HomeMy WebLinkAbout03 - 03_CHALK Minor Use Permit - PA2016-072 COMMUNITY DEVELOPMENT DEPARTMENT
VPLANNING DIVISION
low 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
cq�iFOw�avP 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 11, 2016
Agenda Item No. 3
SUBJECT: CHALK of Newport Beach Minor Use Permit (PA2016-072)
2500 West Coast Highway
• Minor Use Permit No. UP2016-017
APPLICANT: CHALK of Newport Beach LLC
OWNER: Robin J. Humphries
PLANNER: Chelsea Crager, Assistant Planner
(949) 644-3227, ccrager@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: MU-MM (Mixed-Use - Mariners' Mile)
• General Plan: MU-H1 (Mixed-Use Horizontal)
PROJECT SUMMARY
A minor use permit to allow a day care center/preschool with a capacity of 72 students and
10 staff members. Proposed hours of operation are 7:30 a.m. to 5:30 p.m., Monday
through Friday. The gross floor area of the existing building is 5,035 square feet with 14
proposed parking spaces and an approximately 450 square-foot outdoor playground.
Vehicular access to the property, including drop-off and pick-up of children, will be from the
alley at the rear of the property.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2016-017 (Attachment No. ZA 1).
DISCUSSION
• The proposal is for a child day care accommodating up to 72 children in a 5,035
square-foot building, taking the place of a vacant space previously occupied by a
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CHALK of Newport Beach Minor Use Permit
Zoning Administrator, August 11, 2016
Page 2
boat sales/marine retail use. Proposed hours of operation are 7:30 a.m. to 5:30
p.m. Monday through Friday, with half and full day programs offered. Drop-off
times are 7:30 a.m. to 10:30 a.m. and pick-up times are 11:30 a.m. to 12:30 p.m.
and 2:30 p.m. to 5:30 p.m. Staff recommends allowing the establishment to
operate between 7:30 a.m. and 6:30 p.m., Monday through Friday, to allow for
flexibility in operation and late pick-ups.
• The subject property is a 0.43-acre lot located on the north side of West Coast
Highway in Mariners' Mile. The zoning designation for the subject property is
Mixed Use, Mariners' Mile (MU-MM). It is developed with one 2-story building
previously occupied by a boat retail use. The property is surrounded by MU-MM
zoned properties to the east and west, Mixed Use, Water Related (MU-W1)
zoned properties to the south across West Coast Highway, and a Public Facilities
(PF) zoned property to the north. The subject property is located less than 100
feet from Ensign View Park and a Single-Unit Residential (R-1) neighborhood.
• Properties fronting on Coast Highway in the MU-MM Zoning District, such as the
subject property, may be developed for nonresidential uses only. General day
care uses are permitted within this zoning district, subject to approval of a minor
use permit pursuant to Table 2-8 of the Newport Beach Municipal Code Section
20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements).
• The subject property is located in the Mixed Use Horizontal (MU-H1) General
Plan Land Use Designation, and the proposed use is consistent with this
designation.
• The proposed day care includes four classrooms, a reception area, a closet, and
an electrical room on the first floor. The second floor consists of two offices, a
restroom, and an employee lounge. The project also includes two outdoor play
areas totaling approximately 6,600 square feet, landscaping, and 14 parking
spaces.
• General day care facilities require one parking space per seven occupants based
on maximum occupancy allowed per license. The applicant proposes a license
for up to 72 students, which results in a parking requirement of 11 parking
spaces. The proposed site plan provides 14 spaces and complies with parking
requirements.
• Pursuant to Section 20.48.070 (Day Care Facilities Adult and Child) of the
Newport Beach Municipal Code, general day care facilities are permitted on sites
with a minimum lot size of 10,000 square feet. The minimum setback between a
main assembly building and a residential zoning district shall be thirty (30) feet,
and the facility shall provide indoor and outdoor play areas in compliance with
State requirements. The outdoor play area is required to contain at least seventy-
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CHALK of Newport Beach Minor Use Permit
Zoning Administrator, August 11, 2016
Page 3
five (75) square feet per child and be enclosed by a four-foot high fence. The
subject property is approximately 18,807 square feet in size, maintains a
distance of over 200 feet between the main building and a residential zoning
district, and provides approximately 6,600 square feet of outdoor play area
enclosed by a 6-foot fence.
• The minimum lot size for a child day care facility is 10,000 square feet.
Additionally the facility must maintain at least a 30-foot separation between the
main assembly building and a residential zoning district and an outdoor play area
with at least seventy-five (75) square feet per child.
• Access to the property, including drop-off and pick-up activities, will be from an
alley behind the property by way of Tustin Avenue. The Public Works
Department has reviewed the drop-off and pick-up plan and provided
recommended conditions of approval, including a condition to prevent queuing
onto the alley, as well as staff assisting parents during peak drop-off and pick-up
times.
• The project is required to comply with Chapter 10.26 (Community Noise Control)
of the Newport Beach Municipal Code. The chapter identifies a maximum noise
standard for residential properties. Due to the proximity of the subject property to
residential properties, the applicant submitted an acoustical report prepared by
Newton Brown Acoustics, LLC (Attachment No. ZA 4). The acoustical report
assumed that up to 18 children (one class) would be outside at a given time and
concluded that with recommended acoustical barriers in place, the project will
comply with Community Noise Control standards.
• The acoustical report recommends a minimum 6-foot tall barrier be incorporated
surrounding the northern and northwestern playground areas as well as a 7-foot
tall barrier where the gap occurs in the southeastern adjacent buildings. Barriers
are recommended to be constructed of impervious material weighing at least 4
pounds per square foot and free of gaps. These recommendations are further
detailed in the acoustical report (Attachment No. ZA 4) and a condition of
approval has been included requiring compliance with the acoustical report's
recommendations.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment. This exemption authorizes minor alterations to existing
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CHALK of Newport Beach Minor Use Permit
Zoning Administrator, August 11, 2016
Page 4
structures involving negligible or no expansion of use. The proposed project involves the
establishment of a preschool and does not result in an expansion of floor area.
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 site (excluding intervening rights-of-
way and waterways), including the applicant, and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development
within 14 days following the date of action. For additional information on filing an appeal,
contact the Planning Division at (949) 644-3200.
Prepared by:
IFit
Chelsea Crager, As� tant Planner
GBR/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Description
ZA 4 Acoustical Report
ZA 5 Project Plans
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J
Attachment No. ZA 1
Draft Resolution
5
RESOLUTION NO. ZA2016-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-017 FOR A NEW PRESCHOOL LOCATED AT 2500
WEST COAST HIGHWAY (PA2016-072)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by CHALK of Newport Beach, LLC, with respect to property
located at 2500 West Coast Highway, and legally described as Lot 2 of Parcel Map 90-
173, requesting approval of a minor use permit.
2. The applicant proposes a minor use permit to allow a day care center/preschool with a
capacity of 72 students and 10 staff members. Proposed hours of operation are 7:30
a.m. to 5:30 p.m., Monday through Friday. The gross floor area of the existing building is
5,035 square feet with 14 proposed parking spaces and an approximately 6,600 square-
foot outdoor playground. Vehicular access to the property, including drop-off and pick-up
of children, will be from the alley at the rear of the property.
3. The subject property is located within the Mixed Mariners' Mile (MU-MM) Zoning District
and the General Plan Land Use Element category is Mixed Use Water Horizontal (MU-
H1).
4. The subject property is located within the coastal zone and designated as Mixed Use
Horizontal (MU-H).
5. A public hearing was held on August 11, 2016, in the Corona del Mar Conference Room
(Bay E-1st Floor) 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
Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities) of the Guidelines for CEQA.
2. The Class 1 exemption authorizes minor alterations to existing structures involving
negligible or no expansion of use. The proposed project involves interior
improvements to convert a boat retail space into a day care facility and involves no
expansion in floor area.
Zoning Administrator Resolution No. ZA2016-###
Page 2 of 10
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.E (Conditional Use Permits and Minor Use Permits —
Findings and Decision) of the Newport Beach Municipal Code, the following findings and
facts in support of such findings 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 General Plan Land Use Designation for the subject property is Mixed Use
Horizontal (MU-H1), which permits marine-related and highway-oriented general
commercial uses in accordance with CM (Recreational and Marine Commercial) and
CG (General Commercial) designations. The proposed general day care is a use that
is permitted with approval of a minor use permit and is therefore consistent with the
General Plan.
2. The subject property is not a part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The subject property is located within the Mixed Use Mariners' Mile (MU-MM) Zoning
District, which is intended to permit nonresidential uses fronting on Coast Highway.
Day care facilities are permitted in this zoning district with the approval of a minor use
permit.
2. Pursuant to Table 3-10 in Zoning Code Section 20.40.040 (Off-Street Parking Spaces
Required), general day care uses are required to provide one parking space for every
seven occupants based on the maximum occupancy allowed per license. The
proposed maximum occupancy is 72 students; therefore, the project requires 11
spaces. The proposed project includes surface parking with 14 parking spaces.
3. Pursuant to Section 20.48.070 (Day Care Facilities — Adult and Child), the preschool
will comply with the development standards for a general day care facility. The site
complies with minimum lot size and the proposed facility complies with the minimum
separation distance and outdoor play area size to allow a general day care use.
4. Based on the proposed project description, the project is anticipated to generate
approximately 315 daily trips. Trip generation information for the existing marine sales
operations is not readily available. Assuming a standard General Office trip generation
rate, the existing use is forecast to generate 56 daily trips. Therefore, the net increase
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in trips is forecast to be 259 daily trips, and therefore no Traffic Phasing Ordinance
study is necessary.
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 preschool will operate as a typical general day care use. The design
includes a parking area to facilitate children's drop-off/pick-up, landscaping, and
outdoor play areas. Zoning Code required parking is provided, ensuring that
employees and parents dropping off children may park onsite.
2. The project is conditioned to comply with the recommendations of the submitted
acoustical report, including a maximum of 18 children playing outside at one time and
the construction of the recommended sound attenuation barriers, to ensure
compatibility with residential neighbors. The recommended barriers are a 6-foot barrier
on the north and northwestern sides of the playground and a 7-foot barrier where a
gap occurs in the southeastern adjacent buildings. Barriers are recommended to be
constructed of impervious material weighing at least 4 pounds per square foot.
3. Commercial and residential uses are allowed in the vicinity. As conditioned, the
proposed preschool is compatible with the surrounding residential and commercial
uses because it will comply with Zoning Code requirements regarding noise, parking,
and odor.
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 subject property is 0.43 acre (18.807 square feet) in size, generally rectangular in
shape and is located in a commercial area with residential uses nearby. The day care
is proposed to occupy an existing two-story commercial building.
2. The project includes 14 parking spaces, which exceeds the Zoning Code requirement
of 11 spaces. Adequate trash storage facilities for the preschool are provided in an
enclosed area, thereby preventing any odor or related issues for the residential and
commercial uses nearby.
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3. The site has vehicular access from the alley at the rear of the property. Access,
circulation, and the drop-off/pick-up plan has been reviewed by the Public Works
Department.
4. The Public Works Department, Building Division, and Fire Division have reviewed the
application. The project is required to obtain all applicable permits from the City
Building Department and must comply with the most recent, City-adopted version of
the California Building Code.
5. The project is required to maintain a 5-foot wide clear path from Coast Highway to the
main entrance to allow for adequate Fire Department access.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. Adequate public and emergency vehicle access, public services, and utilities are
provided on-site.
2. Adequate trash storage facilities for the day care facility are provided in a 48 square-
foot enclosed storage area, thereby preventing any odor or related issues for the
nearby commercial and residential uses.
3. As demonstrated in the acoustical report prepared by Newson Brown Acoustics, LLC,
the preschool, as conditioned, is expected to operate in compliance with the noise
standards within the Municipal Code.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2016-017, 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 (14) days following the date this
Resolution was adopted 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 11" DAY OF AUGUST, 2016.
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BY:
Patrick J. Alford, Zoning Administrator
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Zoning Administrator Resolution No. ZA2016-###
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
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 applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this Minor Use
Permit.
3. The Minor Use Permit may be modified or revoked by the Zoning Administrator if
determined that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
4. Any change in operational characteristics, expansion in area, increase in number of
children, or other modification to the approved plans may require an amendment to this
Minor Use Permit or the processing of a new permit.
5. Hours of operation shall be limited to 7:30 a.m. to 6:30 p.m. Monday through Friday. Any
increase in the hours of operation shall be subject to the approval of an amendment to
this Minor Use Permit or the processing of a new use permit.
6. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets in accordance with Newport Beach Municipal Code Section
20.30.020 (Buffering and Screening), and shall be sound attenuated in accordance with
Chapter 10.26 (Community Noise Control).
7. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in
accordance with Chapter 15.38 of the Newport Beach Municipal Code or a waiver of
these fees shall be approved by the City Manager.
8. All proposed signs shall be in conformance with Chapter 20.42 (Signs) of the Newport
Beach Municipal Code.
9. 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.
10. The preschool is allowed a maximum of 72 children and 10 staff.
11. A total of 14 parking spaces shall be maintained on-site and available for parking at all
times.
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12. The project shall comply with the recommendations provided in the acoustical report
dated May 26, 2016 prepared by Newton Brown Acoustics, LLC. These
recommendations include a 6-foot tall barrier surrounding the northern and northwestern
playground areas and a 7-foot tall barrier where the gap occurs in the southeastern
adjacent buildings. Barriers shall be constructed from an impervious material weighing at
least 4 pounds per square foot. The barriers should be free from gaps at the base, where
the barrier abuts the building fagade, and where any joints occur in the construction of
the barrier. All penetrations through the barrier shall be thoroughly acoustically sealed.
Any gates/doors used to access the playground through the acoustical screen shall be a
solid door with a full frame that overlaps the door such that the door and frame assembly
are free from gaps at the jambs and the door bottom/threshold. Final design, including
material and color, is subject to review by the Director of Community Development prior
to issuance of building permits.
13. In accordance with the assumptions made in the acoustical report, the outdoor play area
shall be utilized by no more than 18 children at a time in a recess-like manner.
14. All trash shall be stored within the buildings 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.
15. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to
control odors. This may include the provision of either fully self-contained dumpsters or
periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division.
Cleaning and maintenance of trash dumpsters shall be done in compliance with the
provisions of Title 14, including all future amendments (including Water Quality related
requirements).
16. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, debris, and graffiti from
the premises and on all abutting sidewalks within 20 feet of the premises.
17. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of Community
Development, and may require an amendment to this Use Permit.
18. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
19. Prior to the issuance of building permits, documents/plans shall be submitted
demonstrating compliance with the requirements of Chapter 14.17 (Water-Efficient
Landscaping Ordinance) of the Municipal Code, if applicable.
20. Water leaving the project due to over-irrigation of landscape shall be minimized. If an
incident such as this is reported, a representative from the Code and Water Quality
Enforcement Division shall visit the location, investigate, inform and notice the
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responsible party, and, as appropriate, cite the responsible party and/or shut off the
irrigation water.
21. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking
areas, etc. except to alleviate immediate safety or sanitation hazards.
22. The facility shall comply with Newport Beach Municipal Code Section 20.30.070 (Outdoor
Lighting). If in the opinion of the Director of Community Development existing illumination
creates an unacceptable negative impact on surrounding land uses or sensitive habitat
areas the Director may order the dimming of light sources or other remediation upon
finding that the site is excessively illuminated.
23. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is hi her:
Between the hours of 7:00 a.m. Between the hours of 10:00 p.m.
and 10:00 p..m. and 7:00 a.m.
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
24. A Special Event Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
25. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current property owner or the leasing agent.
26. This approval shall expire and become void unless exercised within twenty-four (24)
months from the actual date of review authority approval, except where an extension of
time is approved in compliance with the provisions of Title 20 (Planning and Zoning), of
the Newport Beach Municipal Code.
27. 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 CHALK of Newport Beach Minor Use Permit
including, but not limited to, Minor Use Permit No. UP2016-017 (PA2016-072). This
indemnification shall include, but not be limited to, damages awarded against the City, if
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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.
PUBLIC WORKS DEPARTMENT
28. The existing driveway approach along West Coast Highway shall be removed, per City
Standard STD-165-L. A Caltrans Encroachment Permit is required for all work within
Caltrans right of way. All utility boxes shall be adjusted to grade.
29. The proposed parking lot shall be designed per City Standard STD-805-L-A and STD-
805-L-B. The proposed dead-end drive aisle shall be designed to accommodate a
minimum 5 foot hammerhead/drive aisle extension and dedicated tum around area.
30. A new 12-foot wide offer of dedication for street purposes shall be granted to the City of
Newport Beach along the entire West Coast Highway frontage.
31. Existing water services shall be protected by a City approved back flow device installed
per City Standard STD-520-L-A.
32. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels,
curb and gutter along the West Coast Highway and alley frontages.
33. All unused water services shall be abandoned to the water main.
34. A new sewer cleanout needs to be installed on the proposed sewer lateral(s) per STF-
406-L adjacent to the property line in the West Coast Highway right of way.
35. All on-site drainage shall comply with the latest City Water Quality requirements.
36. The maximum number of students shall be capped at 72.
37. Drop-off and pick-up of students shall be prohibited on West Coast Highway.
38. Queuing onto the rear alley shall be prohibited. The applicant shall provide staff during
peak pick-up and drop-off hours to assist parents and prevent back up on to the public
right of way.
FIRE DEPARTMENT
39. Fire sprinklers required per NBMC 9.04.070 for building areas exceeding 5,000 square
feet.
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40. Access to public right of way is required to be in accordance to CFC/CBC Section
1027.5.
41. Panic hardware is required for doors and exterior gates.
42. A fire alarm voice communication system is required per CFC/CBC Section 907.2.3.
43. Fire Evacuation and Safety Plan required per Chapter 4 of the CFC.
44. Lockable door requirement if state funded per CFC Section 1008.1.11.
45. A 5-foot wide clear path from Coast Highway to the main entrance must be maintained.
BUILDING DIVISION
46. Applicant must file a 'Request for Alternate Method of Construction" form for review and
approval regarding section 442.1.1 "Location on Property" of the California Building Code
(CBC) with exiting through adjoining rooms to class room 104 and a man gate in the
vehicular gate at Coast Highway per DRC meeting with the Building Official.
47. Occupant load factor must be indicated based on 1/20 for kindergarten and 1/35 for
daycare per table 1004.1.1 CBC
48. New restrooms must comply with Chapter 11 B CBC
49. Restroom must illustrate compliance with section 1210.3 Privacy.
50. Exit door at stairs must illustrate compliance with section 1005.7.1 CBC
51. Plans must illustrate compliance with section 11B-202.4 CBC Path of Travel
requirements in alterations, additions and structural repair.
52. Play area must illustrate compliance with sections 424 and 11 B-240 CBC.
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Attachment No. ZA 2
Vicinity Map
10
VICINITY MAP
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Minor Use Permit No. UP2016-017
PA2016-072
2500 West Coast Highway
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Attachment No. ZA 3
Project Description
12
Prescr°ol
CHALK Preschool Newport Beach will have 4 classrooms serving children ages 2- entry into
kindergarten. CHALK offers 2, 3 or 5 full and half days, families can pick the days and
program option that works best for them. The maximum amount of children at any given
time will be 72. We cater to both the working parent and the stay at home parent. We will
be open from 7:30-5:30 Monday-Friday.
MISSION:
Educate young minds and facilitate the enjoyment of learning. Support the growth of the
whole child across emotional, social, physical, and cognitive domains to ensure the
development of strong, confident, life-long learners.
Incorporate (1) core curriculum goals based on early childhood learning standards/models
and (2) the arts within a loving, stimulating environment. Establish and adapt best practices
to provide a well-rounded, structured education enhanced with play and creativity.
Structure daily activities to provide stability and security.
Retain highly qualified, skilled teachers responsible for the development and application of
lesson plans, scheduling, parent communication, etc. Provide effective leadership for all
aspects of CHALK including retention of a qualified Preschool Director and support staff.
Create and maintain classrooms and play areas that are stimulating and safe. Provide an
open-door policy for children, family members, teachers, and staff to ensure continuous
improvement.
Sincerely,
Angela Johnson
Executive Director
aiohnsonC@chalkpreschool.com
773-910-6291
www.chApreschool 00
19
Prescr°ol
CHALK Preschool serve children ages 2 till entry into kindergarten. We offer 2, 3 or 5
half and full days. The full day hours are 7:30-5:30 and half day is from 8:30-12:00 or
1:30-4:30. We will have four classrooms at the Newport Beach location. There will be a
total of 8 teachers and 2 administrators. Staff members work from 7:30-4:30 or 8:30-
5:30. Parents can drop off from 7:30-9:15 for the morning and full day program and
1:30-2:00 for the afternoon program and pick up is from 12:00-5:30.
Sincerely,
Angela Johnson
Executive Director
aiohnson@chalkpreschool.com
773-910-6291
www.chalkpreschool.com
20
Prescr°ol
Pick up and drop off procedure
At the Newport Beach location, we are looking at a capacity of 72 students. We have two
programs options, a half-day and a full day program. The full day program parents have
the option to utilize the school from 7:30-5:30, the half day hours are from 8:30-12:30. Our
drop-off for the half day program is anytime between 8:30 and 10:30 and for the full day is
between 7:30 and 9:30. Pickup for the half day program is between 11:30 and 12:30, and
the full day is between 2:30 and 5:30. Our usual breakdown of half day children to full day
is 50/50. With that being said, we will have about 36 children being dropped off between
7:30 and 9:30, and another 36 between 7:30 and 10:30.
Parents will park in the lot, and walk their children into the school and sign them in, which
usually takes ten (8) minutes in total. That means on average, we can get 7.5 cars per spot
in and out in an hour period.
The Newport Beach location has 15 parking stalls available of which a minimum of 11
parking stalls are reserved for parents for drop off and pick up and four (4) stalls are
dedicated for employee use. Eleven (11) parking spaces will allow 82 children to be
dropped off at any given hour. In both full day and half days, we allow for a minimum of
1.5 hours for drop-off, meaning we can potentially handle 123 cars, even though there will
only be 36 for each program. The pickup is relatively the same; a little less time is required
for the half day pickup compared to the full day pickup.
Based on the above, we do not expect any cars being backed up onto the alleyway behind
the property during drop off and pick up, since the parking lot has enough capacity to
allow for all cars to be physically parked on the lot.
Sincerely,
Angela Johnson
Executive Director
aiohnsonC�chalkpreschool.com
773-910-6291
www.chalkpreschool 00
21
Attachment No. ZA 4
Acoustical Report
22
NEWSON �I BROWN
ACOUSTICS LLC
26 May 2016
Bjorn Schrader
Associate Principal
Abramson Teiger Architects
8924 Lindblade Street
Culver City, CA 90232
Subject: Chalk Preschool, 2500 West Coast Highway, Newport Beach
Exterior Sound Impact on Neighboring Properties
Dear Bjorn,
A site visit was made to the existing Manhattan Beach Chalk Preschool and the future Newport Beach
Chalk Preschool site on 19 May 2016. The purpose of these visits was to obtain sample sound levels
generated by children playing outdoors and ambient/background sound levels at the future Newport Beach
Chalk Preschool. These measurements were then used to show that the future Chalk Preschool should not
impact the neighboring residential properties provided barriers are constructed where/how indicated below.
This report presents our findings.
1 PROJECT OVERVIEW
We understand that the future Newport Beach Chalk Preschool will have nearby single family
residential properties and commercial properties located in close proximity to it. It is our understanding
that the Newport Beach Chalk Preschool will have operational hours between 07:30 and 17:30. We
also understand that approximately 18 children will be outside at the Newport Beach Chalk Preschool
playground at any given time.
2 CRITERIA
The Newport Beach Community Noise Control Code (Chapter 10.26.025) includes noise standards
that are relevant to this project. Below is an excerpt from the Code:
A. The following noise standards, unless otherwise specifically indicated, shall apply to all property
within a designated zone:
Allowable Exterior Noise Level(Equivalent Noise Level, Le
Noise Zone Type of Land Use 7 AM to 10 PM 10 PM to 7AM
Single-, two-or multiple-family 55 dB(A) 50 dB(A)
residential
11 Commercial 65 dB(A) 60 dB(A)
111 Residential portions of mixed-use 60 dB(A) 50 dBIA)
properties
IV Industrial or Manufacturing 70 dB(A) 70 dBIA)
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It is unlawful for any person at any location within the incorporated area of the City to create any
noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise
controlled by such person, which causes the noise level when measured on any other property,
to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen-minute period;
2001 Wilshire Boulevard,Suite 301,Santa Monica, CA 90403, USA
t:310.829.6343 www.newsonacoustics.com f:310.829.9112
23
Page 2
2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty
(20) db(A) for any period of time (measured using A-weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise
level under said category shall be increased to reflect the maximum ambient noise level.
The section of the above table highlighted in yellow is the allowable exterior noise level at the
neighboring residential and commercial properties due to sounds generated by the future Newport
Beach Chalk Preschool.
3 EXTERIOR SOUND MEASUREMENTS
3.1 Outdoor Activity Sound Measurements
During our visit to site, sample sound measurements of children playing were conducted at the existing
Manhattan Beach Chalk Preschool. These outdoor activities consisted of groups of approximately 12
children involved in typical recess-like behavior. The microphone was held approximately 40' away
from the edge of the group.Ambient measurements were then conducted at the future Newport Beach
Chalk Preschool site as shown in Figures 1 and 2, below. Please refer to Table 1, below, for our
measurement results.
.1 C
I ,
Figure 1 - Microphone Location
Table 1 - Measurement Results
Measurement Sound Pressure Level (A-Weighted)
Newport Beach Chalk Preschool Ambient 55 dB(A) Leq
Group of Approximately 12 Children 40' away 62 dB(A) Le
Group of Approximately 12 Children 40' away 71 dB(A) Lmax**
*With 18 children playing outside,as anticipated forthe Newport Beach location,this level will increase
to 64 dB(A) Leq 40' away and 82 dB(A) Leq 5' away
** With 18 children playing outside, as anticipated for the Newport Beach location, this level will
increase to 72 dB(A) Lmax 40' away and 90 dB(A) 5' away
Leq: The steady-state energy level equal to the energy content of the time varying sound source and
is typically used to describe the "average" sound level.
Lmax: The maximum or peak sound level measured during the measurement period.
24
Page 3
4 SOUND REDUCTION ANALYSIS
To obtain representative sound levels at the receiving residential and commercial locations, we used
our sound measurements of a group of approximately 12 children during recess-like activities
(corrected to estimate 18 children and for a measurement distance of 5' from the children) as our
sound level for each source location. The source locations, shown in Figure 2 and described in Table
2, were chosen to cover the most critical positions that the children may be located in terms of impact
on the neighboring properties.
Table 2 - Description of Anal sis Locations
Locations Descriptions
Source 1 Proposed play place at Newport Beach Chalk Preschool
Receive 1 At commercial property
Source 2 Northwestern edge of Newport Beach Chalk Preschool property line
Receive 2 At middle area of commercial property(also representative for
distance to adjacent commercial building fa ade
Source 3 Northeastern area of Newport Beach Chalk Preschool playground
Receive 3 Southeastern edge of residential property line
Receive 4 More accessible portion of southeastern residential property line
Receive 4
Receive 3
r
Receive 1
„> Receive 2 Source 3
r y
Source 2
y Source 1
Yyf�.
e �
Figure 2 - Source and Receiver Locations (Image Courtesy of Google Maps)
Page 4
To obtain the receiver sound levels at the neighboring property lines and on the neighboring properties
themselves, we have adjusted our measured sound levels to account for 18 children and distance loss
(the sound reduction due to increased distance between the source and the receiver) in addition to a
barrier loss where the distance loss alone did not contribute sufficient sound attenuation to meet the
noise standards included in the Code. The results can be seen in Table 3, below.
Table 3 -Sound Impact on Neighboring Property (Leq of approximately 18 Children)
Source/ Approximate Nosie Barrier? Source Receive Compliant
Receive Distance Standard (YIN) Level5 Level w/ Code?
feett (YIN)
1 11 36 ft. 65 dB(A) Y 82 dB(A) 55 dB(A) Y
1 /2 80 ft. 65 dB(A) N 82 dB(A) 58 dB(A) Y
211 10 ft. 65 dB(A) Y 82 dB(A) 62 dB(A) Y
2/2 60 ft. 65 dB(A) N 82 dB(A) 60 dB(A) Y
3/3 175 ft. 55 dB(A) N 82 dB(A) 51 dB(A) Y
3/4 195 ft. 55 dB(A) N 82 dB(A) 50 dB(A) Y
1 /3 255 ft. 55 dB(A) N 82 dB(A) 48 dB(A) Y
1 /4 280 ft. 55 dB(A) N 82 dB(A) 47 dB(A) Y
Subsequently, we have taken our measured Lmax sound level for the sample of approximately 18
children and adjusted these sound levels to account for distance loss in addition to barrier loss where
the distance loss did not contribute sufficient sound attenuation to meet the noise standards included
in the Code. Please see Table 4, below.
Table 4 - Sound Impact on Neighboring Properties (Lmax of approximately 18 Children)
Source/ Approximate Nosie Barrier? Source Receive Compliant
Receive Distance Standard (YIN) Level 5 Level w/Code?
feett (YIN)
1 / 1 36 ft. 85 dB(A) N 90 dB(A) 73 dB(A) Y
1 /2 80 ft. 85 dB(A) N 90 dB(A) 66 dB(A) Y
2/ 1 10 ft. 85 dB(A) N 90 dB(A) 84 dB(A) Y
2/2 60 ft. 85 dB(A) N 90 dB(A) 69 dB(A) Y
3/3 175 ft. 75 dB(A) N 90 dB(A) 60 dB(A) Y
314 195 ft. 75 dB(A) N 90 dB(A) 69 dB(A) Y
1 /3 255 ft. 75 dB(A) N 90 dB(A) 56 dB(A) Y
1 /4 280 ft. 75 dB(A) N 90 dB(A) 56 dB(A) Y
5 RECOMMENDATIONS
Although some locations of the Newport Beach Chalk Preschool property where outdoor activities may
occur are far enough away from the adjacent properties to have sufficient sound attenuation to meet
the noise standards included in the Code,we note that there are locations where the distance between
the source and the receiver may be as close as 10 feet. As a result, we anticipate that the noise
standards would be exceeded without some form of screen or barrier surrounding the playground.
Therefore,we recommend a minimum 6 foot tall barrier be incorporated surrounding the northern and
20
Page 5
northwestern playground areas as well as a barrier that is 7 feet tall is constructed where the gap
occurs in the southeastern adjacent buildings (see Figure 3 for barrier concept).
The barrier should be constructed from an impervious material weighing at least 4 psf. Stucco on
frame or metal panels would be acoustically acceptable. The barriers should be free from gaps at the
base, where the barrier abuts the building fagade, and where any joints occur in the construction of
the barrier. All penetrations through the enclosures should be thoroughly acoustically sealed.
We recommend that any gates/doors used to access the playground through the acoustical screen be
a solid door with a full frame that overlaps the door such that the door and frame assembly are free
from gaps at the jambs and door bottom/threshold.
ACCESSIBLE PAT. PLANTING AREA '
R
- - - - - - - - - - - — — �
SF
�
AR AO„. REFUGE 3fi0 tx
Minimum 6' high ;.. ❑
- ------- 0 Y P TBY acoustical barrier.
PIAYGR D
El.rHTb' /
/ —\ Minimum T high
i acoustical barrier.
tE)seruarts �;i�;-- /
PLAY EWIPMEM BY
OTHERS
AGING ADJACENT BUILDING
Figure 3— Recommended Areas for Acoustical Barriers
6 CONCLUSION
This report confirms that sound transfer from the Newport Beach Chalk Preschool to the neighboring
residential and commercial properties will meet the Newport Beach Community Noise Control Code
provided that the above barrier recommendations are incorporated into the project design.
We trust that this is adequate for your current needs. Please do not hesitate to contact us if you have any
further questions.
Yours Sincerely,
Newson Brown Acoustics, LLC
iJ0 ""G
Chester Raney Ian Boorer
Consultant Principal
16-150
F:\Datariles\PROJ\Chalk Preschool Newport Beach\Reports\rpt1'exterior sound study.docx
27
Attachment No. ZA 5
Project Plans
22
PA2016-072
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