HomeMy WebLinkAboutPC2023-042 - APPROVING A MAJOR SITE DEVELOPMENT REVIEW, MINOR USE PERMIT, AND TRAFFIC STUDY TO INCREASE STUDENT ENROLLMENT AND CONSTRUCT A NEW MIDDLE SCHOOL AND GYMNASIUM BUILDING FOR SAGE HILL SCHOOL LOCATED AT 20402 NEWPORT COAST DRIVE (PA2022-0277)RESOLUTION NO. PC2023-042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA APPROVING A MAJOR SITE DEVELOPMENT REVIEW, MINOR USE PERMIT, AND TRAFFIC STUDY TO INCREASE STUDENT ENROLLMENT AND CONSTRUCT A NEW MIDDLE SCHOOL AND GYMNASIUM BUILDING FOR SAGE HILL SCHOOL LOCATED AT 20402
NEWPORT COAST DRIVE (PA2022-0277)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sage Hill School (“Applicant”), concerning property located at 20402 Newport Coast Drive, and legally described as Parcel 1 of Parcel Map No. 97-200 (“Property”) requesting approval of a Major Site Development Review, Minor Use Permit,
and Traffic Study.
2. The County of Orange Planning Commission approved Use Permit No. PA97-0173 on November 3, 1998, to establish a private high school (Sage Hill School). The approved use permit allowed for several structures that totaled 141,900 square feet and student
enrollment up to 600 students. Of the 141,900 square feet that was approved, the existing
structures total 121,734 square feet with 20,166 square feet remaining under the existing use permit. The County of Orange approval also established a height limit for the property of 65 feet.
3. The Property was annexed to the City of Newport Beach (“City”) on September 26, 2000.
Subsequently, the City issued several Staff Approvals for the continued buildout of Sage Hill School for development that was in substantial conformance with Use Permit No. PA97-0173. Additionally, Staff Approval No. SA2015-006 authorized the school to offer education for grades K-12.
4. The Applicant requests approval of a major site development review, minor use permit, and traffic study to increase student enrollment from 600 to 750 students and to construct a new three-story, 38,658-square-foot middle school (i.e., grades 7-8) and gymnasium building for Sage Hill School on the northern portion of the existing campus (“Project”). The
proposed structure would exceed the remaining 20,166 square feet authorized by Use
Permit No. PA97-0173, therefore, the request includes an amendment to increase the total floor area on-site by 18,492 square feet for a total of 160,392 square feet. The proposed middle school and gymnasium building includes eight classrooms, a café, offices, storage rooms, outdoor learning areas, and approximately 824 bleacher seats within the
gymnasium. The Project also includes nighttime lighting and landscaping improvements
for the existing baseball field and the new school and gymnasium building. Lastly, the Project includes improvements to Newport Coast Drive to extend the existing left turn lane at the intersection of Newport Coast Drive and the Coyote Canyon Landfill Renewable Energy Facility (REF), which is intended to improve queuing capacity. No changes are
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proposed to the existing high school facilities (i.e., grades 9-12) which will continue to be regulated by Use Permit No. PA97-0173.
5. The subject property is designated Private Institutions (PI) by the General Plan Land Use Element and is located within the Private Institutions (PI) Zoning District. 6. The Property is not located within the coastal zone.
7. A public hearing was held on December 7, 2023, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (“Public Hearings”) of the
Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Project is exempt from the California Environmental Quality Act (CEQA) under Section
15301 under Class 1 (Existing Facilities) and under Section 15314 under Class 14 (Minor Additions to Schools) 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 1 exempts projects involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Specifically, 15301(c) exempts work on existing highways and streets,
sidewalks, gutters, bicycle, and pedestrian trails, and similar facilities. The Project includes
the extension of an existing left turn pocket on Newport Coast Drive that would not result in the expansion of the existing roadway nor would it create additional automobile lanes. 3. Class 14 exempts projects within existing school grounds where the addition does not
increase the original student capacity by more than 25 percent or 10 classrooms,
whichever is less. The existing student capacity is 600 students, and the Project is requesting to increase the capacity by 150 students, which is a 25 percent increase. The Project requests to add an additional eight classrooms for the middle school which is less than the 10 classrooms allowed in this exemption.
4. The exceptions to these categorical exemptions 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. 5. There are no unusual circumstances at the proposed Project site that would result in a significant effect on the environment. Specifically, there will be no impacts to biological
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resources resulting from construction of the new building, fuel modification improvements, or nighttime baseball field lighting. A Biological Resources Update and
Potential Effects Associated with Fuel Modification Plan technical memorandum was
prepared by Glen Lukos Associates, dated November 8, 2023, that evaluated potential biological impacts related to the proposed Project and the fuel modification area. The biological assessment concluded that the Fuel Modification Zone (FMZ) was originally landscaped, even noting that this is a transition planting between the Natural
Communities Conservation Plan (NCCP) zone and the campus, including some
ornamental plants. None of the species in these two zones comprised any coastal sage scrub. The FMZ planting will not include any Cal-IPC listed plants. This fuel modification area has always been a maintained landscaped zone and the FMZ plantings will not include any invasives that would have the potential to change the coastal sage scrub
conditions adjacent to the toll road. The Biological Report also states that the proposed
baseball field lighting would not result in impacts to the adjacent NCCP areas. Therefore, the Project does not include any unusual circumstances that would result in a significant effect on the environment.
SECTION 3. REQUIRED FINDINGS.
Major Site Development Review In accordance with Section 20.52.080(F) (Site Development Reviews – 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 in the Private Institutions (PI) Zoning District which is intended to provide for areas appropriate for privately owned facilities that serve the public, including places
for assembly/meeting facilities, congregate care homes, cultural institutions, health care
facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. The Project includes the construction of a new middle school and gymnasium at an existing private high school campus, Sage Hill School. The private school is allowed with approval of a minor use permit.
2. The Property has a maximum floor area to land ratio (FAR) of 0.50. The Property is approximately 1,237,588 square feet (28.41 acres), and the Project consists of 160,392 square feet of gross floor area, including the existing high school. Therefore, the Project has a proposed FAR of 0.13, which complies with the maximum 0.50 FAR limit.
3. The minimum setbacks required for the Property are established by the minor use permit. The setbacks for the proposed structure shall be consistent with the approved plans as part of this minor use permit.
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Finding:
B. The proposed development is in compliance with all of the following applicable criteria;
i. Compliance with this section, the General Plan, Title 20 (Planning and Zoning) of the NBMC, 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 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) of the NBMC.
Facts in Support of Finding:
1. The Property is categorized as Private Institutions (PI) by the General Plan Land Use
Element, which 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 includes the construction of a new middle school and gymnasium at an existing private
high school campus, Sage Hill School. The private school is allowed with approval of a
minor use permit. 2. Land Use Policy LU 6.1.1 (Adequate Community Supporting Uses) of the Land Use Element of the General Plan is intended to accommodate schools, government
administrative and operational facilities, fire stations and police facilities, religious
facilities, schools, cultural facilities, museums, interpretive centers, and hospitals to serve the needs of Newport Beach’s residents and businesses. The City is served by one public and one private middle school and the Project will provide an additional private middle school institution to serve residents within the City and region.
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3. Land Use Policy LU 6.1.3 (Architecture and Planning that Complements Adjoining Uses)
of the Land Use Element of the General Plan is intended to ensure the City’s public buildings, sites, and infrastructure are designed to be compatible in scale, mass, character, and architecture with the district or neighborhood in which they are located, following the design and development policies for private uses specified by this Plan.
Although the Project is a private institution, it will implement designs for the proposed
building that match the architectural design of the existing high school and the height of the adjacent science building.
4. The Project will be largely located below the existing grade of the nearby State Route
73 (SR-73) and will not substantially impact views from this right-of-way. The Project site is not visible from any coastal view roads or public viewpoints identified in Figure NR3 Coastal Views of the General Plan. Lastly, the Property is generally secluded and not within the vicinity of residential and commercial buildings and, therefore, is not
anticipated to visually degrade the surrounding area.
5. On December 15, 1998, the County of Orange approved Zone Change No. ZC 97-07 (Ordinance No, 98-19), to rezone the Property from the “A1 (General Agricultural)”
District to the “A1/65 (General Agricultural/65 Feet Building Height)” District, which
increased the allowed height of the proposed buildings from 35 feet to 65 feet (“Zone Change”).
6. The PI Zoning District of the NBMC has a maximum building height of 32 feet for a flat
roof and 37 feet for a sloped roof for properties outside of the Shoreline Height Limit Zone. The height of the proposed structure is approximately 55 feet. At the time the Property was annexed to the City, it was not the intent of the City to rezone the property such that the existing structure and any future structures would be nonconforming. The
height authorized by the Zone Change was inadvertently excluded during the
annexation process. The intended maximum building height for the Property is 65 feet and the proposed structure complies with this maximum building height established by the Zone Change.
7. The Property is located on Newport Coast Drive adjacent to SR-73 north of the REF. The nearest residential neighborhoods are located at Newport Ridge approximately half a mile south of the Property and the residential neighborhoods approximately 700 feet across State Highway 73 within the City of Irvine. The Coyote Canyon Landfill is located
west of the school and closed in 1990—the parcels remain undeveloped. Therefore, the
Project is not anticipated to create an obstruction of public views nor create a visual impact to surrounding areas with the retention of the 65-foot maximum building height. The existing high school building that is approximately 64-feet 5-inches in height is to remain and no changes to the structure are proposed.
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8. The proposed middle school and gymnasium building will be located on the northern
portion of the existing school campus between an existing science building and baseball field. The design of the three-story building will follow the grade of the existing terrain, which slopes approximately 35 feet from east to west. The building is designed with consideration to the existing topography as well as the existing buildings on the campus.
The top of the proposed building will be designed to match the height of the existing
science building located southeast of the proposed building. 9. The existing parking lot onsite will serve both the existing high school and the proposed
middle school. Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC
requires parking spaces for schools, public and private, to be determined by permit. At the time the original Use Permit No. PA97-0173 was approved by the County of Orange for Sage Hill School, the parking rate required pursuant to the County of Orange Zoning Code Section 7-9-145 was one parking space for each member of the faculty and each
employee, plus one space for every six full-time students regularly enrolled. Based on
student count and administration personnel at the time of approval, the required parking spaces was 161. The current County of Orange Zoning Code Section 7-9-70.6 requires slightly fewer parking spaces: one parking space for each full-time equivalent faculty and staff, plus one for each eight full-time equivalent students regularly enrolled. Further,
using the County of Orange Zoning Code as a reference, the required parking rate for a
middle school is two parking spaces for each classroom plus loading and unloading space for student drop-off and school buses. Therefore, the existing high school is required to provide 161 spaces and the proposed middle school would be required to provide a minimum of 16 spaces, which is a total of 177 spaces. The onsite parking lot
consists of 466 parking spaces which will provide approximately twice the required
number of spaces. Additionally, it is anticipated that the middle school parking will only be necessary for staff based on the typical age of students.
10. The Property is currently developed with an existing private high school that is served
by an approximately 2,000-foot-long driveway that leads to a large parking area that is designed for both vehicle parking and student pick-up/drop-offs. The existing driveway accommodates approximately 80 vehicles. The extended driveway design will reduce potential impacts from student pick-up/drop-offs and avoid queuing into the public street.
11. A Queuing Analysis was prepared by Gibson Transportation Consulting, Inc. dated September 27, 2023, and reviewed by the Public Works Department. The analysis examined both the driveway located on the Property and the storage capacity of the
southbound left-turn lane (“SBL”) at the intersection of Newport Coast Drive and the
Coyote Canyon REF. The SBL is approximately 150 feet in length and can safely accommodate a queue of approximately six vehicles. The analysis concluded that the existing driveway storage is more than sufficient to accommodate the increase in vehicular demand and queueing anticipated under the future enrollment. However, the
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analysis concluded that the current condition of the SBL would not be able to accommodate the increase in vehicular demand and queueing anticipated under the
future enrollment. Condition of Approval No. 40 has been included to ensure that
improvements will be completed to increase the storage capacity of the SBL. Further, the hours for the high school will begin at 8:00 a.m. and conclude at 3:00 p.m., while the middle school will begin at 8:30 a.m. and conclude at 3:30 p.m. The staggered start and end times for the high school and middle school is intended to lessen the impact of
vehicular demand with the increased enrollment. The analysis also concluded that the
Public Works Department will review and adjust the signal timing at the intersections to improve SBL operational efficiency to further limit the impacts on the SBL queueing.
12. The Project includes landscaping around the perimeter of the proposed structure
primarily consisting of trees and ground cover shrubs. As conditioned, the Project will be required to submit a final Fuel Modification Plan for review by the Life Safety Division (Fire Department), which may include modifications to the existing landscaping. An existing grass-covered practice field will be replaced with artificial turf directly south of
the proposed structure. Additionally, the existing baseball field located to the west of the
proposed structure will be replaced with artificial turf to further reduce the Property’s water usage. Prior to the issuance of building permits, a final landscape plan will be reviewed to ensure the Project incorporates non-invasive plant species and water-efficient irrigation designs.
13. Facts in support of Finding A are hereby incorporated by reference.
14. The Property is not located within a Specific Plan area.
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. Facts 8 and 9 in support of Finding B are hereby incorporated by reference.
2. The Applicant has submitted a lighting plan and photometric study for the proposed
nighttime lighting for the existing baseball field, which has been reviewed by all applicable City departments. The light spillage within the Natural Communities Conservation Plan (NCCP) area is 0.1-foot candle or less, which is the threshold where no significant impacts occur. As conditioned, the Project shall comply with all lighting
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standards of the NBMC and a final lighting plan must be approved prior to building permit issuance which will ensure there are no impacts to vehicles traveling on SR-73.
3. The Applicant has submitted a Fire Master Plan and Fuel Modification Plan which has been reviewed and preliminarily approved by the Life and Safety Division (Fire Department). The approved plans have been reviewed to increase the likelihood that a
structure will survive a wildfire, improve the defensible space around the structure for
firefighting activities, and prevent direct flame contact with structures and any changes shall be reviewed and approved by the Fire Department.
4. A Biological Resources Update and Potential Effects Associated with Fuel Modification
Plan technical memorandum was prepared by Glenn Lukos Associates, Inc. dated November 8, 2023. The memorandum states that the removal of vegetation associated with the Fuel Modification Plan shall be conducted outside of avian breeding season (generally February – July), or a pre-removal survey should be conducted to confirm the
absence of nesting birds. Additionally, the memorandum indicated that the trees on site
represent potential roosting habitat for western mastiff bats and removal of suitable trees should be conducted outside of the maternity roosting season (June – August). The Project is conditioned to comply with the recommendation of the memorandum.
Minor Use Permit In accordance with Section 20.52.020(F) (Use Permit, Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
D. The use is consistent with the General Plan and any specific plan;
Facts in Support of Finding:
1. Facts 1-3 in support of Finding B are hereby incorporated by reference. 2. The Property is not located within a specific plan area.
Finding: E. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and Municipal Code;
Facts in Support of Finding: 1. Facts in support of Finding A are hereby incorporated by reference.
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2. Facts 6, 9, and 10 in support of Finding B are hereby incorporated by reference.
3. Section 20.30.120(D) (Solid Waste and Recyclable Materials Storage) of the NBMC requires 384 square feet of storage area for refuse and recycling for 100,000 square feet of structures and an additional 96 square feet of storage area for each additional
25,000 square feet of structure. The total square footage of existing and proposed
structures is 160,392 and will require 576 square feet of storage area. The Project proposes to increase the storage area for refuse and recycling for a total of 682 square feet in compliance with the requirement.
Finding:
F. 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 parcels located directly north and south of the Property are within the Open Space (OS) Zoning District that is intended to provide areas to maintain and protect the
community’s natural open space resources and to maintain and protect landscaped
open space areas located within residential and nonresidential developments, where no further development is allowed. The Project does not include any features that would obstruct or encroach into these adjacent areas within the OS Zoning Districts. The closest facility is the REF, which is approximately 1,200 feet south of the Property, and
is a closed landfill. Additionally, the closest residential neighborhood is approximately
700 feet across State Highway 73. The Property is generally remote, and the Project is compatible with the allowed uses within the vicinity and is also designed to be compatible with the existing high school on the same campus.
2. The Property is located immediately adjacent to the closed Coyote Canyon Landfill
across Newport Coast Drive. Mitigated Negative Declaration No. PA970173 was prepared to analyze potential impacts of development authorized under Use Permit No. PA97-0173. The Mitigated Negative Declaration included Mitigation Measure 13-2 that required compliance with the following:
a. No school structures located within 250 feet from the refuse limits. b. A landfill gas barrier (foundation shielding) installed in the foundations of all enclosed structures within the Project site.
c. Passive venting foundations for all school buildings. The passive venting systems
shall be designed so that they can be upgraded to active systems if required by the regulatory agencies. d. Proper sealing of all utility trenches, conduits, vaults, manholes, etc.
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The proposed building is located on the opposite side of the Property away from Newport Coast Drive, approximately 1,200 feet east of the closed Coyote Canyon Landfill. A
condition of approval has been included to require the proposed building to include these
design features that shall be reviewed by all relevant departments prior to issuance of final building permits. 3. Fact 8 in support of Finding B is hereby incorporated by reference.
Finding:
G. 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: 1. The Property is approximately 28.41 acres and is currently developed with a high school
and appurtenant structures for the campus such as a library, art center, math/science
center, aquatics center, gymnasium/fitness facility, sports courts, and large surface parking lot with pick-up/drop-off and loading areas. The Project would enhance the existing institution with additional grade levels and an additional gymnasium building for the increased student enrollment.
2. The Project has been reviewed by the City’s Fire Department, Public Works, and Building Department. Adequate public and emergency vehicle access, public services, and utilities are provided to the Property.
3. Facts 10 and 11 in support of Finding B are hereby incorporated by reference. Finding:
H. Operation 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 or persons residing or working in the neighborhood of the proposed used.
Facts in Support of Finding: 1. The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The Applicant is required to continue to explore the implementation of
transportation demand management (TDM) strategies such as dispersed arrival patterns, carpool/rideshare programs, and associated TDM educational materials, to increase the average number of students per vehicle and reduce the intensity of the peak arrival patterns.
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2. Facts 10 and 11 in support of Finding B are hereby incorporated by reference.
3. Fact 2 in support of Finding F bis hereby incorporated by reference.
Traffic Study
In accordance with Section 15.40.030(A) (Traffic Phasing Ordinance – Standards for Approval – Findings – Exemptions) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
I. That a traffic study for the project has been prepared in compliance with the NBMC Chapter 15.40 (Traffic Phasing Ordinance) and Appendix A thereto;
Fact in Support of Finding: 1. A traffic study, titled “Traffic Impact Analysis – Sage Hill School Expansion Project” dated October 2023 (“Traffic Impact Analysis”), which is attached hereto as Exhibit “B” and
incorporated herein by reference, was prepared by LSA under the supervision of the
City Traffic Engineer for the Project in compliance with Chapter 15.40 (Traffic Phasing Ordinance) and Appendix A of the NBMC. Finding:
J. That, based on the weight of the evidence in the administrative record, including the
traffic study, one of the findings for approval in subsection 15.40.030(B) of the NBMC
can be made:
i. Construction of the project will be completed within 60 months of project approval.
(NBMC Section 15.40.030(B)(1)).
ii. Additionally, the project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection. (NBMC Section
15.40.030(B)(1)(a)).
Facts in Support of Finding: 1. The Project is anticipated to open school enrollment in the 2026-2027 school year. If the
Project is not completed within 60 months of this approval, preparation of a new traffic
study will be required. 2. The Traffic Impact Analysis included nine study intersections that were analyzed for potential impacts based on the City’s Intersection Capacity Utilization (“ICU”)
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methodology, which is expressed in terms of level of service (“LOS”). Utilizing this methodology, the Traffic Impact Analysis determined that the proposed Project could be
implemented without adversely affecting the nine study intersections and the additional
traffic would not result in unsatisfactory LOS. Finding:
K. That the project proponent has agreed to make or fund the improvements, or make the
contributions, that are necessary to make the findings for approval and to comply with
all conditions of approval;
Facts in Support of Finding:
1. No improvements or mitigation are necessary because implementation of the Project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City. The Applicant will be required to pay Traffic
Fair Share Fees for the net increase in vehicles trips, which will be used to fund future
planned improvements to the City’s circulation system. The Applicant will also be required to pay San Joaquin Hills Transportation Corridor Fees. Condition of Approval Nos. 5 and 6 require the Applicant to pay both the Traffic Fair Share Fees and San Joaquin Hills Transportation Corridor Fees assessed in accordance with the fees
effective at the time of payment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Project is categorically exempt from the California Environmental Quality Act under Section 15301 under Class 1 (Existing Facilities) and under Section 15314 under Class 14 (Minor Additions to Schools) 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 as the Project does not increase the original student capacity by more than the amount allowed under the exemption (lesser of 25 percent or 10 classrooms) and the extension of an existing left turn pocket on Newport Coast Drive will not result in expansion of the roadway nor create additional automobile lanes.
2. The Planning Commission of the City of Newport Beach hereby approves a Major Site Development Review, Minor Use Permit, and Traffic Study (PA2022-0277) for the Sage Hill Middle School project, subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference.
3. 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 by the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF DECEMBER, 2023.
AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None
ABSTAIN: None
ABSENT: Barto
BY:_________________________ Curtis Ellmore, Chairman
BY:_________________________
Tristan Harris, Secretary
Attachments: Exhibit A – Conditions of Approval
Exhibit B – Traffic Impact Analysis
DocuSign Envelope ID: F3F5DDE6-A5A0-44CA-9ACD-A1AC9CA2AF26
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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. A material violation of any of those laws in connection with the use may be cause for the revocation of this Major Site Development Review, Minor Use Permit, and Traffic Study.
4. The maximum building height is 65 feet. 5. Prior to the issuance of building permits, a Traffic Fair Share Fee for the increase in
student enrollment shall be paid in accordance with the fee effective at the time of
payment.
6. Prior to the issuance of building permits, a San Joaquin Transportation Corridor Fee for
the new building shall be paid in accordance with the fee effective at the time of payment.
7. This Major Site Development Review, Minor Use Permit, and Traffic Study 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.
8. This Major Site Development Review, Minor Use Permit, and Traffic Study 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 are
detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance.
9. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Major Site Development
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Review or Minor Use Permit or the processing of a new Major Site Development Review or Minor Use Permit.
10. A copy of the Resolution, including the Conditions of Approval attached as Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits.
11. Prior to the issuance of building permits, 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.
12. All landscape materials and irrigation systems shall be maintained by 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.
13. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds under MBTA: A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
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14. The Applicant shall comply with all recommendations of the Biological Resources Update and Potential Effects Associated with Fuel Modification Plan memorandum dated
November 8, 2023.
15. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, 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.
16. Before the issuance of a building permit, the Applicant shall prepare a 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.
17. 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 periods unless the ambient noise level is higher:
Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM
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
18. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of these Conditions of Approval by either the
current business owner, property owner or leasing agent.
19. 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. 20. 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.
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21. 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.
22. The exterior of the business shall be always maintained free of litter and graffiti. 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.
23. 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 of the NBMC, including all future amendments (including Water Quality related requirements).
24. 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 Minor Use
Permit.
25. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure.
26. A Special Events Permit is required for any event or promotional activity outside the
normal operating 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.
27. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Sage Hill Middle School including, but not limited to, a major site development review, minor use permit, and traffic study (PA2022-0277). This indemnification shall include, but not be limited to, damages awarded against the City,
if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such
claim, action, causes of action, suit, or proceeding whether incurred by the Applicant, City, and/or the parties initiating or bringing the such proceeding. The Applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that City incurs in enforcing the indemnification provisions outlined in this condition. The Applicant shall pay to the City
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upon demand any amount owed to the City under the indemnification requirements prescribed in this condition.
Fire Department 28. New elevators shall be stretcher/gurney-accommodating by Article 30 of the California Building Code.
29. Automatic fire sprinklers shall be required for all new construction. The sprinkler system shall be monitored by a UL-certified alarm service company. 30. A fire alarm system shall be required.
31. Fire Department access shall be provided to allow for a 150-feet “hose pull” around the building. The existing turf block shall be replaced with a material and supporting base that is acceptable to the Newport Beach Fire Department.
32. A three-foot wide improved access path shall be provided at the rear of the building.
33. A final Fuel Modification Plan shall be reviewed and approved by the Fire Department. Building Division
34. Prior to submittal for building permits, the Applicant shall submit plans for preliminary
Building Code review and obtain assurance from the Building Division that major code
items have been addressed.
35. The plans shall incorporate a landfill gas barrier (foundation shielding) installed in the
foundations of all enclosed structures, passive venting foundations designed with the
ability to be upgraded to active systems if required by the regulatory agencies, and proper
sealing of all utility trenches, conduits, vaults, manholes, etc.
36. The 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.
37. The 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.
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• 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 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 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.
38. 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 stormwater 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.
Public Works Department 39. Prior to the commencement of demolition and grading of the Project, the Applicant shall submit a construction management and delivery plan to be reviewed and approved by
the Public Works Department. The plan shall include a discussion of project phasing;
parking arrangements for both sites during construction; anticipated haul routes and
construction mitigation. Upon approval of the plan, the Applicant shall be responsible for
implementing and complying with the stipulations outlined in the approved plan.
40. Prior to the issuance of a Certificate of Occupancy, the Applicant shall design, construct,
and complete the Newport Coast Drive median modification to increase the southbound
left-turn storage capacity to a minimum length of 550 feet on Newport Coast Drive at the
REF driveway intersection. The Applicant shall also relocate the existing City monument on the median. The final design and timing of improvements shall be reviewed and
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approved by the Public Works Department. The Applicant is encouraged to construct improvements while school is not in session.
41. Prior to issuance of final building permits, the Applicant shall provide documentation to
the Public Works Department in order for the San Joaquin Hill Transportation Corridor
Agency slope easement to be modified to accommodate the Project.
42. If the Project is not completed within 60 months of this approval, a new traffic study shall
be prepared and submitted.
43. The Applicant shall continue to explore the implementation of transportation demand management (TDM) strategies such as dispersed arrival patterns, carpool/rideshare
programs, and associated TDM educational materials, to increase the average number
of students per vehicle and reduce the intensity of the peak arrival patterns to the
satisfaction of the Public Works Director.
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EXHIBIT “B”
TRAFFIC IMPACT ANALYSIS