HomeMy WebLinkAboutZA2016-046 - MINOR USE PERMIT FOR PRESCHOOL - 2500 Coast Hwy W RESOLUTION NO. ZA2016-046
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-
HI).
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.
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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-1-11), 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.
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PASSED, APPROVED, AND ADOPTED THIS 11th DAY OF AUGUST, 2016.
BY:
Patrick J. Alford, Zoning Administrator
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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 higher:
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 turn 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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