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HomeMy WebLinkAbout00-78 - Approving Minor Conditional Use Permit ZA-00-19RESOLUTION NO. 049-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT ZA-00-19. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Susan Kline, authorized agent for Lighthouse Coastal Community Church, with respect to real property located at 301 Magnolia Street/320 East 18th Street, requesting an extension of time for a temporary modular classroom building in the I & R zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 25, 2000, at which time the Planning Commission approved Minor Conditional Use Permit ZA-00-19; and WHEREAS, Minor Conditional Use Permit ZA-00-19 was appealed to the City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on October 16, 2000; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit "A", and subject to conditions contained in Exhibit "B", the City Council hereby approves Minor Conditional Use Permit ZA-00-19 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 described in the staff report for Minor Conditional Use Permit ZA-00-1'9, and upon applicant's compliance with each and all conditions contained in Exhibit "B". 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 16' day of October, 2000. r, , L, Mayor of th City of Costa Mesa ATTEST: -011, I Deputy City rk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM ZL, J,�O- o► CITY ATTO EY 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. p o - 7g' was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 16th day of October, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of October, 2000. Deputy City C er and ex -officio Clerk of the City Council -of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. ZA-00-19 A. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(2) in that the proposed existing modular building 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, traffic flow is controlled by the school and is limited to a brief period in the morning and in the afternoon when the students arrive and are dismissed from school. Outdoor play activity is limited and does not impact the parking, because peak parking demand for the church occurs while the school is not in session. There are limited noise impacts because many of the students play between the two buildings and physical education classes that are held in the parking lot are limited in size. The proposed restriping of the parking lot will increase the number of parking spaces on the church property and includes the closure of two driveways, which will improve both on-site and off-site circulation. 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. B. The proposed project complies with Costa Mesa Municipal Code Section 13- 29 (e) because: a. The retention of the modular building is compatible and harmonious with uses both on-site as well as those on surrounding properties, because of its location on property zoned for institutional and recreational uses and developed with a church; many schools are located within residential areas; and -the modular building and school site are neatly maintained. b. Safety and compatibility of the design of the buildings and parking areas and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. The applicant has developed and is enforcing a drop-off and pick-up system that protects the children and allows for unhampered, flow-through circulation both on- and off-site. c. The proposed project complies with applicable performance standards prescribed in the Zoning Code. Outdoor play activity within the parking lot play yard is limited in time and number of students. Additionally, the school has not installed any permanent recreational facilities in the parking lot that hamper use of the parking spaces. d. The project is consistent with the General Plan in that the modular building does not cause the church site to exceed the allowed .25 FAR. e. The planning application is for a project -specific case and does not establish a precedent for future development. APPL. ZA-00-19 f. The cumulative effects of all past and present planning applications have been considered for both the subject property and surrounding properties. The different operating times of the church and school allow common use of the parking lot without impacting the other's parking needs nor on- and off-site circulation. While the preschool at 300 Magnolia also has use of the church's parking lot, more than adequate parking will be provided because of the limited number of employees of all existing and approved uses on the property. 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. D. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. ZA-00-19 Ping. 1. A scaled parking lot restriping plan, shall be submitted to the Development Services Department within 30 days of Planning Commission action, and shall show the following: • Closure of the two middle driveways on Magnolia Street, with full -height curb, gutter, and sidewalk replacement. • Installation of planters where the two driveways are closed to match those along Magnolia Street. Materials shall duplicate that provided in the existing planters. • Removal of all weeds and wheel stops . • Resurfacing of the complete parking lot area. • Required number of handicapped parking. • Designated play yard behind (north of) the modular building and the temporary play yard area to the east of the modular building. • Double striping per City standards.. • Location and design of a trash enclosure. All improvements shall be completed within 120 days of Planning Commission action. 2. The current drop-off and pick-up plan shall be submitted to Planning staff in writing and shall include but not -be limited to, explanations, of how the cars are directed for queuing and the provision of safe access and waiting areas for the children. This condition shall be completed within 30 days of final action on ZA-00-19. 3. The applicant shall construct 27 lineal feet of 6 -foot high. block wall on -the west property line adjacent to the play yard,.unless a written waiver is obtained from the owner of the adjoining property to the west. This condition shall be completed within 30 days of final action on ZA-00-19. 4. The church shall process an amendment to its master plan to reflect the use of portions of the parking lot as school play yard, as well as to delineate existing and proposed uses of the church and ancillary buildings. The application shall be filed within 60 days of Planning Commission action 5. The school and related after-school care shall not operate later than 6 p.m. weekdays. To ensure that there will be no parking conflicts with the church, special activities may be scheduled during evenings and weekends with permission from the church. 6. The minor conditional use permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity APPL. ZA-00-19 authorized hereby for a period of 180 days or more. The minor 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 7. The applicant shall work with staff to create a plan for landscaping with automatic irrigation system at the north side of the modular building and at the north side of the parking lot. 8. The applicant shall apply for a special event permit for outdoor special activities requiring sound amplification, excluding normal school bells, etc. 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. Bldg. 1. Within 30 days of Planning Commission action, the applicant shall submit a plan to the Building Division depicting how handicap accessibility requirements will be satisfied. Any improvements that may be required shall be completed within 120 days of. Planning Commission action.