HomeMy WebLinkAbout20150917_PC_Staff Report (2)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 17, 2015 Meeting
Agenda Item No. 3
SUBJECT: Newport Academy CUP - (PA2015-150)
1111 Bayside Drive, Suite 150
Conditional Use Permit No. UP2015-036
APPLICANT: Newport Academy
OWNER: ECM Bayside LP
PLANNER: Benjamin M. Zdeba, AICP
(949) 644-3253, bzdeba@newportbeachca.gov
PROJECT SUMMARY
A conditional use permit to establish a private educational facility associated with an off-
site long-term care drug and alcohol rehabilitation program for teenagers (between the
ages of 13 and 18) within an existing multi-tenant office building. No treatment will occur
on-site as the students will have already graduated from a licensed and certified
treatment program.
RECOMMENDATION
1)Conduct a public hearing; and
2)Adopt Resolution No. approving Conditional Use Permit No. UP2015-036
(Attachment No. PC 1).
INTRODUCTION
Project Setting
The project site is located on Bayside Drive just north of the Balboa Island Channel at
the southeastern corner of the Jamboree Road and Bayside Drive intersection. The site
is developed with two multi-tenant commercial office buildings as well as a small single-
tenant commercial space (California Recreation Company) on an adjoining parcel
commonly referred to as Bayside Square and consists of 150 on-site parking spaces.
Adjacent land uses include residential dwellings to the north and east, the Newport
Beach Yacht Club to the west, and the Balboa Island Channel to the south.
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Newport Academy CUP
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Recreational and Marine
Commercial (CM)
Commercial Recreational
and Marine (CM) Multi-tenant office buildings
NORTH Single-Unit Residential Detached
(RS-D) Single-Unit Residential (R-1) Single-family homes
SOUTH N/A N/A Balboa Island Channel
EAST Multiple-Unit Residential (RM) Multi-Unit Residential (RM) Attached residential condominiums
WEST Private Institutions (PI) Private Institutions (PI) Newport Beach Yacht Club
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Planning Commission, September 17, 2015
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Background
Newport Academy Intensive Outpatient and Day Treatment Program is a State licensed
drug and alcohol treatment program that currently operates at two residential properties
located in the city of Orange. A private educational facility to support the program
presently operates within two tenant spaces located at 485 East 17th Street, Suites 200
and 245 in the city of Costa Mesa. This facility is purely academic and serves as a
transition between graduation from the treatment program and reintegration into the
public school system. The proposed project would relocate the existing facility from
Costa Mesa to Newport Beach.
Project Description
The applicant seeks a conditional use permit to establish a private educational facility
for intermediate and high school aged students (between the ages of 13 and 18). As
proposed, there would be nine staff members at the facility to oversee and instruct a
maximum of 12 students. Instruction will be provided between the hours of 9:00 a.m.
and 4:00 p.m., Monday through Friday. All activities will be indoors and the students will
be dropped off and picked up by a parent or guardian. In addition to the instruction, the
tenant space will be utilized as an administrative office. Alterations included as part of
the project are limited to an interior remodel of the tenant space. No exterior alterations
are proposed. A more detailed project description has been provided by the applicant
and is included as Attachment No. PC 3.
DISCUSSION
Analysis
General Plan and Coastal Land Use Plan Consistency
The subject property is designated Recreational and Marine Commercial (CM) within
the Land Use Element of the General Plan as well as Recreational and Marine
Commercial (CM-B) within the Coastal Land Use Plan. This designation is intended to
provide for commercial development on or near the bay in a manner that will encourage
the continuation of coastal-dependent and coastal-related uses, maintain the marine
theme and character, encourage mutually supportive businesses, encourage visitor-
serving and recreational uses, and encourage physical and visual access to the bay on
waterfront commercial and industrial building sites on or near the bay. The proposed
private educational facility is consistent with the General Plan and Coastal Land Use
Plan designation inasmuch as it will occupy a tenant space within an existing multi-
tenant office building with no development occurring that would hinder the goals and
objectives set forth by the designation.
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Zoning Code Consistency
The subject property is located within the Commercial Recreational and Marine (CM)
Zoning District which is intended to provide for areas appropriate for commercial
development on or near the waterfront that will encourage the continuation of coastal-
dependent and coastal-related uses, maintain the marine theme and character,
encourage mutually supportive businesses, encourage visitor-serving and recreational
uses, and encourage physical and visual access to the bay on sites located on or near
the bay. Inasmuch as the proposed use will be within a multi-tenant office building and
will operate similar to an office use, the theme and character of the area will not be
compromised.
The majority of vehicle trips to the site will occur in the morning and in the afternoon
when students are dropped off and picked up which is consistent with an office use
where employees typically arrive in the morning and leave in the late afternoon. All
drop-offs and pick-ups will occur in the tuck-under parking area located on the ground
level of the building immediately adjacent to the elevator which directly accesses the
proposed tenant space (Attachment No. PC 4). The applicant has indicated that the
parent or guardian will notify the facility of the student’s arrival so that an employee can
meet the student at the elevator and escort him or her to the facility. While this cannot
be easily enforced by the City, it is an integral part of the program operation. Given the
long hours of the program, it is not anticipated parents or guardians will park on-site for
the duration.
Pursuant to Zoning Code Section 20.40.040 (Off-Street Parking Spaces Required), off-
street parking for schools is determined by the specific characteristics of the use and is
therefore established by conditional use permit. To determine an appropriate parking
requirement, the following primary factors were considered: (1) the number of students;
(2) the number of faculty (teachers and administrative personnel); and (3) whether or
not the students would drive to the facility. Staff recognized the proposed use as a
small-scale facility with nine employees overseeing and instructing a limited number of
teenage students who are transported to and from the facility by a parent or guardian.
With the prohibition of students driving themselves and no parents or guardians
anticipated on-site, the parking demand incurred would be primarily for the nine staff
members with the potential for a few visitors at various times. It should be noted that
prior use of the space as a professional or business office required approximately 20
parking spaces (4,839 square feet divided by 250 square feet equals 19.4 parking
spaces); therefore, the proposed use will have an equal or lesser parking demand than
the previous requirement. To ensure flexibility should the program change or expand
and to maintain consistency with the previous use, staff recommends requiring a
minimum of 20 parking spaces be provided. It should be noted, however, that the
applicant has been authorized to use 21 on-site parking spaces in the lease agreement
with the landlord which exceeds the recommended parking requirement and will help to
ensure there is no impact to the overall parking for the site.
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Newport Academy CUP
Planning Commission, September 17, 2015
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In order to limit the operation while allowing flexibility should the operation change or
expand, staff has included recommended conditions of approval that allow up to ten
employees and expanded hours of operation between 8:00 a.m. and 7:00 p.m. By
limiting the number of employees on-site at any one time as well as the hours of
operation, the parking provided will be sufficient to support the proposed use and there
will be little to no impact to the circulation of the site.
Use Permit Requirement and Findings
Pursuant to Table 2-5 (Allowed Uses and Permit Requirements) of Zoning Code Section
20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements), a private
educational facility (Schools, Public and Private) is allowed within the CM Zoning District
subject to the approval of a conditional use permit. Section 20.52.020 (Conditional Use
Permits and Minor Use Permits) stipulates the Planning Commission must make the
following findings in order to approve a Conditional Use Permit:
1. The use is consistent with the General Plan and any applicable specific plan;
2. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity;
4. 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; and
5. 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.
Staff believes sufficient facts exist to support the Conditional Use Permit for the
proposed private educational facility as demonstrated in the draft Resolution
(Attachment No. PC 1). The proposed use is consistent with the Zoning Code and
General Plan as it will not compromise the purpose and intent of the designation set
forth in each document. The proposed private educational facility will operate within a
multi-tenant office building and will function similar to other office uses. The proposed
hours of instruction and peak periods are similar to other office uses. In addition, all
activities will occur within the tenant space much like an office use thereby limiting any
concern regarding noise and compatibility with uses in the vicinity. The expansive size
of the site allows for adequate public and emergency vehicle access and the design
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Planning Commission, September 17, 2015
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with multiple drive aisles and maneuvering areas will provide adequate circulation for
both clients being dropped off, and existing users of the site. The number of parking
spaces on-site will adequately accommodate the projected use of the facility. Based on
characteristics of the use, the operation proposed will not be detrimental to the growth
of the City or constitute a hazard to the safety and general welfare of people working or
residing in the neighborhood.
Alternatives
The Planning Commission may also approve a modified project or deny the application.
Should the Planning Commission determine that the proposed use is not consistent with
the purpose and intent of the CM Zoning District or that the required findings cannot be
made, the attached Resolution for Denial (Attachment No. PC 2) is provided to facilitate
the denial of the project, and would require additional information or findings that the
Planning Commission may deem necessary or warranted.
Environmental Review
Staff recommends that the Planning Commission find the project is categorically exempt
under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines -
Class 1 (Existing Facilities). 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. The proposed
project is limited to interior improvements to convert a previous office use to a private
educational facility and involves no expansion in floor area. No traffic impacts are
expected and parking on site is available to accommodate the use.
Public Notice
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways) including the applicant and posted on the subject property at least
10 days before the scheduled meeting, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
Prepared by: Submitted by:
__________________________________
Benjamin M. Zdeba, AICP, Assistant
Planner
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Planning Commission, September 17, 2015
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ATTACHMENTS
PC 1 Draft Resolution for Approval
PC 2 Draft Resolution for Denial
PC 3 Applicant’s Project Description
PC 4 Project Plans
Staff Report_09172015.docx: 04/0714
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Attachment No. PC 1
Draft Resolution for Approval
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RESOLUTION NO. ____
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2015-036 FOR A PRIVATE EDUCATIONAL
FACILITY LOCATED AT 1111 BAYSIDE DRIVE, SUITE 150
PA2015-150
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Academy, with respect to property located at 1111
Bayside Drive, Suite 150, and legally described as Parcel 1 of Parcel Map 81-729, in the
City of Newport Beach, County of Orange, State of California, as per map filed in Book
171, Pages 40 and 41 of Parcel Maps, in the office of the County Recorder of said
County, requesting approval of a conditional use permit.
2. The applicant proposes to establish a private educational facility (Schools, Public and
Private) for intermediate and high school aged students (between the ages of 13 and
18) within an existing multi-tenant office building. No treatment will occur on-site as the
students will have already graduated from a licensed and certified treatment program.
3. The subject property is located within the Commercial Recreational and Marine (CM)
Zoning District and the General Plan Land Use Element category is Recreational and
Marine Commercial (CM).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Recreational and Marine Commercial (CM-B).
5. A public hearing was held on September 17, 2015, 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.
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3. The proposed project is limited to interior improvements to convert a previous office
use to a private educational facility and involves no expansion in floor area. No traffic
impacts are expected and parking on site is available to accommodate the use.
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 Recreational and Marine Commercial (CM) within
the Land Use Element of the General Plan which is intended to provide for commercial
development on or near the bay in a manner that will encourage the continuation of
coastal-dependent and coastal-related uses, maintain the marine theme and
character, encourage mutually supportive businesses, encourage visitor-serving and
recreational uses, and encourage physical and visual access to the bay on waterfront
commercial and industrial building sites on or near the bay.
2. The proposed private educational facility is consistent with the General Plan
designation as it will occupy a tenant space within an existing multi-tenant commercial
office building and will not hinder the goals and policies of this designation.
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 proposed use is allowed within the Commercial Recreational and Marine (CM)
Zoning District subject to the approval of a conditional use permit.
2. The proposed use will operate similar to an office use inasmuch as the majority of the
trips will occur in the morning and in the afternoon with all daily activities occurring
within the tenant space. Conditions of approval have been included to help ensure the
use is compatible with the surrounding office uses.
3. 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
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permit approval. Given the demand for parking for the proposed use will be generated
by employees of the facility, the result will be an equal or lesser parking demand than
the parking requirement of approximately 20 spaces placed on the previous office use.
Accordingly, a condition of approval has been included to require 20 parking spaces
which will allow for flexibility in the future should the applicant wish to expand.
4. 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.
Vehicle trips to the site will generally occur during the peak periods of each day
(beginning, middle, and end), consistent with office uses.
2. The proposed conversion of office space to a tutoring center involves a tenant
improvement at the second floor of an existing three-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 private education facility 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.
2. The size of the site allows for adequate vehicle access. The design with multiple drive
aisles and maneuvering areas will provide adequate circulation for both students being
dropped off and picked up as well as existing users of the site.
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03-03-2015
3. The project site has demonstrated that it is physically suitable to accommodate the
flow of office workers to the site which traditionally have the same or similar hours of
arrival. Therefore, the proposed private educational facility with consistently scheduled
instruction will be adequately served by the existing design of the site.
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 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.
2. 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2015-036, 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 17TH DAY OF SEPTEMBER, 2015.
AYES:
NOES:
ABSTAIN:
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ABSENT:
BY:_________________________
Kory Kramer, Chairman
BY:_________________________
Peter Koetting, Secretary
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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. Conditional Use Permit No. UP2015-036 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 20 parking spaces shall be required for the private educational facility.
6. Hours of instruction shall be limited between the hours of 8:00 a.m. and 7:00 p.m.,
daily.
7. All activities shall be conducted indoors.
8. Strict adherence to maximum occupancy limits is required.
9. The maximum number of employees shall be limited to 10.
10. The proposed path for drop-off and pick-up of students shall be subject to review of the
Public Works Department. At no time should the circulation of the site be negatively
impacted by the proposed use.
11. 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.
12. 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.
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13. 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.
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 7:00AM
and 10:00PM
Between the hours of
10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
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. 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.
16. 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.
17. 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.
18. 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 Newport Academy CUP including, but not limited to
Conditional Use Permit No. UP2015-036 (PA2015-150). 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.
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Attachment No. PC 2
Draft Resolution for Denial
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RESOLUTION NO. ____
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING CONDITIONAL USE
PERMIT NO. UP2015-036 FOR A PRIVATE EDUCATIONAL
FACILITY LOCATED AT 1111 BAYSIDE DRIVE, SUITE 150
PA2015-150
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Academy, with respect to property located at 1111
Bayside Drive, Suite 150, and legally described as Parcel 1 of Parcel Map 81-729, in the
City of Newport Beach, County of Orange, State of California, as per map filed in Book
171, Pages 40 and 41 of Parcel Maps, in the office of the County Recorder of said
County, requesting approval of a conditional use permit.
2. The applicant proposes to establish a private educational facility associated with an off-
site long-term care drug and alcohol rehabilitation program for teenagers (between the
ages of 13 and 18) within an existing multi-tenant office building. No treatment will
occur on-site as the students will have already graduated from a licensed and certified
treatment program.
3. The subject property is located within the Commercial Recreational and Marine (CM)
Zoning District and the General Plan Land Use Element category is Recreational and
Marine Commercial (CM).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Recreational and Marine Commercial (CM-B).
5. A public hearing was held on September 17, 2015, 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. Pursuant to Section 15270 of the California Environmental Quality Act (“CEQA”)
Guidelines, projects which a public agency rejects or disapproves are not subject to
CEQA review.
SECTION 3. REQUIRED FINDINGS.
The Planning Commission may approve a conditional use permit only after making each of
the required findings set forth in Section 20.52.020 (Conditional Use Permits and Minor Use
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Planning Commission Resolution No. ____
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Permits). In this case, the Planning Commission was unable to make the required findings
based upon the following:
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2015-036.
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 17TH DAY OF SEPTEMBER, 2015.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Kory Kramer, Chairman
BY:_________________________
Peter Koetting, Secretary
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Attachment No. PC 3
Applicant’s Project Description
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NEWPORT ACADEMY PROJECT DESCRIPTION AND JUSTIFICATION
Newport Academy is a fully licensed, nationally recognized drug and alcohol
rehabilitation provider dealing exclusively with a teenage population between
thirteen and eighteen. The company operates no drug and alcohol rehabilitation
facilities in the City of Newport Beach.
As a continuation of the long term care Newport Academy provides its
clients, Newport Academy seeks to open a purely academic facility at 1111
Bayside. They have rented approximately five thousand (5,000) square feet of
office space in a building that is currently zoned for educational use. As an
ancillary activity of a medical facility, we believe that Newport Academy is
entitled to obtain a minor use permit pursuant to Newport Beach's Zoning
regulations.
At the Bayside location, the Academy will be serving a maximum of twelve
(12) students between the ages of thirteen (13) and eighteen (18) in a purely
academic environment. The students will be on sight from 9:00 am till 4:00 pm.
There will be no weekend sessions. None of the students have their own cars and
will be delivered to, and picked up from, the facility by parents or legal guardians.
The students attending the Academy have already graduated from a licensed,
certified drug and alcohol treatment program, so there wiH be no rehabilitation
activity at the site. It will be purely academic.
Nine (9) staff members will be serving the students and, given the fact that
the leased space has a kitchen, neither students nor staff will be coming and
going from the site during its hours of operation.
Pursuant to the lease agreement, a copy of which is included, the Academy
is afforded nineteen (19) reserved outside parking spaces and two (2)
underground spaces at the site for a total of twenty one (21) parking spaces to
serve the nine staff members and the occasional visiting parent.
PA2015-150
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Kop[
LAW OFFICES OF PHILLIP B GREER
1300 Bristol Street North suite 100
Newport Beach, California 92660
(949) 640-8911 (949) 955-9069 (fax)
phil@phillipgreerlaw.com
September 8, 2015
Benjamin Zdeba
Assistant Planner
Community Development
100 Civic Center Drive
Newport Beach, California
92660
Re: 1111 Bayside suite 150
Dear Mr. Zdeba:
Per your request, the following is a consolidated response to the various
supplemental received from your office:
Academic Schedule: Per the schedule previously provided, the students are
under academic supervision from 9:00 am till 3:00 pm. When not in class, the
students have supervised breaks, including lunch, within the premises. As the
previously submitted floor/furnishing plan indicate, there is, in addition to the
lounge and kitchen/dining areas, a multi-purpose room that is available to the
students during their breaks. Students will not be leaving the premises during
academic hours. There will be no weekend activity at the facility.
Drop off/Pick up procedures: Per the drop off/pick up plan previously
submitted, students will dropped off and picked up by their parents at the
underground entrance to the building. Between 8:30 am and 9:00 am a staff member
will be at the entrance to receive the students and escort them up to the facility. Upon
28
LAW OFFICES OF PHILLIP GREER
2
B. Zdeba
Re: 1111 Bayside suite 150
September 8, 2015
dismissal, the parent will notify staff that they are at the entrance and the student will
then be escorted down to the waiting parent. No students will be allowed to wait
unattended. Furthermore, no student will be allowed to wander throughout the
building or adjacent parking lot at any time.
Drug and Alcohol Counseling: There will be no drug or alcohol counseling
conducted at the site. The students are graduates of residential treatment facilities
and have been returned to their parents and/or legal guardians. They still receive
counseling at other facilities but there are no such structured programs at the
location. The treatment programs occur at the two residential facilities located at 811
Ranchwood Trial and 3401 Hunters Trail, both in the City of Orange. The academic
program is currently operated at 485 E 17th Street, suites 200 and 245, in Costa Mesa.
Newport Academy is closing that facility.
Facility Layout: The layout of each of the rooms is identified on the previously
submitted floorplan. The specific use of each room is as follows:
a) The six spaces on the left side of the plan are for staff,
administration and faculty
b) The long room at the opposite end of the suite will be a classroom
with computer terminals for use by the students
c) The large area in the middle will be a multi purpose room for
lectures, programs and related activities
d) The lounge in the middle of the room will be for student breaks,
student/faculty interaction and independent study
e) The room to the right of the lounge will be another classroom
f) Storage, IT and kitchen are fairly self defining
29
LAW OFFICES OF PHILLIP GREER
3
B. Zdeba
Re: 1111 Bayside suite 150
September 8, 2015
I hope that the above answers your remaining questions. As always, if there is
an additional information I can provide to assist you, please do not hesitate to contact
me.
Again, thank you for your continued courtesy and assistance.
Sincerely,
Phillip B Greer
30
Attachment No. PC 4
Project Plans
31
INTENTIONALLY BLANK
P
A
G
E
32
PA2015-150 Attachment No. PC 4 - Project Plans
33
PA2015-150 Attachment No. PC 4 - Project Plans
34
PA2015-150 Attachment No. PC 4 - Project Plans
35
Planning Commission - September 17, 2015
Item No. 3a: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015
Item No. 3a: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015
Item No. 3b: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015
Item No. 3b: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015
Item No. 3b: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015
Item No. 3b: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Benjamin M. Zdeba, AICP, Assistant Planner
Date: September 14, 2015
Re: Newport Academy CUP (PA2015-150)
________________________________________________________________
Please find attached a revised drop-off and pick-up plan supplied by the
applicant to more correctly portray the proposed pattern for dropping off and
pickup up students. As a reminder, the plan as shown is intended only to represent the general circulation pattern and will be subject to final review and approval of the Public Works Department pursuant to condition of approval
number 10 in the draft resolution.
Attachment: Revised Drop-Off and Pick-Up Plan dated 09/14/15
Planning Commission - September 17, 2015
Item No. 3c: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015
Item No. 3c: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
1
Newport Academy CUPSubject:
Attachments:Bayside Square 9-10-15 1.jpg; Bayside Square 9-11-15 1.jpg; Bayside Square 9-11-15
2.jpg; Bayside Square 9-11-15 3.jpg; Bayside Square 9-11-15 4.jpg; Bayside Square
9-11-15 5.jpg; Bayside Square week of 9-8-15 1.jpg; Bayside Square week of 9-8-15
2.jpg; Bayside Square week of 9-8-15 3.jpg; Bayside Square week of 9-8-15 4.jpg
From: Kerry Krisher [mailto:Kerry@collinsbis.com]
Sent: Tuesday, September 15, 2015 4:00 PM
To: Zdeba, Benjamin
Cc: Budge Collins; Corina Munoz; Lisa Gravelle
Subject: Newport Academy CUP
HiBen,
ThankyouagainfortakingthetimetomeetwithCorinaMunozandmeattheCBISofficesyesterday.Weappreciated
theopportunitytodiscussourobservationsandconcernswithyou.Attachedpleasefindthephotosweshowedtoyou
duringourmeeting,aswellasotherphotoswhichweretakenaround6:30pmonFriday,September11,2015.As
thesephotosdemonstrate,theprotocolsdescribedinNewportAcademy’sCUPapplicationandtheletterfrom
NewportAcademy’slegalcounselarenotbeingfollowed.
IwillsendyouthevideoweviewedunderaseparateeͲmail.
Again,weappreciateyourconcern,andtheconcernoftheCommissionersyousharedwithus.
WelookforwardtoseeingyouagainatThursday’sPlanningCommissionmeeting.
Allthebest,
Kerry
KerryKrisher
Collins/BayIslandSecurities,LLC
1111BaysideDrive,Suite250
CoronadelMar,CA92625
Phone:(949)644Ͳ5771
Fax:(944)220Ͳ7197
Mobile:(949)697Ͳ7314
EͲmail:kerry@collinsbis.com
Planning Commission - September 17, 2015
Item No. 3d: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015 Item No. 3d: Additional Materials Received Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015 Item No. 3d: Additional Materials Received Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015 Item No. 3d: Additional Materials Received Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015 Item No. 3d: Additional Materials Received Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015 Item No. 3d: Additional Materials Received Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015
Item No. 3d: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015
Item No. 3d: Additional Materials Received
demy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015 Item No. 3d: Additional Materials Received Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015
Item No. 3d: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission - September 17, 2015
Item No. 3d: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
1
Newport Academy - Bayside Square Video Subject:
Attachments:IMG_2321.MOV
From: Kerry Krisher [mailto:Kerry@collinsbis.com]
Sent: Tuesday, September 15, 2015 4:04 PM
To: Zdeba, Benjamin
Cc: Budge Collins; Corina Munoz; Lisa Gravelle
Subject: Newport Academy - Bayside Square Video
Hi Ben,
Attached is the video taken at approximately 7:00 pm on Thursday, September 10, 2015. Viewed this video with you
during our meeting on September 14, 2015.
All the best,
Kerry
Kerry Krisher
Collins / Bay Island Securities, LLC
1111 Bayside Drive, Suite 250
Corona del Mar, CA 92625
Phone: (949) 644‐5771
Fax: (944) 220‐7197
Mobile: (949) 697‐7314
E‐mail: kerry@collinsbis.com
Planning Commission - September 17, 2015
Item No. 3e: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
http://www.newportbeachca.gov/pln/planning_commission/downloads/3e_Additional Materials
Received_Krisher_PA2015-150.mp4
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Planning Commission
From: Benjamin M. Zdeba, AICP, Assistant Planner
Date: September 17, 2015
Re: Newport Academy CUP (PA2015-150) Revised and Suggested
Additional Conditions of Approval
________________________________________________________________
In response to public comment received and additional review of the proposed
project, staff is recommending revising the following conditions of approval:
Condition of Approval No. 6 – Hours of instruction shall be limited between the
hours of 8:00 a.m. and 7:00 p.m., daily.
Revised – Students shall be permitted on-site only during hours of
instruction which shall be limited to between 9:00 a.m. and 4:00 p.m.,
Monday through Friday. Hours of operation for all other related office uses
shall be limited to between the hours of 8:00 a.m. and 7:00 p.m., daily.
Condition of Approval No. 7 – All activities shall be conducted indoors.
Revised – All activities related to the private educational facility including
classes and breaks shall be held within the tenant space of the building.
Staff is also recommending adding the following conditions of approval:
Added Condition of Approval No. 1 – The maximum number of students
shall be limited to 12.
Added Condition of Approval No. 2 – During designated drop-off and pick-
up times, a staff member shall monitor the entering and exiting of the
ground level elevator doorway. At no time shall there be unattended
students on the property.
Planning Commission - September 17, 2015
Item No. 3f: Additional Materials Received
Newport Academy Conditional Use Permit (PA2015-150)
Planning Commission
Public Hearing
September 17, 2015
Planning Commission - September 17, 2015
Item No. 3g: Additional Materials Presented at Meeting
Newport Academy Conditional Use Permit (PA2015-150)
Establish a private educational facility (school)
9 staff members
12 teenage students
9:00 a.m. to 4:00 p.m. instruction
Academic extension of off‐site drug and alcohol
treatment program
Community Development Department ‐Planning Division09/17/2015 2
Planning Commission - September 17, 2015
Item No. 3g: Additional Materials Presented at Meeting
Newport Academy Conditional Use Permit (PA2015-150)
Community Development Department ‐Planning Division09/17/2015 3
CM
RM
RM PI
CN
R‐1
Proposed
location
Newport
Beach
Yacht Club
Bayside
Shopping
Center
Single‐
family
residences
Condos
Condos
Planning Commission - September 17, 2015
Item No. 3g: Additional Materials Presented at Meeting
Newport Academy Conditional Use Permit (PA2015-150)
Community Development Department ‐Planning Division09/17/2015 4
Approximately 4,839 square feet
Elevator
Planning Commission - September 17, 2015
Item No. 3g: Additional Materials Presented at Meeting
Newport Academy Conditional Use Permit (PA2015-150)
Community Development Department ‐Planning Division09/17/2015 5
Elevator
Drop‐
Off/Pick‐Up
Suite
150
Planning Commission - September 17, 2015
Item No. 3g: Additional Materials Presented at Meeting
Newport Academy Conditional Use Permit (PA2015-150)
CM Designation (CLUP and GP)
Occupying existing office space –no changes
CM Zoning District
Allowed subject to CUP approval
Parking established by CUP
Community Development Department ‐Planning Division09/17/2015 6
Planning Commission - September 17, 2015
Item No. 3g: Additional Materials Presented at Meeting
Newport Academy Conditional Use Permit (PA2015-150)
Will function similarly to other office uses
Activities within tenant space
Monitored access
Hours of instruction are complementary
Drop‐off and pick‐up times are off peak
Parking is equal to or less than office demand
Limitation on staff/students
Community Development Department ‐Planning Division09/17/2015 7
Planning Commission - September 17, 2015
Item No. 3g: Additional Materials Presented at Meeting
Newport Academy Conditional Use Permit (PA2015-150)
Condition of Approval No. 6
Hours
Condition of Approval No. 7
Activities
Maximum # of students
Staff monitoring at ground level entry
Community Development Department ‐Planning Division09/17/2015 8
Planning Commission - September 17, 2015
Item No. 3g: Additional Materials Presented at Meeting
Newport Academy Conditional Use Permit (PA2015-150)
Conduct a public hearing;
Adopt a resolution approving Conditional Use
Permit No. UP2015‐036 with additional
conditions of approval
Community Development Department ‐Planning Division09/17/2015 9
Planning Commission - September 17, 2015
Item No. 3g: Additional Materials Presented at Meeting
Newport Academy Conditional Use Permit (PA2015-150)
For more information contact:
Benjamin M. Zdeba, AICP
949‐644‐3253
bzdeba@newportbeachca.gov
www.newportbeachca.gov
Planning Commission - September 17, 2015
Item No. 3g: Additional Materials Presented at Meeting
Newport Academy Conditional Use Permit (PA2015-150)