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HomeMy WebLinkAboutZA2013-040 - Approved UP2013-010 for Girl Scouts Leadership Center - 200 18th StreetRESOLUTION NO. ZA2013 -040 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -010 FOR THE GIRL SCOUTS LEADERSHIP CENTER, LOCATED AT 200 18TH STREET (PA2013 -128) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the Girl Scouts of Orange County (GSOC), with respect to the property located at 200 18th Street, and legally described on Exhibit B of Attachment ZA 3 (Ground Lease Agreement). 2. The applicant proposes a minor use permit to allow the operation of a new 4,250 square - foot Girl Scouts facility with a 1,950 square -foot patio area to be located at the northwest corner of the future Marina Park facility. 3. The subject property is located within the PC 51 (Marina Park) Planned Community District and the General Plan Land Use Element category is PR (Park and Recreation). 4. The subject property is located within the coastal zone. 5. A public hearing was held on July 25, 2013, in the Corona del Mar Conference Room (Bay E -15t Floor) at 100 Civic Center Drive, 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 Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. All significant environmental concerns for the proposed project have been addressed in the previously certified Environmental Impact Report SCH No. 2008051096, and the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov/cegadocuments. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Zoning Administrator Resolution No. ZA2013 -040 Pape 2 of 7 Finding A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. The GSOC is a nonprofit corporation that provides organized Girl Scouts programs for girls as chartered by the Girl Scouts of the United States of America. The use of the Girl Scouts facility will be similar to that of the existing facility which includes troop and youth meetings, program activities, overnight stays, and limited adult leadership training. The proposed building is designed as assembly /meeting facility where classes, group meetings, and gatherings would be held. 2. Assembly /meeting facilities are consistent with the General Plan Land Use designation of Park and Recreation as they are intended to provide a facility for public or private recreation use that may include assembly and meeting facilities which include community centers, meeting halls for clubs and other membership organizations, and civic and private auditoriums, etc. 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 1. The lease area of the Girl Scouts facility is located within the Marina Park Planned Community District which has been adopted to accommodate a unique facility in that it would combine community center, park, beach, recreational and visitor - serving boating facility, and a Girl Scouts house. The proposed Girl Scouts facility is consistent with the land uses identified within this planned community district. 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 1. The proposed Girl Scouts facility has been designed to aesthetically complement the Marina Park facility (a community center and sailing center) with curvilinear shapes of the roof, fence and accent entry wall, and uses many of the same materials with similar textures and colors. The height of the Girl Scouts building of 22 feet 6 inches, at the highest point, is consistent with the Marina Park facility, and provides a harmonious fit to the nearby residential properties. 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -040 Pape 3 of 7 2. The new Girl Scouts facility will replace and enhance the current function of the existing Girl Scouts House by providing a more efficient and multi - purpose environment that will be compatible with the Marina Park facility. The new facility is designed to visually and functionally anchor the northwest corner of the Marina Park complex and situated within an area defined by the lease line that encloses 7,156 square feet and serves as the limit for the construction of the new facility. 3. The use of the facility is consistent with the Girl Scouts Mission, which is similar to that of the existing facility, and the operating characteristics of the use are compatible with the anticipated uses planned for the Marina Park complex, which includes a community center, a sailing center and marina, and a public park. 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 1. The facility's main entry fronts the southern parking lot and has suitable physical access and parking for public and emergency vehicles within the driveway to serve the facility. The loading zone along the curb in front of the facility is intended to provide a convenient location for parent drop -off and pick -up, thereby improving the overall parking lot circulation. Finding E. 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, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Findin 1. The proposed Girl Scouts facility has been reviewed and this approval includes conditions to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The proposed new facility has been designed to meet all of the stipulations identified in the ground lease agreement between the GSOC and the City. The operator is required to take reasonable steps to ensure the operation of the Girl Scouts programs will not create a public or private nuisance to the surrounding uses and Marina Park facility. 2. The existing Girl Scouts facility has been operating near this location since 1947 and has not proven to conflict with surrounding uses or proven inconsistent with the surrounding area. The operational characteristics and function of the Girl Scouts 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -040 Paqe 4 of 7 facility at this location will not substantially change from that of the existing facility which has not proven to be detrimental to the surrounding area or the City. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2013 -010, 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 Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 25TH DAY OF JULY, 2013. 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -040 Pape 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Conditions 1. The development shall be in substantial conformance with the approved ground lease agreement and the submitted plans which include 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. Use Permit No. UP2013 -010 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. The Community Development Director shall consider any existing agreements between the applicant and the City, as well as any future agreements, in determining the exercise of Use Permit No. UP2013 -010 and /or granting a time extension. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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 Use Permit. 5. This minor use permit may be modified or revoked by the Zoning Administrator if determined at a public hearing 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. The operation of the Girl Scouts facility shall be consistent with the terms and conditions stated herein and included in the ground lease agreement including but not limited to the use of the facility as identified in Exhibit H of the Ground Lease Agreement, and parking requirements as identified in the Exhibit G of the Ground Lease Agreement. 7. Any change in operational characteristics, expansion in the building area and /or lease area, or other modification to the approved plans, shall require subsequent review and may require an amendment to this use permit or the processing of a new use permit. 8. A copy of the Resolution, including conditions of approval Exhibit A shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. Signs shall be regulated by Chapter 20.42 (Signs) of the Newport Beach Municipal Code and shall be subject to the review and approval of the Public Works Department. 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -040 Pape 6 of 7 10. All trash shall be stored within the designated enclosed trash enclosure area (covered and with three walls and a self - latching gate), except when placed for pick -up by refuse collection agencies. 11. Kayak storage shall be kept within the enclosed outdoor patio area as identified on the approved site plan and storage racks shall be kept at a maximum of height of 6 feet. 12. 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 Girl Scouts Leadership Center including, but not limited to, the Minor Use Permit No. UP2013 -010 (PA2013 -128). 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. 13. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. Public Works Conditions 14. Exterior lighting within the ground lease area shall be regulated by Section 20.30.070 of the Municipal Code and shall be subject to the review and approval of the Public Works Department. 15. The "Catering" kitchen shall be kept as a "non- commercial" grade facility and only be equipped with a residential type stove, microwave, and refrigerator as such the kitchen shall be used as a heat and serve kitchen. This means groups would bring in foods that require minimal preparation. The kitchen shall be used to heat the meals and provide a serving and clean up space. The kitchen shall not be used to prepare and cook or allow food types in the kitchen that would contain grease laden vapors. Signage shall be posted to notifying participants that the kitchen is to be used to heat and serve food only. Fire Department Conditions 16. A separate underground fire line submittal shall be required. 02 -13 -2013 Zoning Administrator Resolution No. ZA2013 -040 Paqe 7 of 7 17. The proposed fire ring shall have combustible clearances as recommended by the manufacturer or the Mechanical Code. 18. Emergency access shall be provided to the building and the rear yard, as determined by the Newport Beach Fire Department, such as a Knox Box which must contain the keys to the main entrance, rear yard, and mechanical rooms. 19. "Activity area" rooms with an occupant load of 50 or more people shall meet the requirements for assembly occupancy. (i.e., two exits from each room, door swings in direction of travel, panic hardware, etc.) 20. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of non - combustible materials, shall contrast with their background, and shall be either internally or externally illuminated to be visible at night. Commercial buildings shall have numbers or addresses placed above or immediately adjacent to all doors that would allow the Fire Department access in an emergency situation. In no case shall the numbers be less than four inches in height for residential and six inches in height for commercial with a one inch stroke. 21. A hood fire suppression system shall be required if any cooking is done which produces grease laden vapors. Building Division Conditions 22. 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. 02 -13 -2013