HomeMy WebLinkAbout2066 - CUP Pacifica Christian High SchoolRESOLUTION NO. 2066
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2017-008 AND REPEALING USE PERMIT
UP2014-008 FOR PACIFICA CHRISTIAN HIGH SCHOOL
LOCATED AT 883 W. 15rH STREET WITH OFF-SITE PARKNG
LOCATED AT 1499 MONROVIA AVENUE (PA2017-066)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.Pacifica Christian (Applicant or Pacifica) operates a private high school at 883 w: 15th Street
(school site). The Zoning Administrator authorized the school by approving Use Permit UP2014-008 on August 14, 2014, by Resolution ZA2014-031.
2.The Applicant filed an application with respect to the school site requesting approval of an
amendment to Use Permit UP2014-008 to expand enrollment and staff. The application also
requests approval of a conditional use permit for off-site required parking to be located at 1499
Monrovia Avenue (off-site parking site).
3.The Applicant proposes to increase the enrollment by 60 students, from 125 to 185, and an
increase of staff/administration from 15 to 18 employees. The additional students aod staff will
be accommodated within the existing school site. Twenty-five parking spaces located at the
off-site parking site would be provided for the expanded school. The total combined parking
at both locations would be 65 spaces. No academic activities would occur at the off-site
parking site as part of this application.
4.The Applicant leases the school site from the City of Newport Beach and the Applicant owns
the off-site parking site.
5.The school site has a General Plan land use designation of Public Facilities (PF). The zoning
of the school site is consistent with the General Plan land use category and is Public Facilities
(PF).
6.The off-site parking site has a General Plan land use designation of RM (Multi-Unit
Residential, 18DU/AC). The zoning of the off-site parking site is consistent with the General
Plan land use category and is RM (Multi-Unit Residential).
7.Both subject properties are located outside of the coastal zone.
8.A public hearing was held on October 5, 2017, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the 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 hearing.
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Page 2 of 13
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION .
1. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Class 1, Existing Facilities) and Section 15311 (Class 11, Accessory
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment.
2. The Class 1 exemption consists of the operation or minor alteration of existing public and
private structures involving negligible expansion of use. The existing school building can
accommodate the increased enrollment without modification. The off-site parking lot
presently exists and is not presently in use.
3. The Class 11 exemption consists of construction, or replacement of minor structures
accessory to commercial, industrial, or institutional facilities, including small parking lots. The
proposed minor improvements to the existing off-site parking lot consist of modifying existing
parking lot landscape planters and restriping the existing lot to meet current parking lot
dimensional standards.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 20.52.020(F), the following findings and facts in support of
the findings for a use permit are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The school site is designated Public Facility (PF) by the General Plan Land Use Element.
This designation is intended to provide public schools, cultural institutions, government
facilities, community centers, public hospitals, and public facilities. The "private school" land
use was determined consistent with the PF land use category with the Zoning Code was
updated in 2010. The existing school use is similar to the instructional programs and classes
that were being provided by the City at this facility and it was found consistent with PF
designation in 2014. The use is not changing with the subject application.
2. The off-site parking site is designated RM (Multi-Unit Residential, 18 dwelling units per
acre). The residential designation primarily supports multi-family residential development
containing attached or detached dwelling units. The nonconforming office building is
allowed to continue until February 2022, under an approved extension of the abatement
period . The proposed use of the property is limited to off-site parking within the existing
developed parking lots. The "parking facility" land use was also determined consistent with
the RM land use category with the Zoning Code was updated in 2010, and the off-site
parking request is similar .
Finding:
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B. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The school property is zoned Public Facilities (PF), which allows private schools with the
approval of a minor use permit pursuant to NBMC Section 20.26.020 (Special Purpose
Zoning Districts Land Uses and Permit Requirements). The school presently operates
pursuant to Minor Use Permit No. UP2014-008 that was approved on August 14, 2014. The
use is not changing and it would remain consistent with uses permitted by the PF zone.
2. The minor use permit establishes required parking for schools. The August 2017, Kunzman
parking demand and parking management plan supports the finding that 65 total spaces
between the on-site and off-site parking areas is adequate for the requested increase in
enrollment with the implementation of the revised parking management plan .
3. The off-site parking property is zoned Multi -Unit Residential (RM). The existing office
building is a nonconforming use subject to abatement pursuant to NBMC Section 20.38.100
(Abatement Periods). An abatement period extension was approved by a Hearing Officer
on February 1, 2012, authorizing a 10-year extension of the nonconforming office use until
February 1, 2022. Use of the existing parking lot is requested and no academic use of the
building is authorized .
Finding:
C. 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. The school presently operates at the 15th Street lot and is similar to that of the community
center, with instructional classes, administrative offices and a gymnasium. With the
implementation of a parking management plan , the school has proven compatible with
surrounding residential and educational uses taking into account its existing operational
characteristics including the hours, days , and months of operation. The school primarily
operates between 7:30 a.m. and 3:00 p.m. weekdays, August to June. The basic
operational characteristics of the school are not changing and the increased enrollment can
be accommodated with the implementation of a revised parking management plan dated
August 16, 2017.
2. The subject property has a total of forty (40) parking spaces and an additional 25 spaces
located approximately 500 -feet away that will be sufficient to serve the use with the
implementation of a parking management plan. The proposed parking management plan
has been reviewed and approved by the City traffic engineer. It includes assigned parking,
a proh i bition of on-street parking, implementation of drop-off, pick-up and queuing plan.
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Implementation of transportation demand program to reduce number of vehicle trips
generated (i.e . carpooling, school busing, bicycling).
3. Conditions of approval are required to ensure that Pacifica Christian High School will
operate in a functional and compatible manner with the existing uses in the vicinity.
Finding:
D. 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.
Facts in Support of Finding:
1. The existing building is large enough to accommodate the increased enrollment and staff
without any physical modification of the building.
2. With the implementation of the August 2017 parking management plan (revised), the high
school will have adequate parking for their staff members and students with on-site and off-
site parking areas.
3. All student pick-up and drop-off will be done within the school's parking lot on 15th Street.
Physical access for emergency vehicles will be provided by the existing driveways within
the subject property from 15th Street.
4. The City traffic engineer has rev iewed and approved the revised parking management plan
and supports the proposed traffic queuing arrangement of the on-site and off-site parking
lots. With the proposed conditions of approval, no conflicts in traffic circulation or queuing
problems are anticipated and the existing driveways can accommodate vehicle access.
5. The minor modifications to the Monrovia Avenue parking lot will bring it into conformance
with parking lot design standards.
6. All utilities to the school are presently provided and the increased enrollment will not
necessitate expanding services.
Finding:
E. 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. The facts in support of Findings A, B, C and D are incorporated herein by reference.
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2. The facts in support of the required findings to approve off-site parking set forth below are
incorporated herein by reference .
3. The expanded school activities can be physically accommodated within the existing building
without making modifications to the existing building or site and no construction is proposed
or necessary to accommodate the increased school enrollment and staff.
4. Pedestrian traffic will occur between the school and off-site parking sites that will pass by
residential uses. The traffic will generally occur at the beginning and end of each school day
because there will be no instructional activities at the off-site parking site and the school
operates a "closed" campus. The amount of foot traffic is expected to be minimal and the
students and faculty are subject to school oversite
5. The revised parking management plan shows that the sites will support the expanded
enrollment with implementation of the provisions of the plan. The draft resolution includes
conditions to ensure that potential conflicts with the surrounding land uses are minimized to
the greatest extent possible. The operator is required to take reasonable steps to ensure the
operation of the high school will not create a nuisance to the surrounding uses.
In accordance with NBMC Section 20.40.1 OO(B), the following findings and facts in support of
such findings are set forth related to off-site parking :
Finding:
A. The parking facility is located within a convenient distance to the use it is intended to serve.
Fact in Support of Finding:
The off-site parking lot is approximately a 500-foot walk from the school property when
crossing Monrovia Ave. at 15th Street. The parking lot is approximately a 1,200-foot walk to
the school if students use the continuous sidewalk on Monrovia from the lot to the cul-de-
sac at the end of Monrovia back to 15th Street and the school. These distances are
convenient for students and staff to walk.
Finding:
8. On-street parking is not being counted towards meeting parking requirements.
Fact in Support of Finding:
On-street parking along 15th Street and Monrovia Avenue is not being counted towards
meeting requirements for the existing school. The total combined parking at the existing
school and proposed off-site parking lot would be 65 spaces, which is adequate to
accommodate the proposed increase in student enrollment and staff/administration with the
implementation of the revise parking management plan.
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Finding:
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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 existing off-site parking lot will be modified to meet current dimensional standards.
2.There is a limited number of spaces (25) and its use will not generate a significant number
of trips.
3.It will be used only for parking o_f passenger vehicles with a permit system. Spaces will be
assigned to promote parking efficiency and the off-site lot will not be used for student drop
off or pick-up.
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:
The Applicant owns the off-site parking lot and a parking agreement is required to be
recorded to ensure the parking is maintained for the use it is intended to serve.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby approves this resolution and
UP2017-008, 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 Title 20 Planning and Zoning, of the Newport Beach Municipal Code.
3.This resolution supersedes Zoning Administrator Resolution No. ZA2014-031 and repeals
Use Permit 2014-008, which upon vesting of the rights authorized by Use Permit No. 2017-
008, shall become null and void.
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PASSED, APPROVED, AND ADOPTED TH IS 5th DAY OF OCTOBER, 2017.
AYES : Dunlap, Koetting, Kramer , Lowrey, Weigand, Zak
NOES : None
ABSTAIN: None
ABSENT: Kleiman
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Planning Commission Resolution No. 2066
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING
1 . 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.
4 .
5.
6.
7.
8.
9.
2. Use Permit No. UP2017-008 shall expire unless exercised within 24 months from the date
of approval as specified in NBMC Section 20.54.060, unless an extension is otherwise
granted.
The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
The Applicant shall comply with all federal, state, and local laws. Violation of any of
those laws in connection with the use may be cause for revocation of this Use Permit.
This Use Permit may be modified or revoked by the Planning Commission or City Council
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.
Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing of
a new Use Permit.
A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
Prior to the use of the off-site parking lot at 1499 Monrovia A venue, Pacifica shall submit
a landscape and irrigation plan prepared by a licensed landscape architect for the off-
site parking lot. These plans shall incorporate drought tolerant plantings and water
efficient irrigation practices, and the plans shall be approved by the Planning Division.
All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
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10. Prior to the issuance of a building permit , the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
11 . All noise generated by the proposed use shall comply with the provisions of NBMC
Chapter 10.26 and other applicable noise control requirements of the Newport Beach
Municipal Code. The maximum noise shall be limited to no more than depicted below
for the specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM Between the hours of
and 10 :00PM 1 O:OOPM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
12. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
13 . All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of
neighboring properties , except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
14. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters
or periodic steam cleaning of the dumpsters , if deemed necessary by the Planning
Division . Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
15. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 :00 p .m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m . on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development , and may require an amendment to this Use
Permit.
16. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
17. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds (open house, back-to-school nights, etc.), include any form of on -
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site media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
18. Student enrollment shall be restricted to 185 students .
19. Administration/faculty shall be restricted to 18 persons.
20. A minimum of one parking space shall be provided for each administration/faculty member
at all times.
21. A total of forty (40) parking spaces shall be maintained at the school property and available
for Pacifica during the regular school hours; twenty-five (25) of those spaces shall be
allocated for the use of City's programs and activities in the gymnasium after the regular
school hours, unless the City discontinues all use and the school shall have exclusive use
of the entire property and all forty (40) parking spaces.
22. A total of twenty-five (25) parking spaces shall be maintained at the 1499 Monrovia Avenue
parking lot for the use of Pacifica High School.
23. A parking agreement or covenant, in a form approved by the City Attorney and the Director,
that guarantees the availability of the required off-site parking at the approved off-site
location shall be recorded with the County Recorder's Office against both properties. The
agreement or covenant shall require the owner or operator of the project to immediately
notify the Director of any change of ownership or use of the property where the required
off-site parking is located, or changes in the use or availability of the required off-site
parking, or of any termination or default of the agreement between the property owners.
Upon notification that the private lease agreement for the required off-site parking has
terminated or the required off-site parking is otherwise unavailable for the use authorized
by Conditional Use Permit No. UP2017-008, the Director shall establish a reasonable
period of time in which one of the following shall occur: 1) Substitute parking is provided
that is acceptable to the Director; or 2) the size or intensity of use authorized by Conditional
Use Permit No. UP2017-008 is reduced in proportion to the parking spaces lost; or 3) the
owner or operator of the project must obtain a parking reduction pursuant to Newport
Beach Municipal Code Section 20.40. 110 rendering the required off-site parking
unnecessary.
24. A total combined 65 parking spaces shall be maintained for Pacifica to have the enrollment
of 185 students and 18 administration/faculty members.
25. An adequate number of bicycle storage racks shall be provided at the school facility.
26. No outside paging system shall be utilized at the school campus and off-site parking lot.
27. Pacifica shall be responsible for the control of noise generated by the subject facility. The
use of outside loudspeakers, a paging system or a sound system shall be included within
this requirement. The noise generated by the proposed use shall comply with the
provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that
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noise generated by the project exceeds the noise standards established by Chapter 10.26
of the Municipal Code, the community development director may require that the applicant
or successor retain a qualified engineer specializing in noise/acoustics to monitor the
sound generated by the use and to develop a set of corrective measures necessary in
order to ensure compliance.
28. The student classroom hours during the school year (August to June) shall be from 7:30
a .m. to 3:00 p.m., Monday through Friday. Board/staff meetings, parent/teacher
conferences, and student extra curriculum (sports, theater, etc.) are permitted before or
after classroom hours as long as adequate on-site parking is provided, except between the
hours of 10:00 p.m. and 7:00 a.m. Office/administrative functions are permitted outside of
the classroom hours and during the summer months.
29. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Sign
Standards) of the Newport Beach Municipal Code.
30. 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, 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 Pacifica Christian High School including, but not limited to, Use Permit No.
UP2017-008 (PA2017-066). 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.
Fire Department Conditions
31. Every room with an occupant load of three hundred (300) or more shall have one (1) of
its exits or exit-access doorways lead directly into a separate means of egress system
that consists of no less than two (2) paths of exit travel which are separated by a smoke
barrier in accordance with Section 710 in such a manner to provide an atmospheric
separation that precludes contamination of both paths of exit travel by the same fire . Not
more than two (2) required exits or exit-access doorways shall enter into the same
means of egress system per California Building Code Section 442.1.2.
32. Fire Sprinklers shall be required as per California Fire Code Section 903.2., for the E
and A-3 occupancies.
33 . A manual and automatic fire alarm system that initiates the occupant notification signal
utilizing an emergency voice/alarm communication system meeting the requirements of
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Section 907 .5.2 .2 and installed in accordance with Section 907.6 shall be installed in
Group E occupancies (school) with an occupant load of fifty (50) or more persons or
containing more than one (1) classroom per California Fire Code Sec. 907.2.3.
34. A fire alarm system shall be required for the A occupancy (gym) as per California Fire
Code Sec. 907.2.1.
35 . Emergency access to the existing office building located at the 1499 Monrovia Avenue
property shall be provided.
Building Division Conditions
36. Prior to issuance of permits at the 1499 Monrovia Avenue property, the Applicant shall
prepare and submit a Water Quality Management Plan (WQMP) for the parking lot
improvements, subject to the approval of the Building Division and Code and Water
Quality Enforcement Division.
37. The existing handicap parking stalls located at the north side of the 1499 Monrovia
A venue property shall be available for use by students, staff and general public.
38 . Obtain a building permit for all proposed improvements and change in uses.
39. For any proposed improvement to the existing facility, accessibility upgrades to the
existing facility shall be required as specified in Section 11 B-202.4 of the 2013 California
Building Code.
40. A new Certificate of Occupancy shall be obtained from the City and posted prior to
occupancy of the school.
Public Works Conditions
41 . Off-site parking lot at 1499 Monrovia Avenue shall be reconfigured to comply with City
Standard STD-805-L-A and STD-805-L-A. All dead-end drive aisles shall have a
dedicated turnaround area and a 5-foot minimum drive aisle extension.
42 . The parking layout at 883 West 15th Street shall comply with City Standard STD-805-L-
A and STD-805-L-B. The parking layout shall be reviewed and approved by the City
traffic engineer.
43 . Student drop-off and pick-up shall be prohibited at the off-site parking lot.
44. Student and staff parking permits shall be assigned to a specific parking space at the
school campus and off-site parking lot.
45. The final parking management plan shall be reviewed and approved by the City traffic
engineer. The requirements of the parking management plan shall be implemented.
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46. Students shall be prohibited from parking within the public right-of-way. School staff shall
monitor the public streets adjacent to the school and off-site parking lot (i.e . Monrovia
Avenue and West 151h Street) at least thirty (30) minutes prior to the start of school and
at least fifteen (15) minutes after school begins to ensure that students do not park off-
site .
47. School staff shall only be allowed to direct traffic queuing within the school's parking lot
and off-site parking lot. School staff shall not direct traffic within the public right-of-way.
48 . No traffic control devices (i .e . cones, signage) shall be allowed within the public right-of-
way.
49. The Applicant shall provide a busing service to and from the high school.
50. The Applicant shall monitor the drop off/pick up queues to ensure that the queues do
not impact/impede traffic in the public right-of-way.
51. If parking demand exceeds capacity or student parking on public streets becomes an
issue , the applicant shall secure additional off-street parking. Any off-street parking
arrangement shall require the approval of a conditional use permit in accordance with
NBMC Section 20.40.100 (Off-Site Parking).
52. If issues/problems arise with the Parking Management Plan (i.e. school drop-off/pick-
up , parking queuing within the public right of way, etc.), the applicant shall modify the
Parking Management Plan to the satisfaction of the City traffic engineer and Community
Development Director. Implementation of the modified Parking Management Plan shall
occur immediately upon approval of the City.
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