HomeMy WebLinkAbout2.0_A1-Harbor Day School Reconstruction_PA2018-183_PC-1_Draft_Resolution Attachment No. PC 1
Draft Resolution for Approval
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RESOLUTION NO. PC2019-017
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING SITE
DEVELOPMENT REVIEW NO. SD2018-004, MINOR USE PERMIT
NO. UP2018-015 AND LIMITED TERM PERMIT NO. XP2019-003
FOR THE RECONSTRUCTION OF HARBOR DAY SCHOOL
LOCATED AT 3443 PACIFIC VIEW DRIVE (PA2018-183)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Harbor Day School ("Applicant"), with respect to property
located at 3443 Pacific View Drive, and legally described as Lot 463, Block 96, of Tract
361 ("Property") requesting approval of Site Development Review, Minor Use Permit and
Limited Term Permit.
2. The Applicant requests a major site development review to allow the development of
Harbor Day School's new campus consisting of approximately 99,607 square feet in gross
building area; and to allow the performing art/gymnasium building to exceed the 32-foot
height limit by up to 9 feet and 6 inches, for an overall height of 41 feet and 6 inches
("Project"). The application also includes a minor use permit to allow the continued
operation of a kindergarten through eighth grade private school; and a limited term permit
to allow Harbor Day School to use a portion of the Big Canyon Reservoir contractor yard
for construction staging purposes. The existing allowed maximum enrollment of 480
students is not proposed to be increased as part of this Project. If approved, this Minor Use
Permit would supersede Use Permit No. UP2013-024.
3. The Property is located within the PI (Private Institutions) Zoning District with a floor area
ratio (FAR) of 0.35 and the General Plan Land Use Element category is PI (Private
Institutions).
4. The Property is not located within the coastal zone.
5. A public hearing was held on June 20, 2019, 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 Ralph M. Brown Act and Newport Beach Municipal Code ("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 15302 under Class 2 (Replacement or Reconstruction) 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.
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2. The Class 2 exemption includes the replacement or reconstruction of existing structures
and facilities where new structures will be located on the same site as the structures
replaced and will have substantially the same purpose and capacity as the structures
replaced, including but not limited to the replacement or reconstruction of existing schools
and hospitals to provide earthquake resistant structures which do not increase the capacity
more than 50 percent.
3. The Project will be located on the same 6.54-acre parcel as the existing school and would
have the same purpose and capacity as the structures to be replaced. The reconstructed
facility will be designed to meet current building and safety codes, including updated
seismic standards. The new 99,607-square-foot facility represents a 47 percent increase
over the current 67,888-square-foot facility. This increase is less than the 50 percent
maximum allowed under the Class 2 exemption.
SECTION 3. REQUIRED FINDINGS.
Major Site Development Review
In accordance with Section 20.52.080(F) (Findings and Decision) of the NBMC, the following
findings and facts in support of such findings are set forth:
Finding:
A. The proposed development is allowed within the subject zoning district.
Facts in Support of Finding:
1. The Property is located within the Private Institutions (PI) Zoning District, which allows
private school facilities, subject to the approval of a minor use permit.
2. The Project consists of 99,607 square feet in size which complies with the maximum
floor area ratio (FAR) allowance of 0.35 or 99,633 square feet.
Finding:
B. The proposed development is in compliance with all of the following applicable criteria:
i. Compliance with this section, the General Plan, this Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or structure;
ii. The efficient arrangement of structures on the site and the harmonious relationship of
the structures to one another and to other adjacent developments; and whether the
relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the
site and adjacent developments and public areas;
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iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
vi. The protection of significant views from public rights)-of-way and compliance with
Section 20.30.100 (Public View Protection).
Facts in Support of Finding:
1. The Private Institutions (PI) 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
comparable facilities. The Project will reconstruct an existing private school, which is
consistent with the PI designation as described in the General Plan Land Use Element.
Furthermore, the Project complies with the maximum floor area ratio (FAR) allowance
of 0.35 or 99,633 square feet.
2. Consistent with Land Use Element Policy LU6.1.2 (Siting of New Development), the
Project consists of the redevelopment of an existing private school that has operated on
the Property since 1971. Surrounding land uses include multi-unit residential, Pacific
View Memorial Park, Big-Canyon Reservoir and single-unit residential across San
Joaquin Hills Road. The new private school campus will comply with all development
standards and updated safety codes, with the exception of a request for a building height
increase. Although the Project includes an increase in floor area, the previously
approved maximum enrollment will not be increased and additional student amenities
will be provided. The existing transportation and utility infrastructure is sufficient to
support the reconstructed facility.
3. Consistent with Land Use Element Policy LU6.1.3 (Architecture and Planning that
Complements Adjoining Uses), the Project is designed to complement adjoining uses.
The Property is located adjacent to the Big Canyon Reservoir, Pacific View Memorial
Park and San Joaquin Hills Road. It is also neighbors an existing multi-family residential
community; however, the design maintains a setback of at least 26 feet to this adjacent
multi-residential use. The school's courtyard area is internal and buffered by the
proposed buildings, which will help to provide sound attenuation. In addition, existing
outdoor playfield and primary outdoor activities will be moved from the current location
adjacent to the residential use and placed on the other side of the Property. A
photometric study of the new outdoor lighting has been provided, demonstrating that
outdoor lighting spillage will essentially be contained onsite. The Project will comply with
all current building and safety standards.
4. The number of buildings on the Property will be consolidated from the existing four
buildings to two buildings with a two-story, 68,369-square-foot building containing
classrooms and administrative uses; and a high-ceilinged 31,238-square-foot building
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containing a performing art/gymnasium. Although there are no required setbacks
identified in the development standards for the Private Institutions (PI) District, the
Project is designed such that the buildings are set back a minimum of 26 feet from the
adjacent multi-residential use. The setback area will be improved with landscaping and
site walls to further buffer the site.
5. The Project will create a modern and updated appearance with building materials and
finishes in earth tones that include smooth-painted plaster, wood-grained Hardie board,
stone veneer and anodized bronze windows and doors. The overall landscaping will be
upgraded, while existing street trees along San Joaquin Hills Road will be preserved.
6. Property access, including the drive aisles, driveways, parking and loading spaces have
all been reviewed by the Public Works Department for adequacy, efficiency, and safety.
The existing 36-space on-site parking lot will be reconfigured and upgraded to provide
66 parking spaces, including three ADA (Americans with Disabilities Act) spaces in
compliance with current accessibility and dimensional requirements. The proposed 66-
space on-site parking lot exceeds the required 36 spaces (one space for each full-time
faculty member), as conditioned in the existing use permit. Additionally, the Applicant
proposes to maintain an existing long-term lease agreement with the City to utilize the
approximately 78-space Big Canyon Reservoir parking lot across Pacific View Drive for
school drop-off, pick-up and special event parking.
7. The proposed landscape design incorporates drought-tolerant plantings and water-
efficient irrigation.
Finding:
C. The proposed development is not detrimental to the harmonious and orderly growth of the
City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of person residing or working in the
neighborhood of the proposed development.
Facts in Support of Finding:
1. The Project has been designed to ensure that potential conflicts with surrounding land
uses are minimized to the extent possible to maintain a healthy environment for
surrounding uses by providing an architecturally pleasing Project with articulation and
building modulations to enhance the urban environment.
2. The proposed school campus has been designed to accommodate and provide safe
access for emergency vehicles, delivery trucks, and refuse collections vehicles, as
determined by the City Traffic Engineer. Refuse collection is accommodated via Pacific
View Drive with an adequate turnaround at the end of the cul-de-sac to ensure safe
maneuvering by refuse vehicles. Emergency vehicles will have access throughout the
campus as approved by the City Fire Marshal.
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3. The existing 36-space school parking lot will be reconfigured and upgraded to provide
66 on-site parking spaces, including three ADA-compliant spaces. The Applicant also
proposes to maintain the existing long-term lease agreement with the City to utilize the
Big Canyon Reservoir parking lot across Pacific View Drive for school drop-off, pick-up
and special event parking. Approximately 78 parking spaces are provided in this lot to
supplement the proposed 66 on-site parking spaces.
4. The Project will reconstruct an existing private school that has operated on the site since
1971. Surrounding land uses include multiple-unit residential, Pacific View Memorial
Park, Big-Canyon Reservoir and single-unit residential across San Joaquin Hills Road.
The new construction will comply with all development standards and updated safety
codes. Temporary construction impacts will be mitigated through best available control
measures (BACMs).
5. Conditions of approval are included to help ensure any potential impacts are limited,
including, but not limited to:
a. Conditions of Approval Nos. 11 and 12 require all outdoor lighting to meet the
requirements of the Zoning Code, prohibiting light and glare spillage from the
facility to the adjacent properties.
b. Condition of Approval No.16 limits the hours of construction activity to mitigate
potential impacts to adjacent neighboring properties.
C. Conditions of Approval Nos. 14 and 17 ensure that the use will comply with
Chapter 10.26 of the NBMC (Community Noise Control).
6. The Project would improve an existing use and continue to provide a desirable service
for the City.
Additional Site Development Review Findinqs Required for Height Increase
In addition to the findings outlined above, Section 20.30.060(C)(3) of the NBMC requires the
following specific findings to allow an increase in the height of a structure above the base
height:
Finding:
D. The Project Applicant is providing additional project amenities beyond those that are
otherwise required. Examples of project amenities include, but are not limited to:
i. Additional landscaped open space;
ii. Increased setback and open areas; and
iii. Enhancement and protection of public views.
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Fact in Support of Finding:
1. The Project has been designed to minimize impacts to adjacent land uses through the
strategic location of buildings and primary outdoor areas. The outdoor playfield is
located away from the adjacent multi-residential use. The outdoor quad area is located
on the interior of the Property and buffered by surrounding buildings. Setbacks and
landscape area exceed minimum standards. The updated architectural design
incorporates varied building heights, color and materials to provide visual interest.
Finding:
E. The architectural design of the Project provides visual interest through the use of light and
shadow, recessed planes, vertical elements, and varied roof planes.
Fact in Support of Finding:
1. The proposed contemporary architectural design incorporates varied materials in earth
tone finishes including smooth-painted plaster, wood-grained Hardie board, stone
veneer and anodized bronze windows and doors. Building walls and roof heights are
varied and articulated to provide visual interest, recessed planes, light and shadow.
Finding:
F. The increased height will not result in undesirable or abrupt scale changes or relationships
being created between the proposed structure(s) and existing adjacent developments or
public spaces. Where appropriate, the proposed structure(s) provides a gradual transition
to taller or shorter structures on abutting properties.
Fact in Support of Finding:
1. The requested additional height relates to the function of the building as performing
arts/gymnasium, and the need for high ceilings for this use. The proposed structure
relates well to adjacent proposed structures on the Property and is located away from
structures on adjacent properties. The requested maximum height of 41 feet and 6
inches is the same height as the previously existing gymnasium on the Property.
Finding:
G. The structure will have no more floor area than could have been achieved without the
approval of the height increase.
1. The requested maximum height of 41 feet and 6 inches is the same height as the
previously existing gymnasium on-site. The total gross floor area will be 99,607 square
feet, which is compliant with the maximum allowed floor area ratio (FAR) of 0.35 (99,633
square feet). Approval of the requested height increase does not result in greater floor
area than could otherwise be achieved.
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Minor Use Permit
In accordance with Section 20.52.020(F) of the NBMC, the following findings and facts in
support of such findings for a minor use permit are set forth:
Finding:
H. The use is consistent with the General Plan and any applicable specific plan;
Fact in Support of Findinq:
1. The Project is consistent with the General Plan. See all Facts in Support of Findings B
and C.
Finding:
1. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code;
Fact in Support of Finding:
1. The Project complies with all Zoning Code and NBMC development standards including,
but not imited to, height, floor area, parking, and landscaping. See all Facts in Support
of Findings A and B.
Finding:
J. 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 Project will improve an existing use by demolishing the facility and constructing a
completely new, updated facility in its place. The improvements will modernize and
comprehensively upgrade the general appearance and function of the school facility.
2. The Project complies with the development standards identified in the Private
Institutions (PI) District and has been designed to be compatible with the adjoining land
uses and to operate in a manner consistent with previously established conditions of
approval (UP2013-024). The new campus layout maintains a minimum building setback
of 26 feet, 6 inches from the property line abutting the adjacent residential use and
relocates the outdoor field area to the opposite side of the Property, away from the
adjacent residential use.
3. The maximum allowed enrollment of 480 students is not proposed to be increased.
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Finding:
K. The Property 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
Facts in Support of Finding:
1. The Property is approximately 6.54 acres in area. Primary access to and from the site
will continue to be provided via Pacific View Drive.
2. The Property provides adequate parking and the Applicant proposes to maintain the
existing long-term lease agreement with the City to utilize the parking lot across Pacific
View Drive for school drop-off, pick-up and special event parking.
3. Conditions of approval are included to ensure compliance with all circulation standards,
and the final plans are required to be reviewed and approved by the Public Works
Department.
4. Adequate emergency vehicle access has been incorporated into the Project design.
Conditions of approval are included to help ensure compliance with all emergency
vehicle access requirements and the final plans are required to be approved by the Fire
Department.
5. The Property is developed with an existing similar use. The City currently services the
site with water and sewer via mains that run through an easement on the adjacent
property to the west. The Gas Company and Southern California Edison will continue
to service the site through existing connections. The updated building and landscape
amenities will be designed to incorporate updated green building codes which will
improve efficient and best use of the currently provided utility services.
Finding:
L. Operation of the use at the Property would not be detrimental to the harmonious and orderly
growth of the City, or 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.
Fact in Support of Finding:
1. See all Facts in Support of Finding C.
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Limited Term Permit
In accordance with Section 20.52.040 of the NBMC, the following findings and facts in support
of such findings are set forth:
Finding:
M. The operation of the limited duration use at the location proposed and within the time period
specified 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 requested limited duration use;
Fact in Support of Finding:
1. The limited term permit will allow temporary construction staging at the Big Canyon
Reservoir construction yard ("Temporary Construction Staging Site"), including the
storage of materials and equipment, only to be used during the demolition and
reconstruction of the school campus. The Applicant is required to enter a licensed
agreement with the City prior to building permit issuance.
Finding:
N. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent to
and in the vicinity of the lot;
Facts in Support of Finding:
1. The Temporary Construction Staging Site is approximately 2.14 acres in size and is
adequate area to accommodate the school's temporary storage of construction
materials and equipment. The Temporary Construction Staging Site is located at the
end of Pacific View Drive's cul-de-sac, directly adjacent to the bounded Big Canyon
Reservoir parking lot and has an existing direct driveway approach from Pacific View
Drive. The Applicant is required to enter a licensed agreement with the City prior to the
building permit issuance for the construction of the Project.
2. The Temporary Construction Staging Site is bounded by the reservoir to the north, the
existing off-site school parking facility to the west, Pacific View Memorial Park to the
east, and Pacific View Drive to the south. The temporary storage of construction
materials and equipment will not affect any of the surrounding uses.
3. The Temporary Construction Staging Site has existing fencing that will remain in place
to screen the temporary construction storage area from surrounding properties. The
proposed temporary construction storage will not create additional parking demand but
will rather alleviate further impacts to available school parking since it will be utilized to
store materials and equipment away from the school site.
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4. Existing fencing shall remain between the Temporary Construction Staging Site and the
adjacent uses to screen the temporary construction storage area from surrounding
properties.
Finding:
O. The Temporary Construction Staging Site is adequately served by streets or highways
having sufficient width and improvements to accommodate the kind and quantity of traffic
that the limited duration use would or could reasonably be expected to generate;
Fact in Support of Finding:
1. The Temporary Construction Staging Site has an existing direct driveway approach from
Pacific View Drive. The temporary construction storage will not impede access to the
existing and adjacent uses. There are no traffic issues anticipated with the
implementation of construction management plan.
Finding:
P. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable to
the Zoning Administrator; and
Fact in Support of Finding:
1. The Temporary Construction Staging Site will not create additional parking demand but
will rather alleviate further impacts to available school parking since it will be utilized to
store materials and equipment away from the school site.
Finding:
Q. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The limited term permit for the Temporary Construction Staging Site is conditioned to
comply with all applicable provisions of the General Plan, Municipal Code, and other
City regulations.
2. The Temporary Construction Staging Site is not located within a specific plan area.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Site
Development Review No. SD2018-004, Minor Use Permit No. UP2018-015 and Limited
Term Permit No. XP2019-003, 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 Planning Commission Resolution No. 1940, which upon
vesting of the rights authorized by Development Review No. SD2018-004, Minor Use
Permit No. UP2018-015 and Limited Term Permit No. XP2019-003, shall become null
and void.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JUNE, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Peter Zak, Chairman
BY:
Lee Lowrey, Secretary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING DIVISION
1. The development shall be in substantial conformance with the site plan, floor plans and
building elevations stamped and dated with the date of this approval, except as modified
by applicable conditions of approval.
2. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. Harbor Day School 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
approval.
4. The time limit for exercise of the approvals set forth herein under Section 20.54.060(A) of
the Newport Beach Municipal Code (NEMC) shall be sixty (60) months. Extensions of the
time limit as may be granted pursuant to the procedure described in Section 20.54.060(8)
of the NBMC.
5. This Site Development Review, Minor Use Permit and Limited Term Permit may be
modified or revoked by 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.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to the Site Development Review, Minor
Use Permit and/or Limited Term Permit or the processing of a new Site Development
Review, Minor Use Permit and/or Limited Term 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. Prior to the issuance of a building permit, Harbor Day School shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the Site
Development Review, Minor Use Permit and Limited Term Permit file. The plans shall
be identical to those approved by all City departments for building permit issuance. The
approved copy shall include architectural sheets only and shall be reduced in size to 11
inches by 17 inches. The plans shall accurately depict the elements approved by this
Site Development Review, Minor Use Permit and Limited Term Permit, and shall
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highlight the approved elements such that they are readily discernible from other
elements of the plans.
9. Prior to the issuance of a building permit, the Applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought-tolerant plantings and water-efficient irrigation practices, and the plans shall be
approved by the Planning Division.
10. 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.
11. The Property shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in the
opinion of the Director of Community Development, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources.
The Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated.
12. Prior to the issuance of a building permit, Applicant shall prepare photometric study in
conjunction with a final lighting plan for approval by the Planning Division. The survey
shall show that lighting values are "1" or less at all property lines.
13. Prior to the issuance of a building permit, Applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
14. All noise generated by the proposed use shall comply with the provisions of 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 10:00PM and 7:OOAM
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
15. 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.
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16. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are
not allowed on Sundays or Holidays.
17. Applicant shall be responsible for the control of noise generated by the subject facility. The
use of outside loudspeakers, paging system or 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 NBMC. Upon evidence that noise generated by the Project exceeds
the noise standards established by Chapter 10.26 of the NBMC, the Community
Development Director may require the Applicant or successorto 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.
18. 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.
19. 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).
20. Storage outside of the buildings visible from the front or the rear of the property shall be
prohibited, with the exception of the required trash container enclosures.
21. 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, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
22. The number of students enrolled at the school shall not exceed 480 students at any time.
23. One parking space for each full-time faculty member shall be provided on-site.
24. The use of the off-site parking lot shall be consistent with the terms and conditions stated
herein and included in the lease agreement.
25. An adequate number of bicycle storage racks shall be provided at the school facility.
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26. The new gymnasium building shall be limited to a maximum overall height of 41 feet, 6
inches.
27. Prior to the issuance of a building permit, a license agreement between Harbor Day
School and the City for the use of Big Canyon Reservoir's contractor yard for
construction staging purposes shall be executed.
28. 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 Harbor Day School including, but not limited to, Site Development Review No.
SD2018-004, Minor Use Permit No. UP2018-015 and Limited Term Permit No. XP2019-
003 (PA2018-183). 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. Harbor Day
School 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. Harbor Day
School shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
BUILDING DIVISION
29. Applicant is required to obtain all applicable permits from the City's 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.
30. Applicant shall employ the following best available control measures ("BACMs") to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
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Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that Southern California Air Quality Management District (SCAQMD)
significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10-percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
31. Prior to the issuance of a building permit, a Storm Water Pollution Prevention Plan
("SWPPP") and Notice of Intent ("NO]") to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality Control
Board for approval and made part of the construction program. The Project Applicant
will provide the City with a copy of the NOI and their application check as proof of filing
with the State Water Quality Control Board. This plan will detail measures and practices
that will be in effect during construction to minimize the Project's impact on water quality.
32. Prior to the issuance of a building permit, Harbor Day School shall prepare and submit
a Water Quality Management Plan ("WQMP") for the proposed Project, subject to the
approval of the Building Division. The WQMP shall provide appropriate Best
Management Practices ('BMP"s) to ensure that no violations of water quality standards
or waste discharge requirements occur.
33. A list of "good housekeeping" practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include frequent
parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful
fertilizers or pesticides, and the diversion of storm water away from potential sources of
pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list
and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs.
34. Overhead utilities serving the site shall be undergrounded to the nearest appropriate
pole in accordance with Section 15.32.015 of the NBMC.
PUBLIC WORKS DEPARTMENT
35. County Sanitation District fees shall be paid prior to the issuance of any building permits.
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36. Prior to the issuance of a building permit, Applicant shall submit a construction
management and delivery plan to be reviewed and approved by the Public Works
Department. The plan shall include discussion of project phasing; parking arrangements
for the subject site during construction; anticipated haul routes and construction
mitigation. Upon approval of the plan, Applicant shall be responsible for implementing
and complying with the stipulations set forth in the approved plan.
37. Traffic control and truck route plans shall be reviewed and approved by the Public Works
Department before their implementation. Disruption caused by construction work along
roadways and by movement of construction vehicles shall be minimized by proper use
of traffic control equipment and flagman.
38. Sewer, water and storm drain design within the public right-of-way or easement shall be
subject to further review and approval by the Public Works and Utilities Departments.
39. Utility easements shall be clear of all obstructions. Gates proposed to cross the
easement area shall span the entire easement. Access to the City shall be provided at
all times. No trees shall be planted within the limits of the easement area.
40. Revised drop-off/pick-up plans, procedures and narratives shall be reviewed and
approved by the Community Development Director and City Traffic Engineer. The plan
shall incorporate the new parking lot design. Post-construction student drop-off and
pick-up on San Joaquin Hills Road shall be limited at the new stairs only (marked as
"fire access stairs" on plan set). Temporary and/or permanent modifications to these
procedures shall be reviewed and approved by the Community Development Director
and Traffic Engineer. Also, should problems arise in the future with regard to these
procedures, the Applicant shall work directly with the City Traffic Engineer to resolve
said problems and concerns.
41. School staff shall only be allowed to direct queuing traffic within the off-site parking lot
and the school's parking lot. School staff shall not direct traffic within the public right-of-
way.
42. The Applicant shall effectively and efficiently control queuing of vehicles on-site to
ensure that this operation does not impact the Marguerite Avenue and Pacific View Drive
right-of-ways.
43. A storm water discharge license agreement shall be required for the proposed direct
discharge into the City's storm drain system. The agreement shall be executed prior to
permit issuance.
44. Applicant shall be responsible for upgrading to current standards all existing utilities that
serve the Project. Applicant shall be required to upgrade any City's facility due to a
deficiency caused by the Project.
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