Loading...
HomeMy WebLinkAbout1538 - APPROVE UP_2350 FORD ROADRESOLUTION NO. 1538 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2001 -023 (PA2001 -129) FOR PROPERTY LOCATED AT 2350 FORD ROAD THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DOES HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was duly filed by the applicant, Mrs. Sara Guggenheim - Kummerfeldt with respect to property located at 2350 Ford Road and legally described as Lot 10 of Tract Map 15317, requesting approval of Use Permit No. 2001 -023 seeking approval to construct a 944 square foot addition to an existing preschool to accommodate an additional maximum 20 students and 2 staff members. The property is located within the Bonita Canyon Planned Community (PC -50), Residential Sub -Area 4. Section 2. A public hearing was duly held on September 20, 2001, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at the aforesaid meeting. Section 3. The Planning Commission finds as follows: a) That the proposed development is consistent with the General Plan since a preschool is a permitted incidental use within the Single - Family Attached designation. b) That this project has been reviewed, and a determination has been made that the project is consistent with the approval for the Bonita Canyon Planned Community (PC- 50), and therefore, Environmental Impact Report (EIR) No. 156 prepared and certified for that Planned Community. An initial study was prepared and it concludes that no new potential environmental effects are anticipated as a result of the project. EIR No. 156 and the initial study will serve as the CEQA documentation for the proposed project. C) That the Use Permit for the preschool expansion is consistent with the Annexation and Development Agreement between the City of Newport Beach and the Irvine Company, recorded on June 6, 1999, and that said Agreement provides for child care facilities as an incidental use within Sub -Area 4. d) That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development since no other public easements exist on the site. e) That the granting of the use permit to allow the expansion to the preschool is warranted, would not be detrimental to persons, property or improvements in the Planning Commission Resolution No. 1538 Page 2 of 4 neighborhood and that the use permit as approved would be consistent with the legislative intent of Tide 20 of the Newport Beach Municipal Code and the Bonita Canyon Planned Community for the following reasons: 1) The proposed addition is minor in nature, consisting of addition of a 944 square foot building to accommodate a maximum of 20 new students and 2 staff members. 2) The proposed improvements and use are in full compliance with the Zoning Code and Bonita Canyon Planned Community development standards. 3) The proposed addition is in conformance with the design of the existing preschool structures and generally has a similar appearance of surrounding properties in that it is one -story in height, uses similar building materials, colors and design as surrounding structures. 4) A child care facility /preschool is a permitted incidental use on the site within both the Bonita Canyon Planned Community and the Land Use Element of the General Plan. 5) The proposed number of parking spaces exceeds the City parking standards for child care facilities, and, further, a parking agreement exists with the adjacent church. f) That the approval of the Use Permit will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons: 1) The use is an incidental use which is complementary to surrounding residential and other institutional uses in the vicinity. 2) The nearby residential, open space, church and shopping center uses will not be adversely affected by the proposed preschool expansion since the site is buffered by existing landscaping, sufficient parking is proposed to accommodate the increase in parked cars on the site, and streets and traffic control devices are in place and will accommodate any incremental increase (75 trips per day) in traffic associated with the 20 additional students and 2 new staff members. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2001 -023, subject to the Conditions set forth in Exhibit "A" attached. Planning Commission Resolution No. 1538 Page 3 of 4 Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is call for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF SEPTEMBER, 2001. AYES: McDaniel, Kiser, AgLajanian, Tucker Kranzley, Selich NOES: None ABSENT: Gifford BY:� Larry Tucker, Chairman BYd4 Earl McDaniel, Secretary Planning Commission Resolution No. 1538 Page 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2001-023 1. That development shall be in substantial conformance with the approved site plan, floor plan and elevations dated December 20, 2000 except as noted below. 2. That the applicant shall, within a 30 days of approval of this Use Permit, prepare and submit for plan check to the City Building Department the necessary plans and calculations for the trellis structure and obtain a building permit. That this Use Pen-nit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 4. That all pertinent mitigation measures which are applicable to the site and project as outlined in the Final Mitigation Monitoring Program for EIR No. 156 shall be met. That the parking lot improvements, including parking space striping and dimensions, handicapped parking, aisle widths and turning radii, shall be in accordance with the City standard specifications. 6. That additional trees shall be provided along the southerly property boundary, and shall be of an evergreen variety which will provide effective screening. The tree species, number and spacing shall be to the approval of the Planning Director. That Fair Share Transportation fees shall be provided. The amount, time and method of payment to be to the approval of the City Traffic Engineer. 8. That materials, colors and type of construction on the proposed new addition shall be done in a manner to match the materials, colors and construction of the existing preschool structures. 9. That a fire alarm system and automatic sprinklers shall be provided in the proposed new building if required by the Building and Fire Departments. 10. That at no time shall the maximum number of students on site exceed a total of 140, and the number of staff exceed a total of 18.