HomeMy WebLinkAbout15 - PH-2 - Appeal of Planning Application 19-15 - 12/17/20191
CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 17, 2019 ITEM NUMBER: PH-2
SUBJECT: APPEAL OF PLANNING APPLICATION 19-15 FOR EF EDUCATION
FIRST AN INTERNATIONAL ENGLISH LANGUAGE SCHOOL AT 3150
BEAR STREET
DATE: DECEMBER 12, 2019
FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: DANIEL INLOES, AICP
ECONOMIC DEVELOPMENT ADMINISTRATOR
FOR FURTHER INFORMATION
CONTACT:
DANIEL INLOES 714-754-5088
RECOMMENDATION:
Staff recommends that the City Council uphold the Planning Commission’s decision to
adopt a Resolution to:
1. Adopt the Initial Study/Mitigated Negative Declaration (IS/MND) for the project
including the Mitigation Monitoring and Reporting Program; and
2. Approve Planning Application 19-15, subject to conditions of approval, project
design features, and mitigation measures.
APPELLANT:
The appellant is Stacy Swanson.
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PLANNING APPLICATION SUMMARY
Location: 3150 Bear Street Application Number: PA-19-15
Request: Planning Application 19-15 is a request for several entitlements; a Conditional Use Permit, two
Minor Conditional Use Permits, three Variances, and a Minor Modification to allow for the
proposed international language school.
SUBJECT PROPERTY: SURROUNDING PROPERTY:
Zone: AP (Administrative
Professional)
North: (Across I-405) PDC- South Coast Plaza
General Plan: General Commercial South: CL and PDR-LD – Office Building and
Single Family Residences.
Lot Dimensions: Irregular (project site) East:
R1 –Single Family Residences
Lot Area: 6.19-acre (project site) West: (Across Bear Street) – I&R - Shiffer Park
Existing Development: 68,256 corporate office building with outdoor grand terrace and surface parking.
DEVELOPMENT STANDARDS COMPARISON
Development Standard Required/Approved Proposed/Provided
Maximum FAR .751 .58
Building Height Existing: 44 FT2
New: 2 stories/ 30 feet FT
Existing Building: 44 FT
Dormitory 1: 42 FT3
Dormitory 2: 28 FT
Dormitory 3: 28 FT
Development Lot Building Setbacks:
Front (Bear Street) 20 FT 0 FT4
Side (Along I-405) 20 FT 54 FT
Side (Interior) Existing Building: 314 FT2
Dormitory 1: 84 FT
Dormitory 2: 56 FT
Dormitory 3: 56 FT
Existing Building: 314 FT
Dormitory 1: 497 FT5
Dormitory 2: 107 FT
Dormitory 3: 107 FT
Rear Existing Building: 57 FT2
Dormitory 1: 84 FT
Dormitory 2: 56 FT
Dormitory 3: 56 FT
Existing Building: 57 FT
Dormitory 1: 78 FT5
Dormitory 2: 65 FT
Dormitory 3: 330 FT
Parking
1,550 1026
Landscaping
Perimeter Landscaping Abutting Street 20 FT Bear Street 0 FT7
I-405 Fwy 7 FT7
1 The trip generation letter identified this use as a Very Low Traffic Use which allows for a .75 FAR
2 The existing building was previously approved through ZE-76-20
3 This proposed project is requesting a deviation from maximum height to allow for 3-story dormitory
4 This proposed project is requesting a deviation from the setback for a generator, trash enclosure, and parking
5 This proposed project is requesting a deviation from the building setback for Dormitory 1
6 This parking requirement is based on the unusual operating characteristics discussed as part of the MCUP
7 This proposed project is requesting a deviation from the landscape perimeter along Bear St and I-405 FWY
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BACKGROUND:
On November 25, 2019, the proposed project was reviewed and approved unanimously
(7-0) by the Planning Commission. During its discussion, the Planning Commission
discussed Condition of Approval (“COA”) No. 9; which would require an agreement
between EF Education First: International Language Campus (“EF”) and the City to be
signed before the entitlements are activated. Should the City Council uphold the
decision from Planning Commission to approve the project, the Council will review the
proposed agreement later on the December 17 agenda. In its action, the Planning
Commission provided minor changes to several COAs and added five new conditions to
the project. New COAs added by the Commission would prohibit competitive sports
programs from leasing out the school’s outdoor area, prohibit motorized scooters onsite,
prohibit student parking in residential zones, require the applicant to provide 70 bike
racks onsite, and require the applicant to coordinate with the planning division to
develop a Bicycle and Pedestrian Access Plan.
On December 2, 2019, the Planning Commission’s decision was appealed by Stacy
Swanson, a property owner abutting the project site to the south. Ms. Swanson
appealed the project due to concerns she has of potential impacts the project may have
on herself and other residents of the Lifestyle development. She specifically cites
vehicular traffic, exhaust from idling vehicles, and noise from the parking lot and
recreational area which are the two uses closest to her property.
This report summarizes key points regarding the project. Detailed discussion is
included in the Planning Commission Agenda Report, which is included as Attachment
6 to this report.
Planning Commission Staff Report dated November 25, 2019:
http://ftp.costamesaca.gov/costamesaca/planningcommission/agenda/2019/2019-11-
25/PH-1.pdf
Video: https://costamesa.granicus.com/MediaPlayer.php?view_id=10&clip_id=3479
DESCRIPTION:
The proposed project is located at 3150 Bear Street. The site is zoned AP
(Administrative Professional) and has a General Plan land use designation of General
Commercial. The site is bounded by Bear Street to the west; the I-405 Freeway to the
north; single-family residential properties to the east; and to the south, is an office
building and a single-family residential development (Lifestyles). Shiffer Park is located
to the west of the project site across Bear Street. The site has been vacant for
approximately two and a half years. The previous tenant was Trinity Broadcasting
Network (TBN) who sold the building in March 2017. TBN used the building as an
international headquarters for the tele-evangelical church. TBN used this site primarily
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for office, filming, broadcasting, and publically attended church meetings for over 20
years.
The subject property is just over 6 acres in size and is developed with two structures.
The primary building is a three-story 68,256-square-foot reinforced concrete building
built in 1976. The second structure was built to house the mechanical equipment for the
primary structure. The rest of the property is covered by surface parking with 300
spaces; perimeter landscaping; and a grand terrace, with sculptures, colonnades, and a
fountain. Previous entitlements were granted to the property for a full public kitchen and
outdoor filming or events. These previous entitlements are not part of the proposed
project.
The proposed project would include the following: 1) renovation of the existing three-
story building (approximately 44-feet tall) modified to 57,700 square feet in area,
including approximately 50 classrooms, a student services area, cafeteria, a gym, as
well as faculty/staff offices; 2) development of a three-story, 49,800-square-foot
dormitory to the north of the existing building; 3) development of two two-story, 23,000-
square-foot dormitories; 4) surface parking areas; 5) outdoor recreational facilities
including a pool with a pool house; and 6) landscaping. The project includes the addition
of 87,000 square feet of new buildings on the project site. Therefore, the total existing
and proposed building square footage on the project site would be 155,000 square feet.
The proposed project could serve up to 1,347 students and would have approximately
70 employees.
This project requires several discretionary approvals as follows: 1) conditional use
permit to allow for a college/university/post-secondary school including new classrooms
and student dormitories; 2) minor conditional use permit to allow for outdoor recreational
uses, including basketball, swimming and volleyball; 3) minor conditional use permit to
deviate from parking requirements; 4) height variance to allow for a new three-story
student residential building along the I-405 Freeway; 5) front setback variance to allow
for the construction of structures for a generator and trash enclosure within the front
setback adjacent to Bear Street; 6) perimeter landscape setback variances to allow for a
drive aisle within landscape setback along the I-405 and parking spaces within the
landscape setback along Bear Street; and, 7) minor modification for the three-story
dormitory to encroach on the rear-yard setback.
ANALYSIS:
The project was reviewed for any significant impacts during the application review
process. This project required an Initial Study/Mitigated Negative Declaration (IS/MND)
which includes a detailed study of noise (Appendix L of the IS/MND), pollution
(Appendix A, B,H, I of the IS/MND), and traffic (Appendix M of the IS/MND). These
appendices and the IS/MND can be found in the link within the Environmental
Determination section. The proposed project’s impact to the neighboring residential
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communities within the vicinity, including the residences in the Lifestyles development,
were evaluated and discussed in detail within the Planning Commission Agenda Report
and its attachments.
GENERAL PLAN CONFORMANCE:
The following analysis evaluates the proposed project’s consistency with specific goals,
objectives, and policies of the General Plan, Land Use Element.
1. Policy LU-1.2: Balance economic gains from new development while preserving the
character and densities of residential neighborhoods.
Consistency: The proposed project would bring in additional property taxes,
$1.8 million over the next 15 years, within an Infrastructure Agreement, as
agreed to by the applicant, and the potential for revenue from additional sales tax
from visiting students spending money in the community. The international
language school is not altering the character or densities of residential
neighborhoods but enhancing quality of life by; funding an additional signalize
pedestrian crossing of Bear Street, encouraging active and public transportation,
reducing the number of average daily trips to the site, and maintaining a closed
gate on Olympic Avenue.
2. Policy LU-2.7: Permit the construction of buildings over two stories or 30 feet only
when it can be shown that the construction of such structures will not adversely
impact surrounding developments and deprive existing land uses of adequate light,
air, privacy, and solar access.
Consistency: The shade and shadow study figures in the IS/MND show that the
proposed three-story building (Dormitory 1) will only cast shadow on a
neighboring development during winter afternoons and the shadow is mostly over
the house and not its private open space. Furthermore, those shadows are
already partially occurring now with the existing 3-story building.
3. Policy LU-6.10: Encourage a broad range of business uses that provide
employment at all income levels and that make a positive contribution to the City’s
tax base.
Consistency: The proposed EF Education First School would provide for 70
additional jobs which range from management to administrative staff level jobs.
The proposed project would bring in property taxes that have not been collected
from this property in over 20 years due to the previous tenant’s tax-exempt
status. Additionally, the proposed project will be bringing in thousands of
students every year who are encouraged to explore the community around them
and therefore will result in an increase in retail sales taxes, as well. Lastly, the
applicant has agreed to provide $1.8 million over the next 15 years to offset
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unforeseen costs this project might generate to ensure that its fiscal impact is
positive to the City.
4. Policy LU-7.6: Seek out opportunities to attract primary businesses within stable
industries and support industries that already exist within the City.
Consistency: The education industry predates the City. Orange Coast College,
Vanguard University, National University, California Southern University and
many others have campuses here. The addition of a primary for-profit post-
secondary school which has over 500 campuses around the world is a stable
participant within this industry and would contribute to the diversity of this
industry within the City.
JUSTIFICATIONS FOR APPROVAL:
The justifications for this approval include thoughtful site planning, a compatible use,
diminished traffic volumes, and an overall economic benefit to the community and the
businesses within it. The justifications for the approval of this project are not altered by the
concerns posed by the appellant. Please refer to the Planning Commission Agenda
Report (Attachment 6) for details on the justifications for approval.
ENVIRONMENTAL DETERMINATION:
An Initial Study/ Mitigated Negative Declaration (IS/MND) has been prepared by the City in
accordance with the California Environmental Quality Act (CEQA). In accordance with
CEQA Guidelines Section 15073, the IS/MND was made available for a 20-day public
comment period beginning on October 15, 2019. The public comment period closed on
November 5, 2019. A copy of the Draft IS/MND is included within this report under
separate cover (Attachment 9). During the review period, the following comments letters
were received:
Letter Number Sender Date Received
1 Rolf Kleiner 10/26/2019
2 Orange County Sanitation District 10/28/2019
3 Marilyn Grant 10/30/2019
4 Costa Mesa Chamber of Commerce 10/30/2019
5 South Coast AQMD 11/1/2019
6 Harlan Williams 11/1/2019
7 George Berg 11/1/2019
8 South Coast Metro Alliance 11/4/2019
9 Charles & Mariann Chappell 11/4/2019
10 Jay Humphrey 11/4/2019
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A response to the comments received from the above agencies and residents during
the CEQA public review period is attached (Attachment 12).
In evaluating specific effects of the project on the environment, the IS/MND identifies
thresholds of significance for each effect, evaluates the potential environmental change
associated with each effect, and then characterizes the effects as no impact, less than
significant impact, less than significant impact with mitigation measures incorporated, or
potentially significant impact. The draft IS/MND identifies mitigation measures in the
areas of biological resources, cultural resources, tribal cultural resources, and
geological recourses.
With the implementation of the project design features described and the mitigation
measures identified in the IS/MND and the Mitigation Monitoring Program for the
proposed project, impacts would be reduced to less than significant levels. The
Mitigation Monitoring Program is attached to the draft Resolution (Attachment 1).
ALTERNATIVES CONSIDERED:
The City Council has the following alternatives:
1. Approve the project. The City Council may uphold the decision by Planning
Commission and approve the project as proposed, subject to the conditions outlined
in the attached Resolution.
2. Approve the project with modifications. The City Council may suggest specific
changes that are necessary to alleviate concerns. If any of the additional requested
changes are substantial, the item should be continued to a future meeting to allow a
redesign or additional analysis. In the event of significant modifications to the
proposal, staff will return with a revised Resolution incorporating new findings and/or
conditions.
3. Deny the project. If the City Council believes that there are insufficient facts to
support the findings for approval, the Planning Commission must deny the
application, provide facts in support of denial, and direct staff to incorporate the
findings for denial into a Resolution for denial. If the project were denied, the
applicant could not submit substantially the same type of application for six months.
FISCAL REVIEW:
The fiscal impact of this project is assessed in the Fiscal Impact Analysis (Attachment 8).
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LEGAL REVIEW:
The City Attorney’s office has reviewed the documents and approved them as to form.
PUBLIC NOTICE:
Pursuant to Title 13, Section 13-29(d), of the Costa Mesa Municipal Code, three types
of public notification have been completed no less than 10 days prior to the date of the
public hearing:
1. Mailed notice. A public notice was mailed to all property owners and occupants
within a 500-foot radius of the project site. The required notice radius is
measured from the external boundaries of the property. (See attached
Notification Radius Map)
2. On-site posting. A public notice was posted on each street frontage of the
project site.
3. Newspaper publication. A public notice was published once in the Daily Pilot
newspaper.
As of this report, 15 written public comments have been received (Attachment 9). Any
public comments received prior to the December 17, 2019 City Council meeting will be
provided separately. Attachment 12 contains comments received regarding the IS/MND
during its public comment period.
CITY COUNCIL GOALS & PRIORITIES:
In 2019, the City Council adopted a list of goals and priorities. This project works toward
achieving the following City Council goals and objectives.
Goal 2: Improve our Neighborhoods and Quality of Life.
(g) Invest in infrastructure improvements including streets, sidewalks, bikeways,
alleyways, storm drains, parkways, medians, and trees to ensure all areas of town
(especially Districts 4 and 5) are raised to the same high standard for infrastructure.
This includes updating our Parkway and Median Standards and exploring the possibility
of becoming a Tree City USA.
Goal 5: Improve Mobility and Parking.
CONCLUSION:
The proposed request is for a CUP to allow an international language post-secondary
school; a minor conditional use permit to allow for recreational uses and to deviate from
parking requirements; and variances for height, front setback, and side setback along the
I-405 freeway and Bear Street. Staff recommends that City Council uphold the decision
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of the Planning Commission and adopt a Resolution to Adopt the Initial Study/Mitigated
Negative Declaration (IS/MND) for the project including the Mitigation Monitoring and
Reporting Program and approve Planning Application 19-15, subject to conditions of
approval, project design features, and mitigation measures.
_________________________________ _________________________________
DANIEL INLOES BARRY CURTIS, AICP
Economic Development Administrator Economic and Development Services
Director
________________________________ _________________________________
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Director of Finance City Attorney
Attachments: 1. City Council Resolution and Exhibits
2. Signed Planning Commission Resolution
3. Redlined Planning Commission Resolution
4. Appellant’s Letter
5. Project Applicant’s Letter and Attachments
6. Planning Commission Agenda Report (no attachments)
7. Draft Agreement
8. Fiscal Impact Analysis
9. Public Comments
10. Project Plans
11. IS/MND (Under Separate Cover)
12. Response to Comments (Under Separate Cover)
Appellant:
Appellant:
Stacy Swanson
3131 Encore Court
Costa Mesa, CA 92626
Applicant:
EFEKTA Group, Inc.
c/o Shawna Marino
10
Two Education Circle
Cambridge, MA 02141
Property
Owner:
Alliance South Coast Properties LLC
c/o Randy Lim, Managing Partner
145 Valley St., #3077
Pasadena, CA 91105