learning - I could stay there all day!" Victoria Nelson & Chas H. A&L parent and son "My daughters have participated in several high quality productions and they specifically asked me to bring them back to the production team of Arts & Learning saying, 'Mom we like Arts & Learning, because at least there we know they care about us more than the script.' They are so happy to be back with Arts & Learning." Patti Crowley A&L family Debora Wondercheck Catherine Burnett Ruth DeNault Mary Lyons Andy Horowitz Dr. James Melton California Arts Council California State University, Fullerton California State University, Long Beach Casa Romantica Cultural Center Chapman University Concordia University Costa Mesa Community Foundation Farmers & Merchants Bank Fountain Valley Community Foundation Hope University National Endowment of the Arts Orange County Community Foundation Southern California Edison The James Irvine Foundation University of California, Irvine Vanguard University Capistrano Unified SD Centralia Unified SD Fountain Valley SD Huntington Beach City SD Irvine Unified SD Newport -Mesa Unified SD Placentia-Yorba Linda Unified SD Saddleback Valley Unified SD Santa Ana Unified SD Tustin Unified SD Anaheim Buena Park Colton Corona Del Mar Costa Mesa Cypress Fullerton Huntington Beach Irvine La Palma Newport Beach Newport Coast Placentia Rancho Santa Margarita Rialto San Clemente San Juan Capistrano Santa Ana Santa Monica Stanton Tustin Yorba Linda AFTER SCHOOL ARTS PROGRAMS ASAP-) ASAP is a before and after school program designed to keep the arts accessible on school campuses in Orange County, within a structured and supportive environment. A variety of classes take place throughout the school year: • Band • Dance • Musical Theater • Show Choir • Strings • Ukulele/Guitar MAINSTAGE Our audition -based theater is a training program for focused children and teens interested in learning more advanced musical theatre skills within a supportive environment. Auditions are based on the type of show, the cast needed, and the director's requirements. Each production utilizes professionally recognized teaching artists and culminates in a live, staged, broadway-style production. STUDIO CLASSES A&L's Studio Classes are designed to build skills that focus on the core elements of theater (singing, dancing and acting). Studio group classes meet weekly and are taught by seasoned artists, experienced and trained in arts education. Fall, Winter, & Spring classes culminate with a staged performance. • Age groups: 6-8 years / 9-12 years / 13-18 years School Break Camps During weeklong breaks in the school year, we offer our popular 3-5 day camp programs. Professional teaching artists direct dances and musical numbers from A&L's Mainstage musical shows to build skills and a love for the arts. • Winter. 6-12 years / 3 days • Spring: 6-12 years / 1 week Summer Camps During the summer (June -Aug), we offer our popular 1-2 week full & half-day camp programs. Professional teaching artists direct dances and musical numbers from A&L's Mainstage musical shows, as well as scenes from mini -musicals, through which skills are built. • Age groups: 5-8 years / 9-12 years / 13-18 years • Length: 1 to 2 weeks • Daytime & Afternoon Private Instruction Our private classes offer specialized one-on-one instruction in vocal, instrumental, (strings, winds, brass, piano, guitar) and theatrical art forms. YOUTH ORCHESTRA Bellagio Strings is an accomplished youth orchestra dedicated to optimizing musicianship for string students in grades 3-8. Weekly rehearsals take place in Dana Point, from September through April. • Age group: 8-14 years • Violin, Viola, Cello, Bass and Piano L A 0E EXECUTIVE ES [YS `20 EXECUTIVE PARK, SUITE 200 IRVIA'E, CALIFORNIA 9201} May 25, 2016 Debora Wondercheck Arts & Learning 1700 East Garry Avenue, #107 Santa Ana, CA 92705 ATTACHMENT 4 FRESNO RIVERSIDE 949,553,0666 TEL BERKELEY PALM SPRINGS ROCKLIN 919.553 406 FAX C.ARLSBAD PT. RICHMOND RAN LUIS OBISPO Subject: Parking Analysis for Proposed Learning and Performance Space at 3184 Airway Avenue, Suite A, in the City of Costa Mesa Dear Ms. Wondercheck: LSA Associates, Inc. (LSA) has reviewed parking conditions within the Airway Avenue business park in relation to the proposed classroom and performance space at 3184 Airway Avenue, Suite A, in the City of Costa Mesa (City). 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 I. (all figures attached) shows the project location and the parking spaces within the business park. Currently, Suite A is home to the Berean Community Church, which operates Linder a Conditional Use Permit (CUP) for the hours of 7:00 p.m. to 9:00 p.m. on Friday; 9:00 a.m. to 11:00 a.m. on Saturday (once per month); 9:00 a.m. to 1:00 p.m. on Sunday; and 7:00 p.m. to 10:00 p.m. on Sunday (up to four times per year). Although the existing Berean Community Church CUP does not specify hours of operation during weekday evenings, the church holds an adult Bible study at 7:00 p.m. on Wednesdays and Thursdays. The maximum parking allocated to the existing Berean Community Church is 109 parking spaces according to its CUP. However, surveys of the parking lot appear to indicate a higher parking demand. In January 2016, LSA prepared a parking analysis for 3184 Airway Avenue related to proposed religious and assembly use of Suite J. Use of that facility will take place during the hours of 4:00 a.m. to 6:00 a.m. daily, 7:00 p.m. to 9:30 p.m. daily, L0:00 a.m. to 2:00 p.m. on Saturday, and 10:00 a.m. to 2:00 p.m. on Sunday (up to 10 times per year), Parking demand for Suite J was estimated at 88 parking spaces on Friday night, up to 118 parking spaces for Sunday special events (depending on the number of invitees), and 55 parking spaces at all other operating times. A reassessment of the results of that parking analysis, taking into account the proposed project, is provided in this analysis. Project Description Arts & Learning Conservatory is a an educational nonprofit offering musical theater and performing arts classes to children. Arts & Learning Conservatory works directly with school districts, utilizing school facilities for instruction, and currently has an off -campus location in Santa Ana where after-school and summer camp instruction is held. After-school and summer camp instruction would be relocated to 3184 Airway Avenue, Suite A. On a daily basis, approximately l5 students would arrive for instruction stating at 4:00 p.m. Summer camp instruction could accommodate as many as 40 students. Arts & Learning Conservatory staff consists of eight instructors and administrators. Based on the experience at the existing off -campus site, students are dropped off, and their parent's vehicle or other after-school transportation does not remain on-site during the instructional period. Vehicles may temporarily occupy a parking space while dropping off or picking up, but these spaces quickly turn over. 5/26/16 P:1ARL[601\3I S4 -A Airway Parking.doc.c, PLANNING I ENVIRONMENTAL SCIENCES I DESIGN LSA ASSn CIATeS, INC. Performances for the parents of students are held once every 2 to 3 months. Members of the public are able to purchase tickets for these performances as well. These performances are held Friday evening Saturday, and Sunday. According to the tenant improvement plan for Arts & Learning Conservatory,, the theater space will be 3,523 sf. 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 per three fixed seats or one parking space for every 35 sf of seating area. The 3,523 sf assembly area would require 101 parking spaces per the CMMC. It should be noted that the 412 fixed seats in the Berean Community Church floor plan would require 137 parking spaces according to the CN rIMC. The Berean Community Church CUP allowed use of up to 109 parking spaces. The parking demand for the proposed use is less than the parking demand for the existing use of Suite A. For industrial buildings, the CNLVIC requires three parking spaces per 1,000 sf for the first 25,000 sf. As an industrial building, the 5,656 sf Suite A would require 17 parking spaces. Existing Parking Supply and Demand As part of the January 2016 parking analysis, LSA coordinated with an independent third -party data collection tum, 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 surveyed 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. LSA estimated the parking demand for Berean Community Church Sunday services by subtracting the maximum Sunday 4:00 a.m. to 6:00 a.m. parking demand (3 1) from the maximum Sunday 10:00 a.m. to 2:00 p.m. parking demand (172). The resulting estimate is that parking demand for Berean Community Church is t41 parking spaces during Sunday services, which is similar to the CMMC parking requirement for an assembly facility of that size (i.e., 137 parking spaces). Table A: Existing Parking Demand at 3184-3190 Airway Avenue 5/26/ t6 «P:\ARL1601\3184-A Airway Parkin,,Aocx.> Total Spaces Occupied (1/2016) Vacant (1/2016) Approved Suite d Pro'ect Number of Suite A Project Vacant Spaces Weekday, 4:00 AM to 6:00 AN[ 493 70 423 55 368 Weekday, 7:00 PM to 9:30 PN[ 493 87 406 29 377 Friday, 7:00 PM to 9:30 PM 493 76 417 88 329 Saturday, 4:00 AM to 6:00 AM 493 36 457 55 402 Saturday, 10:00 ANI to 2:00 PM 493 50 443 55 388 Saturda , 7:00 PM to 9:30 PM 493 36 457 55 402 Sunda , 4:00 AM to 6:00 ANC 493 31 462 1 55 407 Sunday, 10:00 AM to 2:00 PM I 493 172 1 321 1 i l s 203 Sunda , 7:00 PM to 9:30 PM 1 493 42 1 451 1 55 396 5/26/ t6 «P:\ARL1601\3184-A Airway Parkin,,Aocx.> LSA As iocta res. fao. Future Parking Demand During typical operation, Arts & Learning Conservatory is estimated to generate parking demand for 8 spaces (1 for each staff member), which is lower than the 17 parking spaces that would be anticipated for an industrial building. Therefore, the proposed project is not anticipated to impact parking at 3184 Airway Avenue during regular business hours. On the four to six weekends per year that Arts & Learning Conservatory would host performances in Suite A, parking demand for 101 parking spaces is anticipated. Since these performances would be held Friday evening, Saturday afternoon, Saturday evening, Sunday afternoon, and Sunday evening, LSA examined the total parking demand, accounting for overlap with religious services at 3184 Airway Avenue, Suite J. LSA modified the future parking demand identified in the January 2016 analysis to account for the discontinuation of religious services at 3184 Airway Avenue, Suite A. It should be noted that Sunday afternoon parting demand accounts for special events that would be held at 3184 Airway Avenue, Suite J, up to l0 times per year. The January 20 t6 parking analysis estimated a maximum possible parking demand for I l8 spaces during these special events, which greatly exceeded that applicant's estimate of parking demand during similar special events at its current facility. It would certainly be possible for Arts & Learning Conservatory to coordinate with the operators of 3184 Airway Avenue, Suite J, to avoid scheduling simultaneous special events. Table B shows that even taking into account a worst-case scenario where higher-tban-anticipated parking demand for 3184 Airway Avenue, Suite J, occurs at the same time as an Arts & Learning Conservatory Sunday performance, sufficient parking capacity would remain within the business park to accommodate the proposed project. Table B: Future Parking Demand at 3184-3190 Airway Avenue Conclusion The proposed Arts & Learning Conservatory at 3184 Airway Avenue, Suite A, will have a 3,523 sf performance space. Typical operation will involve 8 staff members arriving in their own vehicles and 15 students being dropped off for classes beginning at 4:00 p.m. Summer camp will operate during regular business hours and will involve 8 staff members arriving in their own vehicles and 15 to 25 students being dropped off. Parking demand during typical operation (8 vehicles) would be less than the anticipated parking demand as an industrial building (17 vehicles). Performances for parents of students (and potentially members of the public) will be held Four to six times per year. On these weekends, the anticipated parking demand is tO t parking spaces. The previous occupant of Suite A operated with a CUP allowing up to 109 vehicles, but may have experienced higher parking demand. Parking demand during special events would be less than the existing use and would occur less frequently. 5/36/ 16 aP: ARL 1601 U 184-A Airway Parkiag.docx.. No Project VacantS aces Berean Church Demand New Parking Demand Remaining (out of 493) Weekday, 7:00 PM to 9:30 PM 377 8 369 Friday, 7:00 PNI to 9:30 PM 329 -16 to[ 244 saturda , 10:00 ANI to 2:00 PNI 388 fol 287 Saturday, 7:00 PM to 9:30 PNI 402 101 301 Sunday, 10:00 AM to 2:00 PM 203 440 101 242 Sunday 7:00 PM to 9:30 PNI 396 101 295 Conclusion The proposed Arts & Learning Conservatory at 3184 Airway Avenue, Suite A, will have a 3,523 sf performance space. Typical operation will involve 8 staff members arriving in their own vehicles and 15 students being dropped off for classes beginning at 4:00 p.m. Summer camp will operate during regular business hours and will involve 8 staff members arriving in their own vehicles and 15 to 25 students being dropped off. Parking demand during typical operation (8 vehicles) would be less than the anticipated parking demand as an industrial building (17 vehicles). Performances for parents of students (and potentially members of the public) will be held Four to six times per year. On these weekends, the anticipated parking demand is tO t parking spaces. The previous occupant of Suite A operated with a CUP allowing up to 109 vehicles, but may have experienced higher parking demand. Parking demand during special events would be less than the existing use and would occur less frequently. 5/36/ 16 aP: ARL 1601 U 184-A Airway Parkiag.docx.. LSA ASSOCIATR. INC Taking into account the observed parking demand and the previously approved use of 3184 Airway Avenue, Suite J, sufficient parking supply will be available to accommodate the proposed project even in a worst-case scenario where Suite A special events (4 to 6 times per year) overlap with Suite J special events (up to 10 times per year). Sincerely, LSA ASSOCIATES, INC. 74Z ' ei�Z Arthur Black Associate/Transportation Planner Attachments: Figure 1: Project Location Parking Accumulation Data 5124116 RAARLI W I 1 g4.A Airway Parking. docxn PARKING STUDY Oay. iawrday Ua�e: ]/92U1ti Oay: SunWy Pa.: 1i1°/x91s nmt. ,�� ' :'. ' N • Pmez .< ,.BW^3, p19e4 :gNIeO elsieR aRie9 e�:iea, uH=s niuezo P4L8. e� AM"3; - MC' HC ". Pe Re Po Re P .' HC .' fl R `.M[ f Re 4 fle Re ( Re ': NSL]P' ^mss enuzq'. SpaIXS B E - 19 E 30 4q ZB 9 13 3 5 $.. . Pa Re .:P & MTN':- $ -.. -:."2+ zO:OI L.m s 6 I 9 14 1 1 6 5 s $ E 3 4•._ 3 0 0 „...0 1- a.•.. �_. 0 : •.0 S 1 , U•. 1 9i ..: ..lz:m... n E 14 1 s ] 5 4 4 3 s J p Z 3 p 1 1 3 3 J J 0 x x J 69 ° ° z 9 0 :08'39 39.30 0 0 0 0 J 5 3 9 4 0 J 2 0 0 1 1 $ 1 0 0 J S 1 0 0 E6 ATTACHMENT LEE, MEL From: BOUWENS-KILLEEN, WILLA Sent: Tuesday, May 31, 2016 8:40 AM To: LEE, MEL; FLYNN, CLAIRE Subject: FW: Arts & Learning Conservatory -----Original Message ----- From: Abril Turner [mailto:abriingeo@earthlink.net] Sent: Monday, May 30, 2016 4:20 PM To: BOUWENS-KILLEEN, WILLA <WILLA.BOUWENS-KI LLE EN@costamesaca.gov> Subject: Arts & Learning Conservatory Dear Willa, Hi, this is Abril Turner, mother of Lily Turner from Southland Ballet Academy. My family has also supported the Arts & Learning Conservatory, and I just learned that A&L is purchasing a property in Costa Mesa and has applied for a minor conditional use permit to allow it to use the facility for its music and theater classes and performances. I did not know until I received the email from A&L that you now worked for the City of Costa Mesa! I'll be brief. Debora Wondercheck, the executive director of Arts & Learning Conservatory, is an amazing arts educator. She has a vision and talent and drive for arts education comparable to Salwa's. My older daughter, Elena, participated in the A&L music and theater camps when she was younger. (Debora Wondercheck also teaches music at the Waldorf School of Orange County, so both of my children have benefitted from her musical instruction.) A&L Conservatory is an established and vibrant arts education non-profit, and will absolutely live up to the City of Costa Mesa's commitment to the arts. Thanks for your time. Please let me know if you have any questions! Sincerely, Abril Turner LEE, MEL From: BOUWENS-KILLEEN, WILLA Sent: Tuesday, May 31, 2016 8:40 AM To: LEE, MEL; FLYNN, CLAIRE Subject: FW: Arts & Learning in Costa Mesa From: Brooke Trudeau[mailto:btrudeau@waldorfschool.com] Sent: Monday, May 30, 2016 12:47 PM To: BOUWENS-KILLEEN, WILLA <WILLA.BOUWENS-KILLEEN@costamesaca.gov> Subject: Arts & Learning in Costa Mesa Dear Mrs. Bouwens-Killeen, I am writing to share my support in Arts & Learning coming to Costa Mesa. I am a class teacher at the Waldorf School of Orange County and firsthand see the benefits of the arts in children's lives. Arts & Learning has been an active force in the lives of many of my students and is an important organization for our city's children. Debora Wondercheck, founder of Arts & Learning, is a consummate professional, inspiring creativity and proving that children's arts program can maintain high standards for work and performance. Costa Mesa is fortunate to have such a dedicated and committed organization join its ranks. Please support including Arts & Learning in Costa Mesa. Thank you, Bvooke Trudeau COSI ,a CanyJ,1 U ., C Cl� s t, C,k 7,1 777� btrudaau a waldorfschooI.com ATTACHMENT 9 RESOLUTION NO. PC -16-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COSTA MESA APPROVING PLANNING APPLICATION PA -16-48 FOR ARTS AND LEARNING CONSERVATORY AT 3184 AIRWAY AVENUE, SUITE A THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Matt Christensen, authorized agent for Arts and Learning Conservatory, and Berean Community Church, the property owner, requesting approval of a Conditional use permit for the following: • To establish a music/theater arts and learning program for elementary and middle - school age children called Arts and Learning Conservatory. The proposed Conservatory will be located in an existing 6,000 square foot industrial building formerly utilized by the Berean Community Church. The building will be used for the following uses: administrative offices; after school music and theatre programs from 4:00 pm to 9:00 pm, Monday through Friday; summer day camp from 8:00 am to 3:00 pm, Monday through Friday, from June 15th through August 15th; and theatrical productions on 6 weekends Friday through Sunday throughout the year. • To approve a site-specific shared parking arrangement due to unique operating characteristics. A parking study prepared by LSA Associates identified a parking demand of 101 parking spaces during the 6 weekends throughout the year with theatrical productions. WHEREAS, a duly noticed public hearing held by the Planning Commission on June 13, 2016 with all persons having the opportunity to speak for and against the proposal; and WHEREAS, the approval of Planning Application PA -16-48 will supersede the current Minor CUP for the Berean Church; therefore, Zoning Application ZA-10-22 shall be revoked at this location. 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 Planning Application PA -16-48. 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 Planning Application PA -16-48 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 13th day of,4une, 2016 Robert L. Dicksorf Jr., Chair Costa Mesa Planning Commission STATE OF CALIFORNIA) )ss COUNTY OF ORANGE 1 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 June 13, 2016, by the following votes: AYES: Dickson, Mathews, McCarthy, Sesler, Andranian NOES: None ABSENT: None ABSTAIN: None Claire L. Flynn, Secretary Costa Mesa Planning Commission EXHIBIT A FINDINGS (APPROVAL) A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) because: Finding: The proposed use is substantially compatible with uses in the same general area and would not be materially detrimental to other properties within the area. Facts in Support of Findings: The proposed use, with the recommended conditions of approval, will be compatible with the other uses in the immediate vicinity. Compliance with the conditions of approval will allow this use to operate with minimal impact on surrounding properties and uses. Finding: Granting the use will not 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: The use is an existing industrial project consistent with the MP zoning of the property and, as conditioned, compatible with the properties in the vicinity. Compliance with the applicable Building and Fire Safety Codes will ensure that the use is not materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood. The existing overall parking supply for the complex (493 spaces) has been determined to be adequate for the proposed use and existing uses within the complex. The parking study conducted by LSA Associates for the religious facility in Suite J as part of ZA-15-38 has been updated by LSA Associates for the proposed use. The study compared the existing conditions, including the approved religious facility in Suite J, with the existing church use and the proposed Conservatory. Finding: Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation for the property. Facts in Support of Findings: The property has a General Plan Designation of Industrial Park. The project, as conditioned, is consistent with the applicable provisions of the General Plan Designation. The request, as conditioned, is consistent with the following goals and objectives of the General Plan. The following describes the proposed project's consistency with specific goals and objectives of the General Plan, Land Use Element. o Goal LU -1: Land Use: It is the goal of the City of Costa Mesa to provide its citizens with a balanced community of residential, commercial, industrial, recreational, and institutional uses to satisfy the needs of the social and economic segments of the population and to retain the residential character of the City; to meet the competing demands for alternative developments within each land use classification within reasonable land use intensity limits; and to ensure the long term viability and productivity of the community's natural and man-made environments. Consistency: The recommended conditions of approval protects the balance of land uses satisfying the needs of the community as it pertains to instructional/education uses on the property without adversely impacting the adjoining uses. Therefore, the project is consistent with this General Plan goal. D. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301 for Existing Facilities. The project, as conditioned, is consistent with the applicable General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. E. 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. EXHIBIT B CONDITIONS OF APPROVAL Ping. 1. The use shall be limited to the type of operation described in this staff report and herein: On a daily basis, a maximum of 15 students would arrive for instruction 4:00 pm to 9:00 pm, Monday through Friday. Summer camp instruction could accommodate a maximum of 40 students from 8:00 am to 3:00 pm, Monday through Friday, from June 15th through August 15th. The Conservatory staff consists of eight instructors and administrators. Students will be dropped off at the site and their parent's vehicle or other after-school transportation does not remain on-site during the instructional period. Performances for the parents of students are held on 6 weekends throughout the year. Members of the public are able to purchase tickets for these performances as well (up to 250 persons total). These performances are held Fridays at 7:00 pm, Saturdays at 1:00 pm and 7:00 pm, and Sundays at 2:00 pm. Any change in the operational characteristics shall require review by the Planning Division and may require an amendment to the Conditional Use Permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. As a ministerial action through a zoning verification letter, the Development Services Director may authorize minor amendments to the Conditional Use Permit relating to the increased frequency of assembly events/theatrical shows after a parking assessment is completed and adequate parking supply is validated. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(0)]. 2. All uses shall be conducted within the tenant space (underroof). 3. The applicant shall provide a detailed parking management plan to the Planning Division for review and approval prior to the establishment of the use. 4. If parking shortages or other parking -related problems arise, the operator shall institute appropriate operational measures necessary to minimize or eliminate the problem, including, but not limited to, modifying the hours of operation. 5. The conditions of approval and ordinance or code provisions of Planning Application PA -16-48 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 6. The applicant shall contact the Planning Division to arrange a Planning inspection of the site prior to the establishment of the use. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 7. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or business owner shall institute appropriate security and operational measures are necessary to comply with this requirement. 8. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 9. The maximum occupancy, as determined by provisions of the Uniform Building Code or other applicable codes, shall be posted in public view within the premises, and it shall be the responsibility of management to ensure that this limit is not exceeded at any time. 10. The applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of, or which are in any way related to, the applicant's project, or any approvals granted by City related to the applicant's project. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the applicant's obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section. City shall have the right to choose its own legal counsel to represent the City's interests, and applicant shall indemnify City for all such costs incurred by City. 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 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 11B of the 2013 California Building Code. 4. 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. 5. If required, a business license shall be obtained prior to the initiation the business. 6. The applicant shall submit a Traffic Impact Fee to the Transportation Division prior to the establishment of the 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 the establishment of the use 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.