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HomeMy WebLinkAboutPC2021-030 - APPROVING CONDITIONAL USE PERMIT NO. UP2021-037 AND RESCINDING USE PERMIT NO. UP2017-008 FOR PACIFICA CHRISTIAN HIGH SCHOOL LOCATED AT 883 W. 15TH STREET AND 1499 MONROVIA AVENUE WITH OFFSITE PARKING LOCATED AT 1515 MONROVIA AVENUE (PA2021-2RESOLUTION NO. PC2021-030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. UP2021-037 AND RESCINDING USE PERMIT NO. UP2017-008 FOR PACIFICA CHRISTIAN HIGH SCHOOL LOCATED AT 883 W. 15TH STREET AND 1499 MONROVIA AVENUE WITH OFFSITE PARKING LOCATED AT 1515 MONROVIA AVENUE (PA2021-221) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Pacifica Christian High School – Orange County (“Applicant”) operates a private high school at 883 West 15th Street (“883 W. 15th St.”) with offsite parking at 1499 Monrovia Avenue (“1499 Monrovia Ave.”), pursuant to Use Permit No. UP2017-008, approved by the Planning Commission on October 5, 2017. PCHS Facilities LLC, owns the property at 1499 Monrovia Ave. The Applicant leases the parking area adjacent to 1499 Monrovia Ave., and the property at 883 W. 15 St., from the City of Newport Beach. 2. The Applicant filed an application with respect to both properties, requesting approval of an amendment to Use Permit No. UP2017-008 to authorize classroom use at both sites, to increase enrollment of the school, and to authorize offsite parking at 1515 Monrovia Avenue for school staff, which is owned by Coast Community College District located at Coastline Community College (“Coastline College”). 3. The Applicant requests an increase in enrollment by 120 students, from 185 to 305, and an increase in staff/administration from 18 to 35 employees. The additional students and staff will be accommodated by utilizing both 1499 Monrovia Ave. and 883 W. 15th St. as classroom sites. Further, 35 parking spaces located at Coastline College would be provided to the expanded school. The total combined parking at all locations would be 137 spaces (“Project”). 4. The property at 883 W. 15th St. has a General Plan land use designation of Public Facilities (PF) as is located within the zoning district 5. The property at 1499 Monrovia Ave. has a General Plan land use designation of Private Institutions (PI). and is located within the zoning district Private Institutions (PI). 6. None of the subject properties are located within the coastal zone. 7. The Planning Commission held a public hearing on November 18, 2021 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) Planning Commission Resolution No. PC2021-030 Page 2 of 12 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this 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, Division 6, 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 Project is limited to the increase in enrollment of an existing high school and the use of an existing office building as a classroom use. There will not be a significant increase in vehicle trips associated with the increase in enrollment. The exceptions to this categorical exemption under Section 15300.2 are not applicable. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits), 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 883 W. 15th St. Property 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 existing school use is similar to the instructional programs and classes that were previously being provided by the City at this facility and it was found consistent with Public Facility (PF) designation in 2014. The use is not changing with the subject application. 2. The 1499 Monrovia Ave. Property is designated (Private Institutions) (PI). This designation is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and compatible facilities. The Project is consistent with PI (Private Institutions) designation as it consists of a private school. Finding: 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. - Planning Commission Resolution No. PC2021-030 Page 3 of 12 Facts in Support of Finding: 1. The 883 W. 15th St. 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). Pacifica Christian High School presently operates pursuant to Use Permit No. UP2017-008 that was approved on October 5, 2017. The use at the property is not changing and it would remain consistent with uses permitted by the Public Facilities (PF) zoning district. 2. The 1499 Monrovia Ave. property is zoned Private Institutions (PI), 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 property presently operates as off-site parking for the school pursuant to Use Permit No. UP2017- 008 that was approved on October 5, 2017. The use at the property would remain consistent with uses permitted by the Private Institutions (PI) zoning district. 3. The use permit establishes required parking for schools. The October 27, 2021, Gibson Transportation Consulting, Inc. parking demand and parking management plan supports the finding that 137 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. 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. Pacifica Christian High School presently operates at the 883 W. 15th St. property 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 October 2021 (“Parking Management Plan”). 2. The 883 W. 15th St. property has a total of 40 parking spaces. The 1499 Monrovia Ave. property has a total of 62 parking spaces. An additional 35 parking spaces are located at 1515 Monrovia Ave., at Coastline College. The 137 total parking spaces located at the three properties will be sufficient to serve the use with the implementation of a parking management plan. The Parking Management Plan has been reviewed and approved by the City Traffic Engineer. It includes assigned parking, a prohibition of on-street parking, and the implementation of drop-off, pick-up and queuing plan, and implementation of a Planning Commission Resolution No. PC2021-030 Page 4 of 12 transportation demand program to reduce number of vehicle trips generated (i.e. carpooling). 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 at 883 W. 15th St. and the building at 1499 Monrovia Ave., currently under construction, are large enough to accommodate the increased enrollment and staff. 2. With the implementation of the Parking Management Plan, Pacifica Christian High School will have adequate on-site and off-site parking for their staff members and students. 3. All student pick-up and drop-off will be done within the school’s parking lots on the 1499 Monrovia Ave. and 883 W. 15th St. properties. Physical access for emergency vehicles will be provided by the existing driveways within the subject properties from 15th St. and Monrovia Ave. 4. The City Traffic Engineer has reviewed and approved the 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. All utilities to the properties 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. 2. The Facts in Support of Findings F, G, H, and I to approve off-site parking set forth below are incorporated herein by reference. Planning Commission Resolution No. PC2021-030 Page 5 of 12 3. Pedestrian traffic will pass by residential uses as students and staff travel between the two school sites. The traffic will generally occur at the beginning and end of each school day and during passing periods. The pedestrian traffic will be subject to school oversight, including an on-duty faculty member overseeing passing periods. 4. The Parking Management Plan shows that the sites will support the expanded enrollment with implementation of the parking management. 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 20.40.100(B) (Off-Site Parking), the following findings and facts in support of such findings are set forth related to off-site parking: Finding: F. 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 at 1515 Monrovia Avenue is approximately an 80-foot walk from the 1499 Monrovia Ave. property and a 500-foot walk from the 883 W. 15th St. property. The off- site parking will be for faculty only, and these distances are convenient for staff to walk. Finding: G. 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 Project. The total combined parking at the three properties would be 137 spaces, which is adequate to accommodate the proposed increase in student enrollment and staff/administration with the implementation of the Parking Management Plan. Finding: H. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. There is a limited number of spaces for faculty use only and its use will not generate a significant number of trips. Planning Commission Resolution No. PC2021-030 Page 6 of 12 2. It will be used only for parking of passenger vehicles. The off-site parking at 1515 Monrovia Avenue will not be used for student drop-off or pick-up. Finding: I. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: A condition of approval is included, requiring a parking agreement to remain in place with Coastline College (1515 Monrovia Avenue) 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 finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2021-037, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. 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. 4. This resolution supersedes Planning Commission Resolution No. 2066 and Use Permit No. UP2017-008, which upon vesting of the rights authorized by this use permit, shall become null and void. Planning Commission Resolution No. PC2021-030 Pa e 7 of 12 PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF NOVEMBER, 2021. A YES: Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand NOES: None ABSTAIN : None ABSENT: Ellmore and Koetting Planning Commission Resolution No. PC2021-030 Page 8 of 12 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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.) 2. Use Permit No. UP2021-037 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), unless an extension is otherwise granted. 3. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. Planning Commission Resolution No. PC2021-030 Page 9 of 12 10. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 (Community Noise Control) 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 and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 11. Should any of the properties 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. 12. 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. 13. 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). 14. 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. 15. 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. 16. 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- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Planning Commission Resolution No. PC2021-030 Page 10 of 12 17. Student enrollment shall not exceed 305 students. 18. Administration/faculty/staff shall not exceed 35 persons. 19. A minimum of one parking space shall be provided for each administration/faculty member at all times. 20. A total combined 137 parking spaces shall be maintained for Pacifica Christian High School to have the enrollment of 305 students and 35 administration/faculty members. 21. Forty (40) parking spaces shall be maintained at the 883 W. 15th Street property and available for Pacifica Christian High School 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. Sixty-two (62) parking spaces shall be maintained at the 1499 Monrovia Avenue parking lot for the use of Pacifica Christian 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 (883 West 15th Street and 1499 Monrovia Avenue). The agreement or covenant shall also guarantee the availability of thirty-five (35) off-street parking spaces for faculty and staff parking at Coastline Community College or other suitable and convenient as determined by the Director of Community Development. 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. UP2021-037, 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. UP2021-037 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. An adequate number of bicycle storage racks shall be provided at the school facility. 25. No outside paging system shall be utilized at the school campus and off-site parking lot. 26. Pacifica Christian High School shall be responsible for the control of noise generated by the subject facility. 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 noise generated by the project exceeds the noise standards established by Chapter 10.26 Planning Commission Resolution No. PC2021-030 Page 11 of 12 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. 27. 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. 28. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 29. 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. UP2021-037 (PA2021-221). 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 30. Plans shall be submitted to the Fire Department and shall be reviewed as an “E” occupancy as a part of plan check. Public Works Department 31. Parking lots located at 1499 Monrovia Avenue and 883 West 15th Street shall comply with City Standard STD-805 and the approved parking layout. 32. Student drop-off and pick-up at both the 1499 Monrovia Avenue and 883 West 15th Street shall comply with the latest Parking analysis and parking management plan. Student drop-off and pick-up shall be prohibited on public streets. 33. Student and staff parking permits shall be assigned to a specific parking space at the school campuses. Planning Commission Resolution No. PC2021-030 Page 12 of 12 34. 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. 35. Students and staff shall be prohibited from parking within the public right-of-way. School staff shall monitor the public streets adjacent to the school and school parking lots at least 30 minutes prior to the start of school and at least 15 minutes after school begins to ensure that students and staff do not park off-site. 36. The applicant shall monitor the drop-off/pick-up queues to ensure that vehicle queues do not impact/impede traffic in the public rights-of-way. 37. School staff shall only be allowed to direct traffic queuing within the school’s parking lots. School staff shall not direct traffic within the public right-of-way. 38. School staff shall monitor students and staff walking between campuses to ensure they are utilizing sidewalks and crosswalks. 39. No traffic control devices (i.e. cones, signage) shall be allowed within the public right-of-way. 40. Deleted 41. 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 NMC Section 20.40.100 (Off-site Parking). 42. If issues/problems arise with the Parking Management Plan (i.e. school drop-off/pick-up, vehicle 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.