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Home My WebLink About94-108 - Approving Planning Action PA -94-64 and Denying Zoning Action ZA-94-08350 RESOLUTION NO. 94-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -94-64 AND DENYING ZONING ACTION ZA-94-08. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by the Reverend Kenneth J. Krause, authorized agent for St. Joachim Church, with respect to real property located at 1964 Orange Avenue, requesting a Conditional Use Permit to expand an existing school by allowing a day care facility (previously a single residence) and a Temporary Trailer Permit for a trailer to continue to be used as the school library in the R1 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on October 24, 1994; and WHEREAS, this application was called up for Council review by Mayor Sandra Genis on October 31, 1994; and WHEREAS, the City Council held a duly noticed public hearing on November 21, 1994; NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the City Council hereby APPROVES Planning Action PA -94-64 and DENIES Zoning Action ZA-94-08 for a Temporary Trailer Permit, with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find and determine that adoption of this resolution is expressly predicated upon operation of the business or activity in the manner described in the Staff report for Planning Action PA -94-64, and upon applicant's compliance with each and all of the 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 approvals herein contained, shall be deemed null and void. PASSED AND ADOPTED this 21st day of November, 1994. ATTEST: 1. Deputy City lerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA Mayor of the City of Costa Mesa 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. 94-108 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 21 st day of November, 1994. !N VLTTNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 22nd day of November, 1994. Deputyy Clerk and ex -officio Clerk of the City ouncil of the City of Costa Mesa 35i EXHIBIT "A" PLANNING STAFF FINDINGS APPL. PA -94-64 ZA-94-08 A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-347 in that•the proposed day care facility is substantially compatible with developments in the same general area; granting the Conditional Use Permit will not be detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity; and 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. The day care facility will be a limited operation, will provide service to children already attending the school, and is located in an existing building which is oriented so that the lunch, play area and building access points are buffered and away from residents. Day care services are often located at school sites which are adjacent to and compatible with single family residences. B. The information presented does not substantially comply with Costa Mesa Municipal Code Section 13-347 in that the trailer, currently used as a library, is not substantially compatible with developments in the same general area. Now that the Phase I construction at the subject site has been completed, and no additional expansion will be occurring in the near future, the trailer should not be used as a permanent structure because it doesn't meet with the intent of the City's temporary trailer permit. In addition, the trailer obstructs required parking and, in its current state, is not compatible with other permanent buildings on the site from an aesthetic standpoint. C. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has ` been found to be categorically exempt from CEQA. D. The project is exempt from Article 222, Transportation System Management of Title 13, of the Costa Mesa Municipal Code. Exhibit "A" Resolution No. 94-108 Page 1 of 1 EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA-94-64 ZA-94-08 Ping.l. The day care program shall be limited to 24 children. 2. The rear door and window (facing north) shall remain closed during day care hours, except that the rear door may be used as a secondary access for emergencies and for parents to use at the end of day care. 3. The day care facility hours of operation shall be limited to 6:30 a.m. to 6 p.m. on weekdays and 9:30 a.m. to 11 a.m. on Sundays. 4. Children shall not be allowed to use the playground equipment earlier than 7:00 a.m. Activities shall be restricted to indoor activities from 6:30 a.m. to 7:00 a.m. 5. The canopy covers shall be removed and the tables and benches relocated if they are encroaching into required parking spaces within 60 days of final Planning Commission action. The tables and benches shall be located away from residences, under the direction of the Planning Division. 6. All container -type structures (five are listed under Additional Discussion) shall be removed from required parking areas within 60 days of final Planning Commission action. During this period, applicant shall work diligently with Planning and Building Staff to determine if any can be relocated elsewhere at the subject site and what permits, if any are required. All structures shall be legalized by the end of the 60 day period. 7. The Conditional Use Permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more. The Conditional Use Permit may be referred to the Planning Commission for modification or revocation at any time if the Conditions of Approval have not been complied with, if the use is being operated in violation of applicable laws or 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. 8. The sandlot playground shall be monitored during the day and shall be locked in the evening. 9. The applicant shall remind students, teachers, parishioners and visitors to the subject site of the need to be considerate to adjacent residents. Emphasis shall be placed on noise, privacy and litter impacts. 10. If restriping is necessary, especially where structures occupied parking areas, parking stalls shall be double - striped in accordance with City standards. Exhibit "B" Resolution No. 94-108 Page 1 of 3 1 APDL. PA -94-64 ZA-94-08 11. 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. 12. The applicant is reminded that a "Special Requirements" inspection of the site will be required once all structures are relocated and if restriping is done. This inspection includes confirmation that the Conditions of Approval and Code/Ordinance Provisions have been satisfied. 13. Tall growing, hedge -type plant material shall be provided along the northerly property line between the day care facility and playyground and the adjacent residential properties. Landscape and irrigation plans depicting the type, quantity and size of plants, plus an irrigation system, shall be submitted to Planning Staff for review and approval. Installation of the landscaping and irrigation shall be completed within 60 days of final City Council action. 14. Within two years of Planning Commission action, applicant shall submit to the Planning Division a plan for the permanent location of the library currently housed in the temporary trailer. 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. Ping. 1. Any changes made to the day care facility as part of the conversion from a residence that require building permits shall be addressed within 30 days of final Planning Commission action. The applicant shall contact the Building Division (754-5273) to discuss and determine those requirements that need to be satisfied and what permits need to be obtained, if any. 2. All contractors and subcontractors shall have valid business licenses to conduct business in the City. Bldg 3. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to Disabled Access Requirements. Fire 4. Provide fire extinguishers with a minimum rating of 2A to be located within 75 feet of travel distance from all areas. Extinguishers may be of a type rated 2A, 1OBC as these extinguishers are suitable for all types of fires and are less expensive. 5. The proposed use of the single residence as a day care necessitates a State Fire Marshall's clearance. For specific requirements, contact the Costa Mesa Fire Prevention Bureau. Exhibit "B" Resolution No. 94-108 Page 2 of 3 353 APPL. PA -94-64 ZA-9 Is -08 SPECIAL DISTRICT REQUIREMENTS The requirement of the following special district is hereby forwarded to the applicant: Sani.1. Developer to contact the Costa Mesa Sanitary District at (714) 631-1731 for current District requirements. [l Exhibit "B" Resolution No. 94-108 Page 3 of 3