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HomeMy WebLinkAbout06-61 - Approving Planning Application PA-06-25RESOLUTION NO. 06-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -06-25. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Frank L. Custer, representing the property owner, Leigh Harrison, owner of real property located at 300 and 301 Magnolia Street, requesting approval of a modification to previously approved Master Plan PA -00-56 for hours of operation for a church preschool; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 26, 2006, and PA -06-25 was approved; and WHEREAS, on July 3, 2006, Planning Commission's approval of PA -06-25 was appealed to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on August 1, 2006. 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 -06-25 for 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 -06-25 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. PASSED AND ADOPTED this 1st day of August, 2006. ATTEST: Jul' Folcik, City Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: -4-� lam' Ki berly all 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 foregoing Resolution No. 06-61 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15t day of August, 2006, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, MONAHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2 n day of August, 2006. JUM FOLCIK, CITY CLERK (SEAL) The foregoing is the original of Resolution No. 06-61 duly passed and adopted by the Costa Mesa City Council at the regular meeting held August 1, 2006. JU CIK, CITY CLERK (SEAL) EXHIBIT "A" a]III]I\fcs� A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(5) in that the proposed master plan amendment meets the broader goals of the General Plan, and the Zoning Code by integration of uses and protection of the integrity of neighboring development. Specifically, all applicable conditions of approval for Master Plan PA -00-56, including maximum enrollment (60 students), pick up and drop off of students (to be done at the church parking lot), crossing the street at approved locations, etc., would remain unchanged. Additionally, the church preschool will have limited hours of operation, a specialized curriculum, and a schedule that will coincide with the local school district. There have been no recent complaints of code enforcement violations associated with the church. B. The request complies with Costa Mesa Municipal Code Section 13-29 (e) because: a. The church preschool 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 church preschool use is consistent with the General Plan. 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. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. A weekday, early childhood development center, hereinafter referred to as "the church preschool", shall be permitted under the following operating parameters: A. Students for the church preschool shall be limited to the following hours Monday through Friday: • For the morning sessions, students shall not be permitted to arrive earlier than 8:30 AM and shall be dismissed no later than 11:30 AM. • For the afternoon sessions, students shall not be permitted to arrive earlier than 12:30 PM and shall be dismissed no later than 3:30 PM. B. A maximum enrollment of 60 children shall be permitted for the church preschool morning sessions, and a maximum of 30 children shall be permitted for the church preschool afternoon sessions. C. The operators shall provide proof that they have received the necessary State licensing to operate the church preschool prior to commencement of the preschool. E. The preschool schedule shall coincide with the Newport -Mesa Unified School District's operating calendar, i.e., from September to June. F. All drop-off and pick-up shall be located on the church parking lot at 301 Magnolia Street, per the plan submitted by the applicant. Both options may be used, if only one is used, Option A (Magnolia Street parking area) shall be used. G. Students shall not be permitted to cross the street except at a crosswalk, under the supervision of teachers or adult staff. H. Parents shall park in the church parking lot at 301 Magnolia Street if for any reason a child needs to be picked up before the end of the session. I. All cars shall park in approved and striped parking spaces prior to dropping off or picking up students. J. The applicant is hereby notified that the Planning Commission will review the operation of the church preschool in 6 months to determine if the conditions of approval are being complied with. 2. A parking and traffic management plan shall be submitted to the Planning Division for review and approval, in conjunction with the Police Department if necessary, to ensure that reasonable steps are taken to address and monitor parking and traffic conditions, including but not limited to, preventing blocking of driveways, groups of people congregating in the street, and other conditions which may impact the flow and safety of traffic on the streets adjacent to the premises. 3. A plan for the use of parking lot barriers shall be submitted to the Planning Division. Approval of that plan shall be under the direction of the Planning Division. 4. Outdoor play activities for the preschool shall be generally consistent with the times described in the Lighthouse Coastal Community Church's General Schedule submitted as part of a letter from Cindy Wickliff, dated February 6, 2001. 5. The church shall make diligent efforts to encourage the congregation to park on-site. Recommended efforts include, but are not limited to, the use of announcements, mailings, and stationing church personnel in the parking lot. 6. A land use restriction, prepared by Planning Staff, shall be recorded holding 300 and 301 Magnolia Street as one for purposes of calculating parking. This land use restriction may not be removed unless the buildings at 300 Magnolia Street are demolished and adequate parking provided independent of the parking lot at 301 Magnolia Street. 7. The various uses shall be managed so their parking needs to not conflict. Any changes to the hours or other substantive changes proposed for the development center/preschool shall require City approval. 8. All organized outdoor activities other than the outdoor play activities for the preschool, referenced in condition of approval of number 4 of this application, shall require prior approval of a separate minor conditional use permit. 9. One, 24" box canopy tree shall be planted at 300 Magnolia Street in the front setback along Santa Ana Avenue. Type and location of trees shall receive approval by the Planning Division prior to planting. 10. Landscaping shall be installed and parking lot restriped consistent with the plans approved April 2, 2001. 11. Trash enclosures shall be required for any bins. Design of the trash enclosure shall conform with City standards. 12. Deleted. 13. The planning application and modifications to the master plan 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 planning application 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. 14. Approval of this master plan as amended supersedes all previous master plans and conditional use permits approved for these sites. 15. The applicant shall insure the Magnolia Street eastern driveway and the Santa Ana/E. 18" Street driveways are made available for parking ingress and egress purposes. 16. 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, modifying church -related services. 17. The applicant shall make the Santa Ana/E. 18" Street parking lot available for overflow parking purposes when any activity demand exceeds the capacity of the Magnolia Street parking lot. 18. The preschool shall not use the Magnolia Street parking lot as a playground. 19. No activities (except parking) may be conducted in the Magnolia Street parking lot after 11:00 PM and before 7:00 AM daily. 20. The preschool parent handbook shall contain a description of the drop-off and pick-up restrictions contained in the conditions of approval as well as a detailed map indicating traffic circulation for the facility. 21. The applicant shall not use the premises for overnight lodging purposes. 22. The applicant shall insure a responsible staff member is available during activities on the site to insure compliance with conditions of approval 23. The area previously occupied by the modular buildings shall be used for parking purposes only. 24. No overnight or long term parking shall be permitted in the parking lot next to residents' homes. 25. The parking lot gates shall be closed during hours of non -operation to prevent unauthorized use of the parking lot and cut -through traffic between Magnolia and E. 18" Street.