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HomeMy WebLinkAbout09-23 - Approval of Planning Application PA-08-23 for 758 and 760 Victoria and 2199 Raleigh AveRESOLUTION NO. 09-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MODIFYING THE PLANNING COMMISSION'S APPROVAL OF PLANNING APPLICATION PA -08-23 FOR 758 AND 760 VICTORIA AND 2199 RALEIGH AVENUE. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Terry Jacobson of J7 Architecture, as authorized agent for property owners, Christ Lutheran Church, for the real property located at 758/760 Victoria Street and 2199 Raleigh Avenue, in an R1 Zone; WHEREAS, Planning Application PA -08-23, as modified by the applicant, includes a Conditional Use Permit to construct a net increase of 3,647 square feet for a new two-story administration office, a new fireside building, and a cafe/resource center, and a variance from the maximum allowable building height to construct a two-story structure with an overall height of 30 feet. The proposed project will not exceed a maximum 0.25 FAR; WHEREAS, a duly noticed public hearing was held by the Planning Commission on January 26, 2009 to allow for public comment on the proposed project and with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, on January 26, 2009, the Planning Commission approved Planning Application PA -08-23, subject to conditions of approval; WHEREAS, the original proposal approved by the Planning Commission on January 26, 2009 involved a Conditional Use Permit to demolish an existing house and new construction for a net increase of 3,569 square feet for a new two-story administration office, a new fireside building, a cafe/resource center and a youth loft, and a variance from the maximum allowable building height to construct a two-story structure with an overall height of 33 feet; WHEREAS, on February 2, 2009, Planning Commission's decision was appealed by a resident to the City Council; WHEREAS, on February 17, 2009, the City Council continued the public hearing to March 3, 2009 to allow proper public noticing of the appeal application; WHEREAS, on March 3, 2009, a duly noticed public hearing was held by the City Council to allow for public comment on the proposed project and with all persons having been given the opportunity to be heard both for and against the proposed project. WHEREAS, City Council continued the public hearing to April 7, 2009, to allow the applicant to hold a community meeting and develop a plan that would address concerns of the neighborhood; WHEREAS, On April 7, 2009, the City Council held a public hearing and considered Planning Application PA -08-23 as modified, including the following: (a) Retention of the existing single-family residence on Raleigh Avenue, (b) Reduction of the originally proposed construction project to meet the maximum 0.25 FAR requirement excluding the residential site, (c) Reduction in building height from 33 feet to 30 feet, although a variance is still required, (d) Modified access at Congress Street gate to ingress only during morning pick-up and afternoon drop-off when school is in session from 8:15 AM to 3:00 PM, Monday through Friday; WHEREAS, the proposed project as modified has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and is considered an exempt activity under CEQA Guidelines Section 15332, Class 32, related to infill development; BE IT RESOLVED that the City Council hereby MODIFIES THE PLANNING COMMISSION'S APPROVAL Planning Application PA -08-23, with respect to the revised project and the property described above. BE IT FURTHER RESOLVED that the 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 -08-23, based on the evidence in the record and the findings contained in Exhibit "A, "and upon applicant's compliance and all of the conditions contained in Exhibit "B", as well as with compliance of all applicable federal, state, and local laws. Should any material change occur in the operation, or should the applicant fail to comply with the conditions of approval, this resolution, and any recommendation for approval herein contained, shall be deemed null and void. PASSED AND ADOPTED this 7t" day of April, 2009. ATTEST: r -, �, /,-. �? -,; /, DI If - Ju Cit Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: Kimberly Hall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 09-23 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of April, 2009, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, MONAHAN NONE FOLEY IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8th day of April, 2009. JULI FOLCIK, 6TY CLERK (SEAL) EXHIBIT "A" FINDINGS (APPROVAL) A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that the proposed use 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. Specifically, the maximum 0.25 Floor -Area -Ratio for an institutional use in the Low Density Residential General Plan designation shall not be exceeded. Additionally, the number of students remains the same and the improvements provide for a modernized church campus. A total of 410 students including preschool students were authorized in February 14, 1994 with approval of PA -94-07. B. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: a. The proposed development and use is compatible and harmonious with uses both onsite as well as those on surrounding properties. Specifically, the proposed expansion will modernize the appearance and use of church buildings without increasing number of students. b. Safety and compatibility of the design of the buildings, parking areas, landscaping, luminaries, and other site features including functional F1 aspects of the site development such as automobile and pedestrian circulation have been considered. The proposed new driveway on Victoria Street will improve ingress and egress to the site and provide better on-site circulation. In addition, the single-family detached residence at 2199 Raleigh Avenue will remain and retain its residential use compatible with other residences in the neighborhood. c. The planning application is for a project -specific case and does not establish a precedent for future development. C. The information presented substantially complies with Section 13-29(g)(1) of the Costa Mesa Municipal Code: a. Because of special circumstances (lot size/width and location) applicable to the property, the strict application of the maximum building height requirement (27 ft. required, 30 ft. proposed) would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. The proposed building height of 30 feet although more than the maximum allowable building height of 27 feet, it is compatible with other on-site buildings and situated in a central location more than 100 feet from property lines. b. The variance granted shall be subject to such conditions as will assure that the deviations authorized shall not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated. c. The granting of the variance will not allow a use, density, or intensity which is not in accordance with the General Plan designation, as amended. D. 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 15332, Class 32. 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 (a) at all affected intersections (b) by the payment of traffic impact fees. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. Prior to issuance of a demolition permit for Phase 2 improvements, a Lot Line Adjustment shall be approved and recorded to merge three parcels located at 758/760 Victoria Street and 2199 Raleigh Avenue. 2. All conditions of approval for ZE-74-103, PA -86-101, PA -92-25, and PA - 94 -07 remain in effect unless amended hereto. 3. The applicant shall remove any illegal and non -conforming signs on the property within 14 days of the effective date of this approval. Banner signs shall be in conformance with the requirements of Cost Mesa Municipal Code. 4. The conditions of approval and code provisions of PA -08-23 shall be blueprinted on the face of the site plan as part of the plan check submittal package. The project shall comply with these requirements. 5. The subject property's ultimate finished grade level may not be filled/raised unless necessary to provide proper drainage, and in no case shall it be raised in excess of 30 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on-site storm water flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public storm water facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall continuously be maintained in working order. In any case, development' of subject property shall preserve or improve the existing pattern of drainage on abutting properties. No cross lot drainage to adjacent properties shall be allowed. 6. Upon completion of demolition and grading activities and prior to construction of Phase 1 improvements, the applicant shall work with adjacent property owners in the repair, refinish, replacement, and/or construction of a 7 -foot high block wall along the eastern perimeter of the project site, abutting the residential properties on Raleigh Avenue. Applicant shall increase the height of the existing wall to a minimum height of seven feet (as measured from finished grade at church property) by means of a one -foot wood screen atop the existing wall, additional block, or other means as acceptable by the Planning Division. The finished wall shall feature consistent quality, design, appearance, and plaster treatment throughout the course of the wall and shall also be consistent in appearance with the block wall along the westerly property line. The applicant shall work with the adjacent property owner(s) to prevent side-by-side walls. The chain link fencing and mesh green -screen along Congress Street shall be secured and maintained in a good condition at all times. 7. To the fullest extent possible, the landscape plan shall feature 24 -inch box trees and 5 -gallon shrubs that exceed the minimum size requirements of trees and shrubs as described in the City's landscaping standards to the satisfaction of the Development Services Director. The landscape plan shall be approved prior to issuance of building permits. The existing mature tree on Victoria Street shall be retained in its current location if determined feasible. Relocation or replacement of the tree shall occur under the direction of the Planning Division and Public Services Department as deemed appropriate. 8. No modification(s) of the approved building elevations including, but not limited to, changes that increase the building height, removal of building articulation, design modifications, or a change of the finish material(s), shall be made during construction without prior Planning Division written approval. Failure to obtain prior Planning Division approval of the modification could result in the requirement of the applicant to (re)process the modification through a discretionary review process, or in the requirement to modify the construction to reflect the approved plans. 9. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts shall be permitted. 10. There shall be minimal nighttime lighting, primarily security purposes, of the common areas. Any lighting under the control of the applicant shall be directed in such a manner so as to not unreasonably interfere with the quiet enjoyment of the nearby residences abutting the project site. 11. The property located at 2199 Raleigh Avenue shall be retained and used as a single-family residence. No other church or school functions shall occur at this site. 12. Access at the Congress Street gate shall be for vehicle ingress only while school is in session, from 7:30 AM to 3:30 PM, Monday through Friday. Exceptions: Vehicle ingress and egress at the Congress Street gate may occur on Saturday and Sunday for church related activities and/or special events, or as needed for permitted construction activity. 13. Demolition permits for any existing structures shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 14. All backflow prevention devices, transformers, and other utility or ground -mounted equipment shall not be located in any landscaped setback visible from the street, except when required by applicable uniform codes, and shall be screened from view, under the direction of Planning Staff. The applicant shall show method of screening for all ground -mounted equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.) on the initial working plans. 15. Construction, grading, materials delivery, equipment operation or other noise -generating activity shall be limited to between the hours of 7 a.m. and 8 p.m., Monday through Friday, and between the hours of 8 a.m. and 6 p.m. on Saturday. Construction is prohibited on Sundays and Federal holidays. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting and other quiet interior work. 16. All accessory and temporary structures shall be removed from parking areas. Parking lots shall be open and accessible at all times that the school and church is in operation to prevent overflow parking to adjacent residential streets. 17. All landscaped areas shall be separated from paved vehicular areas by 6 -inch high continuous Portland Cement Concrete (PCC) curbing. The applicant shall install additional 15 -gallon trees along Congress Street and the easterly parking area for screening to the greatest extent possible subject to final approval by the Planning Division. 18. All on-site utility services shall be installed underground. 19. Installation of all utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property. The installation vault, wall cabinet, or wall box under the direction of the Planning Division. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. All roof -mounted equipment Is prohibited. - 20. Five (5) sets of detailed landscape and irrigation plans shall be required as part of the project plan check review and approval process. Three -- (3) sets shall be provided to the representative water agency and two (2) set shall be submitted to the Planning Division for review. Plans shall be approved by the water agency with two (2) approved sets forwarded by the applicant to the Planning Division for final approval prior to issuance of building permits. 21. Existing mature trees shall be retained wherever possible. Should it be necessary to remove existing trees, the applicant shall submit a written request and justification to the Planning Division. A report from a California licensed arborist may be required as part of the justification. Replacement trees shall be of a size consistent with trees to be removed and may be required on a 1:1 basis. This requirement shall be completed under the direction of the Planning Division. 22. Two (2) sets of landscape and irrigation plans, approved by both the water agency and the Planning Division, shall be attached to two of the final building plan sets. 23. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-103 through 13-108 as well as irrigation requirements set forth by the water agency. Consult with the representative water agency. Mesa Consolidated Water District, Engineering Division, (949) 631-1291. 24. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. Trans. 25. Full mitigation of off-site traffic impacts at the time of issuance of Building Permit by submitting to the Planning Division the required Traffic Impact Fee pursuant to the prevailing schedule of charges adopted by the City Council. The Traffic Impact Fee is calculated based upon the average daily trip generation rate of 9.11 trip ends per TSF for the proposed project and includes a credit for any previously existing use. At the current rate the Traffic Impact Fee is established at $5,792.00. The Traffic Impact Fee will be recalculated at the time of issuance of Building Permit based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. Eng. 26. Maintain the public right-of-way in a "wet -down" condition to prevent excessive dust and promptly remove any spillage from the public right-of- way by sweeping or sprinkling. Fire 27. If the Group E Occupancy area exceeds 20,000 sq. ft. fire sprinklers will be required per CFC Section 903.2-2.1. 28. A manual and automatic fire alarm system will be required with an occupant load over 50 or more than one classroom or one or more rooms used as day care purposes as per CFC 907-.2.3. 29. Panic hardware shall be required for Group E occupancy if occupant load is over 50 as per CFC 1008.1.9. Play 30. Stationary play equipment shall be located on turf, sand, or other Areas treated surface to the satisfaction of the Development Services Director. Outdoor play areas shall include a combination of both hard and soft surfaces. 31. Playground equipment should demonstrate compliance to State of California Playground Safety Regulations R-39-97, (California Code of Regulations Title 22, Division 4, Chapter 22) available from Barclay's California Code of Regulations (800) 888-3600. State safety regulations are based on the ASTM F1487-98 Standard Consumer Safety Performance Specification of Playground Equipment for Public Use and the Consumer Production Safety Commission Handbook for Public Playground #325, both available from the California Department of Health Services, (916) 654-0381. 32. Prior to building permit issuance, the applicant shall submit a final playground plan for review and approval, which includes detailed playground specifications of manufactured play equipment. The playground plan shall depict safety fall zones, safety surfacing materials and construction specifications, manufacturer and model numbers of equipment and equipment deck heights. On a project -specific basis, the Development Services Director shall require that the playground plan adequately serve the anticipated number of users and their activities. 33. Prior to occupancy, the applicant shall submit a letter stating that the play equipment installation has been inspected by a person authorized by the manufacturer, that the equipment has been installed per manufacturer's specifications, and that it complies with the minimum playground safety regulations adopted by the State of California (California Code of Regulations, Title 22, Division 4, Chapter 22). 34. All nighttime school activities in the outdoor play yard areas shall be subject to review and approval by the Development Services Director. 35. There shall be no nighttime lighting, except for security purposes, of outdoor play areas after school hours. Any lighting under the control of the applicant shall be directed in such a manner so as to not unreasonably interfere with the quiet enjoyment of nearby residences. 36. The outdoor play area shall be enclosed with a six-foot high fence or wall with a lock or latching device that is not accessible to children. All fences or walls shall provide for safety with controlled points of access. Ping. 37. The variance approved for the increased building height (overall height Comm of 30 feet) shall only apply to proposed building and not the entire project site. 91tv 38. Prior to issuance of demolition permit, the applicant shall submit for Council review and approval a Construction Management Plan. This plan shall feature methods to minimize disruption to residential communities through specified measures such as construction parking and vehicle access and, specific staging areas. Haul routes must be approved by the Engineering Division and ensure that access on Congress Avenue is minimized to the greatest extent possible.