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HomeMy WebLinkAbout2037 - CONVERT INDUSTRIAL TO CHURCH ASSEMBLY - 866 16th St W RESOLUTION NO. 2037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING USE PERMIT NO. UP2016-039 FOR A CHURCH ASSEMBLY USE AND RELATED OFFICES WITH OFF-SITE PARKING LOCATED AT 866 W. 16TH STREET (PA2016-144) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Land Works Development on behalf of Michael and Kathleen Voorhees with respect to property located at 866 W. 16th Street, and legally described as Parcel 1: the easterly 176 feet of the southerly 165 feet of Lot 912 of Newport Mesa Tract; and Parcel 2: an easement for ingress, egress and driveway purposes to be used in common with others over the westerly 8 feet of the easterly 184 feet of the southerly 165 feet of Lot 912 of Newport Mesa Tract, both in the City of Newport Beach, County of Orange, as per map recorded in book 5 page 1 of Miscellaneous Maps, in the County Recorder of Said County requesting approval of a Conditional Use Permit. 2. The applicant proposes assembly use for a church at 866 W. 16th Street. The request also includes the approval of a parking management plan and an off-site parking agreement. The off-site parking would be located at 1701 Placentia Avenue in Costa Mesa. 3. The subject property is located within the Industrial (IG) Zoning District and the General Plan Land Use Element category is Industrial (IG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 17, 2016 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 2. The church use would occupy an existing tenant space in an existing building with no or negligible expansion of use. Planning Commission Resolution No. 2037 Page 2 of 10 SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Sections 20.40.100(A) and (B), a conditional use permit is required for any portion of required parking that is not located on the same site it is intended to serve. The following findings and facts in support of such findings are set forth below: Finding A. The parking facility is located within a convenient distance to the use it is intended to serve. Fact in Support of Finding 1. The off-site parking spaces will be located on a property located a little less than a ''/2 mile north of the subject property in Costa Mesa. However, a shuttle service is provided in the Parking Management Plan. The shuttle service will provide three trips before and after the services on Sundays and Holidays to the off-site lot. The Parking Management Plan also includes parking attendants at the on-site and off-site parking lots to help with the circulation and the loading and unloading of shuttle passengers. The Parking Management Plan with these operations in place ensure the convenience of the off-site parking. Finding B. On-street parking is not being counted towards meeting parking requirements; Fact in Support of Finding 1. None of the spaces counted to provide the minimum required parking for the church assembly use are on-street. Finding C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; Facts in Support of Finding 1. The off-site parking is on an industrial site that is closed on Sundays and Holidays and pursuant to the Access and Parking Agreement a minimum of 75 parking spaces will be provided within the large parking lot area. As provided in the Parking Management Plan parking attendants will be provided to assist in directing the shuttles and vehicles at the church site and at the off-site parking lot. The draft Parking Management Plan has been reviewed by the City Traffic Engineer. Planning Commission Resolution No. 2037 Page 3 of 10 2. The final Parking Management Plan including the shuttle service for the off-site parking requires approval by the City Traffic Engineer prior to permit issuance for the tenant improvements and commencement of the church use of the property. Any future changes will require additional review and approval by the City Traffic Engineer. Finding D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve; Facts in Support of Finding 1. The Access and Parking Agreement between the subject property and 1701 Placentia Avenue is required by a condition of approval to be recorded with the County Recorder's Office. This Agreement allows the church to access and use 75 spaces at the off-site lot on Sundays and on Holidays. 2. A condition of approval requires that the applicant notify the City of any changes to the off-site parking lot such as redevelopment or a change of use of the site, or a termination or default of the existing Access and Parking Agreement. Upon such notification, the Community Development Director can determine if an alternative location for off-site parking spaces is needed or a reduction of the church use in proportion to the parking spaces lost is required. Pursuant to NBMC Section 20.24.020(C), the Planning Commission may approve or conditionally approve a Conditional Use Permit for assembly/meeting facilities such as the church. Additionally, pursuant to NBMC Section 20.40.100(B) the Planning Commission may approve or conditionally approve a conditional use permit for the off-site parking request. Both may be approved by the Planning Commission only after first finding all of the following per Section 20.52.020(F) (Conditional Use Permits): Finding E. The use is consistent with the General Plan and any applicable specific plan; Fact in Support of Finding The property is designated with a General Plan land use of Industrial (IG) which is intended to provide for a wide range of moderate to low intensity industrial uses and limited commercial and office uses. The proposed church assembly use and related offices is consistent with the intent and goals of this designation. Finding F. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Planning Commission Resolution No. 2037 Page 4 of 10 Facts in Support of Finding 1 . The property has a Zoning designation of Industrial (IG) which is intended to provide areas appropriate for a wide range of industrial uses with limited accessory commercial and office uses. The proposed church assembly use and related offices is consistent with the intent of this designation. 2. With the exception of the required off-street parking, the building complies with the floor area ratio (FAR), height, setbacks and other standards of the Zoning Code. 3. The interior of the church tenant space will be improved to meet Building Code requirements for assembly and office uses, as required by conditions of approval. Finding G. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding 1. West 16th Street and the surrounding neighborhood consist of light industrial and manufacturing as well as general office uses. Most of the businesses are open during regular business hours during the week and some on Saturday. On Sunday, during the peak use of the church site, most if not all of the surrounding businesses are closed. 2. The proposed vehicle circulation on-site and the draft Parking Management Plan has been reviewed by the City Traffic Engineer. The final Parking Management Plan including the shuttle service and the final site plan is conditioned to require final approval by the City Traffic Engineer and the Community Development Director. 3. The access to the on-site parking has been determined to be adequate for the weekly and Saturday church bible study and office uses. 4. The off-site parking with the shuttle service has been determined to be adequate for the church use on Sundays and Holidays and is compatible with the other lots in the area. Finding H. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Planning Commission Resolution No. 2037 Page 5 of 10 Facts in Support of Finding 1. The on-site parking lot has been reviewed for adequate access and circulation for use by employees of the church, the second building tenant (Starch Creative Inc.), church patrons and access by emergency vehicles. 2. Aisle widths and parking sizes have been reviewed for proper circulation by the City Traffic Engineer and a final review and approval of the Parking Management Plan and site plan is required prior to implementation of this Use Permit and permit issuance for the church use. 3. Conditions of approval have been included with this resolution to ensure fire services and utilities are protected in place. Finding 1. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1 . A condition is in place that requires the final Parking Management plan including the shuttle service, circulation, and travel routes between the sites be approved by the City Traffic Engineer. 2. The site is within a light industrial, general business office area so during the peak use of the church which is on Sundays and Holidays, most of the surrounding businesses are closed for operation. This leaves ample street-parking and diminishes any impact to the surrounding neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2016-039, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. Planning Commission Resolution No. 2037 Page 6 of 10 PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF NOVEMBER, 2016. AYES: Dunlap, Hillgren, Lawler, Koetting, Kramer and Weigand NOES: None ABSTAIN: None ABSENT: Zak BY: 2KoKra er Chairman BY: eter Zak Secret f? Planning Commission Resolution No. 2037 Pacie7of10 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The development shall be in substantial conformance with the approved site plan stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval). 3. This Conditional Use Permit may be modified or revoked by the City Council or the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. Prior to implementation of Use Permit No. UP2016-039 and the issuance of permits for the church use, an amendment to the ingress and egress easement with the adjacent property at 868 W. 16th Street shall be recorded to provide the minimum 24-foot drive isle for the proposed parking along the westerly side of the building. The final site plan showing the amended easement shall be reviewed and approved by the City Traffic Engineer. 5. The larger assembly area shall only be utilized on Sundays, Christmas Eve, Christmas and Good Friday when the off-site parking is available. The assembly area shall have the maximum number of seats that the off-site parking will allow at 1 space per 3 seats and meet the occupancy requirements of the Building and Fire Code provided in the Building and Fire conditions below. 6. The bible study group sizes shall be limited to the following: a maximum of 32 people for Tuesday through Friday evenings; a maximum 32 people for Wednesday mornings; and a maximum 32 people for Saturday mornings. 7. Prior to the issuance of building permits, the owner shall remove all accessory structures except for one 22-foot by 32-foot storage container in the north west corner of the lot. The subject storage container shall occupy no more than three parking spaces. 8. A minimum of 11 parking spaces including one handicap accessible stall shall be provided along the westerly side of the building clear of all obstructions and accessible for parking at all times. A minimum of nine (9) parking spaces and a designated turn around area shall be provided along the rear of the property, clear of all obstructions and accessible for parking at all times. Planning Commission Resolution No. 2037 Page 8 of 10 9. The applicant is required to obtain all applicable permits from the City Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 10.The Community Development Director shall be immediately notified of any change of ownership, use or access to the property where the off-site spaces are located (1701 Placentia Avenue), or of any termination or default of the existing Access and Parking Agreement between the parties. 11.The Access and Parking Agreement between the subject property and 1701 Placentia Avenue shall be reviewed and approved the City Attorney and recorded at the County of Orange. 12.The final Parking Management Plan including the shuttle service shall be reviewed and approved by the Community Development Director and the City Traffic Engineer prior to implementation of Use Permit No. UP2016-038 and issuance of building permits for the church. Modifications to the Parking Management Plan may be necessary as parking issues occur and may include the requirement of additional shuttle services. 13.The final Parking Management Plan including the shuttle service and parking attendants shall be fully implemented per the specific requirements within the Plan at all times. 14. Upon notification that the agreement for the required off-site parking has terminated or access to those spaces is no longer available, the Director shall establish a reasonable time in which one of the following shall occur: a. Substitute parking is provided that is acceptable to the Community Development Director; or b. The size or capacity of church assembly use is reduced in proportion to the parking spaces lost. 15.The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 16. Use Permit No. UP2016-039 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.60 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 17.Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 18.To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, Planning Commission Resolution No. 2037 Page 9 of 10 actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the (Viewpoint Church Use Permit) project including, but not limited to, (Use Permit No. 2016-039) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 19.The church shall include the City of Costa Mesa as an additionally insured in its insurance policy which is relevant to use of the off-site parking area located at 1701 Placentia Avenue, Costa Mesa. 20. New signs or changes to existing signs shall comply with sign regulations required in Zoning Code Section 20.42 (Sign Standards), as well as City Standard 110-L to ensure adequate site distance. PUBLIC WORKS/UTIILITIES 21.The on-site parking layout shall comply with City Standard STD-805-L-A and STD-805-L- B. 22.All improvements shall be constructed as required by Ordinance and the Public Works Department. 23.West 16th Street is on the City's Street-cut moratorium list. Trenching/damage to said street will require extensive street repair. Public Works will provide repair requirements. 24.The proposed project shall be designed to comply with the City sight distance standard STD-110-L. BUILDING 25.The assembly area shall be less than 750 square feet and must be the gross area of the assembly area not just the area of the seating per Section 303.1.2.2 CBC. Provide a minimum 42-inch aisle as part of the area calculation. 26. Provide and construct a full height wall to ensure the occupant load is limited and controlled. 27. Each row shall provide a minimum 12-inch clear space in front of the seats. Planning Commission Resolution No. 2037 Page 10 of 10 28.The seating calculation must be included with an occupant load sign posted. 29. Illuminated exit signs are required over the required exit doors. 30.A code modification request shall be filed prior to issuance of permits by the church for the B Occupancy with an occupant load exceeding 50. 31.The raised platform will need to comply with accessibility. 32.The plans must demonstrate compliance with Section 11 B 202 CBC. FIRE 33.Consistent with the Building Code requirements, the assembly area shall be less than 750 square feet and shall be separated from other uses of the occupancy by a full height wall. 34.The door widths shall accommodate occupant loads per the California Fire Code (CFC) Section 1008.1.1. 35. Doors shall swing in the direction of egress travel where serving a room or areas contain an occupant load of 50 or more persons per CFC Section 1008.1.2. 36. Doors serving an area with an occupant load of 50 or more shall not be provided with a latch or lock unless it is panic hardware per CFC Section 100.1.10. 37. Exit signs shall be illuminated at all times and have not less than 90 minutes of emergency power from storage batteries, unit equipment or an on-site generator. CFC Section 1001.6.3.