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HomeMy WebLinkAbout2022 - APPROVING CONDITIONAL USE PERMIT NO. UP2016-030 FOR A TUTORING CENTER - 2121 Coast Hwy E RESOLUTION NO. 2022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2016-030 FOR A TUTORING CENTER LOCATED AT 2121 EAST COAST HIGHWAY (PA2016-114) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Coast Business Center, with respect to property located at 2121 East Coast Highway, and legally described as Parcel 2 of Parcel Map No. 80-711 requesting approval of a conditional use permit. 2. The applicant requests a conditional use permit to allow a tutoring center (Schools, Public and Private) specializing in academic assistance, test preparation, and college admission counseling for students from 3rd grade through 12th grade within an existing two-story office building. 3. The subject property is located within the Office General (OG) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO-G). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial Office (COG-B). 5. A public hearing was held on August, 18, 2016, 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. 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). 2. Class 1 exempts projects involving negligible or no expansion of a use including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. 3. The proposed project is limited to interior improvements to convert a previous office use to a tutoring center and involves no expansion in floor area. No traffic impacts are expected and parking on-site is available to accommodate the use. Planning Commission Resolution No. 2022 Pa e2of7 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) 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 subject property is designated General Commercial Office (CO-G) within the Land Use Element of the General Plan which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. Other uses may be permitted in accordance with this designation. 2. The principal use of the facility is a tutoring center specializing in academic assistance, test preparation, and college counseling, and is consistent with the General Plan designation because it will provide a support service to the community. 3. The subject property is not located within a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The subject property is located within the Office General (OG) Zoning District, which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. Schools are a permitted subject to the approval of a conditional use permit. Schools are defined as public or private academic educational institutions or schools providing specialized education/training, including tutoring centers. 2. Pursuant to Section 20.40.040 (Off-Street Parking Spaces Required), parking ratios for a private educational facility use (Schools, Public and Private) are as required by use permit approval. To assist with the establishment of a reasonable parking requirement and evaluate the parking utilization of the building, a parking study was prepared by Kunzman Associates, Inc., a professionally licensed traffic engineering and transportation planning firm. Based on the proposed facility layout and scheduling data from the applicant, a parking requirement of 7 spaces was established at a rate of one per staff plus one per driving age student. It should be noted that prior use of the space as general office use also required approximately 7 spaces (1,712 square feet 03-03-2015 Planning Commission Resolution No. 2022 Page 3 of 7 divided by 250 square feet equals 6.8 parking spaces); therefore, the proposed use will have a similar parking demand than the previous requirement and no change in overall peak parking demands for the complex would result. Adequate parking exists within the 142 space parking garage to accommodate the proposed use. 3. The project will comply with all Building, Public Works, and Fire Codes and will comply with all other applicable requirements of the Zoning Code and Municipal Code. 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 project will be located in an office complex and will function similar to other office uses based on the hours of instruction that are typical of surrounding office uses. During the summer, trips to the site will generally occur during the peak periods of each day (beginning, middle, and end), consistent with office uses. During the school year, trips to the site generally occur during late afternoons and on Saturdays, when the other office users are generally closed. 2. The proposed conversion of office space to a tutoring center involves a tenant improvement at the first floor of an existing two-story office building with no expansion in floor area. 3. No group activities, seminars, or outdoor activities are proposed limiting any concern regarding noise and compatibility with allowed uses in the vicinity. 4. The proposed conditions of approval ensure that the potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. 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 project site has demonstrated that it is physically suitable to support the existing office development on the property. The addition of a tutoring center that will function similar to an office use will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. 03-03-2015 Planning Commission Resolution No. 2022 Pa e4of7 2. The project site has demonstrated that it is physically suitable to accommodate the flow of office workers to the site and the proposed tutoring facility is expected to generate similar traffic and parking demands. 3. The parking study prepared by Kunzman Associates, Inc., included a parking utilization analysis that considered actual demand generated by the occupied medical and general office space (28,093 square feet), parking required for vacant medical and office space (2,001 square feet), and the proposed tutoring center. The analysis projects a peak demand of 113 parking spaces, resulting in a 29-space surplus. Therefore, the existing supply of parking within the structure will adequately meet anticipated demand. The property is developed as an office complex and is anticipated to remain occupied by office uses long term, suggesting that the projected demand will remain consistent. In addition, on-street parking is readily available outside the building on Avocado Avenue, which offers additional opportunity for parking and drop- off. 4. The Public Works Department, Building Division, and Fire Department have reviewed the project proposal and provided conditions of approval so as to maintain adequate access, public services, and utilities to the existing development. 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. The proposed project is intended to support the community and is designed to be compatible with existing office uses on-site. 2. Based on the parking analysis prepared by Kunzman Associates, Inc., the number of available on-site parking spaces is expected to accommodate peak demand and student drop-off. 3. The project site operates as an office complex with all activities contained indoors. The proposed operation will take place indoors consistent with surrounding uses and does not constitute a hazard to public convenience. 4. Multiple entrances are provided into the building allowing for the flexibility in the drop- off and pick-up of clients, which will minimize any potential conflicts on-site. 5. Based on characteristics of the use and the conditions of approval, the operation proposed will not be detrimental to the growth of the City or be detrimental to the safety and general welfare of people working or residing in the neighborhood. 03-03-2015 Planning Commission Resolution No. 2022 Page 5 of 7 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2016-030, 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 14 days following the date this Resolution was adopted 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 18TH DAY OF AUGUST, 2016. AYES: Dunlap, Hillgren, Kramer, Lawler, Koetting, Weigand, Zak NOES: None ABSTAIN: None ABSENT: None BY: ory Kr er hairman BY: C �- Peter Zak, Secret ry 03-03-2015 Planning Commission Resolution No. 2022 Page 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-030 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 5. A total of 7 parking spaces shall be available for the tutoring center. 6. Hours of instruction shall be limited between the hours of 8:00 a.m. and 10:00 p.m., daily. 7. All activities shall be conducted indoors. 8. This Conditional 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. 9. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 10. 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. 11. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 03-03-2015 Planning Commission Resolution No. 2022 Pa e7of7 12. 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. 13. 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. 14. 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 C2 Educational Systems including, but not limited to Conditional Use Permit No. UP2016-030 (PA2016-114). 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. 03-03-2015