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HomeMy WebLinkAboutPC2019-017 - APPROVING SITE DEVELOPMENT REVIEW NO. SD2018-004, MINOR USE PERMIT NO. UP2018-015 AND LIMITED TERM PERMIT NO. XP2019-003 FOR THE RECONSTRUCTION OF HARBOR DAY SCHOOL LOCATED AT 3443 PACIFIC VIEW DRIVERESOLUTION NO. PC2019-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING SITE DEVELOPMENT REVIEW NO. SD2018-004, MINOR USE PERMIT NO. UP2018-015 AND LIMITED TERM PERMIT NO. XP2019-003 FOR THE RECONSTRUCTION OF HARBOR DAY SCHOOL LOCATED AT 3443 PACIFIC VIEW DRIVE (PA2018-183) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Harbor Day School ("Applicant"), with respect to property located at 3443 Pacific View Drive, and legally described as Lot 463, Block 96, of Tract 361 ("Property") requesting approval of Site Development Review, Minor Use Permit and Limited Term Permit. 2. The Applicant requests a major site development review to allow the development of Harbor Day School's new campus consisting of approximately 99,607 square feet in gross building area; and to allow the performing art/gymnasium building to exceed the 32-foot height limit by up to 9 feet and 6 inches, for an overall height of 41 feet and 6 inches ("Project"). The application also includes a minor use permit to allow the continued operation of a kindergarten through eighth grade private school; and a limited term permit to allow Harbor Day School to use a portion of the Big Canyon Reservoir contractor yard for construction staging purposes. The existing allowed maximum enrollment of 480 students is not proposed to be increased as part of this Project. If approved, this Minor Use Permit would supersede Use Permit No. UP2013-024. 3. The 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 Property is not located within the coastal zone. 5. A public hearing was held on June 20, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act and Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Planning Commission Resolution No. PC2019-017 Paqe 2 of 17 The Class 2 exemption includes the replacement or reconstruction of existing structures and facilities where new structures will be located on the same site as the structures replaced and will have substantially the same purpose and capacity as the structures replaced, including but not limited to the replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase the capacity more than 50 percent. The Project will be located on the same 6.54-acre parcel as the existing school and would have the same purpose and capacity as the structures to be replaced. The reconstructed facility will be designed to meet current building and safety codes, including updated seismic standards. The new 99,607-square-foot facility represents a 47 percent increase over the current 67,888-square-foot facility. This increase is less than the 50 percent maximum allowed under the Class 2 exemption. SECTION 3. REQUIRED FINDINGS. Major Site Development Review In accordance with Section 20.52.080(F) (Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The proposed development is allowed within the subject zoning district. Facts in Support of Finding: The Property is located within the Private Institutions (PI) Zoning District, which allows private school facilities, subject to the approval of a minor use permit. 2. The Project consists of 99,607 square feet in size which complies with the maximum floor area ratio (FAR) allowance of 0.35 or 99,633 square feet. Finding: B. The proposed development is in compliance with all of the following applicable criteria: Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design; iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; Planning Commission Resolution No. PC2019-017 Paae 3 of 17 iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces,- v. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials, and vi. The protection of significant views from public right(s)-of-way and compliance with Section 20.30.100 (Public View Protection). Facts in Support of Finding: 1. The Private Institutions (PI) designation is intended to provide for 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 Project will reconstruct an existing private school, which is consistent with the PI designation as described in the General Plan Land Use Element. Furthermore, the Project complies with the maximum floor area ratio (FAR) allowance of 0.35 or 99,633 square feet. 2. Consistent with Land Use Element Policy LU6.1.2 (Siting of New Development), the Project consists of the redevelopment of an existing private school that has operated on the Property since 1971. Surrounding land uses include multi -unit residential, Pacific View Memorial Park, Big -Canyon Reservoir and single -unit residential across San Joaquin Hills Road. The new private school campus will comply with all development standards and updated safety codes, with the exception of a request for a building height increase. Although the Project includes an increase in floor area, the previously approved maximum enrollment will not be increased and additional student amenities will be provided. The existing transportation and utility infrastructure is sufficient to support the reconstructed facility. 3. Consistent with Land Use Element Policy LU6.1.3 (Architecture and Planning that Complements Adjoining Uses), the Project is designed to complement adjoining uses. The Property is located adjacent to the Big Canyon Reservoir, Pacific View Memorial Park and San Joaquin Hills Road. It is also neighbors an existing multi -family residential community; however, the design maintains a setback of at least 26 feet to this adjacent multi -residential use. The school's courtyard area is internal and buffered by the proposed buildings, which will help to provide sound attenuation. In addition, existing outdoor playfield and primary outdoor activities will be moved from the current location adjacent to the residential use and placed on the other side of the Property. A photometric study of the new outdoor lighting has been provided, demonstrating that outdoor lighting spillage will essentially be contained onsite. The Project will comply with all current building and safety standards. 4. The number of buildings on the Property will be consolidated from the existing four buildings to two buildings with a two-story, 68,369-square-foot building containing classrooms and administrative uses; and a high-ceilinged 31,238-square-foot building Planning Commission Resolution No. PC2019-017 Page 4 of 17 containing a performing art/gymnasium. Although there are no required setbacks identified in the development standards for the Private Institutions (PI) District, the Project is designed such that the buildings are set back a minimum of 26 feet from the adjacent multi -residential use. The setback area will be improved with landscaping and site walls to further buffer the site. 5. The Project will create a modern and updated appearance with building materials and finishes in earth tones that include smooth -painted plaster, wood -grained Hardie board, stone veneer and anodized bronze windows and doors. The overall landscaping will be upgraded, while existing street trees along San Joaquin Hills Road will be preserved. 6. Property access, including the drive aisles, driveways, parking and loading spaces have all been reviewed by the Public Works Department for adequacy, efficiency, and safety. The existing 36-space on -site parking lot will be reconfigured and upgraded to provide 66 parking spaces, including three ADA (Americans with Disabilities Act) spaces in compliance with current accessibility and dimensional requirements. The proposed 66- space on -site parking lot exceeds the required 36 spaces (one space for each full-time faculty member), as conditioned in the existing use permit. Additionally, the Applicant proposes to maintain an existing long-term lease agreement with the City to utilize the approximately 78-space Big Canyon Reservoir parking lot across Pacific View Drive for school drop-off, pick-up and special event parking. 7. The proposed landscape design incorporates drought -tolerant plantings and water - efficient irrigation. Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of person residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The Project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for surrounding uses by providing an architecturally pleasing Project with articulation and building modulations to enhance the urban environment. 2. The proposed school campus has been designed to accommodate and provide safe access for emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. Refuse collection is accommodated via Pacific View Drive with an adequate turnaround at the end of the cul-de-sac to ensure safe maneuvering by refuse vehicles. Emergency vehicles will have access throughout the campus as approved by the City Fire Marshal. Planning Commission Resolution No. PC2019-017 Page 5 of 17 3. The existing 36-space school parking lot will be reconfigured and upgraded to provide 66 on -site parking spaces, including three ADA-compliant spaces. The Applicant also proposes to maintain the existing long-term lease agreement with the City to utilize the Big Canyon Reservoir parking lot across Pacific View Drive for school drop-off, pick-up and special event parking. Approximately 78 parking spaces are provided in this lot to supplement the proposed 66 on -site parking spaces. 4. The Project will reconstruct an existing private school that has operated on the site since 1971. Surrounding land uses include multiple -unit residential, Pacific View Memorial Park, Big -Canyon Reservoir and single -unit residential across San Joaquin Hills Road. The new construction will comply with all development standards and updated safety codes. Temporary construction impacts will be mitigated through best available control measures (BACMs). 5. Conditions of approval are included to help ensure any potential impacts are limited, including, but not limited to: a. Conditions of Approval Nos. 11 and 12 require all outdoor lighting to meet the requirements of the Zoning Code, prohibiting light and glare spillage from the facility to the adjacent properties. b. Condition of Approval No.16 limits the hours of construction activity to mitigate potential impacts to adjacent neighboring properties. C. Conditions of Approval Nos. 14 and 17 ensure that the use will comply with Chapter 10.26 of the NBMC (Community Noise Control). 6. The Project would improve an existing use and continue to provide a desirable service for the City. Additional Site Development Review Findings Required for Height Increase In addition to the findings outlined above, Section 20.30.060(C)(3) of the NBMC requires the following specific findings to allow an increase in the height of a structure above the base height: Finding: D. The Project Applicant is providing additional project amenities beyond those that are otherwise required. Examples of project amenities include, but are not limited to: i. Additional landscaped open space; ii. Increased setback and open areas; and iii. Enhancement and protection of public views. Planning Commission Resolution No. PC2019-017 Page 6 of 17 Fact in Support of Finding: The Project has been designed to minimize impacts to adjacent land uses through the strategic location of buildings and primary outdoor areas. The outdoor playfield is located away from the adjacent multi -residential use. The outdoor quad area is located on the interior of the Property and buffered by surrounding buildings. Setbacks and landscape area exceed minimum standards. The updated architectural design incorporates varied building heights, color and materials to provide visual interest. Finding: E. The architectural design of the Project provides visual interest through the use of light and shadow, recessed planes, vertical elements, and vaned roof planes. Fact in Support of Finding: The proposed contemporary architectural design incorporates varied materials in earth tone finishes including smooth -painted plaster, wood -grained Hardie board, stone veneer and anodized bronze windows and doors. Building walls and roof heights are varied and articulated to provide visual interest, recessed planes, light and shadow. Finding: F. The increased height will not result in undesirable or abrupt scale changes or relationships being created between the proposed structure(s) and existing adjacent developments or public spaces. Where appropriate, the proposed structure(s) provides a gradual transition to taller or shorter structures on abutting properties. Fact in Support of Finding: The requested additional height relates to the function of the building as performing arts/gymnasium, and the need for high ceilings for this use. The proposed structure relates well to adjacent proposed structures on the Property and is located away from structures on adjacent properties. The requested maximum height of 41 feet and 6 inches is the same height as the previously existing gymnasium on the Property. Finding: G. The structure will have no more floor area than could have been achieved without the approval of the height increase. The requested maximum height of 41 feet and 6 inches is the same height as the previously existing gymnasium on -site. The total gross floor area will be 99,607 square feet, which is compliant with the maximum allowed floor area ratio (FAR) of 0.35 (99,633 square feet). Approval of the requested height increase does not result in greater floor area than could otherwise be achieved. Planning Commission Resolution No. PC2019-017 Page 7 of 17 Minor Use Permit In accordance with Section 20.52.020(F) of the NBMC, the following findings and facts in support of such findings for a minor use permit are set forth: Finding: H. The use is consistent with the General Plan and any applicable specific plan; Fact in Support of Finding: The Project is consistent with the General Plan. See all Facts in Support of Findings B and C. Finding: The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Fact in Support of Finding: The Project complies with all Zoning Code and NBMC development standards including, but not imited to, height, floor area, parking, and landscaping. See all Facts in Support of Findings A and B. Finding: J. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity,- Facts in Support of Finding: The Project will improve an existing use by demolishing the facility and constructing a completely new, updated facility in its place. The improvements will modernize and comprehensively upgrade the general appearance and function of the school facility. The Project complies with the development standards identified in the Private Institutions (PI) District and has been designed to be compatible with the adjoining land uses and to operate in a manner consistent with previously established conditions of approval (UP2013-024). The new campus layout maintains a minimum building setback of 26 feet, 6 inches from the property line abutting the adjacent residential use and relocates the outdoor field area to the opposite side of the Property, away from the adjacent residential use. The maximum allowed enrollment of 480 students is not proposed to be increased. Planning Commission Resolution No. PC2019-017 Pape 8 of 17 Finding: K. The Property 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; and Facts in Support of Finding: The Property is approximately 6.54 acres in area. Primary access to and from the site will continue to be provided via Pacific View Drive. 2. The Property provides adequate parking and the Applicant proposes to maintain the existing long-term lease agreement with the City to utilize the parking lot across Pacific View Drive for school drop-off, pick-up and special event parking. 3. Conditions of approval are included to ensure compliance with all circulation standards, and the final plans are required to be reviewed and approved by the Public Works Department. 4. Adequate emergency vehicle access has been incorporated into the Project design. Conditions of approval are included to help ensure compliance with all emergency vehicle access requirements and the final plans are required to be approved by the Fire Department. 5. The Property is developed with an existing similar use. The City currently services the site with water and sewer via mains that run through an easement on the adjacent property to the west. The Gas Company and Southern California Edison will continue to service the site through existing connections. The updated building and landscape amenities will be designed to incorporate updated green building codes which will improve efficient and best use of the currently provided utility services. Finding: L. Operation of the use at the Property would not be detrimental to the harmonious and ordedy growth of the City, or 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. Fact in Support of Finding: See all Facts in Support of Finding C. Planning Commission Resolution No. PC2019-017 Page 9 of 17 Limited Term Permit In accordance with Section 20.52.040 of the NBMC, the following findings and facts in support of such findings are set forth: Finding: M. The operation of the limited duration use at the location proposed and within the time period specified 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 requested limited duration use; Fact in Support of Finding: The limited term permit will allow temporary construction staging at the Big Canyon Reservoir construction yard ("Temporary Construction Staging Site"), including the storage of materials and equipment, only to be used during the demolition and reconstruction of the school campus. The Applicant is required to enter a licensed agreement with the City prior to building permit issuance. Finding: N. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot; Facts in Support of Finding: The Temporary Construction Staging Site is approximately 2.14 acres in size and is adequate area to accommodate the school's temporary storage of construction materials and equipment. The Temporary Construction Staging Site is located at the end of Pacific View Drive's cul-de-sac, directly adjacent to the bounded Big Canyon Reservoir parking lot and has an existing direct driveway approach from Pacific View Drive. The Applicant is required to enter a licensed agreement with the City prior to the building permit issuance for the construction of the Project. 2. The Temporary Construction Staging Site is bounded by the reservoir to the north, the existing off -site school parking facility to the west, Pacific View Memorial Park to the east, and Pacific View Drive to the south. The temporary storage of construction materials and equipment will not affect any of the surrounding uses. The Temporary Construction Staging Site has existing fencing that will remain in place to screen the temporary construction storage area from surrounding properties. The proposed temporary construction storage will not create additional parking demand but will rather alleviate further impacts to available school parking since it will be utilized to store materials and equipment away from the school site. Planning Commission Resolution No. PC2019-017 Paae 10 of 17 4. Existing fencing shall remain between the Temporary Construction Staging Site and the adjacent uses to screen the temporary construction storage area from surrounding properties. Finding: O. The Temporary Construction Staging Site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate; Fact in Support of Finding: The Temporary Construction Staging Site has an existing direct driveway approach from Pacific View Drive. The temporary construction storage will not impede access to the existing and adjacent uses. There are no traffic issues anticipated with the implementation of construction management plan. Finding. P. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on -site or at alternate locations acceptable to the Zoning Administrator; and Fact in Support of Finding: The Temporary Construction Staging Site will not create additional parking demand but will rather alleviate further impacts to available school parking since it will be utilized to store materials and equipment away from the school site. Finding: Q. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: The limited term permit for the Temporary Construction Staging Site is conditioned to comply with all applicable provisions of the General Plan, Municipal Code, and other City regulations. The Temporary Construction Staging Site is not located within a specific plan area. Planning Commission Resolution No. PC2019-017 Page 11 of 17 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Site Development Review No. SD2018-004, Minor Use Permit No. UP2018-015 and Limited Term Permit No. XP2019-003, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 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. This resolution supersedes Planning Commission Resolution No. 1940, which upon vesting of the rights authorized by Development Review No. SD2018-004, Minor Use Permit No. UP2018-015 and Limited Term Permit No. XP2019-003, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JUNE, 2019. AYES: Ellmore, Koetting, Kramer, Lowrey, Weigand, Zak NOES: ABSTAIN: Kleiman ABSENT: BY: Peter Zak, Ch r n Planning Commission Resolution No. PC2019-017 Paqe 12 of 17 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING DIVISION 1. The development shall be in substantial conformance with the 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 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 approval. 4. The time limit for exercise of the approvals set forth herein under Section 20.54.060(A) of the Newport Beach Municipal Code (NBMC) shall be sixty (60) months. Extensions of the time limit as may be granted pursuant to the procedure described in Section 20.54.060(B) of the NBMC. 5. This Site Development Review, Minor Use Permit and Limited Term 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to the Site Development Review, Minor Use Permit and/or Limited Term Permit or the processing of a new Site Development Review, Minor Use Permit and/or Limited Term Permit. 7. 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. 8. Prior to the issuance of a building permit, Harbor Day School shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Site Development Review, Minor Use Permit and Limited Term Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Site Development Review, Minor Use Permit and Limited Term Permit, and shall Planning Commission Resolution No. PC2019-017 Pace 13 of 17 highlight the approved elements such that they are readily discernible from other elements of the plans. 9. Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought -tolerant plantings and water -efficient irrigation practices, and the plans shall be approved by the Planning Division. 10. 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. 11. The Property shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 12. Prior to the issuance of a building permit, Applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are "l" or less at all property lines. 13. Prior to the issuance of a building permit, Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 14. 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:OOAM and 10:00PM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 15. 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. Planning Commission Resolution No. PC2019-017 Paoe 14 of 17 16. 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. 17. Applicant 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 NBMC. Upon evidence that noise generated by the Project exceeds the noise standards established by Chapter 10.26 of the NBMC, the Community Development Director may require the Applicant or successor to 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. 18. All trash shall be stored within the building 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. 19. 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). 20. Storage outside of the buildings visible from the front or the rear of the property shall be prohibited, with the exception of the required trash container enclosures. 21. 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 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. 22. The number of students enrolled at the school shall not exceed 480 students at any time. 23. One parking space for each full-time faculty member shall be provided on -site. 24. The use of the off -site parking lot shall be consistent with the terms and conditions stated herein and included in the lease agreement. 25. An adequate number of bicycle storage racks shall be provided at the school facility. Planning Commission Resolution No. PC2019-017 Paae 15 of 17 26. The new gymnasium building shall be limited to a maximum overall height of 41 feet, 6 inches. 27. Prior to the issuance of a building permit, a license agreement between Harbor Day School and the City for the use of Big Canyon Reservoir's contractor yard for construction staging purposes shall be executed. 28. 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 Harbor Day School including, but not limited to, Site Development Review No. SD2018-004, Minor Use Permit No. UP2018-015 and Limited Term Permit No. XP2019- 003 (PA2018-183). 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. Harbor Day School 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. Harbor Day School shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. BUILDING DIVISION 29. Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City -adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 30. Applicant shall employ the following best available control measures ("BACMs") to reduce construction -related air quality impacts: Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty material. • Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions Require 90-day low-NOx tune-ups for off road equipment. Limit allowable idling to 30 minutes for trucks and heavy equipment Planning Commission Resolution No. PC2019-017 Paqe 16 of 17 Off -Site Impacts • Encourage carpooling for construction workers. • Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. • Sweep access points daily. • Encourage receipt of materials during non -peak traffic hours. • Sandbag construction sites for erosion control. Fill Placement The number and type of equipment for dirt pushing will be limited on any day to ensure that Southern California Air Quality Management District (SCAQMD) significance thresholds are not exceeded. Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10-percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer. 31. Prior to the issuance of a building permit, a Storm Water Pollution Prevention Plan ("SWPPP") and Notice of Intent ("NOI") to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The Project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the Project's impact on water quality. 32. Prior to the issuance of a building permit, Harbor Day School shall prepare and submit a Water Quality Management Plan ("WQMP") for the proposed Project, subject to the approval of the Building Division. The WQMP shall provide appropriate Best Management Practices ("BMP"s) to ensure that no violations of water quality standards or waste discharge requirements occur. 33. 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. 34. Overhead utilities serving the site shall be undergrounded to the nearest appropriate pole in accordance with Section 15.32.015 of the NBMC. PUBLIC WORKS DEPARTMENT 35. County Sanitation District fees shall be paid prior to the issuance of any building permits. Planning Commission Resolution No. PC2019-017 Page 17 of 17 36. Prior to the issuance of a building permit, Applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for the subject site during construction; anticipated haul routes and construction mitigation. Upon approval of the plan, Applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 37. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before their implementation. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 38. Sewer, water and storm drain design within the public right-of-way or easement shall be subject to further review and approval by the Public Works and Utilities Departments. 39. Utility easements shall be clear of all obstructions. Gates proposed to cross the easement area shall span the entire easement. Access to the City shall be provided at all times. No trees shall be planted within the limits of the easement area. 40. Revised drop-off/pick-up plans, procedures and narratives shall be reviewed and approved by the Community Development Director and City Traffic Engineer. The plan shall incorporate the new parking lot design. Post -construction student drop-off and pick-up on San Joaquin Hills Road shall be limited at the new stairs only (marked as "fire access stairs" on plan set). Temporary and/or permanent 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. 41. School staff shall only be allowed to direct queuing traffic within the off -site parking lot and the school's parking lot. School staff shall not direct traffic within the public right-of- way. 42. 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. 43. A storm water discharge license agreement shall be required for the proposed direct discharge into the City's storm drain system. The agreement shall be executed prior to permit issuance. 44. Applicant shall be responsible for upgrading to current standards all existing utilities that serve the Project. Applicant shall be required to upgrade any City's facility due to a deficiency caused by the Project.