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HomeMy WebLinkAbout1940 - AMENDMENT TO CUP TO ALLOW A NEW PARKING AREA AND TO INCREASE THE LIMITATION ON ENROLLMENT. - 3443 Pacific View DrRESOLUTION NO. 1940 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2013 -024 FOR HARBOR DAY SCHOOL LOCATED AT 3443 PACIFIC VIEW DRIVE (PA2013 -212) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Harbor Day School (HDS), with respect to property located at 3300 and 3443 Pacific View Drive, requesting approval of a Use Permit. 2. The applicant proposes to increase the school enrollment by 72 students, from 408 to 480; make improvements to the school's existing parking lot; and improve a portion of the Big Canyon Reservoir located at 3300 Pacific View Drive for use as an off -site parking lot for traffic queuing and special event parking. There is no increase in building square footage proposed and the additional students will be accommodated within the existing facility. 3. The school property is located within the PI (Private Institutions) Zoning District with a floor area ratio (FAR) of 0.35 and the General Plan Land Use Element category is PI (Private Institutions). 4. The proposed off -site parking lot at the Big Canyon Reservoir is located within the PF (Public Facilities) Zoning District and the General Plan Land Use Element category is PF (Public Facilities). 5. The subject properties are not located within the coastal zone. 6. A public hearing was held on April 3, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Sections 15311 — Class 11 (Accessory Structures) and 15314 - Class 14 (Minor Additions to Schools), of the State CEQA (California Environmental Quality Act) Guidelines. a. Class 11 consists of construction, or replacement of minor structures accessory to commercial, industrial, or institutional facilities, including small parking lots. The proposed off -site parking lot and improvements made to the school's existing parking lot have been appropriately considered under this CEQA Class Exemption. Planning Commission Resolution No. 1940 Paqe 2 of 10 b. Class 14 consists of minor additions to schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The proposed increase in student enrollment would qualify for this CEQA Exemption as HDS is requesting a cumulative increase of 22% in student enrollment and no additional classrooms. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The HDS property has the General Plan Land Use designation of PI (Private Institutions) which allows privately -owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The HDS property has an FAR of 0.35. The proposed use permit amendment is consistent with the General Plan Land Use designation in that the proposed project will not change the development limit as it does not include new construction or introducing a new use to the subject property. 2. The proposed off -site parking lot to be developed on the City's property has the General Plan Land Use designation of PF (Public Facilities) which is intended to provide public facilities, including public schools, cultural institutions, government facilities, community centers, public hospitals and public facilities. The proposed off - site parking lot is consistent with the General Plan Land Use designation in that it is an ancillary use to the existing City's reservoir. 3. The proposed improvements to the school's parking lot and the off -site parking are ancillary and in support of the existing private school. There is no impact to the existing use of the subject property or the City's Reservoir site as a result of the proposed increase in the school enrollment. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 10 -15 -2013 Planning Commission Resolution No. 1940 Paae 3 of 10 Facts in Support of Finding: 1. The HDS property is zoned PI (Private Institutions) with an FAR of 0.35 which allows private schools with the approval of a use permit. HDS is a private school with classes from kindergarten to 8th grade and was established in 1971 by Use Permit No. 1546, which has been amended several times throughout the years in order to accommodate the operation and physical expansion of the facility. Most recently, the 1999 Amendment served to accommodate the development of a new gymnasium and contains a condition limiting the number of enrolled students to 408, which HDS is now seeking to increase. 2. The proposed off -site parking area is owned by the City and is located on part of the Big Canyon Reservoir property and zoned PF (Public Facility), which allows public facilities. The proposed off -site parking lot is an ancillary use to the City's reservoir; however, a Use Permit is required for HDS's use of the City property, pursuant to City Zoning Code Section 20.40.100 (Off -Site Parking). 3. According to the applicant, the existing school facility has the physical classroom capacity to absorb the proposed increase of 72 students. The Zoning Code does not provide a parking requirement for school uses, but requires the parking requirement to be established through the use permit procedure. The previous amendments to Use Permit No. 1546 have required parking based on the number of full -time employees serving the school, since the facility serves only non - driving age students, from kindergarten to 8th grade. The existing school's parking lot currently has 36 parking spaces and a condition of approval reflects this number. The faculty parking demand will not be increased or there would be additional parking required for the increased number of non - driving age students. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The proposed improvements to the existing school's parking lot and the addition of the off -site parking lot to be used for traffic queuing and special event parking would result in an improvement to the existing daily pick -up and drop -up activities associated with the school and would improve rather than cause additional undue traffic impacts to the local street system. 2. The proposed design and improvements to the school's parking lot and off - street parking lot have been reviewed and approved by the Public Works and Municipal Operations Departments to ensure that they would be functional and compatible with the existing uses in the vicinity. 10 -15 -2013 Planning Commission Resolution No. 1940 Page 4 of 10 3. The proposed off -site parking lot does not abut sensitive uses and is designed to accommodate additional vehicles attributable to the increased enrollment as well as alleviate existing congestion on Pacific View Drive experienced under current operations. 4. The existing contractor yard located at 3300 Pacific View Drive will be relocated to the east of the existing site, at the end of Pacific View Drive. A new security wall, gate, and drive approach will be installed. Tree and landscape replacement and installation of necessary utilities, and storm water runoff and treatment facilities are also included in this project. No conflict is anticipated between the existing school parking lot and the proposed use of the reservoir property for traffic queuing and parking purposes. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. HDS is a private school that was established in 1971 by Use Permit No. 1546. Since that time, several amendments were made to accommodate the operation and physical expansion of the facility. The proposed improvements to the existing school's parking lot and the off -site parking lot have been reviewed by the Fire and Municipal Operations Department to ensure adequate access for public and emergency vehicles. Access to the City's reservoir will be maintained and accessible to City staff at all times. Additionally, the City Traffic Engineer has reviewed and is supportive of the proposed traffic queuing arrangement of the off -site parking lot and school parking lot. With the proposed conditions of approval, no conflicts in traffic circulation or queuing problems are anticipated and the current locations and design of the driveways can accommodate the increased vehicle movements. In accordance with Section 20.40.100.6 of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit for an off -site parking lot are set forth: Finding: A. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: 1. The proposed off -site parking lot is located on the north side of Pacific View Drive, immediately across from the school campus, and conveniently accessible to the school. The proposed design and improvements to the off - street parking lot have been reviewed and approved by the Public Works and Municipal Operations Departments to 10 -15 -2013 Planning Commission Resolution No. 1940 Paae 5 of 10 ensure that they would be functional and readily accessible for the queuing of vehicles during the drop -off and pick -up times and parking for special events. Finding: B. On- street parking is not being counted towards meeting parking requirements. Facts in Support of Finding: 1. On- street parking along Pacific View Drive is not being counted towards meeting parking requirements for the existing school and the school's parking lot currently has 36 parking spaces as required by Use Permit No. 1546 and its previous amendments. Finding: C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. The off -site parking lot will be used as a vehicle queuing area in order to facilitate the afternoon traffic flow, which tends to be the most intense, and to accommodate the proposed increase in enrollment. The new queuing arrangement consists of four -lane vehicle stacking with staff members stationed at strategic locations to direct vehicles to enter into the school's parking lot in a three -lane configuration for student pick -up. This arrangement will eliminate vehicles queuing on Pacific View Drive and thereby will not create undue traffic hazards or impacts in the immediate area. The City Traffic Engineer has reviewed and is supportive of the proposed traffic queuing arrangement on the off -site parking lot. Finding: D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. HDS is negotiating with the City for the use of a portion of Big Canyon Reservoir for traffic queuing and special event parking. The 30,100— square -foot area proposed by HDS for lease will be designed to accommodate up to 68 vehicles for queuing and 60 spaces for special event parking. HDS will be responsible for all costs associated with the improvements made to the City's property. HDS will also responsible for the maintenance and upkeep of the off -site parking lot. 10 -15 -2013 Planning Commission Resolution No. 1940 Paae 6 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves UP2013 -024, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This resolution supersedes Use Permit No. 1546 and its amendments, which upon vesting of the rights authorized by Use Permit No. 2013 -024, shall become null and void. 3. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF APRIL, 2014. AYES: AMERI, BROWN, LAWLER, MYERS, KRAMER, TUCKER, AND HILLGREN NOES: NONE ABSTAIN: NONE ABSENT: NONE 10 -15 -2013 Planning Commission Resolution No. 1940 Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Harbor Day School shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 6. A copy of the Resolution, including conditions of approval (Exhibit "A ") shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 7. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 8. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 9. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 10. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would 10 -15 -2013 Planning Commission Resolution No. 1940 Page 8 of 10 attract large crowds or any other activities as specified in the Newport Beach Municipal Code to require such permits. 11. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Harbor Day School application including, but not limited to, Use Permit No. 2013 -024. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 12. Prior to the issuance of building permit, the lease between HDS and the City for the improvement and use of the off -site parking lot shall be recorded. 13. The number of students enrolled at the school shall not exceed 480 students at any time. 14. One parking space for each full -time faculty member (36 spaces) shall be provided on- site. 15. An adequate number of bicycle storage racks shall be provided at the school facility. 16. Special events including, but not limited to, theatrical presentations and athletic events which involve the attendance of parents and visitors shall be permitted to occur simultaneously in the auditorium and the gymnasium but only within the occupancy of the existing multipurpose room as determined by the Fire Department. 17. The existing gymnasium building shall be limited to a maximum overall height of 41 feet 6 inches. 18. Harbor Day School shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be included within this requirement. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 of the Municipal Code, the Community Development Director may require that the applicant or successor 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. 10 -15 -2013 Planning Commission Resolution No. 1940 Page 9 of 10 19. No outdoor loudspeaker or paging system shall be permitted in conjunction with the gymnasium operation. 20. All outdoor storage and trash areas shall be screened from view from Pacific View Drive and adjoining properties. 21. The use of the off -site parking lot shall be consistent with the terms and conditions stated herein and included in the lease agreement. 22. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect for the off -site parking lot. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Municipal Operations Department and Planning Division. 23. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Building Division Conditions 24. Prior to issuance of grading permits, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 25. A list of "good housekeeping" practices will be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g. trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 7171i.�4R.Ti! K.7ii litre it 26. The driveway to the new queuing area shall be a minimum of 24 feet wide and shall align with the centerline of Marguerite Avenue. Modifications to the gated entry (i.e. gate, drive aisle and wall) to the Big Canyon Reservoir Yard may be required upon further review by the Municipal Operations Department and Public Works Department. 10 -15 -2013 Planning Commission Resolution No. 1940 Paqe 10 of 10 27. The off -site parking lot driveway located at Marguerite Avenue and Pacific View Drive shall be modified to comply with ADA requirements to ensure that an ADA pathway is provided. 28. The damaged driveways along Pacific View Drive adjacent to Harbor Day School shall be reconstructed and modified to comply with ADA pedestrian pathway requirements. 29. Student drop -off and pick -up procedures shall be subject to further review by the City Traffic Engineer. Modifications to these procedures shall be reviewed and approved by the Community Development Director and Traffic Engineer. Also, should problems arise in the future with regard to these procedures, the applicant shall work directly with the City Traffic Engineer to resolve said problems and concerns. 30. School staff shall only be allowed to direct queuing traffic within the off -site parking lot and the schools parking lot. School staff shall not direct traffic within the public right -of- way. 31. The applicant shall be required to modify the internal traffic circulation within the reservoir area as directed by the Municipal Operations Department. 32. The applicant shall effectively and efficiently control queuing of vehicles on -site to ensure that this operation does not impact the Marguerite Avenue and Pacific View Drive right -of -ways. 33. The existing fire hydrant located within the proposed queuing lane at the off -site parking lot shall be relocated to Pacific View Drive at minimum of 5 feet from the new driveway approach, per City Standard STD - 500 -L. 10 -15 -2013