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HomeMy WebLinkAbout02-21 - Approving Planning Application PA-01-44RESOLUTION NO. 02-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -01-44. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Dan Steward of Calvary Church Newport Mesa, with respect to the real property located at 2115 Newport Boulevard, requesting approval of a minor conditional use permit to allow a temporary facility (tent) for no more than 5 years with a variance to allow a 36 - foot high tent in the C2 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on February 25, 2002; and; WHEREAS, on February 25, 2002, Planning Commission denied Planning Application PA -01-44; and WHEREAS, Planning Application PA -01-44 was appealed to City Council on February 28, 2002; and WHEREAS, the City Council held a duly noticed public hearing on April 1, 2002; WHEREAS, notwithstanding that the application requested that the temporary facility be allowed for a maximum of 5 years, the City Council hereby approves the request for an initial 2 % years as more specifically set forth in condition of approval No. 1 in Exhibit "B". 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 Application PA -01-44 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 Planning Application PA -01-44, and upon applicant's compliance with each and all of the 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 15` day of April, 200 Mayor of the City of Costa Mesa ATTEST: Deputy i y Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM CITY A RNEY 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. 02-21 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 1't day of April, 2002. IN WITNESS WHEREOF, I have hereunto set my hand'and affixed the Seal of the City of Costa Mesa this 2"d day of April, 2002. Deputy City lerk and ex -officio Clerk of the City Co ncil of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. PA -01-44 A. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(2) in that the proposed temporary tent 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. B. The project, as conditioned, is consistent with Chapter IX, Article 1 1, Transportation System Management, of Title 13, of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. 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. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -01-44 Ping. 1 . Approval of the zoning action is valid for two and one-half (2-1/2) years and will expire at the end of that period unless the applicant applies for and is granted an extension of time. An additional two and one-half (2- 1/2) years extension, for a maximum total of five (5) years, may be granted if the Church submits proof that they have made sufficient progress, including the sale of the Orange Avenue/23d Street property and entry into the redesign phase of the auditorium, towards the construction of the new sanctuary. 2. Applicant is reminded that all applicable conditions of PA -99-07/08 still apply. 3. Prior to expiration of the subject permit, or prior to release of the certificate of occupancy for the new sanctuary, the tent and all related support materials as well as the temporary modular building shall be removed. 4. Prior to issuance of the certificate of occupancy for the temporary structure, the applicant shall conduct and submit a sound study showing that amplified music shall not exceed limits of the City of Costa Mesa noise ordinance, with maintenance of existing ambient noise levels if possible, at the property line. The sound system shall be installed with the direction of a sound engineering service to assure compliance with the condition of approval. This condition shall be completed under the direction of the Development Services Department.