HomeMy WebLinkAbout05_Newport Harbor Lutheran Church Classrooms Minor Site Development Review and CDP_PA2022-070CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 26, 2022
Agenda Item No. 5
SUBJECT:Newport Harbor Lutheran Church Classrooms (PA2022-070)
Coastal Development Permit No. CD2022-025
Minor Site Development Review No. SD2022-002
SITE LOCATION:798 Dover Drive
APPLICANT:Robert Fernandez Construction, Inc.
OWNER: Newport Harbor Lutheran Church
PLANNER: Patrick Achis, Assistant Planner
949-644-3237, pachis@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category:PI (Private Insitutions)
Zoning District : PC2 (Newport Harbor Lutheran Church)
Coastal Land Use Plan Category: PI-A (Private Institutions – 0.0 - 0.30 FAR)
Coastal Zoning District: PC2 (Newport Harbor Lutheran Church)
PROJECT SUMMARY
The Applicant proposes to make three 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 No. 10, and is set to expire July 23, 2022.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project 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 and the exceptions to this exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Site
Development Review No. SD2022-002 and Coastal Development Permit No.
CD2022-025 (Attachment No. ZA 1).
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DISCUSSION
Location.The subject lot is approximately 98,140 square feet in area, and
situated between the Castaways Park on the south and Bob Henry Park on the
north. The easterly boundary of the Church property abuts the residential uses.
Original Approval of Temporary Classrooms. On July 13, 2011, the City
authorized the temporary placement of six modular classrooms until July 13,
2017, pursuant to Limited Term Permit No. XP2011-003 (PA2011-100). On
December 17, 2018, the City granted an extension for the limited term permit,
authorizing the modular classrooms to be retained until July 23, 2022, after
which no further extension is possible.
Proposed Project. The Applicant requests a minor site development review
and coastal development permit to make three existing 880-square-foot
prefabricated, modular preschool classrooms permanent. The remaining three
tempory modular classrooms authorized under XP2011-003 (PA2011-100)
were never installed. Applicant seeks to only permit a total of three modular
classrooms that exist on-site currently (2,640 square feet in all). Except for
minor landcaping and new architectural finishes on the classrooms, no other
physical improvements are proposed. Please see the Appliant’s Project
Description for more information on the proposed enhancements in Attachment
No. ZA 3. Additionally, no changes to operational characerstics, parking,
student pick up/drop off, number of staff or students are proposed.
Development Rights. Pursuant to Development Agreement No. 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 Development Agreement (DA) review in 2019. The term of the DA is
for a period of 25 years and will be in effect on July 23, 2022.
Existing On-Site Development. Three permanent buildings (14,862 square feet
total) and three temporary modular classrooms currently occupy the site and have
the following characteristics:
o Permanent Buildings - 14,862 square feet total.
One 6,702-square-foot sanctuary
Two 4,080-square-foot classrooms
o Temporary Classroom – 2,640 square feet total.
Three temporary 880-square foot modular classrooms, proposed
to be allowed permanently.
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Allowed Uses and Required Approvals. 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 Harbor
Lutheran Church) Planned Community text, additions that will add over 15-
percent of the existing gross floor area require approval of a Site Plan Review (or
minor site development review). The project would add 2,640 square feet
permanently to the existing 14,862 square footage (approximately 18 percent
increase). A coastal development permit is also required as more than 10-percent
of the existing permanent floor area would be added.
Compatibility.
o Adequate Size.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.
o No Intensification of Use.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, 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.
o Parking.
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. Additionally, Development Agreement No. 10 requires
the site to provide parking for the public to access Castaways Park
and Bob Henry Park.
On October 3, 2019, the Planning Commission approved off-site
parking at the subject property for an off-site charter boat business
(PA2019-143) at 2527 West Coast Highway. The Newport Harbor
Lutheran Church allows the off-site 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. The
agreement between the Applicant and the charter boat business
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requires advance notice of at least five days in order to utilize the
property’s parking supply.
As a result, it is expected that sufficient parking will continue to
be available to serve all uses on-site due to the following:
The development floor area is well below the maximum
allowed;
The classroom use is existing and would not intensify as
part of the project;
The multiple uses on-site do not utilize parking at the same
time;
And to date, the City has not received complaints related
to parking issues at the subject property.
o Building Code Compliance. The existing placement and construction of
modular classrooms are installed to comply with all applicable regulations
of the Newport Beach Municipal Code and the California Building Code.
o Screening and Buffering.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.
Public Access and Views
o Public Viewpoint.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.
o Public Access. Implementation Plan Section 21.30A.040 (Determination
of Public Access/Recreation Impacts) 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.
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ENVIRONMENTAL REVIEW
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.
Class 3 exempts the demolition of up to three single-family residences and additions of
up to 10,000 square feet to existing structures. The proposed project consists 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
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.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. A Notice of Filing was posted to the site by the Applicant
in accordance with Title 21 requirements. Additionally, the item appeared on the agenda
for this meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
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. For additional information on filing an appeal, contact the Planning
Division at 949-644-3200.
Prepared by:
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BMZ/pda
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
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
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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. 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
Harbor Lutheran Church) Planned Community Development Plan, classrooms are a
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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 p
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.
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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, 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 p
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:
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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--2 Planned
Community Coastal Zoning District, subject to adequate parking determined by
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. Additionally, Development Agreement No. 10
requires the site to provide parking for the public to access Castaways Park and
Bob Henry Park, which would remain unchanged by the project
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
compliance with all development standards, the project will not be visible in the
aforementioned locations.
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5. 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.
6. 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
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. Facts 6 and 7 in Support of Finding D are hereby incorporated by reference.
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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 Sect
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.
_____________________________________
Jaime Murillo, Zoning Administrator
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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 and for public parking for Castaways Park and Bob
Henry Park.
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.
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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. 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
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Zoning Administrator Resolution No. ZA2022-###
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.
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Zoning Administrator Resolution No. ZA2022-###
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
ind and nature
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.
18
Attachment No. ZA 2
Vicinity Map
19
VICINITY MAP
Minor Site Development Review No. SD2022-002
and
Coastal Development Permit No. CD2022-025
(PA2022-070)
798 Dover Drive
Subject Property
Classroom Location
20
Attachment No. ZA 3
21
May 9, 2022
City of Newport Beach (CNB)
Community Development Department
Attn: Patrick Achis (Assistant Planner)
100 Civic Center Drive
Newport Beach, CA 92660
Subject: NHLC Request for Classroom Conversion
(3 Modular Units to Permanent Structure) Aesthetic Enhancement Plan
Dear Mr. Achis;
Newport Harbor Lutheran Church (NHLC) appreciates the information that you provided us on
May 5, 2022, related to the “Classroom Conversion” in anticipation of your upcoming meeting
with the Zoning Administrator. Within the next 3-4 months, following an anticipated approval of
NHLC's request, we plan to begin work making basic aesthetic enhancements to the exterior
of the modular buildings and surrounding area as follows:
(1)Replacement of Exterior Siding on 3 Modular Units with a new comparable material
(used on original structure) giving it an attractive refreshed look. Note: the modular units are
not visible to pedestrians and vehicles traveling on 16th St-to/from Bob Henry Park and
Castaways residential community.
(2)Install Planter (not to exceed 500 sq. feet-5'x100') with plants (see pictures-attached
file) removing grass at base of back wall. As plants mature it will provide a more appealing to
the eye backdrop of greenery & floral colors, attracting birds and other wildlife. It will also
cover the slump stone wall providing sound absorption from the preschool playground activity
that occurs approximately 3 hours per day Monday-Friday (i.e., lunchtime 11:30am-12:30pm
and afternoon 3-5pm). Refer also to the planter area denoted on the Classroom Conversion
Site Plan (attached file).
Please feel free to contact me if you have any questions or require further clarification on our
above initiative.
Sincerely,
Kimberly Layne
NHLC-Council President
22
23
Attachment No. ZA 4
Project Plans
24
25