HomeMy WebLinkAbout99-62 - Approving Conditional Use Permit PA -99-3232
RESOLUTION NO 99-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT PA -99-32.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Richard Sewell, authorized agent for
Harbor Christian Fellowship Church, with respect to real property located at 740
Joann Street and 740 West Wilson Street, requesting approval of a conditional use
permit to allow establishment of a school for 50 students, ages 5 through 18, in the
R2 -MD zone; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on August 23, 1999, at which time the Planning Commission approved the request
with modifications; and
WHEREAS, Mayor Monahan requested Council review of the Planning
Commission's decision; and
WHEREAS, the City Council held a duly noticed public hearing on
September 20, 1999;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record,
the findings contained in Exhibit "A", and subject to conditions of approval contained
in Exhibit "B", the City Council hereby approves Planning Application PA -99-32 with
respect to the property described above.
BE IT FURTHER RESOLVED that the City Council hereby finds and determines
that adoption of this resolution is expressly predicated upon the activity as described
in the staff report for Planning Application PA -99-32, and upon applicant's compliance
with each and all conditions contained in Exhibit "B". Should any material change
occur in the operation, or should the applicant fail to comply with the conditions of
approval, then this resolution and any recommendation for approval herein contained,
shall be deemed null and void.
PASSED AND ADOPTED this 20' day of September, 1999.
ATTEST:
Deputy City Cl I
of the City of Costa Mesa
Mayor of t e City of Costa Mesa
STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1 ss
CITY OF COSTA MESA 1
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 99-62 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the 20' day of September, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 21" day of September, 1999.
Ak2-1� 7-- 1 -
Deputy City C4rk and ex -officio Clerk of
the City Cou 1 of the City of Costa Mesa
1
1
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EXHIBIT "A"
FINDINGS
APPL. PA -99-32.
A. The information presented substantially complies with Costa Mesa Municipal
Code section 13---29(g)(2) in that the proposed school use is substantially
compatible with developments in the same general area. Granting the
conditional use permit will riot be detrimental to the health, safety and general
welfare of the public or other properties or inrprovernents within the immediate
vicinity. Specifically, the buildings were originally constructed to be used as a
school. Flours of operation will be limited. Adecluate play area exists on-site and
across Joann Street. Parking and playground area exist across Joann Street;
crossing the street should not prevent a ha.7ard because the children will be
supervised while crossing and since Joann Street is a smaller, quieter street in
the middle of a residential neighborhood. Adequate parking for staff is provided
on the church grounds across .Joann street. (;ranting 1he conditional use perunit
will not allow a use, density or intensity which is not in accordance with the
general plan designation for the property.
B. f -he 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.
C. The project is exempt from Chapter XII, Article 3 Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
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Exhibit "A"
Resolution No. 99-62
Page 1 of 1
EXHIBIT "B"
CONDITION; OF APPROVAL
APPL. PA -99-32
Ping. �"L1.
School hours of operation shall be limited to 8 a.m. to 2:30
p.m., Monday through Friday.
L,s-2.
There shall be no before- or after-school care provided.
T..53.
Children shall not be permitted to cross Joann Street without
a staff escort.
UA-
The school shall be limited to a maximum of 50 students,
ages 5 to 18.
1P 5.
The ratio of classroom staff to students shall be no less than
one staff member to four students.
v,76.
A land use restriction shall be recorded that designates an
area at 740 West Wilson sufficient for parking 20 vehicles,
and authorizes its use as required parking for the school to
ensure that such parking at 740 West Wilson Street remains
available for the school at 740 Joann Street even if the
properties are sold independent of one another. The
applicant shall supply a legal description of each property for
the preparation of the document. This permit shall
automatically terminate at any time the 20 parking spaces at
740 West Wilson Street becomes unavailable for use by the
school.
7.
Applicant and any successor in interest claiming rights of
this permit to operate a school at this site shall indemnify,
defend and hold harmless the City and its elected and
appointed officers, agents, commissions and employees from
and against any and all claims or liabilities of any nature
whatsoever for damages to property or persons, including
death, arising out of or in any way connected with the use
of Joann Street adjacent to the school by students, staff,
guests, and licensees of the school regardless of negligence
of the indemnitor or the indemnitee, except for the sole,
active negligence of the City.
P 8.
Applicant and any successor in interest claiming rights of
this permit shall obtain and maintain during the term of this
permit liability insurance naming the City as "additional
insured" in an amount acceptable to the City Attorney's
office that covers, among other things, the applicant's
indemnity obligation imposed by the above condition.
Applicant shall supply the City with current certificates of
insurance showing compliance with this condition, the first
one to be provided prior to the opening of the school.
09.
Improvements to the 740 Joann Street buildings including,
1
Exhibit "B"
Resolution No. 99-62
Page 1 of 3
35.
ay",
APPL. PA -99=32
but not limited to, any necessary interior and exterior
painting; installation of new fencing and new block wall,
window coverings, doors, and floors; replacing the roof, if
necessary; and landscape and playground improvements to
both 740 Joann Street and 740 West Wilson Street shall be
completed under the direction of the Planning staff.
Renovation of the southerly building and landscaping and
playground improvements to both 740 Joann Street and 740
West Wilson shall be completed prior to occupancy of the
southerly building. Renovation of the northerly building shall
be completed prior to occupancy of the respective rooms.
10. The applicant acknowledges and agrees that the conditional use
permit may be referred to the Planning Commission and/or the
City Council for modification or revocation at any time if the
conditions of approval are not being complied with, if the use is
being operated in violation of applicable laws and ordinances,
or if in the opinion of the Development Services Director or his
designee, any of the findings upon which the approval was
based are no longer applicable. The conditional use permit shall
expire upon discontinuance of the activity authorized hereby for
a period of 180 days or more.
�y 11. Street addresses shall be displayed on the freestanding sign or,
if there is no freestanding sign, on the fascia or store front
adjacent to the main entrance of the building, in a manner
visible to the public street. Numerals shall be a minimum 12" in
height with not less than V stroke and shall contrast sharply
with the background. Identification of individual units shall be
provided adjacent to the unit entrances. Letters or numerals
shall be 4" in height with not less than '/. " stroke and shall
contrast sharply with the background.
012. A notice of land use restriction shall be recorded to note
these conditions imposed upon the use of the property.
013. The applicant is required to initial each condition of approval.
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 planning application is valid for one (1) year
and will expire at the end of that period unless business license
is obtained and business commences, or the applicant applies
for and is granted an extension of time.
2. Permits shall be obtained for all signs according to the
Exhibit "B"
Resolution No. 99-62
Page 2 of 3
J
D
1
APPL. PA -99-32
provisions of the Costa Mesa Sign Ordinance.
Bldg. 3. Comply with the requirements of the Uniform Building Code as
to design and construction and CCR Title 24 pertaining to
"Disabled Access Regulations".
Fire 4. An approved fire alarm system shall be provided per Section
305.9 of the CBC, 1994 edition.
SPECIAL DISTRICT REQUIREMENTS
The requirement of the following special district is hereby forwarded to the
applicant:
Sani. 1. Applicant shall pay all applicable sanitary district fixture fee
charges (714) 754-5307.
Exhibit "B"
Resolution No. 99-62
Page 3 of 3
137