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HomeMy WebLinkAboutPA2022-070_20220526_Resolution_ZA2022-040Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL May 26, 2022 Robert Fernandez Construction, Inc rafcoinc@gmail.com Subject: Coastal Development Permit No. CD2022-025 Minor Site Development Review No. SD2022-002 (PA2022-070) 798 Dover Drive Newport Harbor Lutheran Church Classrooms Dear Mr. Fernandez: It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on May 26, 2022 and is now within the required City appeal period until June 9, 2022. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, cc: Kimberly Layne kcc@kimberly-layne.com RESOLUTION NO. ZA2022-040 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR SITE DEVELOPMENT REVIEW NO. SD2022-002 AND COASTAL DEVELOPMENT PERMIT NO. CD2022-025 TO ALLOW THE PERMANENT INSTALLATION OF THREE (3) EXISTING MODULAR CLASSROOMS LOCATED AT 798 DOVER DRIVE (PA2022-070) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Newport Harbor Lutheran Church (Applicant), with respect to property located at 798 Dover Drive, and legally described as Parcel 1 of Resubdivision No. 1038 requesting approval of a minor site development review and coastal development permit. 2.The Applicant proposes to make three (3) existing 880-square-foot prefabricated, modular preschool classrooms permanent. The authorization for the classrooms was granted for a limited duration under limited Term Permit No. XP2011-003 (PA2011-100), consistent with Development Agreement (DA) No. 10, and is set to expire July 23, 2022. 3.The subject property is categorized PI (Private Insitutions) by the General Plan Land Use Element and is located within the PC2 (Newport Harbor Lutheran Church) Zoning District. 4.The subject property is located within the coastal zone. The Coastal Land Use Plan category is PI-A (Private Institutions – 0.0 - 0.30 FAR) and it is located within the PC2 (Newport Harbor Lutheran Church) Coastal Zone District. 5.A public hearing was held on May 26, 2022, online via Zoom. 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 Zoning Administrator 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 15303 under Class 3 (New Construction or Conversion of Small Structures) 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.Class 3 exempts the demolition of up to three (3) single-family residences and additions of up to 10,000 square feet to existing structures. The proposed project consists of the permanent installation of three (3) existing 880-square-foot prefabricated, modular preschool classrooms that were allowed on a temporary basis. The exceptions to this Zoning Administrator Resolution No. ZA2022-040 Page 2 of 11 10-18-21 categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Site Development Review In accordance with Section 20.52.080(F) (Site Development Reviews) of the Newport Beach Municipal Code, The review authority may approve or conditionally approve a site development review application, only after first finding that the proposed development is: Finding: A. Allowed within the subject zoning district; Facts in Support of Finding: 1. Newport Harbor Lutheran Church will continue to principally operate as a religious institution with accessory classrooms that serve preschoolers. The existing three (3) modular classrooms were approved on a temporary basis but are now proposed to be made a permanent installation. School classrooms are a typical accessory use to a religious institution and is permitted within the PC2 (Newport Harbor Lutheran Church) Planned Community Development Plan for the subject property. 2. Pursuant to Development Agreement (DA) Number 10, adopted by City Council Ordinance 97-22, Newport Harbor Lutheran Church maintains the vested right to install buildings in the lawn area behind the sanctuary, the side lawn west of the sanctuary and/or the preschool yard. No planning applications have been submitted and no building construction has been completed since the last DA review in 2019. The term of the DA is for a period of 25 years and is set to expire July 23, 2022. 3. Sufficient parking will continue to be available to serve all uses on-site. The religious institution will continue to operate outside the hours of classroom instruction. The classrooms are existing and allowing them on a permanent basis will not intensify nor increase the parking requirement for the institutional facility as it is accessory to the principal use of a religious institution. There is no proposed increase in employees or student enrollment as a result of making the temporary classrooms permanent. Weekday parking demand will not increase. Accordingly, the use will be accommodated by the 163 parking spaces provided on-site in the adjoining surface lot. 4. The proposed classroom use is accessory to the religious institution which is consistent with all applicable provisions of the PI (Private Institutions) Land Use Designation of the General Plan for the subject site. Pursuant to Section IV.B of the PC-2 (Newport Zoning Administrator Resolution No. ZA2022-040 Page 3 of 11 10-18-21 Harbor Lutheran Church) Planned Community Development Plan, classrooms are a permitted structure and use, subject to the approval of a Site Plan Review. A coastal development permit is also required as more than 10-percent of the existing permanent floor area would be added. Finding: B. In compliance with all of the applicable criteria identified in subsection (C)(2)(c) of this section 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 (1) 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; 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 right(s)-of-way and compliance with Section 20.30.100 (Public View Protection). Facts in Support of Finding: 1. All Facts in Support of Finding A are hereby incorporated by reference. 2. The lawn area adjacent to the existing permanent buildings is adequate in size to accommodate the proposed modular classrooms without displacing any of the onsite parking spaces. 3. The location of the modular classrooms complies with setbacks development standards of the PC2 Development Plan. The modular classrooms are not visible from the public right-of-way and are at a lower grade elevation than the adjacent residential lots to the east and to the south. The classroom structures are existing at 12-feet tall and existing views over the site will be maintained. The Applicant proposes to add new architectural finishes to the classrooms and to install new water-efficient landscaping to further enhance the project’s visual quality. 4. To help ensure compatibility with the neighboring residential uses, conditions of approval have been incorporated to limit hours of operation (Condition of approval No. 6), require classroom windows oriented toward residential uses to be always closed (Condition of approval No. 9), and designate drop off/pick up areas (Condition of approval No. 11) as to not interfere with the public right-of-way. Zoning Administrator Resolution No. ZA2022-040 Page 4 of 11 10-18-21 5. The subject lot has direct access from Castaways Lane and making the existing temporary classrooms permanent will not generate an intensification of traffic beyond that existing. The number of students and staff will not change as a result of making the temporary classrooms permanent, and no physical improvements are proposed, except for landscaping and new architectural finishes. The religious institution will not be operating simultaneously with the proposed limited duration use. 6. Provisions of NBMC Sections 20.30.100 (Public View Protection) and 21.30.100 (Scenic and Visual Quality Protection) do not apply because the project does not have the potential to obstruct public views from public viewpoints and corridors as identified on General Plan Figure NR 3 (Coastal Views) and Policy 4.4.1- 6 and Map 4-3 of the Coastal Land Use Plan. The project provides access to protected public views but is over 300 feet away from the nearest viewpoint and separated by two (2) rows of single-family residences. The project is located landward, and public views do not orient toward the site. Finding: C. Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. Allowing the existing classrooms permanently is not anticipated to result in any additional impacts beyond those analyzed prior to original approval for the temporary use. 2. The permanent use of the classrooms will not result in a change in the operational characteristics of the church but will instead provide additional amenities to complement the existing facilities. The classrooms are a typical facility found at churches. 3. The existing placement and construction of modular classrooms are installed to comply with all applicable regulations of the NBMC and the California Building Code. 4. The location of the modular classrooms is at a lower grade elevation than the adjacent residential lots to the east and to the south, and the existing views over the site will be maintained. The Applicant proposes to add new architectural finishes to the classrooms and install new landscaping to further enhance the project’s visual quality. Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2022-040 Page 5 of 11 10-18-21 Finding: D. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The project complies with applicable use allowances and development standards including, but not limited to, floor area limitation, setbacks, height, and parking. a. IP Table 21.26-3 allows “Schools, Public and Private” with in the PC-2 Planned Community Coastal Zoning District, subject to adequate parking determined by the Director. The classrooms’ educational use would continue to serve the needs of preschool-aged children. Under the PC2 Text the existing 163 parking spaces on-site satisfy Zoning Code requirements for the permitted floor area of 40,000 square feet. The existing development has a gross floor area of 14,862 square feet and the proposed temporary classrooms to be made permanent total 2,640 square feet. This means only 17,502 square feet of the 40,000 square feet (around 44 percent) would be developed. b. The project would permanently add 2,640 of gross floor area to the existing 14,862-square-foot church development, which does not exceed the 40,000 maximum floor area limits for the development under the PC2 Development Plan. c. The project does not involve new infrastructure or physical improvements that would be subject to development standards including height limits, floor area limits, and setbacks. The classrooms have been previously improved and comply with height limits and required setbacks. 2. The project is complementary to the existing uses at the property and will provide for the continued operation of the on-site preschool. The project does not result in physical improvements that would add to the design, bulk, and scale of the Newport Harbor Lutheran Church development. Thus, the use and operation are consistent with the existing neighborhood pattern of development and expected future development. 3. Proposed landscaping complies with NBMC Section 21.30.075 (Landscaping). A condition of approval is included that requires drought-tolerant species. Prior to issuance of building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 4. The closest Public Viewpoint, as designated by the Coastal Land Use Plan (CLUP), is located approximately 300 feet to the southeast of the property near at Castaways Park. Given the distance of the proposed development from the Public Viewpoint and Coastal View Roads, the intervening blocks of existing residential development, and the project’s compliance with all development standards, the project will not be visible in the aforementioned locations. Zoning Administrator Resolution No. ZA2022-040 Page 6 of 11 10-18-21 5. Sufficient parking will continue to be available to serve all uses on-site. This is because the classroom use is existing and would not intensify as part of the project and the multiple uses on-site do not utilize parking at the same time. Newport Harbor Lutheran Church allows an off-site charter business to use 75 to 85 on-site parking spaces of the 163-space site on weekdays (except Thursdays) and up to 120 parking spaces on Saturdays. However, the development floor area is well below the maximum allowed, and to date, the City has not received complaints related to parking issues at the subject property. Finding: E. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The project is located between the nearest public road and the sea or shoreline; the project will not affect the public's ability to gain access to, use, and/or view the coast and nearby recreational facilities. The project provides access to protected public views but is over 300 feet away from the nearest viewpoint and separated by two (2) rows of single-family residences. The project is located landward, and public views do not orient toward the site. 2. Implementation Plan Section 21.30A.040 requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, would allow existing temporary modular classrooms to remain permanently. The project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. 3. Fact 5 in Support of Finding D are hereby incorporated by reference. Zoning Administrator Resolution No. ZA2022-040 Page 7 of 11 10-18-21 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Site Development Review No. SD2022-002 and Coastal Development Permit No. CD2022- 025, 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 the Resolution is adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 (Local Coastal Implementation Plan) of the NBMC. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF MAY, 2022. Zoning Administrator Resolution No. ZA2022-040 Page 8 of 11 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved 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. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Site Development Review or Coastal Development Permit. 4. On or before July 23, 2022, the Applicant shall obtain a building permit to recognize that the existing (3) temporary modular classrooms will be made permanent. 5. Prior to building permit final, the Planning Division shall perform a site inspection to verify existing conditions and installation of landscape match the approved plans. 6. Operation of the modular classrooms shall occur only between the hours of 7:00 a.m. and 9:00 p.m., to ensure compatibility with surrounding land uses. 7. No more than the three (3) 880-square-foot modular classrooms originally approved under Limited Term Permit No. XP2011-003 (PA2011-100) shall be allowed on a permanent basis. 8. Sufficient parking must be maintained to the satisfaction of the Planning Division at all times for the approved uses on-site. 9. The windows of the temporary modular classrooms that face toward the adjacent residential dwelling shall always remain closed. 10. The fence east of the existing sanctuary building shall be landscaped with climbing plantings such that the modular units are screened from Castaways Lane. 11. Student drop-off and pick-up shall occur as proposed within the southern portion of the westerly parking lot and shall not impact the public right-of-way, including Castaways Lane. 12. Prior to utilizing any portion of the parking lots for recess or recreational activities, a detailed plan shall be submitted for the review and approval by the Community Development Director. Zoning Administrator Resolution No. ZA2022-040 Page 9 of 11 10-18-21 13. The maximum number of students shall be limited to 200. 14. This approval was based on the particulars of the individual case and does not, in and of itself or in combination with other approvals in the vicinity or Citywide, constitute a precedent for future approvals or decisions. 15. The height of the modular classroom units shall not exceed 12 feet. In all cases, the height of vehicles, equipment, materials, structures, and modular classroom units shall not exceed 6 feet if within 10 feet of the property line wall or fence. 16. Minor Site Development Review No. SD2022-002 and Coastal Development Permit No. CD2022-025 (PA2022-070) shall expire unless exercised by the expiration date of Development Agreement No. 10 on July 23, 2022. 17. This Minor Site Development Review and Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined 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. 18. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Site Development Review and Coastal Development Permit or the processing of a new Minor Site Development Review and Coastal Development Permit. 19. 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. 20. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the PA2022-070 project 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 Minor Site Development Review and Coastal Development Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 21. Prior to the issuance of a building permit, the Applicant shall submit a landscape plan. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 22. 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 Zoning Administrator Resolution No. ZA2022-040 Page 10 of 11 10-18-21 be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 23. The site 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. 24. All noise generated by the proposed use shall comply with the provisions of 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 25. 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. 26. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 27. The exterior of the classrooms shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 28. 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). 29. 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. Zoning Administrator Resolution No. ZA2022-040 Page 11 of 11 10-18-21 30. 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. 31. 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. 32. 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 Newport Harbor Lutheran Church Classrooms including, but not limited to, Minor Site Development Review No.SD2022-002 and Coastal Development Permit No. CD2022-025 (PA2022-070). 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.