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HomeMy WebLinkAbout1890 - APPROVE CUP_2300 FORD ROADRESOLUTION NO. 1890 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2012 -013 FOR AN AMENDMENT TO UP3633 TO INCREASE THE CAPACITY OF THE PRESCHOOL LOCATED AT 2300 FORD ROAD (PA2012 -081) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Domus Studio Architecture, with respect to property located at 2300 Ford Road, and legally described as Parcel 1 of Resubdivsion 1043 requesting approval of a Conditional Use Permit. 2. The applicant proposes an amendment to Use Permit No. UP3633 (Amended) to increase the maximum number of children allowed at the existing church preschool from 60 to 76 children. The existing church facility contains a parish hall, administration offices, and preschool classrooms. No square footage increase is proposed. The additional students will be accommodated in the existing Sunday school classrooms located in the administration office building. 3. The subject property is located within the Bonita Canyon Planned Community (PC -50) Zoning District and the General Plan Land Use Element category is Private Institutions (PI). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on August 23, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2, CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. Class 1 exempts minor alterations to existing facilities involving negligible expansion of use. The proposed project consists of a minor expansion of an existing use with no additional square footage. Planning Commission Resolution No. 1890 Page 2 of 6 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The us e is consistent with the General Plan and any applicable specific plan Facts in Support of Findina: A -1. The subject property is designated as Private Institutions (PI) by the Land Use Element of the General Plan, which is intended to provide for privately owned facilities that serve the public, including places for religious assembly and private schools. The church and associated preschool use are consistent with the land use designation. A -2. The subject property is not located in a specific plan area Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: B -1. The subject property is located within the Bonita Canyon Planned Community (PC -50) Zoning District. Within PC -50, the subject property is located within Residential Subarea 4, which is intended to provide for community service facilities. A church is an allowed use within Subarea 4 with the approval of a Use Permit. B -2. Zoning Code Section 20.40.040 (Off Street Parking Spaces Required) establishes a parking requirement for assembly uses of one (1) space per three (3) seats or one (1) space per 35 square feet used for assembly purposes. The subject property contains 88 parking spaces and the adjacent preschool parking lot contains 14 parking spaces, for a total of 102 spaces. The two uses have a shared parking agreement. The 102 parking spaces are sufficient to accommodate the adjacent preschool use and the proposed preschool expansion. The sanctuary within the parish hall has fewer than 200 seats; therefore, the required parking is no more than 67 spaces and there is an excess of spaces above the requirement. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: Tmpit: 05/16/2012 Planning Commission Resolution No. 1890 Page 3 of 6 C -1. The facilities on site are one- and two -story buildings, are setback from the streets, and provide a courtyard in the center for people to congregate outside. A wall is provided on the north side of the property along Bonita Canyon Road to buffer the property from surrounding uses. C -2. The operational characteristics are typical for a religious facility and the church is a compatible use with the allowed uses in the vicinity, including residential, commercial, and parks. The preschool office hours are from 9:00 a.m. to 6:00 p.m., Monday through Friday. The parish office hours vary from day to day, but do not exceed 9:00 a.m. to 4:00 p.m., Monday through Friday. The worship services are currently offered on Thursday mornings and at three times on Sundays. Sunday school is offered during services on Sundays. The preschool operates from 9:00 a.m. to 3:00 p.m., Monday through Friday. Day care is provided from 7:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m. Counseling sessions and classes are also offered throughout the week. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: D -1. The subject property is approximately 82,845 square feet in area and is developed with a 12,327- square -foot church facility consisting of a parish hall /sanctuary, administration offices, and classrooms, and a surface parking lot with 88 parking spaces. The adjacent preschool parking lot contains 14 parking spaces and the two uses have a shared parking agreement. The subject property is surrounded on three sides by streets. The parking lot can be accessed from two (2) drive aisles along Ford Road. A fire hydrant is located along Ford Road with red curb for fire engine access. Finding: E. Operatio n of the use at the location proposed 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. Facts in Support of Finding: E -1. The church has operated in this location since 2001 and has not proven detrimental to the surrounding areas. E -2. The project has been reviewed and conditioned to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for residents and businesses. The project is required to meet noise Tmplt: 05/16/2012 Planning Commission Resolution No. 1890 Page 4 of 6 ordinance requirements to protect neighboring uses from bells, organs, or other music or sounds. E -3. Adequate parking is provided on site and easily accommodates the additional preschool capacity. The circulation and drop off /pick up of the children runs efficiently. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2012 -013, 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 fourteen days after the adoption of this Resolution 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. PASSED, APPROVED AND ADOPTED THIS 23RD DAY OF AUGUST, 2012. AYES: Ameri, Brown, Hillgren, Kramer, Myers, and Tucker NOES: ABSTAIN: ABSENT: Toerge Tmpll: 05/16/2012 Planning Commission Resolution No. 1890 Paae 5 of 6 sN CONDITIONS OF APPROVAL 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. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 3. Conditional Use Permit No. 2012 -013 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. 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. 5. This Use Permit may be modified or revoked by the City Council or 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 this Use Permit or the processing of a new Use Permit, 7. Noise generated by the use, which include the use of musical instruments, pre- recorded music and /or singing, shall be confined to the interior of the structure and all windows and doors within the facility shall be closed, except when entering and leaving by the main entrance of the facility. 8. 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: Tmplt: 05/16/2012 Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM 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 Tmplt: 05/16/2012 Planning Commission Resolution No. 1890 Paoe 6 of 6 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. 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. 11. 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 the St. Matthew's Preschool Capacity Increase including, but not limited to, the Conditional Use Permit No. UP2012 -013 (PA2012 -081). 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. Tmplt: 05/16/2012