HomeMy WebLinkAbout15-46 - Outdoor Farmers Market at 183 E. Bay StreetRESOLUTION NO. 15-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, REVERSING THE PLANNING COMMISSION'S APPROVAL OF
PLANNING APPLICATION PA -14-41 FOR ESTABLISHMENT OF AN OUTDOOR
FARMERS MARKET AT 183 E. BAY STREET (ST. JOHN THE DIVINE EPISCOPAL
CHURCH)
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by The Reverend Paul DeVaul, Rector,
representing the Bishop the Episcopal Church of Los Angeles for the Saint John the Divine
Episcopal Church located at 183 E. Bay Street, requesting approval of the following: A
Conditional Use Permit for the operation of a farmers market at an existing church (St.
John the Divine Episcopal Church) from 9:00 a.m. to 3:00 p.m. on Saturday mornings.
The parking lot area would be reconfigured and enlarged into the front lawn area, which
is approximately 17,000 square feet, to add 34 more parking spaces. On farmers market
days, a maximum of 15 vendor stalls would be located in the new parking area;
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on June 8, 2015, with all persons provided an opportunity to speak for and against the
proposed project;
WHEREAS, the Planning Commission, based on the evidence and testimony
presented during the hearing, voted to approve the project by a 3-1-1 vote (Ayes: Chair
Dickson, Vice -Chair Mathews, Commissioner, McCarthy; Nay: CommissionerAndranian;
Recused: Commissioner Sesler);
WHEREAS, on June 12, 2015, an appeal of the decision of the Planning
Commission's approval of the project was filed by Carrie Renfro;
Resolution No. 15-46 Page 1 of 4
WHEREAS, a duly noticed public hearing was held by the City Council on August
4, 2015 with all persons having the opportunity to speak for and against the proposal.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
FINDS AND RESOLVES AS FOLLOWS:
BE IT RESOLVED, therefore, that based on the evidence in the record and the
findings contained in this resolution, the City Council hereby reverses the approval of the
Planning Commission and DENIES PA -14-41 with respect to the property described
above.
The City Clerk shall attest to the adoption of this resolution and shall forward a
copy to the applicant, and any person requesting the same.
PASSED AND ADOPTED this 5th day of August, 2015.
I &
Stephen. nsinger, Mayor
ATTEST:
- co - ..Q,�
Brenda Green, tity Clerk
1
APPROVED AS TO FORM:
—Z ilt
Thoma's' Duart , City Attorney
Resolution No. 15-46 Page 2 of 4
Fj
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 15-46 and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 5th day of August, 2015 (August 4, 2015 meeting continued past midnight), by a
unanimous 5-0 vote, to reverse the approval of the Planning Commission and DENIES
PA -14-41 with respect to the property described above, by the following roll call vote:
AYES:
COUNCIL MEMBERS:
Foley,
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
Genis, Monahan, Righeimer, Mensinger
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 5th day of August, 2015.
Brenda Green, Cif
(SEAL)
Note: the Regular City Council Meeting of August 4, 2015 continued past midnight.
Ordinance No. 15-08 was approved on August 5, 2015 at 1:34 a.m.
MOTION: To continue the meeting past midnight.
MOVED/SECOND: Council Member Foley/Council Member Genis
The motion carried by the following roll call vote:
Ayes: Council Member Foley, Council Member Genis, Council Member
Monahan, and Mayor Mensinger
Nays: Mayor Pro Tem Righeimer
Absent: None
Motion carried: 4-1-0
Resolution No. 15-46 Page 3 of 4
1
FINDINGS (DENIAL) EXHIBIT A
A. The requested conditional use permit does not comply with Costa Mesa Municipal
Code Section 13-29(g)(2) because:
Finding: The proposed development is not compatible with developments in the same
general area and would be materially detrimental to other properties within the area.
Facts in Support of Finding: The farmers market would introduce a
commercial -type use within this low -scale residential area. The proposed
use is not compatible with the single-family homes in the surroundings and
would incur traffic and parking impacts to the neighbors.
Finding: Granting the conditional use permit will be materially detrimental to the
health, safety and general welfare of the public or otherwise injurious to property or
improvements within the immediate neighborhood.
Facts in Support of Finding: The farmers market would be detrimental to
the properties in the immediate vicinity because the vendor operations would
result in additional noise and traffic congestion.
Finding: Granting the conditional use permit will allow a use, density or intensity which
is not in accordance with the general plan designation for the property.
B. The Costa Mesa City Council has denied Planning Application PA -14-41. Pursuant
to Public Resources Code Section 21080(b) (5) and CEQA Guidelines Section
15270(a) CEQA does not apply to this project because it has been rejected and will
not be carried out.
C. The project is exempt from Chapter IX, Article 11, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
Resolution No. 15-46 Page 4 of 4