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HomeMy WebLinkAbout04-41 - Approving Planning Applications PA-04-08 and ZA-04-07RESOLUTION NO. 04-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATIONS PA -04-08 AND ZA-04-07. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Steve Nevills, representing the property owner, Roman Catholic Bishop of Orange, owner of real property located at 1964 Orange Avenue, requesting approval of a conditional use permit to construct a new 2 - story classroom building and a new, 8,412 square foot gymnasium/multi-purpose building, with a minor conditional use permit to allow 7 temporary modular buildings totaling 6,168 square feet for use by the school during construction, and 10 compact parking spaces, for St. Joachim's Parish; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on May 24, 2004, and Planning Applications PA -04-08 and ZA-04-07 were approved; and WHEREAS, Planning Applications PA -04-08 and ZA-04-07 were appealed to City Council; and WHEREAS, the City Council held a duly noticed public hearing on June 21, 2004. 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 Applications PA -04-08 and ZA-04-07 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 Applications PA -04-08 and ZA-04-07, and upon applicant's compliance with each and all of the conditions contained in Exhibit "B". Should any material change occur in the operation, or should the applicant fail to comply with the conditions of approval, then this resolution, and any recommendation for approval herein contained, shall be deemed null and void. 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 215 day of June, 2004. ATTEST: Depu City Clerk of the City of Costa Mesa 2 Mayor of thl My of Costa Mesa APPROVED AS TO FORM ✓'/�.1 ice; � STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, 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. o4-41 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 2181 day of June, 2004, by the following roll call vote: AYES: Monahan, Mansoor, Cowan, Scheafer NOES: Steel ABSENT: Mone IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 22nd day of June, 2004. Deputy ity Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) with regard to the conditional use permit in that the proposed use, as conditioned, 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, adverse impacts on neighboring properties are not anticipated because the operational conditions approved as part of PA -90-01 have been incorporated into this project to ensure that that the operation will not be disruptive to adjacent uses or properties. Conditions of approval have also been incorporated requiring second floor windows to be designed and placed to minimize visibility into the abutting residential yards. Granting the conditional use permit will not allow a use, density or intensity that 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 proposed use is compatible and harmonious with uses both on-site as well as those on surrounding properties. b. Safety and compatibility of the design of the buildings, parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. c. The proposed use is consistent with the General Plan. d. The planning application is for a project -specific case and does not establish a precedent for future development. e. The cumulative effect of all of the planning applications have been considered. C. The information presented does comply with Costa Mesa Municipal Code Section 13-29(g)(2) with regard to the minor conditional use permit because 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, no adverse impacts to on-site parking and open space reduction as a result of the temporary trailers are anticipated because conditions of approval have been incorporated stating that if parking shortages or other parking -related problems arise, the applicant be required to make whatever operational changes necessary to minimize or eliminate the problem. Additionally, on-site parking and open space will meet or exceed code requirements once the temporary trailers are removed. Code allows compact spaces through a minor conditional use permit and the number proposed does not exceed the maximum allowed under code and the restriping of the existing parking areas will provide a higher number of parking spaces than required by code, thereby reducing parking impacts to the surrounding neighborhood, and provide better circulation than could be provided by full size spaces. Granting the minor conditional use permit would allow a use, density or intensity which is not in accordance with the general plan designation for the property. 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. E. 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 Ping. 1. The conditional use permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more. The 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. 2. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 3. Street addresses shall be displayed on the fascia adjacent to the main entrance or front door in a manner visible from the street. Street address numerals shall be a minimum 6 inches in height with not less than '/z -inch stroke and shall contrast sharply with the background. 4. 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 anyabutting property. If additional fill dirt is needed to provide acceptable on-site stormwater flow to Anaheim Avenue, 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 stormwater 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. 5. The applicant shall contact the Planning Division to arrange Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 6. The conditions of approval for PA -90-01 shall be complied with, including, but not limited to, the following: A. The overflow parking area on the playing field shall be made available for parking purposes during all church services, when the parish hall is being used, or during any activity when parking demand is expected to exceed 170 vehicles. B. The applicants shall inform the parishioners of the overflow parking area and encourage them to park on-site when attending church services or parish hall activities. C. Second story windows facing north (toward residential properties) shall be limited in number and shall be of frosted or opaque material. D. Working drawings shall depict detailed elevations, with colors - and materials indicated. E. The Orange Avenue driveway shall be made available for ingress and egress when the parish hall is used for major functions. F. If complaints are received by the Development Services Department concerning the inability to access the overflow parking area during church services and parish hall functions in combination with street parking problems, this Planning Action will be brought back before the Planning Commission for consideration to asphalt the playing field (overflow parking area). 7. The conditions of approval and ordinance or code provisions of PA -04- O8 and ZA-04-07 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 8. The use shall be conducted, at all times, in a manner to allow the quiet enjoyment of the surrounding neighborhood. The applicant shall institute whatever operational measures are necessary to comply with this requirement. 9. If parking shortages or other parking -related problems arise, the applicant shall institute whatever operational measures are necessary to minimize or eliminate the problem, including, but not limited to, reducing the number of temporary trailers and/or modifying other church -related services. 10. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts shall be permitted. 11. Cornices and other architectural elements shall be wrapped around to the side and rear of building facades. 12. Second floor windows on the north wall of the classroom building shall be designed and placed to minimize visibility into the abutting yards. Every effort shall be made to maintain the privacy of abutting property owners. 13. Demolition permits for 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. If any archaeological objects are encountered during -construction, the contractor shall stop work immediately and notify the City. 15. Show method of screening for all ground -mounted equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). 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. 16. 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. 17. Complaints regarding violation of any operating conditions and restrictions shall be immediately remedied by the applicant. 18. The temporary modular buildings may remain for a period of two years from the date of approval and shall be removed no later than May 26, 2006, or upon completion of the permanent buildings, whichever occurs first. The applicant may request a time extension prior to the expiration date, subject to approval by the Planning Commission. Eng. 19. During construction, maintain the public right of -way in a "wet down" condition to prevent excessive dust and remove any spillage from the oublic right-of-way by sweeping or sprinkling.