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Home My WebLink About20161117_PC Staff ReportCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT November 17, 2016 Planning Commission Meeting Agenda Item No. 3 SUBJECT: Viewpoint Church Conditional Use Permit (PA2016-144) 866 W. 16th Street Conditional Use Permit No. UP2016-039 APPLICANT: Landworks Development Services OWNER: Michael and Kathleen Voorhees PLANNER: Melinda Whelan, Assistant Planner (949) 644-3221, mwhelan@newportbeachca.gov PROJECT SUMMARY A conditional use permit to establish an assembly use for a church at 866 W. 16th Street. The request also includes the approval of a parking management plan and an off-site parking agreement. The off-site parking would be located at 1701 Placentia Avenue in the City of Costa Mesa. The proposed assembly use would occupy an tenant space within a 10,000 square foot building that is shared with one other tenant at 864 W. 16th Street. Project implementation includes parking lot striping and tenant improvements to the interior of the space to create offices, restrooms, storage, kitchen, and assembly areas. RECOMMENDATION 1)Conduct a public hearing; and 2)Adopt Resolution No. _ approving Conditional Use Permit No. UP2016-039 (Attachment No. PC 1). 1 INTENTIONALLY BLANK P A G E 2 View Point Church Use Permit Planning Commission, November 17, 2016 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Industrial (IG) Industrial IG Photography studio and general business office NORTH IG IG Light Industrial/Manufacturing SOUTH IG IG Light Industrial/Manufacturing/ offices EAST Costa Mesa Costa Mesa Manufacturing/offices WEST Land Use Plan Category Zoning District Light Industrial/Manufacturing/offices 3 View Point Church Use Permit Planning Commission, November 17, 2016 Page 3 INTRODUCTION Project Setting The subject property is within the southeast corner of a block of industrial buildings located between Babcock Street, W. 16th Street, and Monrovia Avenue. The subject lot, created as resubdivision from the original block in 1966, is 146 feet wide by 165 feet. The lot is developed with a 10,000 square foot building that was originally constructed in 1966 for Lok-Fast Incorporated. Overtime the subject site evolved into a photography studio and general business office similar to the uses in the surrounding neighborhood that are mostly light industrial or manufacturing and general business offices. The church would take over the 5,000 square foot photography studio. The subject site currently has no striped parking stalls but the rear of the property is used for parking. Access to the site is provided through a two-way driveway on Babcock Street. Additionally, there is a two-way driveway off of W. 16th Street that is dissected by the westerly property line and shared with the abutting property at 868 W. 16th Street. The shared access is authorized by an existing private easement agreement from 1966. Project Description The church will assemble on-site on Sundays and Holidays. Additionally, during the week there will be bible study groups Tuesday through Friday, 7:00 p.m. to 9:00 p.m.; Wednesday 10:00 a.m. to 11:30 a.m.; and Saturdays 8:00 a.m. to 12:00 p.m. Monday through Friday the church offices will be used by seven staff members from 9:00 a.m. until 5:00 p.m., except on Wednesdays when the staff will arrive after 11:45 a.m., after bible study. A schedule of the hours of operation is provided in the Draft Parking Management Plan in Attachment No. PC 3. Parking will be provided for the church assembly and related office uses by the proposed on-site parking and by off-site parking at 1701 Placentia Avenue, Costa Mesa (see picture below) pursuant to an Access and Easement Agreement (Attachment No. PC 2). The parking is discussed in more detail in the parking section below. The church will improve the interior of the tenant space to meet Building Code requirements including the addition of walls to separate the larger assembly area from the office areas and additional restrooms. Offices, kitchen, storage, and a smaller assembly room for the bible studies will also be established. 4 View Point Church Use Permit Planning Commission, November 17, 2016 Page 4 Background The parcel was created when the building was constructed in 1966. The original construction was for a 10,000 square foot building for a light manufacturing company, Lok-Fast. In 1967, at the time of construction the property was designed with the minimum required 28 parking spaces for the M-1A Zoning Code Designation. Over time the site was repaved and the parking spaces were never re-striped. However, along the rear of the property that is currently fenced-in there is a parking area with parking curbs but with no striping so the number of actual spaces is unknown. In the northwesterly corner of this parking area there is private accessory storage for the tenants. Additionally, behind a fence along the paved westerly side of the property, adjacent 868 W. 16th Street there are play areas and a skate board ramp. 5 View Point Church Use Permit Planning Commission, November 17, 2016 Page 5 DISCUSSION Analysis General Plan The property is designated with a General Plan land use of Industrial (IG) which is intended to provide for a wide range of moderate to low intensity industrial uses and limited commercial and office uses. The proposed assembly and office use for the church is consistent with the intent of this designation Zoning Code The property has a Zoning designation of Industrial (IG) 0.75 FAR which is intended to provide areas appropriate for a wide range of industrial uses such as light manufacturing and research and development with limited accessory commercial and office uses. Assembly and related office use for the church is a permitted use with the approval of a Conditional Use Permit within this zoning district. With the exception of the required off-street parking, the building complies with the floor area ratio (FAR), height, setbacks and other standards of the Zoning Code. Parking Parking Demand and Parking Management Plan The Zoning Code required parking for assembly uses such as the church is 1 space for each 3 seats. The church assembly on Sundays and Holidays with a maximum 100 seats requires 34 parking spaces. The bible studies during the week and on Saturday (maximum 32 people) require 11 parking spaces. Historically, the site was striped with an unconfirmed number of stalls at the rear of the property and possibly along the westerly side of the building however, over time the site has been repaved with no striped parking stalls. Also, over time there have been storage, fences, and play areas added to the paved area. The fence and play areas would be removed. The proposed striping would create 9 stalls at the rear of the property, an additional stall for turn-around, and a 26-foot wide drive-isle. These stalls are primarily for the use of the adjacent tenant, Starch Creative business office. Additionally, the church proposes to stripe 11 stalls along the westerly side of the building to provide the minimum on-site parking for the weekly office and bible study groups. These stalls are contingent upon an amendment to an existing easement agreement for ingress and egress with the 868 W. 16th Street (Adjacent Property). The existing easement provides 8 feet of the Adjacent Property to the subject property for ingress and egress. In order to stripe the additional stalls, the ingress and egress agreement needs to provide an additional 5 feet to provide the minimum drive isle width for the new parking area. Therefore, there is a condition of approval in place requiring the recordation of an amendment to the ingress and egress agreement prior to 6 View Point Church Use Permit Planning Commission, November 17, 2016 Page 6 implementation of this Conditional Use Permit, the approval of tenant improvements or any operation related to the church assembly use. The site plan found in Attachment No. PC 4 has been reviewed by the City Traffic Engineer and demonstrates all of the minimum required parking and circulation requirements including isle-widths, with the additional 5 feet of the Adjacent Property that the amended easement would provide. A total of 20 spaces would be striped on-sited. The church would have the 11 stalls along the westerly side of the building at all times. During the weekly evening hours and the Saturday hours for the bible studies, an additional 9 on-site parking spaces along the rear of the property will be available when Starch Creative (the adjacent tenant) is not operating. Off-Site Parking For the church assembly on Sundays and Holidays off-site parking will be provided per the attached Access and Parking Agreement (Attachment No. PC 2). The agreement authorizes the church to utilize 75 parking spaces on Sundays and Holidays at the Cla- Valv property located at 1701 Placentia Avenue, Costa Mesa. A shuttle service will be provided on Sundays and Holidays to transport parishioners to the off-site parking which is approximately 2,000 feet from the church. A 14-passenger shuttle bus will commence at 9:30 a.m. on Sundays and Holidays and make three trips from the off-site parking to the church at 9:30 a.m., 9:45 a.m., and 10:00 am.; and after the service from the church to the off-site parking at 11:15 a.m., 11:30 a.m., and 11:45 a.m. A summary of the shuttle service is provided in the draft Parking Management Plan (Attachment No. PC 3) which has been reviewed by the City Traffic Engineer. The final Parking Management Plan including the shuttle service is conditioned to require final approval by the Community Development Director and City Traffic Engineer. Findings for Approval Off-site Parking Findings for Approval Pursuant to Section 20.40.100 B., to approve off-site parking, the Planning Commission shall make the following findings in addition to those required for the approval of a conditional use permit (see following section for conditional use permit findings): 1. The parking facility is located within a convenient distance to the use it is intended to serve; 2. On-street parking is not being counted towards meeting parking requirements; 3. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and 4. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. 7 View Point Church Use Permit Planning Commission, November 17, 2016 Page 7 A shuttle service will be provided on Sundays and Holidays to transport parishioners to the off-site parking are which is approximately 2,000 feet from the church. The use of on-street parking for the proposed church is not proposed. Parking attendants will be working at the off-site parking lot and on the church site to assist with directing traffic and shuttle pick-up and drop off. With the use of the shuttle and parking attendant services, there are no traffic hazards or negative impacts anticipated. The off-site parking agreement found in Attachment PC No. 2 provides 75 parking spaces at 1701 Placentia Avenue which is occupied by Cla-Val an industrial manufacture that is closed on Sundays and Holidays. To ensure the availability of off-site parking, conditions of approval require the operator to notify the City of a change of ownership or use of the parcel where the off-site spaces are located, or changes in the use that the spaces are intended to serve, or of any termination or default of the agreement between the parties. Upon termination of the agreement the size or capacity of the assembly use shall be reduced in proportion to the parking spaces lost or other parking spaces are secured. Conditional Use Permit Findings for Approval Pursuant to Section 20.24.020(C), Section 20.40.100 A. and 20.40.110 B., the Planning Commission may approve or conditionally approve a conditional use permit for the assembly use and for these types of parking requests only after first finding all of the following per Section 20.52.20 (Conditional Use Permits): 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. The assembly and related offices for the church is a permitted use within the Industrial General Plan and Zoning designations. Contingent upon the recordation of the amendment to the ingress and egress access agreement, the on-site parking and 8 View Point Church Use Permit Planning Commission, November 17, 2016 Page 8 access is adequate for the weekly office and bible study groups. The proposed off-site parking for Sundays and Holidays is convenient with the inclusion of the shuttle service and is permanently available for the church services as required by Code. Vehicle circulation has been reviewed by the City Traffic Engineer and a final Parking Management Plan including the shuttle service plan is required to be approved prior to implementation of this Use Permit and the issuance of permits for the church. A valid off-site parking agreement is conditioned to be in place providing at least the minimum required parking spaces for the church assembly services on Sundays and Holidays as long as these services are being provided. The site is within a light industrial and general business office area so during the peak use of the church which is on Sundays and Holidays, most of the surrounding businesses are closed for operation. This leaves ample street-parking and diminishes any impact to these businesses. Summary In conclusion, the proposed church is a compatible use within the existing light industrial and business office area with peak hours during Sundays and Holidays when the surrounding businesses are closed. The proposed on-site parking for the weekly operations and the off-site parking for the church service on Sundays and Holidays provides the minimum Code required parking for the assembly use. After a thorough review of the proposal and issues, staff believes the findings can be made and a draft resolution for approval is provided as Attachment No. PC 1. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application and adopt the draft resolution for denial (Attachment No. PC 5). Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 The church use would occupy an existing tenant space with no or negligible expansion of use. Public Notice Notice of this hearing 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 9 View Point Church Use Permit Planning Commission, November 17, 2016 Page 9 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: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Access and Parking Agreement (Off-Site Parking Agreement) PC 3 Draft Parking Management Plan PC 4 Plans PC 5 Draft Resolution for Denial 10 Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 INTENTIONALLY BLANK P A G E 12 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING USE PERMIT NO. UP2016-039 FOR A CHURCH ASSEMBLY USE AND RELATED OFFICES WITH OFF-SITE PARKING LOCATED AT 866 W. 16TH STREET (PA2016-144) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Land Works Development on behalf of Michael and Kathleen Voorhees with respect to property located at 866 W. 16th Street, and legally described as Parcel 1: the easterly 176 feet of the southerly 165 feet of Lot 912 of Newport Mesa Tract; and Parcel 2: an easement for ingress, egress and driveway purposes to be used in common with others over the westerly 8 feet of the easterly 184 feet of the southerly 165 feet of Lot 912 of Newport Mesa Tract, both in the City of Newport Beach, County of Orange, as per map recorded in book 5 page 1 of Miscellaneous Maps, in the County Recorder of Said County requesting approval of a Conditional Use Permit. 2. The applicant proposes assembly use for a church at 866 W. 16th Street. The request also includes the approval of a parking management plan and an off-site parking agreement. The off-site parking would be located at 1701 Placentia Avenue in Costa Mesa. 3. The subject property is located within the Industrial (IG) Zoning District and the General Plan Land Use Element category is Industrial (IG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 17, 2016 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 2. The church use would occupy an existing tenant space in an existing building with no or negligible expansion of use. 13 Planning Commission Resolution No. #### Page 2 of 10 SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Sections 20.40.100(A) and (B), a conditional use permit is required for any portion of required parking that is not located on the same site it is intended to serve. The following findings and facts in support of such findings are set forth below: Finding A. The parking facility is located within a convenient distance to the use it is intended to serve. Fact in Support of Finding 1. The off-site parking spaces will be located on a property located a little less than a ½ mile north of the subject property in Costa Mesa. However, a shuttle service is provided in the Parking Management Plan. The shuttle service will provide three trips before and after the services on Sundays and Holidays to the off-site lot. The Parking Management Plan also includes parking attendants at the on-site and off-site parking lots to help with the circulation and the loading and unloading of shuttle passengers. The Parking Management Plan with these operations in place ensure the convenience of the off-site parking. Finding B. On-street parking is not being counted towards meeting parking requirements; Fact in Support of Finding 1. None of the spaces counted to provide the minimum required parking for the church assembly use are on-street. 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 is on an industrial site that is closed on Sundays and Holidays and pursuant to the Access and Parking Agreement a minimum of 75 parking spaces will be provided within the large parking lot area. As provided in the Parking Management Plan parking attendants will be provided to assist in directing the shuttles and vehicles at the church site and at the off-site parking lot. The draft Parking Management Plan has been reviewed by the City Traffic Engineer. 14 Planning Commission Resolution No. #### Page 3 of 10 2. The final Parking Management Plan including the shuttle service for the off-site parking requires approval by the City Traffic Engineer prior to permit issuance for the tenant improvements and commencement of the church use of the property. Any future changes will require additional review and approval by the City Traffic Engineer. 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. The Access and Parking Agreement between the subject property and 1701 Placentia Avenue is required by a condition of approval to be recorded with the County Recorder’s Office. This Agreement allows the church to access and use 75 spaces at the off-site lot on Sundays and on Holidays. 2. A condition of approval requires that the applicant notify the City of any changes to the off-site parking lot such as redevelopment or a change of use of the site, or a termination or default of the existing Access and Parking Agreement. Upon such notification, the Community Development Director can determine if an alternative location for off-site parking spaces is needed or a reduction of the church use in proportion to the parking spaces lost is required. Pursuant to NBMC Section 20.24.020(C), the Planning Commission may approve or conditionally approve a Conditional Use Permit for assembly/meeting facilities such as the church. Additionally, pursuant to NBMC Section 20.40.100(B) the Planning Commission may approve or conditionally approve a conditional use permit for the off-site parking request. Both may be approved by the Planning Commission only after first finding all of the following per Section 20.52.020(F) (Conditional Use Permits): Finding E. The use is consistent with the General Plan and any applicable specific plan; Fact in Support of Finding The property is designated with a General Plan land use of Industrial (IG) which is intended to provide for a wide range of moderate to low intensity industrial uses and limited commercial and office uses. The proposed church assembly use and related offices is consistent with the intent and goals of this designation. Finding F. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 15 Planning Commission Resolution No. #### Page 4 of 10 Facts in Support of Finding 1. The property has a Zoning designation of Industrial (IG) which is intended to provide areas appropriate for a wide range of industrial uses with limited accessory commercial and office uses. The proposed church assembly use and related offices is consistent with the intent of this designation. 2. With the exception of the required off-street parking, the building complies with the floor area ratio (FAR), height, setbacks and other standards of the Zoning Code. 3. The interior of the church tenant space will be improved to meet Building Code requirements for assembly and office uses, as required by conditions of approval. Finding G. 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. West 16th Street and the surrounding neighborhood consist of light industrial and manufacturing as well as general office uses. Most of the businesses are open during regular business hours during the week and some on Saturday. On Sunday, during the peak use of the church site, most if not all of the surrounding businesses are closed. 2. The proposed vehicle circulation on-site and the draft Parking Management Plan has been reviewed by the City Traffic Engineer. The final Parking Management Plan including the shuttle service and the final site plan is conditioned to require final approval by the City Traffic Engineer and the Community Development Director. 3. The access to the on-site parking has been determined to be adequate for the weekly and Saturday church bible study and office uses. 4. The off-site parking with the shuttle service has been determined to be adequate for the church use on Sundays and Holidays and is compatible with the other lots in the area. Finding H. 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 16 Planning Commission Resolution No. #### Page 5 of 10 Facts in Support of Finding 1. The on-site parking lot has been reviewed for adequate access and circulation for use by employees of the church, the second building tenant (Starch Creative Inc.), church patrons and access by emergency vehicles. 2. Aisle widths and parking sizes have been reviewed for proper circulation by the City Traffic Engineer and a final review and approval of the Parking Management Plan and site plan is required prior to implementation of this Use Permit and permit issuance for the church use. 3. Conditions of approval have been included with this resolution to ensure fire services and utilities are protected in place. Finding I. 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. A condition is in place that requires the final Parking Management plan including the shuttle service, circulation, and travel routes between the sites be approved by the City Traffic Engineer. 2. The site is within a light industrial, general business office area so during the peak use of the church which is on Sundays and Holidays, most of the surrounding businesses are closed for operation. This leaves ample street-parking and diminishes any impact to the surrounding neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2016-039, 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 NBMC Title 20 Planning and Zoning. 17 Planning Commission Resolution No. #### Page 6 of 10 PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF NOVEMBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Kory Kramer, Chairman BY:_________________________ Peter Zak, Secretary 18 Planning Commission Resolution No. #### Page 7 of 10 EXHIBIT “A” CONDITIONS OF APPROVAL PLANNING 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. 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). 3. This Conditional Use Permit may be modified or revoked by the City Council or 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. 4. Prior to implementation of Use Permit No. UP2016-039 and the issuance of permits for the church use, an amendment to the ingress and egress easement with the adjacent property at 868 W. 16th Street shall be recorded to provide the minimum 24-foot drive isle for the proposed parking along the westerly side of the building. The final site plan showing the amended easement shall be reviewed and approved by the City Traffic Engineer. 5. The larger assembly area with a maximum of 100 seats shall only be utilized on Sundays, Christmas Eve, Christmas and Good Friday when the off-site parking is available. 6. The bible study group sizes shall be limited to the following: a maximum of 32 people for Tuesday through Friday evenings; a maximum 32 people for Wednesday mornings; and a maximum 32 people for Saturday mornings. 7. Prior to the issuance of building permits, the owner shall remove all accessory structures except for one 22-foot by 32-foot storage container in the north west corner of the lot. The subject storage container shall occupy no more than three parking spaces. 8. A minimum of 11 parking spaces including one handicap accessible stall shall be provided along the westerly side of the building clear of all obstructions and accessible for parking at all times. A minimum of nine (9) parking spaces and a designated turn around area shall be provided along the rear of the property, clear of all obstructions and accessible for parking at all times. 9. The church shall have access to the nine (9) parking spaces at the rear of the property when operations are outside the business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 19 Planning Commission Resolution No. #### Page 8 of 10 10. The applicant is required to obtain all applicable permits from the City Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 11. The Community Development Director shall be immediately notified of any change of ownership, use or access to the property where the off-site spaces are located (1701 Placentia Avenue), or of any termination or default of the existing Access and Parking Agreement between the parties. 12. The Access and Parking Agreement between the subject property and 1701 Placentia Avenue shall be reviewed and approved the City Attorney and recorded at the County of Orange. 13. The final Parking Management Plan including the shuttle service shall be reviewed and approved by the Community Development Director and the City Traffic Engineer prior to implementation of Use Permit No. UP2016-038 and issuance of building permits for the church. Modifications to the Parking Management Plan may be necessary as parking issues occur and may include the requirement of additional shuttle services. 14. The final Parking Management Plan including the shuttle service and parking attendants shall be fully implemented per the specific requirements within the Plan at all times. 15. Upon notification that the agreement for the required off-site parking has terminated or access to those spaces is no longer available, the Director shall establish a reasonable time in which one of the following shall occur: a. Substitute parking is provided that is acceptable to the Community Development Director; or b. The size or capacity of church assembly use is reduced in proportion to the parking spaces lost. 16. 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. 17. Use Permit No. UP2016-039 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.60 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 18. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 19. 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, 20 Planning Commission Resolution No. #### Page 9 of 10 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 (Viewpoint Church Use Permit) project including, but not limited to, (Use Permit No. 2016-039) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. 20. The church shall include the City of Costa Mesa as an additionally insured in its insurance policy which is relevant to use of the off-site parking area located at 1701 Placentia Avenue, Costa Mesa. 21. New signs or changes to existing signs shall comply with sign regulations required in Zoning Code Section 20.42 (Sign Standards), as well as City Standard 110-L to ensure adequate site distance. PUBLIC WORKS/UTIILITIES 22. The on-site parking layout shall comply with City Standard STD-805-L-A and STD-805-L- B. 23. All improvements shall be constructed as required by Ordinance and the Public Works Department. 24. West 16th Street is on the City’s Street-cut moratorium list. Trenching/damage to said street will require extensive street repair. Public Works will provide repair requirements. 25. The proposed project shall be designed to comply with the City sight distance standard STD-110-L. BUILDING 26. The assembly area shall be less than 750 square feet and must be the gross area of the assembly area not just the area of the seating per Section 303.1.2.2 CBC. Provide a minimum 42-inch aisle as part of the area calculation. 27. Provide and construct a full height wall to ensure the occupant load is limited and controlled. 28. Each row shall provide a minimum 12-inch clear space in front of the seats. 21 Planning Commission Resolution No. #### Page 10 of 10 29. The seating calculation must be included with an occupant load sign posted. 30. Illuminated exit signs are required over the required exit doors. 31. A code modification request shall be filed prior to issuance of permits by the church for the B Occupancy with an occupant load exceeding 50. 32. The raised platform will need to comply with accessibility. 33. The plans must demonstrate compliance with Section 11B 202 CBC. FIRE 34. Consistent with the Building Code requirements, the assembly area shall be less than 750 square feet and shall be separated from other uses of the occupancy by a full height wall. 35. The door widths shall accommodate occupant loads per the California Fire Code (CFC) Section 1008.1.1. 36. Doors shall swing in the direction of egress travel where serving a room or areas contain an occupant load of 50 or more persons per CFC Section 1008.1.2. 37. Doors serving an area with an occupant load of 50 or more shall not be provided with a latch or lock unless it is panic hardware per CFC Section 100.1.10. 38. Exit signs shall be illuminated at all times and have not less than 90 minutes of emergency power from storage batteries, unit equipment or an on-site generator. CFC Section 1001.6.3. 22 Attachment No. PC 2 Access and Parking Agreement (Off-Site Parking Agreement) 23 INTENTIONALLY BLANK P A G E 24 25 26 27 28 Exhibit A 29 Exhibit B 30 Attachment No. PC 3 Draft Parking Management Plan 31 INTENTIONALLY BLANK P A G E 32 Viewpoint Church Parking Management Plan September 26, 2016 PA2016-144 866 W 16th St Viewpoint Church September 26, 2016 Parking Management Plan The following Parking Management Plan for Viewpoint Church, located at 866 W 16th Street, provided by address. The Parking Management Plan will employ the following management mechanisms to mitigate impacts associated with a modification of the off- street parking spaces: Hours of Operation  Viewpoint Church, 866 W. 16th Street o Assembly will meet on Sunday’s from 10AM to 11:15AM. o Assembly will meet on Christmas Eve, Christmas Day, and Good Friday in the late afternoon. o Monday through Friday: office use of up to 7 staff members from 9:00AM to 5:00PM, except on Wednesdays staff does not arrive until 11:45. o Tuesdays from 7:00PM to 8:30PM: small group meetings of 8 to 12 people. o Wednesdays from 7:00PM to 8:30PM: young adult ministry of up to 25 people. For about 20 weeks out of the year on Wednesdays, from 10AM to 11:30AM up to 32 people meet for women’s bible study. o Thursdays from 6:00PM to 9:00PM: prayer service of up to 32 people including some of the staff members. o Fridays from 7:00PM to 9:00PM: prayer and praise of up to 32 people including some of the staff members. o Saturdays from 8:00AM to Noon: office, prayer, and ministry of up to 10 people.  Starch Creative, 864 W. 16th Street (attached unit with the same owner as 866) o Operation is closed on Sunday’s. On-Site Parking  A minimum of Eleven (11) parking spaces are on-site at 866 W 16th Street Sunday through Saturday.  A minimum of Twenty (20) parking spaces are on-site at 866 W 16th Street On Sunday. 33 Viewpoint Church Parking Management Plan September 26, 2016 PA2016-144 Off-Site Parking  A minimum of seventy five (75) off-site parking spaces shall be provided at 1701 Placentia Ave, in Costa Mesa and is shown in the attached as Exhibit A. An off- site parking agreement and amendment has been signed by the owner and has been included. The agreement and amendment gives Viewpoint Church and its visitors, for the entire day on each Sunday, Christmas Eve, Christmas Day, and Good Friday, the right to access over the drive aisles and a minimum of 75 parking spaces located on the Griswold Industries Property, as is depicted on Exhibit B to the Access and Parking Agreement. Once parked, people will walk, or shuttle, South on Monrovia Ave then East on W 16th Street to arrive at Viewpoint Church as shown in Exhibit A. Shuttle Service for Off-Site Parking A shuttle service is required per the attached shuttle service plan for Sunday, , Christmas Eve, Christmas Day, and Good Friday for the assembly meetings starting 30 minutes prior to and running through 30 minutes afterward. This shuttle will bring Viewpoint members from the Off-Site Parking at 1701 Placentia Ave to Viewpoint Church according to the Travel Path as shown in Exhibit A, Traveling South on Monrovia, and East on W 16th St, and returning North on Babcock and West on W 17th St. Weekday Bible Studies The meetings and Bible Studies during the week do not exceed 32 people and will utilize the 11 on-site parking spaces. Holiday’s  Easter – On Easter Sunday’s we do not meet at the Viewpoint Church building and will not require parking because we will host service on the Beach as we have since Viewpoint started.  Christmas Eve, Christmas Day, and Good Friday – Viewpoint will have a Shuttle Services to the Off-Site Parking at 1701 Placentia Ave. Street parking  At least 13 street parking spaces on Babcock Street directly East and at least 13 street parking spaces on W 16th Street are available directly South of Viewpoint Church and immediately surrounding the building. There are additional street parking spaces further down both W 16th Street and Babcock. While these 34 Viewpoint Church Parking Management Plan September 26, 2016 PA2016-144 spaces do not officially contribute to the parking requirement, their close proximity means they will likely be utilized for Viewpoint although they will not have exclusive access to these spaces. 35 Viewpoint Church Parking Management Plan September 26, 2016 PA2016-144 Exhibit A 36 37 INTENTIONALLY BLANK P A G E 38 Attachment No. PC 4 Plans 39 INTENTIONALLY BLANK P A G E 40 PA2016-144 Attachment No. PC 4 -Project Plans 41 PA2016-144 Attachment No. PC 4 -Project Plans 42 Attachment No. PC 5 Draft Resolution for Denial 43 INTENTIONALLY BLANK P A G E 44 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING USE PERMIT NO. UP2016-039 FOR A CHURCH ASSEMBLY USE AND RELATED OFFICES WITH OFF-SITE PARKING LOCATED AT 866 W. 16TH STREET (PA2016-144) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Land Works Development on behalf of Michael and Kathleen Voorhees with respect to property located at 866 W. 16th Street, and legally described as Parcel 1: the easterly 176 feet of the southerly 165 feet of Lot 912 of Newport Mesa Tract; and Parcel 2: an easement for ingress, egress and driveway purposes to be used in common with others over the westerly 8 feet of the easterly 184 feet of the southerly 165 feet of Lot 912 of Newport Mesa Tract, both in the City of Newport Beach, County of Orange, as per map recorded in book 5 page 1 of Miscellaneous Maps, in the County Recorder of Said County requesting approval of a Conditional Use Permit. 2. The applicant proposes assembly use for a church at 866 W. 16th Street. The request also includes the approval of a parking management plan and an off-site parking agreement. The off-site parking would be located at 1701 Placentia Avenue in Costa Mesa. 3. The subject property is located within the Industrial (IG) Zoning District and the General Plan Land Use Element category is Industrial (IG). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 17, 2016 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 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. 45 Planning Commission Resolution No. #### Page 2 of 3 SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Sections 20.40.100(A) and (B), a conditional use permit is required for any portion of required parking that is not located on the same site it is intended to serve. In this case, the Planning Commission was unable to make the required findings set forth based upon the following: Pursuant to NBMC Section 20.24.020(C), the Planning Commission may approve or conditionally approve a Conditional Use Permit for assembly/meeting facilities such as the church. Additionally, pursuant to NBMC Section 20.40.100(B) the Planning Commission may approve or conditionally approve a conditional use permit for the off-site parking request. Both may be approved by the Planning Commission subject to the findings found in Section 20.52.020(F) (Conditional Use Permits). In this case, the Planning Commission was unable to make the required findings set forth based on the following: SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Use Permit No. UP2016-039, 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 NBMC Title 20 Planning and Zoning. PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF NOVEMBER, 2016. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Kory Kramer, Chairman BY:_________________________ Peter Zak, Secretary 46 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: Melinda Whelan, Assistant Planner Date: November 14, 2016 Re: Agenda Item No. 3 Viewpoint Church PA2016-144 for Use Permit No. UP2016-039 Staff proposes to change Condition No. 5 found in the Draft Resolution (Attachment No. PC 1) of the Staff Report. The change is due to clarification on the proposed floor plan that was provided to staff after distribution of the staff report. Condition No. 5 currently states: 5. The larger assembly area with a maximum of 100 seats shall only be utilized on Sundays, Christmas Eve, Christmas and Good Friday when the off-site parking is available. Staff proposes to change Condition No. 5 to state: 5. The larger assembly area shall only be utilized on Sundays, Christmas Eve, Christmas and Good Friday when the off-site parking is available. The assembly area shall have the maximum number of seats that the off- site parking will allow at 1 space per 3 seats and meet the occupancy requirements of the Building and Fire Code provided in the Building and Fire conditions below. Planning Commission - November 17, 2016 Item No. 3a Additional Materials Received Viewpoint Church Conditional Use Permit (PA2016-144) 1 Subject:FW: Viewpoint Church ‐‐‐‐‐Original Message‐‐‐‐‐ From: Frania Black [mailto:frania@cox.net] Sent: Thursday, November 17, 2016 7:35 AM To: Kiff, Dave Subject: Viewpoint Church Hi Dave, .... I am in a women’s bible study with Becky Tirabassi and have know her for years. She and Roger are wonderful people and such an incredible addition to our community. I actually first heard of her 10 years ago when I was living in Seattle and did a bible study with one of her books. I understand tonight is the meeting to hopefully approve her church site and parking in Newport Beach. I ask of you to please approve Roger and Becky’s plans. They are both amazing and it will be such a blessing. If you have any questions please feel free to contact me. Thank you so much for your consideration. Kind regards, Frania Black 24 Colonial Dr. Newport Beach, CA (949) 274‐1811 email: frania@cox.net Planning Commission - November 17, 2016 Item No. 3b Additional Materials Received Viewpoint Church Conditional Use Permit (PA2016-144) Planning Commission Public Hearing November 17, 2016 Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144) Assembly Use ▪Largest group on Sundays ▪Smaller groups during the week Off‐Site Parking Agreement ▪1701 Placentia Avenue, Costa Mesa ▪Parking Management Plan including shuttle service and parking attendants 2Community Development Department ‐Planning Division Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144) Property developed with building for light manufacturing in the 1960’s Existing building used by two tenants – photographer and general business office Existing paved area at the rear of the property used for parking but not striped Community Development Department ‐Planning Division 3 Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144) Community Development Department ‐Planning Division 4 Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144) Convert one of existing tenant spaces into church office and assembly use 5,000 gross square feet with a maximum 749 square feet for the larger assembly area M through F –church office, smaller bible study groups (32 people) Saturday –small group Sunday –large assembly Community Development Department ‐Planning Division 5 Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144) Create offices New restrooms New wall around large assembly area Building Code Community Development Department ‐Planning Division 6 Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144) Weekday –on‐site parking sufficient for office and groups with a maximum 32 people Saturday –on‐site parking Sunday and Holiday Services –off‐site parking agreement for 75 spaces at industrial site in Costa Mesa Shuttle service 3x before and after church Parking attendants on‐site and off‐site parking lots Community Development Department ‐Planning Division 7 Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144) 8 Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144) 1 accessory storage shed – demolish all other accessory structures 11 spaces for church – drive isle requires easement amendment 9 spaces for adjacent tenant ‐ church use when office closed, compliant drive‐isle and turn around 9 Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144) Off‐site parking agreement Off‐site parking with shuttle service and parking attendants provides convenient parking Peak use for assembly is when surrounding businesses are closed Improved parking and access on‐site On‐site parking provided for office and weekly groups Community Development Department ‐Planning Division 10 Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144) For more information contact: Melinda Whelan 949‐644‐3221 mwhelan@newportbeachca.gov www.newportbeachca.gov Planning Commission - November 17, 2016 Item No. 3c Additional Materials Presented at Meeting Viewpoint Church Conditional Use Permit (PA2016-144)