The URL can be used to link to this page

Home My WebLink About2.0 - Harbor Day School - PA2013-212CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 3, 2014 Meeting Agenda Item 2 SUBJECT: Harbor Day School - (PA2013 -212) 3300 & 3443 Pacific View Drive Conditional Use Permit No. UP2013 -024 APPLICANT: BKF Engineers on behalf of Harbor Day School PLANNER: Rosalinh Ung, Associate Planner (949) 644 -3208, rung @newportbeachca.gov PROJECT SUMMARY A Use Permit to allow Harbor Day School (HDS) to increase the school enrollment by 72 students, from 408 to 480; make improvements to the school's existing parking lot; and improve a portion of the Big Canyon Revervoir site located at 3300 Pacific View Drive for use as an off -site parking lot for traffic queuing and special event parking. There is no increase in building square footage proposed and the additional students will be accommodated within the existing school campus. Applicable conditions of approval from Use Permit No. 1546 and its previous amendments will be carried forward and included in the attached draft resolution for approval; and Use Permit No. 2013 -024 will supersede the previous approvals. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2013 -024 (Attachment No. PC 1). 1 Harbor Day School April 3, 2014 Page 2 LOCATION VICINITY MAP ZONING CURRENT USE ON -SITE PI 0.35 FAR PI 0.35 FAR Private School NORTH HDS's Proposed Off -Site PF City's Reservoir Parking Lot (Existing Contractor New Contractor Yard Yard) Single-unit residential dwellin s EAST PI / Pacific View Memorial Park WEST RM -20 DU /AC RM Multiple - family residential development / HDS's Parkinq Lot ' jll Subject Property I ^ AdUWL_.*A LI ?"ti a f GENERAL PLAN ZONING P, LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE PI 0.35 FAR PI 0.35 FAR Private School NORTH PF PF City's Reservoir SOUTH RS -D R -1 -6,000 Single-unit residential dwellin s EAST PI PI Pacific View Memorial Park WEST RM -20 DU /AC RM Multiple - family residential development 2 Harbor Day School April 3, 2014 Page 3 Project Setting HDS is located on the south side of Pacific View Drive and west of Marguerite Avenue and is surrounded by the Big Canyon Reservoir to the north, Pacific View Memorial Park to the east, single - family residences to the south across San Joaquin Hills Road, and the Bayview Apartments to the west. It is approximately six (6) acres in size and is currently improved with a private school with multiple buildings, playgrounds, a track field, and a parking lot located to the front of the property. The proposed off -site parking lot is currently improved with a contractor yard at the Big Canyon Reservoir. Project Description HDS is proposing to increase the school enrollment by 72 students, from 408 to 480 with no physical improvement or expansion to the existing school campus, or additional faculty proposed. HDS also proposes to make changes to the school's drop -off and pick -up activities by making improvements to the school's existing parking lot and using a portion of the City's reservoir site located on the north side of Pacific View Drive for traffic queuing during the school's normal hours. The new queuing lot will also be used for special event parking during after school hours and on weekends. The proposed increase in school enrollment and the addition of an off -site parking lot require an amendment to Use Permit No. 1546, pursuant to Section 20.54.070.0 (Changes Approved by Original Review Authority) of the Zoning Code. A use permit is also required for the proposed off -site parking lot, pursuant to City Zoning Code Section 20.40.100 (Off -Site Parking). Improvements to School's Parking Lot The existing parking lot is designed with a pick -up and drop -off pattern consisting of a right turn into the parking lot at the westerly driveway, and a left turn exiting at the easterly driveway onto Pacific View Drive. The physical improvements to the school parking lot would be restriping the parking lot, modifying existing landscape areas, reconstructing the existing walkway, and relocating the existing free - standing sign to a nearby location. In addition to the proposed improvements, the existing parking lot will be re- oriented to provide a one -way traffic flow pattern where vehicles will be entering at the easterly driveway and exiting at the westerly driveway. The drive aisle will be widened to allow for a three -lane pick -up and drop -off configuration. This proposed arrangement will allow approximately 24 vehicles to queue up in the on -site parking lot while maintaining the required 36 parking spaces for full -time faculty. 3 Harbor Day School April 3, 2014 Page 4 Improvements to City's Reservoir Site If the City approves a proposed lease agreement with HDS, HDS proposes to convert an existing contractor yard at the Big Canyon Reservoir to an off -site parking lot and vehicle queuing area. The 30,100- square -foot area proposed to be leased to HDS will be designed to accommodate up to 68 vehicles for queuing and 60 spaces for special event parking. HDS will be responsible for all costs associated with the improvements made to the City's property including the relocation of the existing City's contractor yard to an area immediately east of the current site on the City's reservoir site. HDS will also be responsible for the maintenance and upkeep of the off -site parking lot. No overnight parking will be allowed. The improvements to the proposed leased area and new contractor yard would include a new driveway approach, access gates and security walls; removal and replacement of landscaping and trees; relocation of an existing fire hydrant and installation of necessary utilities, storm water runoff and treatment facilities. No new lighting is proposed on the off -site parking lot as there is sufficient lighting provided from the street light poles along Pacific View Drive. A condition precedent to development on the City's reservoir property will be the approval of a lease between the City and HDS. Background Harbor Day School is a private school with classes from kindergarten to 8th grade and was established in 1971 by Use Permit No. 1546. Since that time, several amendments were made to allow the expansion of the facility. The latest amendment was approved in 1999 and included a General Plan Amendment to increase the development limit from 0.30 to 0.35 floor area ratio (FAR), or from 85,646 to 99,708 square feet. The amendment has also allowed the construction of a 12,750- square -foot gymnasium. A list of Use Permit amendments and all conditions of approval for the existing facility is attached as Attachment No. PC 2. A proposed increase in development limit for the school's future expansion is currently under consideration as part of an amendment to the Land Use Element of the City's General Plan. The amendment process does not entitle the school to these expansions, as additional discretionary permits would be required. DISCUSSION Analysis General Plan The HDS property has the General Plan Land Use designation of PI (Private Institutions) which allows privately -owned facilities that serve the public, including 4 Harbor Day School April 3, 2014 Page 5 places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The HDS property has an FAR of 0.35. The proposed use permit amendment is consistent with the General Plan Land Use designation in that the proposed project will not change the development limit as it does not include new construction or introducing a new use to the subject property. The proposed off -site parking lot to be developed on the City's property has the General Plan Land Use designation of PF (Public Facilities) which is intended to provide public facilities, including public schools, cultural institutions, government facilities, community centers, public hospitals and public facilities. The proposed off -site parking lot is consistent with the General Plan Land Use designation in that it is an ancillary use to the existing City's reservoir. Zoning Code The HDS property is zoned PI (Private Institutions) with an FAR of 0.35 which allowed private schools with the approval of a use permit. As mentioned above, Use Permit No. 1546 has been approved and amended several times throughout the years in order to accommodate the operation and physical expansion of the facility. Most recently, the 1999 Amendment served to accommodate the development of a new gymnasium and contains a condition limiting the number of enrolled students to 408 (Condition #3), which HDS is now seeking to amend. The proposed off -site parking area is owned by the City and is located on part of the Big Canyon Reservoir property and zoned PF (Public Facility), which allows public facilities. The proposed off -site parking lot is an ancillary use to the City's reservoir; however, a Use Permit is required for HDS's use of the City property, pursuant to City Zoning Code Section 20.40.100 (Off -Site Parking). Concerns raised during prior amendments to Use Permit No. 1546 were the parking demand generated by the school, traffic circulation, especially student drop -off and pick- up arrangements, and student population. To mitigate these concerns, previous amendments included conditions requiring one parking space for each full -time employee, limited student enrollment, and required faculty to direct morning and afternoon pick -up and drop -off activities. Implementation of these requirements has been effective in controlling traffic issues during pick -up and drop -off times. To our knowledge, there have been no recent complaints or problems with regard to the current circulation, traffic or parking; however, Pacific View Drive is heavily used and is very active during the morning drop -off and afternoon pick -up of students. 0 Harbor Day School April 3, 2014 Page 6 Increase in Student Enrollment and Parkina Demand With regard to the proposed increase in student enrollment, HDS states that the existing school facility has the physical classroom capacity to absorb the proposed increase of 72 students. The Zoning Code does not provide a parking requirement for school uses, but requires the parking requirement to be established through the use permit procedure. Previous amendments to Use Permit No. 1546 have required parking based on the number of full -time employees serving the school, since the facility serves only non - driving age students, from kindergarten to 8th grade. The school's parking lot currently has 36 parking spaces. Since current amendment does not include an increase in the faculty /employees, the faculty parking demand will not change. Traffic Circulation Improvements and Off -Site Parking The current pick -up /drop -off activity is being conducted in the school's existing parking lot with school staff assisting in directing traffic during the peak times. Additionally, HDS has a morning drop -off and afternoon pick -up area located at the back of the school campus, on San Joaquin Hills Road, pursuant to an encroachment agreement approved by the City Council in 1993. HDS expressed a desire to keep this arrangement for convenience and necessary purposes. To facilitate the afternoon traffic flow, which tends to be the most intense, and to accommodate the proposed increase in enrollment, HDS is proposing a new queuing arrangement which consists of four -lane vehicle stacking at the off -site parking lot with staff members stationed at strategic locations to direct vehicles to enter into the school's parking lot in a three -lane configuration for student pick -up. This arrangement will eliminate vehicles queuing on Pacific View Drive. Currently, HDS has 12 staff members opening doors and directing traffic on the HDS property. HDS is proposing to have 16 staff members direct traffic on both the HDS and City properties. No traffic control will be allowed on Pacific View Drive. The City Traffic Engineer has reviewed and is supportive of the proposed traffic queuing arrangement on the off -site parking lot and school parking lot (Attachment No. PC 3). HDS currently utilizes the Saint Michael's Church and United Methodist Church parking lots for special event parking and HDS indicates that this existing arrangement will remain in place. The proposed off -site parking area will provide 60 additional parking spaces for special events and the off -site parking will not be used for routine HDS parking or for parking of other potential uses. Contractor Yard Relocation The existing contractor yard on the City's property will be relocated to the east, at the end of Pacific View Drive. A new security wall, gate, and drive approach will be installed. Tree and landscape replacement and installation of necessary utilities and 0 Harbor Day School April 3, 2014 Page 7 storm water runoff and treatment facilities are also proposed. No conflict is anticipated between HDS's use and the City's use and operation of the reservoir property. Summary Staff believes that the findings necessary for project approval included in the Draft Resolution and the project implementation as described will be adequately controlled through the conditions of approval stated in the Use Permit. The Use Permit application does not include the introduction of uses inconsistent with the land use designation of the site. The increase in the school enrollment would not result in additional parking demand for school faculty; however, the number of pick -ups and drop -offs would increase. With the improvements to the school's existing parking lot and utilization of the City's reservoir site as an off -site parking lot for traffic queuing and special event parking, staff believes the additional vehicles due to the increase enrollment will be accommodated and the existing queuing issues will be improved. As a condition of approval, HDS will have to negotiate a lease agreement between the City and HDS. Such an agreement is currently being negotiated and will require City Council review and approval. In recommending approval of this application, staff recommends that the conditions of approval from Use Permit No. 1546, as amended, be consolidated so that the applicable and relevant conditions are carried forward and incorporated into the Draft Resolution. As recommended by staff, Use Permit No. 2013 -024 will supersede Use Permit No. 1546 and all prior approvals. Environmental Review The project is categorically exempt under Sections 15311 — Class 11 (Accessory Structures) and 15314 - Class 14 (Minor Additions to Schools), of the State CEQA (California Environmental Quality Act) Guidelines. Class 11 consists of construction, or replacement of minor structures accessory to commercial, industrial, or institutional facilities, including small parking lots. The proposed off -site parking lot and improvements made to the school's existing parking lot have been appropriately considered under this CEQA Class Exemption. Class 14 consists of minor additions to schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The proposed increase in student enrollment would qualify for this CEQA Exemption as HDS is requesting a cumulative increase of 22% in student enrollment and no additional classrooms. rW, Harbor Day School April 3, 2014 Page 8 Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the school property and Big Canyon Reservoir site (excluding intervening rights -of -way and waterways) and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: (/;A"] rn-�Xw o allnh Ung r n a Vvisnesifi, rlCP, Deputy Director As ociate Planner ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Entitlement History and Conditions of Approval PC 3 Carpool Proposal PC 4 Project Plans : 10/15/13 N Attachment No. PC 1 Draft Resolution I INTENTIONALLY BLANK PAGE 10 RESOLUTION NO. ## ## A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2013 -024 FOR HARBOR DAY SCHOOL LOCATED AT 3443 PACIFIC VIEW DRIVE (PA2013 -212) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Harbor Day School (HDS), with respect to property located at 3300 and 3443 Pacific View Drive, requesting approval of a Use Permit. 2. The applicant proposes to increase the school enrollment by 72 students, from 408 to 480; make improvements to the school's existing parking lot; and improve a portion of the Big Canyon Reservoir located at 3300 Pacific View Drive for use as an off -site parking lot for traffic queuing and special event parking. There is no increase in building square footage proposed and the additional students will be accommodated within the existing facility. 3. The school property is located within the PI (Private Institutions) Zoning District with a floor area ratio (FAR) of 0.35 and the General Plan Land Use Element category is PI (Private Institutions). 4. The proposed off -site parking lot at the Big Canyon Reservoir is located within the PF (Public Facilities) Zoning District and the General Plan Land Use Element category is PF (Public Facilities). 5. The subject properties are not located within the coastal zone. 6. A public hearing was held on April 3, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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. The project is categorically exempt under Sections 15311 — Class 11 (Accessory Structures) and 15314 - Class 14 (Minor Additions to Schools), of the State CEQA (California Environmental Quality Act) Guidelines. a. Class 11 consists of construction, or replacement of minor structures accessory to commercial, industrial, or institutional facilities, including small parking lots. The proposed off -site parking lot and improvements made to the school's existing parking lot have been appropriately considered under this CEQA Class Exemption. 11 Planning Commission Resolution No. #### Page 2 of 10 b. Class 14 consists of minor additions to schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The proposed increase in student enrollment would qualify for this CEQA Exemption as HDS is requesting a cumulative increase of 22% in student enrollment and no additional classrooms. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The HDS property has the General Plan Land Use designation of PI (Private Institutions) which allows 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 HDS property has an FAR of 0.35. The proposed use permit amendment is consistent with the General Plan Land Use designation in that the proposed project will not change the development limit as it does not include new construction or introducing a new use to the subject property. 2. The proposed off -site parking lot to be developed on the City's property has the General Plan Land Use designation of PF (Public Facilities) which is intended to provide public facilities, including public schools, cultural institutions, government facilities, community centers, public hospitals and public facilities. The proposed off - site parking lot is consistent with the General Plan Land Use designation in that it is an ancillary use to the existing City's reservoir. 3. The proposed improvements to the school's parking lot and the off -site parking are ancillary and in support of the existing private school. There is no impact to the existing use of the subject property or the City's Reservoir site as a result of the proposed increase in the school enrollment. 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. 10 -15 -2013 12 Planning Commission Resolution No. #### Paqe 3 of 10 Facts in Support of Finding: 1. The HDS property is zoned PI (Private Institutions) with an FAR of 0.35 which allows private schools with the approval of a use permit. HDS is a private school with classes from kindergarten to 8th grade and was established in 1971 by Use Permit No. 1546, which has been amended several times throughout the years in order to accommodate the operation and physical expansion of the facility. Most recently, the 1999 Amendment served to accommodate the development of a new gymnasium and contains a condition limiting the number of enrolled students to 408, which HDS is now seeking to increase. 2. The proposed off -site parking area is owned by the City and is located on part of the Big Canyon Reservoir property and zoned PF (Public Facility), which allows public facilities. The proposed off -site parking lot is an ancillary use to the City's reservoir; however, a Use Permit is required for HDS's use of the City property, pursuant to City Zoning Code Section 20.40.100 (Off -Site Parking). 3. According to the applicant, the existing school facility has the physical classroom capacity to absorb the proposed increase of 78 students. The Zoning Code does not provide a parking requirement for school uses, but requires the parking requirement to be established through the use permit procedure. The previous amendments to Use Permit No. 1546 have required parking based on the number of full -time employees serving the school, since the facility serves only non - driving age students, from kindergarten to 8th grade. The existing school's parking lot currently has 36 parking spaces and a condition of approval reflects this number. The faculty parking demand will not be increased or there would be additional parking required for the increased number of non - driving age students. 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 Findinq: 1. The proposed improvements to the existing school's parking lot and the addition of the off -site parking lot to be used for traffic queuing and special event parking would result in an improvement to the existing daily pick -up and drop -up activities associated with the school and would improve rather than cause additional undue traffic impacts to the local street system. 2. The proposed design and improvements to the school's parking lot and off - street parking lot have been reviewed and approved by the Public Works and Municipal Operations Departments to ensure that they would be functional and compatible with the existing uses in the vicinity. 10 -15 -2013 2� Planning Commission Resolution No. #### Paqe 4 of 10 3. The proposed off -site parking lot does not abut sensitive uses and is designed to accommodate additional vehicles attributable to the increased enrollment as well as alleviate existing congestion on Pacific View Drive experienced under current operations. 4. The existing contractor yard located at 3300 Pacific View Drive will be relocated to the east of the existing site, at the end of Pacific View Drive. A new security wall, gate, and drive approach will be installed. Tree and landscape replacement and installation of necessary utilities, and storm water runoff and treatment facilities are also included in this project. No conflict is anticipated between the existing school parking lot and the proposed use of the reservoir property for traffic queuing and parking purposes. 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. HDS is a private school that was established in 1971 by Use Permit No. 1546. Since that time, several amendments were made to accommodate the operation and physical expansion of the facility. The proposed improvements to the existing school's parking lot and the off -site parking lot have been reviewed by the Fire and Municipal Operations Department to ensure adequate access for public and emergency vehicles. Access to the City's reservoir will be maintained and accessible to City staff at all times. Additionally, the City Traffic Engineer has reviewed and is supportive of the proposed traffic queuing arrangement of the off -site parking lot and school parking lot. With the proposed conditions of approval, no conflicts in traffic circulation or queuing problems are anticipated and the current locations and design of the driveways can accommodate the increased vehicle movements. In accordance with Section 20.40.100.13 of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit for an off -site parking lot are set forth: Finding: A. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: 1. The proposed off -site parking lot is located on the north side of Pacific View Drive, immediately across from the school campus, and conveniently accessible to the school. The proposed design and improvements to the off - street parking lot have been reviewed and approved by the Public Works and Municipal Operations Departments to 10 -15 -2013 14 Planning Commission Resolution No. #### Paqe 5 of 10 ensure that they would be functional and readily accessible for the queuing of vehicles during the drop -off and pick -up times and parking for special events. Finding: B. On- street parking is not being counted towards meeting parking requirements. Facts in Support of Finding: 1. On- street parking along Pacific View Drive is not being counted towards meeting parking requirements for the existing school and the school's parking lot currently has 36 parking spaces as required by Use Permit No. 1546 and its previous amendments. Finding: C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. The off -site parking lot will be used as a vehicle queuing area in order to facilitate the afternoon traffic flow, which tends to be the most intense, and to accommodate the proposed increase in enrollment. The new queuing arrangement consists of four -lane vehicle stacking with staff members stationed at strategic locations to direct vehicles to enter into the school's parking lot in a three -lane configuration for student pick -up. This arrangement will eliminate vehicles queuing on Pacific View Drive and thereby will not create undue traffic hazards or impacts in the immediate area. The City Traffic Engineer has reviewed and is supportive of the proposed traffic queuing arrangement on the off -site parking lot. Finding: D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. HDS is negotiating with the City for the use of a portion of Big Canyon Reservoir for traffic queuing and special event parking. The 30,100— square -foot area proposed by HDS for lease will be designed to accommodate up to 68 vehicles for queuing and 60 spaces for special event parking. HDS will be responsible for all costs associated with the improvements made to the City's property. HDS will also responsible for the maintenance and upkeep of the off -site parking lot. 10 -15 -2013 2J� Planning Commission Resolution No. # # ## Paqe 6 of 10 NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves UP2013 -024, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This resolution supersedes Use Permit No. 1546 and its amendments, which upon vesting of the rights authorized by Use Permit No. 2013 -024, shall become null and void. 3. This action shall become final and effective 14 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 3rd DAY OF APRIL, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Bradley Hillgren, Chairman Kory Kramer, Secretary 10 -15 -2013 10 Planning Commission Resolution No. #### Paqe 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING The development shall be in substantial conformance with the approved site plan, 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. Harbor Day School 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. 4. This Use Permit 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 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities 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. 10. 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 10 -15 -2013 17 Planning Commission Resolution No. #### Paqe 8 of 10 attract large crowds or any other activities as specified in the Newport Beach Municipal Code to require such permits. 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 Harbor Day School application including, but not limited to, Use Permit No. 2013 -024. 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. 12. Prior to the issuance of building permit, the lease between HDS and the City for the improvement and use of the off -site parking lot shall be recorded. 13. The number of students enrolled at the school shall not exceed 480 students at any time. 14. One parking space for each full -time faculty member (36 spaces) shall be provided on- site. 15. An adequate number of bicycle storage racks shall be provided at the school facility. 16. Special events including, but not limited to, theatrical presentations and athletic events which involve the attendance of parents and visitors shall be permitted to occur simultaneously in the auditorium and the new gymnasium but only within the occupancy of the existing multipurpose room as determined by the Fire Department. 17. The existing gymnasium building shall be limited to a maximum overall height of 41 feet 6 inches. 18. Harbor Day School shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be included within this requirement. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 of the Municipal Code, the Community Development Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the use and to develop a set of corrective measures necessary in order to ensure compliance. 10 -15 -2013 Wr Planning Commission Resolution No. #### Paqe 9 of 10 19. No outdoor loudspeaker or paging system shall be permitted in conjunction with the gymnasium operation. 20. All outdoor storage and trash areas shall be screened from view from Pacific View Drive and adjoining properties. 21. The use of the off -site parking lot shall be consistent with the terms and conditions stated herein and included in the lease agreement. 22. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect for the off -site parking lot. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Municipal Operations Department and Planning Division. 23. 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 be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Building Division Conditions 24. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 25. 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 storm water 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 Conditions 26. The driveway to the new queuing area shall be a minimum of 24 feet wide and shall align with the centerline of Marguerite Avenue. Modifications to the gated entry (i.e. gate, drive aisle and wall) to the Big Canyon Reservoir Yard may be required upon further review by the Municipal Operations Department and Public Works Department. 10 -15 -2013 19 Planning Commission Resolution No. #### Paqe 10 of 10 27. The off -site parking lot driveway located at Marguerite Avenue and Pacific View Drive shall be modified to comply with ADA requirements to ensure that an ADA pathway is provided. 28. The damaged driveways along Pacific View Drive adjacent to Harbor Day School shall be reconstructed and modified to comply with ADA pedestrian pathway requirements. 29. Student drop -off and pick -up procedures shall be subject to further review by the City Traffic Engineer. Modifications to these procedures shall be reviewed and approved by the Community Development Director and Traffic Engineer. Also, should problems arise in the future with regard to these procedures, the applicant shall work directly with the City Traffic Engineer to resolve said problems and concerns. 30. School staff shall only be allowed to direct queuing traffic within the off -site parking lot and the schools parking lot. School staff shall not direct traffic within the public right -of- way. 31. The applicant shall be required to modify the internal reservoir circulation as directed by the Municipal Operations Department. 32. The applicant shall effectively and efficiently control queuing of vehicles on -site to ensure that this operation does not impact the Marguerite Avenue and Pacific View Drive right -of -ways. 33. The existing fire hydrant located within the proposed queuing lane at the off -site parking lot shall be relocated to Pacific View Drive at minimum of 5 feet from the new driveway approach, per City Standard STD - 500 -L. 10 -15 -2013 20 Attachment No. PC 2 Entitlement History and Conditions of Approval 21 INTENTIONALLY BLANK PAGE 22 Harbor Day School — Entitlement History & Conditions of Approval GP Update 2006 • To increase the development limit from 0.30 to 0.35 FAR (from 85,646 to 99,708 sf.) GPA #99 -1(E) — April 12, 1999 • To increase the development limit from 0.15 to 0.30 FAR (from 42,823 to 85,646 sf.) Use Permit #1546 Amendment —March 18, 1999 To construct a 12,750 sf. gym including storage facility, weight and locker rooms, & offices • To allow the gym exceed the 32 -foot height limit Conditions: 1. The development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. All previous Conditions of Approval of Use Permit No. 1546 shall remain in effect, except as noted below. 3. The number of students enrolled at the school shall not exceed 408 students at any time. 4. One parking space for each full -time faculty member (36 spaces) shall be provided on -site. 5. Special events including, but not limited to, theatrical presentations and athletic events which involve the attendance of parents and visitors shall net be permitted to occur simultaneously in the auditorium and the new gymnasium but only within the occupancy of the existing multipurpose room as determined by the Fire Department. 6. The approval of Use Permit No. 1546 Amended is subject to City Council's final approval of GPA 97 -3 (D). 7. The new gymnasium building shall be limited to a maximum overall height of 40 feet 41 feet 6 inches. 8. The Headmaster of the school facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be included within this requirement. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by 23 the project exceeds the noise standards established by Chapter 20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the use and to develop a set of corrective measures necessary in order to insure compliance. 9. The project shall be designed to eliminate light and glare onto adjacent properties or uses. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 10. No outdoor loudspeaker or paging system shall be permitted in conjunction with the gymnasium operation. Standard Requirements: 1. The project shall comply with State Disabled Access requirements. 2. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. The proposed gymnasium facility and related structures shall conform to the requirements of the Uniform Building Code. 6. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to furtherreview by the City Traffic Engineer. 7. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. Harbor Day December 2, 2013 Page 2 24 8. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20. 91.050A of the Newport Beach Municipal Code. Use Permit #1546 Amendment — March 21, 1996 • To construct a new 8,108 sf. building (2 art labs, pottery storage, wood shop and machine area, a science lab, music room and restroom facilities) • To remove of an existing 2,536 sf. building (art lab, wood shop & pottery area) • Additional 14 students and 5 faculty since 1990 Conditions: 1. That the proposed development shall in substantial conformance with the approved site plan, floor plans and elevations, except as noted in the following conditions of approval. 2. That all previous applicable conditions of approval of Use Permit No. 1546 and subsequent amendments approved September 21, 1972, May 19, 1983 and January 4, 1990 shall remain in effect. 3. That a minimum of one parking space shall be provided for each full -time employee and faculty member (35 spaces plus 1 handicap space) and that the on site parking spaces shall be available for use by the full -time teachers, administrative faculty and employees at all times. That prior to issuance of building permits, the final parking lot striping plan shall be approved by the City Traffic Engineer. 4. That prior to issuance of building permits, the applicant shall provide information to the City Traffic Engineer establishing the traffic and pedestrian circulation with regard to student drop -off and pick -up. Also, should problems arise in the future with regard to the student drop -off and pick -up, that the applicant shall work directly with the City Traffic Engineer to resolve said problems and concerns. 5. That the proposed new structure shall be equipped with an automatic fire sprinkler system and fire alarm system to the satisfaction of the Fire Department and in accordance with Fire Code requirements. 6. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use Harbor Day December 2, 2013 Page 3 25 permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 7. This use pennit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 8. That prior to issuance of building permits, the applicant shall correct the signage of the overhead sign located on San Joaquin Hills Road by replacing the "SCHOOL XING" sign with a "SCHOOL" sign. Use Permit #1546 Amendment — January 4, 1990 • To permit the construction of 3 new classrooms, expansion of 2 existing classrooms, construction of a new storage room, expansion of an existing storage room, and construction of various mechanical rooms. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans, elevations and sections, except as noted below. 2. That all previous applicable conditions of approval of Use Permit No. 1546 and subsequent amendments approved on September 21, 1972, and May 17, 1983 shall remain in effect. 3. That all outdoor storage and trash areas shall be screened from view from Pacific View Drive and adjoining properties. 4. That a minimum of 29 standard size parking spaces and 1 handicapped parking space shall be provided on -site. The required handicapped parking space shall be used solely for handicapped self - parking and shall be identified by a handicapped sign on a post and a handicapped sign on the pavement. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 7. That the displaced and tree damaged portions of sidewalk be reconstructed and the tree roots pruned along the Pacific View Drive frontage under encroachment permit issued by the Public Works Department. Harbor Day December 2, 2013 Page 4 20 8. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit, cause injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 9. That is Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit #1546 Amendment — May 19, 1983 • To construct additional administrative and office space and to include the retention of two previously approved prefabricated buildings on a permanent basis. Conditions: That the proposed development shall be in substantial conformance with the approved plot plan, floor plan, and elevations. 2. That all applicable conditions of approval of Use Permit No. 1546 and 1546 (Amended) shall remain in effect. 3. That the prefabricated buildings shall be considered permanent structures. Use Permit #1546 Amendment — September 21, 1972 • To permit temporary use of a relocatable building for locker room purposes and maintenance and storage operation and to delay required landscaping along San Joaquin Hills Road in the Edison Company easement. Conditions: 1. That development of the relocatable building shall be according to the approved plot plan, except for minor modifications approved by the Department of Community Development. 2. That the relocatable building shall be in compliance with all requirements of the Uniform Building Code. 3. This approval for the relocatable building shall for a three (3) year period. Any extension of time beyond the three (3) year period shall be reviewed by the Modifications Committee. Harbor Day December 2, 2013 Page 5 27 Use Permit #1546 —September 2, 1971 • Use Permit for a private school Conditions: 1. The landscape plans, as submitted, be amended to provide for suitable ground cover within the Southern California Edison Company easement adjacent to San Joaquin Hills Road. 2. That an adequate number of bicycle storage racks be provided. 3. All illumination shall be shielded or directed so as to confine direct rays to the subject property. 4. That a separate plan showing the details of the water service connection in Pacific View Drive and the sewer lateral connection in San Joaquin Hills Road be submitted to the Public Works Department for review and approval. 5. That parkway trees be planted along the Pacific View Drive frontage in accordance with the requirements and specifications of the Parks, Beaches and Recreation Department; that the standard street tree inspection fee of $3 per tree be paid; and that a satisfactory parkway sprinkler system be installed. 6. That separate arrangements be made with the Parks, Beaches and Recreation Department for the future planting of parkway trees and installation of a parkway sprinkler system along the San Joaquin Hills Road frontage. 7. That a 20 -foot wide storm drain easement be dedicated to the City covering the new 42 -inch R.C.P. storm drain that was constructed recently in conjunction with the site grading. 8. That no trees or large shrubs be planted in the existing 15 -foot wide water easement of the 20 -foot wide storm drain easement required in the previous condition of approval. 9. That no surface and landscaping improvements be placed in the 15 -foot wide water easement along the northeasterly edge of the site until the 16 -inch "Zone IV" water main proposed for construction by the City in the near future has been completed. Harbor Day December 2, 2013 Page 6 MAr Attachment No. PC 3 Carpool Proposal �9 INTENTIONALLY BLANK PAGE so March 10, 2014 Community Development Department Planning Division 100 Civic Center Drive Newport Beach, CA 92660 Harbor Day School Front Carpool Statistics and Proposal Morning Front Carpool Morning front carpool starts at 7:30 and end at B:OOam. During that time there is only a brief period, right before 8:00, that there is some congestion around the intersection of Marguerite Ave. and Pacific View Drive. Changing the entrance of front carpool to the east end of Pacific View Drive should relieve or eliminate any congestion at this intersection. Currently, 6 to 8 administrators and teachers open doors for students at front carpool. No additional teachers are necessary for traffic control in the morning. Afternoon Front Carpool: Currently an average of 77 cars use the afternoon front carpool (see Front Carpool Statistics Oct 2012 -June 2013) from a period of time between 2:40 and 3:20. At its peak, just after 3 pm, approximately 60 cars will be queued up waiting to pick up their child. These cars currently sit on Pacific View Drive in front of the apartments, St. Michael's Church and all the way down to and sometimes in front of Lincoln Elementary and on Marguerite Ave. down to the San Joaquin intersection. The proposed carpool queuing area will accommodate all cars off the street, greatly improving traffic flow and congestion during afternoon carpool. Staffing for Afternoon Front Carpool: Currently each of the seven grade levels has a teacher assigned to it and twelve teachers open doors and help direct traffic. In the proposed plan, four more teachers would be added to the traffic control to help direct traffic within the proposed carpool queuing area (See Front Carpool Staffing Map). Front Carpool Procedures: Three teachers and a Queuing Captain (orange dots on the Front Carpool Staffing Map) will be positioned in the Carpool Queuing Area. Ten teachers and a Carpool Pickup Area Captain (red dots on the Front Carpool Staffing Map) will be positioned in the Pickup Area. The Queuing Captain will be in communication with the Carpool Area Captain via walkie- talkie to regulate the flow of cars. The Carpool Pickup Area Captain will use a handheld Stop /Slow sign to control carpool. The Queuing captain will use a handheld flag to control which line of cars are allowed to leave the Carpool Queuing Area. All cars picking students up for afternoon carpool will pull into the Carpool Queuing Area. At 3pm the first 24 cars will be allowed to cross the street and form three lines of eight cars in the HDS Parking Lot Pickup Area. A teacher calling names over a loud speaker will be positioned at the entrance of the Pickup Area (yellow dot on Front Carpool Staffing Map). Seven teachers (blue dots on Front Carpool Staffing Map) will be assignment to manage students waiting for their carpools. Teachers assigned to the Pickup Area (red dots) help open doors 31 and ensure all students get to into their cars and out of traffic before cars are allowed to move to exit the parking lot. Once all 24 cars are loaded and all students clear of traffic, the Carpool Pickup Area Captain will let the cars exit the HDS parking lot. Once all of the cars have exited the parking lot, the Carpool Pickup Area Captain will alert the Queuing Captain to let the next 24 cars exit the Carpool Queuing Area and form three lines of eight cars in the HDS Parking Lot and Pickup Area. Staff will be trained in the proposed procedure. Security: The current 6 foot high wall, which prohibits visual observation of this area from the street will be reduced to 2 feet, allowing for surveillance from the street. The proposal is to restrict access to this area with a bollard and chain system. Existing street lamps already illuminate this area at night. San Joaquin Hills Road Pick -up and Drop -off: This proposal will not change the current pick -up and drop -off operations that take place on San Joaquin Hills Road. Sincerely, Dr. Daniel R. Greenwood Headmaster Harbor Day School Front Carpool Statistics Oct - June 33 Number Wednesday, October 10, 12 71 Friday, March 29, 13 72 Thursday, October 11, 12 107 Wednesday, April 3, 13 82 Friday, October 12, 12 84 Monday, April 8, 13 80 Monday, October 15, 12 76 Tuesday, April 9, 13 84 Tuesday, October 16, 12 81 Wednesday, April 10, 13 82 Monday, October 22, 12 80 Monday, April 22, 13 74 Tuesday, October 23, 12 77 Tuesday, April 23, 13 87 Wednesday, October 24, 12 75 Wednesday, April 24, 13 80 Thursday, October 25, 12 81 Monday, April 29, 13 78 Friday, October 26, 12 81 Wednesday, May 1, 13 72 Thursday, December 13, 12 75 Thursday, May 2, 13 78 Friday, December 14, 12 80 Friday, May 3, 13 73 Monday, December 17, 12 71 Monday, May 6, 13 77 Tuesday, December 18, 12 78 Tuesday, May 7, 13 72 Monday, January 7, 13 83 Wednesday, May 8, 13 75 Tuesday, January 8, 13 76 Monday, May 13, 13 80 Wednesday, January 9, 13 84 Wednesday, May 15, 13 80 Thursday, January 10, 13 72 Thursday, May 16, 13 72 Wednesday, January 16, 13 70 Friday, May 17, 13 72 Thursday, January 17, 13 78 Monday, May 20, 13 77 Tuesday, January 22, 13 76 Tuesday, May 21, 13 79 Wednesday, January 23, 13 76 Wednesday, May 22, 13 72 Thursday, January 24, 13 82 Thursday, May 23, 13 79 Wednesday, February 6, 13 74 Tuesday, May 28, 13 79 Thursday, February 7, 13 77 Wednesday, May 29, 13 73 Monday, February 11, 13 68 Thursday, May 30, 13 70 Tuesday, February 12, 13 80 Monday, June 3, 13 79 Monday, February 25, 13 74 Tuesday, June 4, 13 82 Wednesday, February 27, 13 73 Wednesday, June 5, 13 73 Thursday, March 7, 13 72 Friday, June 7, 13 80 Monday, March 11, 13 83 Wednesday, March 13, 13 63 Ave 77 Thursday, March 14, 13 68 Tuesday, March 19, 13 82 Wednesday, March 20, 13 72 Thursday, March 21, 13 75 Friday, March 22, 13 75 Monday, March 25, 13 77 Thursday, March 28, 13 73 33 INTENTIONALLY BLANK PAGE Attachment No. PC 4 Project Plans 35 INTENTIONALLY BLANK PAGE YIWgJ 5 MD Natl38 lW.M a �v Jl8 `� 31210 M31A 0131OVd £4b£ ' } 100HOS AVG 8086VH i s NV"ld 9N63no 0 -t z 5 ca\ Q U' Y \ 3 \ . w • va \ Cr� H La- • S H I �I I�I�I Itll� �� V I I I OJ ❑ ° I# � � � �. U Cl U U itc __ _____________. H z LLLL �ICil�l�l I�I' W 'a Q o z�I Irgrl I� U E a I�I�I r LL- nI IDInI In d i 3 o 0 a C) Ir� z 0 ry w �� vs �� rirvnoer> xlx 3>NVnO {64£ X]r>B ln>G3x �� aaq �M�-■� ® 3AI210 M31A N Jl011 n MAA Iy' 100HOs AVG 8088VH 0 62 �� Sa` 0 a a R x ®- .0 i I I I sl �uu -9� It I I I�❑ I fil R a 8 IIeY� IlC I{{I�...I{{I II LI��Y I I ,I{pp�J1 I i�Y I I �pp19 I yy _ �I PP LII �� r •�� a $ r1 a n E d 6;9i sa�� ,Y �I rwnOfnv'J "NmI Mw bv381Y0dv.3x 3A180 M31A :)Ijlz)vd 90K 100HOS AVO 2f086VH NV-ld ONISVHd 9Ninmo '— N � I I I I I `� B GG99pj o ( I I I I E B o IIIII =a9B= a B� i' 1 B�;• � °;;� °; _ 'lase !B,9B'�BI oing II II ------------------- ill IIIII IIIII IIIII. IIIII 11111 IIII IIII1 IIIII IIIII i IIII IIIII IIIII` 98 � B�'• I6 B - 8 'I _ = ,IIII A�fl�,}}AppIA I IIIII ---- - - - - -- - - - - -- I II - - - - - -- Y IIIII � ° 0 'A fl it ll •.. 1 1 1 1 1 i� IIIII IIIII I I I e-••YY ��- IIR[.� ii�iiYflY��.T CC- ilwvwud/•'•0 39