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HomeMy WebLinkAbout09-06 - Modifying Planning Commission's Approval of Zoning Application ZA-08-10RESOLUTION NO. 09- 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MODIFYING THE PLANNING COMMISSION'S APPROVAL OF ZONING APPLICATION ZA-08-10. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Sheldon Group, authorized agent for Trinity Christian Center, owner of real property located at 3150 Bear Street, requesting approval of a minor conditional use permit allowing a maximum of 12 outdoor filming activities per year at Trinity Christian Center, located at 3150 Bear Street, in an Administrative and Professional (AP) zone; and WHEREAS, on August 21, 2008, the Zoning Administrator approved Zoning Application ZA-08-10; and WHEREAS, on August 25, 2008, the Zoning Administrator's approval of Zoning Application ZA-08-10 was appealed to the Planning Commission; and WHEREAS, a duly noticed public hearing held by the Planning Commission on September 22, 2008, was.continued to the meeting of October 13, 2008. WHEREAS, on October 13, 2008, Planning Commission approved Zoning Application ZA-08-10, subject to conditions of approval; and WHEREAS, on October 20,' 2008, Planning Commission's decision was appealed by the applicant with respect to one of the conditions of approval (Condition Number 12) to the City Council; and WHEREAS, a duly noticed public hearing was continued by the City Council, at the request of the applicant, from November 18, 2008, to January 20, 2009. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", the City Council hereby APPROVES AS MODIFIED ZA-08- 10 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 the activity as described in, the staff report for Zoning Application ZA-08-10 and upon applicant's compliance with each and all of the conditions contained in Exhibit "B" as well as with 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. PASSED AND ADOPTED this 20th day of January, 2009. ATTEST: Jul' Folcik, City Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: j �' A" &'J 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. 09-6 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 20th day of January, 2009, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS MANSOOR, LEECE, FOLEY BEVER, MONAHAN NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 21 st day of January, 2009. (SEAL) 11 JUA FOLCIK, CITY CLERK EXHIBIT "A" FINDINGS (APPROVAL) ZA-08-10(Appeal) A. The use complies with Costa Mesa Municipal Code Section 13-29(e) because: • The use, as conditioned, is compatible and harmonious with uses that exist in the general neighborhood. • The use, as conditioned, complies with applicable performance standards as prescribed in the Zoning Code, specifically, compliance with the City's noise ordinance provisions. • The use is consistent with the General Plan, specifically General Plan Goal LU - 1 F.1, because the recommended conditions of approval will ensure the protection of existing residential neighborhoods from incompatible or disruptive land uses and/or activities. • The zoning application is for a project -specific case and does not establish a precedent for future development. • The cumulative effects of all planning applications have been considered. B. 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 minor 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, based upon staff's observation of the outdoor filming activity related to TBN, the sound generated during filming was not audible from adjacent residential properties and no light spillover was observed. The Police Department has no record of complaints related to the outdoor filming events that have taken place at TBN. The applicant will be required to comply with the conditions of approval to ensure that the use is not disruptive to adjacent uses or properties. Because the outdoor filming activities require TBN to conduct regular landscape maintenance to keep the property in a nicely manicured "ready to film" condition, such maintenance have the possibility of exceeding the noise limitations specified in the City's Zoning Code and in the conditions of approval for limiting the use of lifts, leaf blowers, and tree trimming equipment per Planning Applications PA -96-19 and PA -98-24, it is reasonable to require 24-hour noise monitoring for a period of six months as a condition for their minor conditional use permit for outdoor filming. 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 exempt from CEQA under Section 15301 for Existing Facilities. D. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. ZA-08-10(Appeal) EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. The minor conditional use permit herein approved shall be valid until revoked. The minor conditional use permit may be modified or revoked 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. 2. Each of the 12 outdoor filming activities shall be limited to a single day. 3. Activities related to outdoor filming, including equipment installation and removal, shall be limited to between 5:30 p.m. and 9:00 p.m. No outdoor filming activities shall occur on Sundays or holidays. 4. Outdoor filming activities shall not occur more than 12 times per year from the effective date of this approval. 5. Audiences, spectators, or noise -generating props (such as live animals) shall not be permitted during any outdoor filming activities. 6. Amplified sound, loudspeakers and/or public address systems shall not be permitted. 7. A copy of the conditions of approval for the minor conditional use permit shall be kept on premises and presented to any authorized city official upon request. Trinity Christian Center shall notify new business/property owners of conditions of approval upon transfer of business or ownership of land. 8. Outdoor activities shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. Trinity Christian Center shall institute whatever security and operational measures are necessary to comply with this requirement. 9. All conditions of approval, code requirements, and special district requirements for Planning Applications PA -96-19 and PA -98-24 shall continue to be complied with. 10. Code Enforcement complaints regarding verified noise violations of any of the operating conditions and restrictions shall be immediately remedied by Trinity Christian Center. 11. Exterior lighting, either for the parking lot, to illuminate the building, or for television production, shall be designed and/or adjusted to prevent spillover light or glare onto adjacent properties. Shielding or other methods necessary to prevent light or glare spill-over shall be incorporated. City 12. At Trinity Christian Center's expense, noise monitoring equipment shall be Cncl. installed on the applicant's property per the specifications of an independent acoustic consultant and in proximity to the adjacent single-family homes. The equipment shall continuously monitor on-site noise levels 24 hours a day, seven days a week, and the equipment shall be installed and operational no later than four months from the effective date of this approval. The equipment shall be operated and maintained by the acoustic consultant, who will submit a report on the data collected to the Planning Division on a quarterly basis. The Planning Division shall report this information to the Planning Commission on a quarterly basis. The noise monitoring equipment shall remain operational six months from the date of its initial installation. ZA-08-10(Appeal) 13. The applicant shall require tree clippings to be shred on the northwest side of the property near Bear Street and the 1-405 Freeway. 14. The applicant shall replace the TBN Leaf Blower with a Model 356BF Leaf Blower. 15. The applicant shall use only the electric boom along the residential sides of the property; the use of gas booms is prohibited along the residential sides of the property. 16. The applicant shall top -off the trees located along the property walls adjacent to residential properties.