HomeMy WebLinkAboutZA2014-031 - MINOR USE PERMIT - 883 15th St W RESOLUTION NO. ZA2014-031
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2014-008 FOR PACIFICA CHRISTIAN HIGH SCHOOL
LOCATED AT 883 WEST 15TH STREET (PA2014-045)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Pacifica Christian High School, with respect to property
located at 883 West 15th Street, and legally described as Parcel 2 of Parcel Map 88-285
requesting approval of a Minor Use Permit.
2. The applicant proposes to operate a private high school for grades 9 through 12 at the
West Newport Community Center.
3. The subject property is located within the Public Facilities (PF) Zoning District and the
General Plan Land Use Element category is Public Facilities (PF).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 14, 2014, in the Corona del Mar Conference Room
(Bay E-1 st 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). Class 1 exempts the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use beyond that existing at the time of the lead agency's determination. The use of
the high school will be similar to the existing instructional programs that are currently
being provided by the City at this facility. The operational characteristics of the
proposed school, including classroom occupancy, hours of operation, parking needs,
and traffic demand are similar to the existing City's classes. Parking will be provided
on-site and the implementation of a parking management plan and school busing
program will mitigate any traffic impact to the area.
2. The Zoning Administrator finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
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addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Section 20.52.020.F 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 property is designated PF by the General Plan. It allows for public schools,
cultural institutions, government facilities, community centers, public hospitals, and
public facilities. The use of the high school will be similar to the existing instructional
programs and classes that are currently being provided by the City at this facility and
thereby consistent with the General Plan Land Use designation.
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. A private school is permitted in the Public Facility (PF) Zoning District with the
approval of a Minor Use Permit per Section 20.26.020 (Special Purpose Zoning
Districts Land Uses and Permit Requirements).
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 high school use is similar to that of the existing community center, with
instructional classes, administrative offices and a gymnasium. Additionally, the
operating characteristics of the use are compatible with existing educational
institutions and residential uses in the immediate area.
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2. The subject property has a total of forty (40) parking spaces. Pacifica will be obligated
to provide twenty-five (25) parking spaces to be used by the City for community
programs during the first two (2) years of school operation and the school will have
exclusive use of fifteen (15) parking spaces. Alternative options are placed in the event
that the City will continue the programs and activities beyond Year 2 to ensure there
would be adequate on-site parking provided.
3. A parking management plan has been prepared to ensure that adequate parking will
be provided for the City's programs and proposed school use. It contains the following
stipulations:
a. Designation of twenty-five (25) spaces for City programs during first two (2)
years of school operation and alternative options should City programs will
continue beyond Year 2
b. Implementation of transportation demand program to reduce number of vehicle
trips generated (i.e. carpooling, school busing, bicycling)
G. Implementation of drop-off, pick-up and queuing plan
d. Implementation of on-site parking policy for students
e. Implementation of on-street parking policy including enforcement and oversight
4. The proposed parking management plan has been reviewed and approved by the City
traffic engineer. A list of conditions has been included in the draft resolution to ensure
that Pacifica will be operated in a functional manner and compatible with the existing
uses in the vicinity.
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. With the implementation of a parking management plan, the high school will have
adequate parking for their staff members and students. All student pick-up and drop-
off will be done within the school's parking lot. Physical access for emergency vehicles
will be provided along the existing driveways within the subject property.
2. The City traffic engineer has reviewed the plan and is supportive of the proposed traffic
queuing arrangement of the 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 vehicle movements.
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly 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.
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Facts in Support of Finding:
1. The proposed high school has been reviewed and this approval includes conditions to
ensure that potential conflicts with the surrounding land uses are minimized to the
greatest extent possible. The operator is required to take reasonable steps to ensure the
operation of the high school will not create a nuisance to the surrounding uses.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2014-008, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective fourteen (14) days following the date this
Resolution was adopted unless within such time an appeal is filed with the community
development director in accordance with the provisions of Title 20 Planning and
Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 14th DAY OF AUGUST, 2014.
#redministrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING
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. UP2014-008 shall expire unless exercised within twenty-four(24) months
from the date of approval as specified in Section 20.91.050 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 Use
Permit.
5. This Use Permit may be modified or revoked by the City if: (i) the Conditions of
Approval are violated; (ii) it is determined that the proposed uses or conditions under
which the Use Permit is being operated or maintained is detrimental to the public
health, welfare or materially injurious to property or improvements in the vicinity; or (iii)
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 this Use Permit or the processing
of a new use 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, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
9. 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.
10. 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
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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
and 10:00 .m, 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
11. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three (3) 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.
12. Storage outside of the building in the front of the property shall be prohibited, with the
exception of the required trash container enclosure.
13. 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 (open house, back-to-school night, etc.), include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
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 Pacifica Christian High School including, but not
limited to, Minor Use Permit No. UP2014-008. 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.
15. Prior to issuance of building permits, the lease agreement between Pacifica and the
City for the improvement and use of the property shall be executed.
16. Student enrollment shall be restricted as follows:
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a. Year 1: No students
b. Year 2: Seventy-five (75) students maximum
c. Year 3: One hundred and twenty (120) students maximum
d. Year 4 and Beyond: One hundred twenty-five (125) students maximum
Year Total Freshmen Sophomore Junior Senior
Students
1 0 0 0 0 0
2 75 42 33
3 120 45 40 35
4 125 38 31 28 28
17. Administration/faculty shall be restricted as follows:
a. Years 1 through 3: Ten (10) persons
b. Year 4 and Beyond: Fifteen (15) persons
18. A minimum of one (1) parking space shall be provided for each administration/faculty
member (ten (10) spaces for Years 1 through 3 and fifteen (15) spaces for Year 4 and
beyond).
19. A total of forty (40) parking spaces shall be maintained within the subject property;
twenty-five (25) of those spaces shall be allocated for the use of City programs and
activities during the first two (2) years of school operation while the school shall have
exclusive use of fifteen (15) parking spaces. After the second year, provided the City
discontinues all use and the school shall have exclusive use of the entire property and
all forty(40) parking spaces.
20. In the event that the City continues its programs and activities and require parking
spaces at the subject property beyond Year 2, the applicant shall be required to
pursue one of the following alternatives:
a. Secure additional off-street parking. Any off-street parking arrangement shall
require the approval of a conditional use permit in accordance with Section
20.40.100 (Off-Site Parking) of the Municipal Code;
b. Reduce the student enrollment and administration/faculty consistent with the
approved parking management plan; or
C. Obtain a parking waiver pursuant to Section 20.40.110 (Adjustment to Off-
Street Parking).
21. An adequate number of bicycle storage racks shall be provided at the school facility.
22. Pacifica shall be responsible for the control of noise generated by the subject facility.
The use of outside loudspeakers, a paging system or a 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.
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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 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.
23. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Sign
Standards) of the Newport Beach Municipal Code.
24. No outside paging system shall be utilized in conjunction with this establishment.
25. The student classroom hours during the school year (August to June) shall be from 7:30
a.m. to 3:00 p.m., Monday through Friday. Board/staff meetings, parent/teach
conferences, and student extra curriculum (sports, theater, etc.) are permitted before or
after classroom hours as long as adequate on-site parking is provided.
Office/administrative functions are permitted outside of the classroom hours and during
the summer months.
Fire Department Conditions
26. Every room with an occupant load of three hundred (300) or more shall have one (1) of
its exits or exit-access doorways lead directly into a separate means of egress system
that consists of no less than two (2) paths of exit travel which are separated by a
smoke barrier in accordance with Section 710 in such a manner to provide an
atmospheric separation that precludes contamination of both paths of exit travel by the
same fire. Not more than two (2) required exits or exit-access doorways shall enter
into the same means of egress system per California Building Code Section 442.1.2.
27. Fire Sprinklers shall be required as per California Fire Code Section 903.2., for the E
and A-3 occupancies.
28. A manual and automatic fire alarm system that initiates the occupant notification signal
utilizing an emergency voice/alarm communication system meeting the requirements
of Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed
in Group E occupancies (school) with an occupant load of fifty (50) or more persons or
containing more than one (1) classroom per California Fire Code Sec. 907.2.3.
29. A fire alarm system shall be required for the A occupancy (gym) as per California Fire
Code Sec. 907.2.1.
Building Division Conditions
30. Obtain a building permit for all proposed improvements and change in uses.
31. For any proposed improvement to the existing facility, accessibility upgrades to the
existing facility shall be required as specified in Section 11 B-202.4 of the 2013
California Building Code.
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32. A new Certificate of Occupancy shall be obtained from the City and posted prior to
occupancy of the school.
Public Works Conditions
33. The parking layout shall comply with City Standard STD-805-L-A and STD-805-L-B.
The parking layout shall be reviewed and approved by the City traffic engineer.
34. The project driveway shall be designed to accommodate adequate sight distance per
City Standard STD-110-L.
35. The final parking management plan shall be reviewed and approved by the City traffic
engineer. The requirements of the parking management plan shall be implemented.
36. Students shall be prohibited from parking within the public right-of-way. School staff
shall monitor the public streets adjacent to the school (i.e. Monrovia Avenue and West
15th Street) at least thirty (30) minutes prior to the start of school and at least fifteen
(15) minutes after school begins to ensure that students do not park off-site.
37. School staff shall only be allowed to direct traffic queuing within the school's parking
lot. School staff shall not direct traffic within the public right-of-way.
38. No traffic control devices (i.e. cones, signage) shall be allowed within the public right-
of-way.
39. The applicant shall monitor the drop off/pick up queues to ensure that the queues do
not impact/impede traffic in the public right-of-way.
40. The applicant shall provide busing service to and from the high school starting at the
3rd year of school operation.
41. If parking demand exceeds capacity or student parking on public streets becomes an
issue, the applicant shall secure additional off-street parking. Any off-street parking
arrangement shall require the approval of a conditional use permit in accordance with
Section 20.40.100 (Off-Site Parking) of the Municipal Code.
42. If issues/problems arise with the Parking Management Plan (i.e. school drop-off/pick-
up, parking queuing within the public right of way, etc.), the applicant shall modify the
Parking Management Plan to the satisfaction of the City traffic engineer and
community development director. Implementation of the modified Parking
Management Plan shall occur immediately upon approval of the City.
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