HomeMy WebLinkAbout16-13 - Approving ZA 15-38 -RESOLUTION NO, 16-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, REVERSING THE PLANNING COMMISSION'S DECISION AND
APPROVING ZONING APPLICATION ZA-15-38, FOR A MINOR CONDITIONAL USE
PERMIT FOR A DEVIATION FROM SHARED PARKING REQUIREMENTS DUE TO
OFF -SET HOURS OF OPERATION FOR A RELIGIOUS EDUCATION AND
CULTURAL ASSEMBLY USE AT 3184 AIRWAY AVENUE, SUITE J
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed Salim Rahemtulla, authorized agent for
Randy Shafer, the property owner, requesting approval of the following:
Zoning Application ZA-15-38, which was approved by the Zoning Administrator
on December 10, 2015, a minor conditional use permit for a deviation from
shared parking requirements due to off -set hours of operation for a religious
education and cultural assembly use:
• Monday through Sunday 4:00 a.m. — 6:00 a.m. and 7:00 p.m. — 9:30 p.m.
• Saturday 10:00 a.m. — 2:00 p.m.
• Sunday 10:00 a.m. — 2:00 p.m. (10 times per year).
The request was approved by the Zoning Administrator on December 10, 2015, and
called up for review by the Planning Commission on December 11, 2015.
WHEREAS, a duly noticed public hearing held by the Planning Commission on
February 8, 2016 with all persons having the opportunity to speak for and against the
proposal; and
WHEREAS, the Planning Commission reversed the Zoning Administrator's
approval and denied, without prejudice, ZA-15-38 on a 3-2 vote; and
WHEREAS, an appeal of the Planning Commission's denial was filed by the
applicant on February 16, 2016; and
Resolution No. 16-13 Page 1 of 8
WHEREAS, a duly noticed public hearing was held by the City Council on March
15, 2016, with all persons having the opportunity to speak for and against the proposal.
WHEREAS, 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; and
WHEREAS, the CEQA categorical exemption for this project reflects the
independent judgment of the City of Costa Mesa.
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 Zoning Application ZA-15-38.
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 Zoning Application ZA-15-38 and upon the
applicant's compliance with each and every condition in Exhibit B, and compliance with
all applicable federal, state, and local laws. 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
and/or mitigation measures.
BE IT FURTHER RESOLVED that if any section, division, sentence, clause,
phrase or portion of this resolution, or the documents in the record in support of this
resolution, are for any reason held to be invalid or unconstitutional by a decision of any
Resolution No. 16-13 Page 2 of 8
court of competent jurisdiction, such decision shall not affect the validity of the
remaining provisions.
PASSED AND ADOPTED this 15th day of March, 2016.
Stephen *...-Msinger, Mayor
ATTEST:
&Wd'o�- Q ��
Brenda Green, Cit Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED ATO FORM:
Thomas Duarte,/City'Attorney
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. 16-13 and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 15th day of March, 2016, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: Foley, Genis, Monahan
NOES: COUNCIL MEMBERS: Righeimer, Mensinger
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 16th day of March, 2016.
&L{/1JILI- q'I'_ wP
Brenda Green, Cit Clerk
(SEAL)
Resolution No. 16-13 Page 3 of 8
EXHIBIT A
FINDINGS (APPROVAL)
A. The information presented complies with Costa Mesa Municipal Code Section 13-29(g)(2)
in that:
1. The proposed use is compatible and harmonious with developments in the same
general area and would not be materially detrimental to other properties within the area.
The proposed use will have offset hours of operation that will minimize any parking
impacts on surrounding uses. The use is quiet in nature and will not have any noise
impacts on surrounding uses.
2. Granting the minor conditional use permit will not be detrimental to the health, safety
and general welfare of the public or otherwise injurious to property or improvements within
the immediate neighborhood. All activities will take place underroof. The center will be in
operation only during the early morning, evening, and weekends, when most other
businesses in the center are closed.
3. Granting the minor conditional use permit will not allow a use, density or intensity that is
not in accordance with the General Plan designation and any applicable specific plan for
the property. The proposed use does not substantially increase the density or intensity at
the property since no building area will be added; the use will operate outside normal
business hours; and is quiet in nature.
B. The information presented complies with Costa Mesa Municipal Code Section 13-29(e)
in that:
1. There will be a compatible and harmonious relationship between the proposed
building and the site development, and use(s), and the building and site developments,
and uses that exist or have been approved for the general neighborhood. Parking
impacts will be avoided by conditioning the religious education and cultural center to
operate during the early morning, evening, and weekends only.
2. Safety and compatibility of the design of buildings, parking area, landscaping,
luminaries, and other site features which may include functional aspects of the site
development such as automobile and pedestrian circulation have been considered. The
proposed hours of operation are during the early morning, evening, and weekends only
and adequate parking exists for both this use as well as the existing church at 3184
Airway Avenue, Suite A; therefore, no traffic or parking impacts are anticipated.
3. The project complies with performance standards described elsewhere in this Zoning
Code, and is conditioned to operate as described in this staff report.
4. The use is consistent with the General Plan in that a religious and cultural education
center is considered a compatible use in the Industrial Park land use designation.
Resolution No. 16-13 Page 4 of 8
5. This zoning application is for a project -specific case and is not to be construed to be
setting a precedent for future development.
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 under Section 15301, Existing Facilities, of the CEQA Guidelines.
D. The project, as conditioned, is consistent with Chapter XII, Article 3, 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.
Resolution No. 16-13 Page 5 of 8
EXHIBIT B
CONDITIONS OF APPROVAL
Ping. 1.
The use shall be limited to the type of operation described in this staff
report: a religious education and cultural assembly center with the
following hours of operation:
Monday -Sunday: 4:00 a.m. to 6:00 a.m. and 7:00 p.m. to 9:30 p.m.
Saturday: 10:00 a.m. to 2:00 p.m.
Sunday: 10:00 a.m. to 2:00 p.m. (10 times per year)
Any change in the operational characteristics including, but not limited to,
type of service provided or hours of operation will require approval of an
amendment to the minor conditional use permit, subject to Zoning
Administrator approval.
2.
All uses shall be conducted within the tenant space (underroof).
3.
If parking shortages or other parking -related problems arise, the center
operator shall institute appropriate operational measures necessary to
minimize or eliminate the problem, including, but not limited to, modifying
the hours of operation.
4.
The conditions of approval and ordinance or code provisions of zoning
application ZA-15-38 shall be blueprinted on the face of the site plan as
part of the plan check submittal package.
5.
The applicant shall contact the Planning Division to arrange a Planning
inspection of the site prior to the release of /utilities. This inspection is to
confirm that the conditions of approval and code requirements have
been satisfied.
City 6. On-site parking for the use shall not exceed 80 parking spaces.
Council
7. The applicant shall provide a detailed parking management plan to the
Planning Division for review and approval prior to the establishment of
the use.
CODE REQUIREMENTS
The following list of federal, state and local laws applicable to the project has been
compiled by staff for the applicant's reference. Any reference to "City" pertains to the
City of Costa Mesa.
Ping. 1. Approval of the zoning application is valid for one year from the effective
date of this approval and will expire at the end of that period unless
applicant establishes the use by one of the following actions: 1) obtains
building permits for the authorized construction and initiates construction;
and/or 2) obtains a business license and/or legally establishes the
business. If the applicant is unable to establish the use/obtain building
permits within the one-year time period, the applicant may request an
extension of time. The Planning Division must receive a written request
Resolution No. 16-13 Page 6 of 8
for the time extension prior to the expiration of the zoning application.
2. Permits shall be obtained for all signs according to the provisions of the
Costa Mesa Sign Ordinance.
Bldg. 3. Comply with the requirements of the 2013 California Building Code,
2013 California Electrical Code, 2013 California Mechanical Code, and
2013 California Energy Code (or the applicable adopted, California
Building Code, California Electrical Code, California Mechanical Code,
and California Energy Code at the time of plan submittal or permit
issuance) and California Code of Regulations also known as the
California Building Standards Code, as amended by the City of Costa
Mesa. Requirements for accessibility to sites, facilities, buildings, and
elements by individuals with disability shall comply with Chapter 11 B of
the 2013 California Building Code.
4. Requirements for accessibility to sites, facilities, buildings, and elements
by individuals with disability shall comply with chapter 11B of the 2013
California Building Code.
1. Accessibility shall be to and through the front door and to the
commercial space from the public sidewalk.
2. Accessible restrooms/bathrooms in the commercial space.
3. Accessible parking.
4. Accessible entry door, ramps, landings, sidewalks, hallways, strike
edge clearances, and elevation changes.
Additional access requirements may be required as per 2013 California
Building Code.
5. All contractors and subcontractors must have valid business licenses to
do business in the City of Costa Mesa. Final inspections, final occupancy
and utility releases will not be granted until all such licenses have been
obtained.
6. If required, a business license shall be obtained prior to the initiation the
business.
T The applicant shall submit a $2,172 Traffic Impact Fee to the
Transportation Division prior to the effective date of the Minor Conditional
Use Permit. The traffic impact fee is based upon the average daily trip
generation rate of 9.11 net trip ends for the proposed use. The fee is
required to fulfill mitigation of off-site traffic impacts pursuant to the
prevailing schedule of charges adopted by the City Council. The traffic
impact fee is calculated and includes credits for existing uses. NOTE:
The Traffic Impact Fee will be recalculated at the time of issuance of the
Minor Conditional Use Permit based upon any changes in the prevailing
schedule of charges adopted by the City Council and in effect at that time.
Resolution No. 16-13 Page 7 of 8
SPECIAL DISTRICT REQUIREMENTS
The requirements of the following special districts are hereby forwarded to the
applicant:
Sani. 1. It is recommended that the applicant contact the Costa Mesa Sanitary
District at (949) 645-8400 for current district requirements.
CDFA 2. Comply with the requirements of the California Food and Agriculture
(CDFA) to determine if red imported fire ants exist on the property prior to
any soil movement or excavation. Call CDFA at (714) 708-1910 for
information.
AQMD 3. Applicant shall contact the Air Quality Management District (800) 288-7664
for potential additional conditions of development or for additional permits
required by AQMD.
Resolution No. 16-13 Page 8 of 8