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HomeMy WebLinkAboutSober Living by the Sea (PA2005-136) 2811 Villla WayCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 6 February 9, 2006 TO: PLANNING COMMISSION FROM: Planning Department Jaime Murillo, Associate Planner 6 murillo(cDcity. newport- beach.ca.us (949) 644 -3209 SUBJECT: Sober Living by the Sea Use Permit No. 2005 -031 Off -Site Parking Agreement No. 2005 -005 Modification Permit No. 2005 -133 2811 Villa Way (PA2005 -136) APPLICANT: Carl and Barbara Mosen Staff recommends that the Planning Commission approve Use Permit No. 2005 -031, Off -Site Parking Agreement No. 2005 -005, and Modification Permit No. 2005 -133 subject to the findings and conditions of approval within the revised draft resolution for project approval attached as Exhibit No. 1. Background This item was continued from January 19, 2006 as the result of a failed motion to approve the project. It was clear at the meeting that the Commission was uncomfortable approving the project due to uncertainty with the operational characteristics of the project as presented. The Commission asked staff to study the parking availability in the Cannery Village, verify the maximum occupancy of the building, and to verify that the operation of the facility runs materially consistent with the information that the applicant has provided for the preparation of the staff reports. With the limited time and resources available, staff has attempted to analyze and verify the information as requested by the Commission. This report provides information describing the activities performed to verify the information requested and provides additional information clarifying the employee functions within the site and use of the group meeting rooms. Additionally, the applicant has prepared professionally drafted floor plans of the facility, including a furniture layout, to assist staff in verifying the maximum occupancy levels as well as to assist the Commission in understanding the layout and operation of the facility (Exhibit 2). Sober Living by the Sea (PA2005 -136) February 9, 2006 Page 2 Parking Study A detailed parking analysis studying the Cannery Village's parking problem was requested by the Commission and members of the public, however as discussed at the last meeting, a parking study of that caliber would take several months and be expensive to prepare. Additionally, it seems to be unfair to have the applicant bear the full burden of preparing a comprehensive parking study, especially since many of the contributors to the parking problem in the Cannery Village are attributable to other uses and restaurants that operate in the community during the evening hours. Within the short timeframe between meetings, staff was able to survey parking availability on the streets surrounding the facility where an employee would likely park, as well as the municipal parking lot on Villa Way and 30h Street and the small municipal parking lot on Newport Boulevard and 28th Street (Exhibit 3). The small municipal parking lot on Newport Boulevard was identified by the applicant as the lot where most employees park other than the streets directly in front of the facility. Staff surveyed the study area three times a day (8 am, 12 pm, and 3:30 pm), on three separate days (Friday, January 27�h, Monday January 30th, and Tuesday, January 31$). The number of available parking spaces on each of the streets and municipal parking lots within the study area were tallied and analyzed. Exhibit 4 provides a summary of the parking counts and the availability of parking spaces. Although the subject facility is open until 10:00 pm and the Cannery Village is more heavily impacted by parking in the evening hours, the majority of the employees working at that facility only work a typical 8:00 am to 5:00 pm shift. The applicant has stated that during the evening hours, there are typically only 5 employees working on- site, 2 of which are floating counselors actually based out of another office location (The Factory) and . arrive on foot. Therefore, staff did not count available parking spaces during the evening hours as the proposed 13 space off -site parking lot can accommodate the parking needs of the facility's staff during the evening hours. The results of the parking study conclude that on average, 61 % of the on- street parking within the study area were available, inferring that parking is widely available throughout the day on the streets. However, the study also concludes that on average, only 24% of the parking spaces within the two municipal parking lots were available, inferring that there is a lesser amount of parking available in the lots throughout the day. The study also shows that the parking utilization was significantly lower in the morning versus the noon and afternoon times. However, it is also important to note that the facility's employees are currently parking on these streets and parking lots today. Therefore, one could conclude that with the construction and use of the off -site parking lot, on- street should become more available in the area and the municipal lots. Sober Living by the Sea (PA2005 -136) February 9, 2006 Page 3 Employee Verification At the last meeting, many comments were received about the uncertainty of the number of employees that actually work at the subject facility. As stated in the January 19th staff report, the applicant indicates that a total of 7 full -time Sober Living by the Sea employees actually perform their work assignments at the 2811 Villa Way location per shift and a total of 16 employees are actually assigned to the facility. It was stated that as employees come and go throughout the day, there may be a maximum of 12 -14 employees on -site at any given time. It is staffs belief that the parking demand associated with the facility results from the employees working at the facility due to the client's use of bicycles, and therefore, the 15 parking spaces (2 on -site plus 13 off -site) that are proposed to be provided were sufficient to meet the parking demands of the use. Staff performed inspections of the facility on three separate occasions (See table below). Staff arrived at the facility unannounced during two of the inspections to ensure a realistic count of the employees. During the first inspection, there were 11 employees total on site, 12 employees total during the second inspection, and 15 employees total during the third inspection. It is also important to note that during the second inspection, 1 of 12 employees on -site was an employee assigned to another office location visiting the facility. On the third inspection, 2 of the 15 employee's onsite were employees assigned to another office location and 1 was a driver visiting the facility. Additionally, staff inspected the facility and verified the employee work stations exist as illustrated on the revised floor plan. There are a total of 14 possible employee workstations within the facility, 2 of which are described as periodic workstations and were not being used at the time of the inspections. After performing the inspections, it is staffs opinion that the statement made regarding the number of employees working at this facility in the previous staff report is accurate, and that the 15 parking spaces provided should be sufficient to accommodate the needs of the employees. Sober Living by the Sea (PA2005 -136) February 9, 2006 Page 4 Occupancy Levels As requested by the Planning Commission, staff has prepared an analysis of the maximum occupancy loads using the California Building Code occupancy load factors (Exhibit 5). The applicant prepared a more detailed floor plan of the facility and then applied the occupancy load factors for each of the area uses. The following table illustrates the maximum occupancy levels based on the Building Code: EW ME= Group Room 1 Martingale Hall 1,016.28 1/15 67.75 Conference Group Room 2 521.28 1/15 34.75 Conference Office Space 2,729.81 1/100 27.30 Computer Lab 420.88 1/20 21.04 Classroom Storage Alley 101.06 11300 (Storage) .337 Storage Loft 106.60 1/300 (Storage) .355 Bathrooms 117.00 n/a I n/a The Building Code occupancy levels are significantly higher than the needs of facility, and should only be used to calculate the maximum number of person that can occupy an area. However, as shown on the floor plans and furniture layout, there are only 14 total workstations available for the use of employees. Additionally, the Computer Lab consists of 5 computers stations and a round table with 5 chairs accommodating only 10 clients total. The maximum occupancy of the group rooms are significant higher than the needs of the program and will require significant modification (i.e. 2" exit for Martingale Hall) to be permitted to accommodate such a large occupancy. Currently, Martingale Hall (Group Room #1) is posted for a maximum occupancy of 49 persons due to the single exit. Condition No. 24 will require the applicant to consultant with the Building Department to identify and resolve Building Code issues to ensure code compliance. Sober Living by the Sea (PA2005 -136) February 9, 2006 Page 5 Group Rooms To help clarify how the group rooms are used, the applicant has provided staff with a break down of the 2 group rooms and the computer lab; program schedules have been included as Exhibit 6. Computer Lab: The hours of operation for the computer lab are from 8:00am to 8:00 pm Monday through Friday, and from 8:00 am to 6:00 pm on weekends. The lab is used as a research and study area as needed by the members of the program, and there is no mandatory use of the lab nor are meetings /lectures held within the room. Martingale Hall (Group Room #1): This is the larger of the two actual group rooms and is located in a portion of the adjacent building at 2809 Villa Way as depicted on the floor plans. The room holds 3 meetings per day Monday, Thursday, and Friday, 4 meetings per day on Tuesday and Wednesday, 1 meeting on Saturday, and 2 meetings on Sunday, for a total of 20 one -hour meetings per week. The number of meeting participants ranges from 6 to 49, with an average of 28 participants. Additionally, all meetings adjourn by 8:30 pm, except 1 meeting on Friday night which adjourns at 9:00 pm. Small Group Room: The room holds 2 - 3 small group meetings per day, Monday through Friday, and 1 meeting on Saturday. No Sunday meetings are scheduled within this room. The number of meeting participants in this room range from 6 — 25 clients. Bicycle Use To verify that the program members actually ride their bicycles to the facility, staff counted the number of members and number of bikes during two of the inspections. Staff did not count the members or bikes during the first inspection because there were no meetings being held at the time and only a few members were found on -site. Staff did perform a count during the second and third inspections which occurred during the programs larger group lecture times. As illustrated in the inspection table presented earlier, the number of bicycles on -site correlates closely with the number of members on -site. Although there were always more bikes than members, the applicant has informed staff that members will leave their bikes at the facility as they walk to lunch or are transported to other appointments. Nurse During the previous meeting, there was confusion as to the function of the facility's on- site nurse. The applicant has confirmed that the nurse is on -site from 8:00 am to 5:00 pm, Monday through Friday, and on Saturday from 8:00 am to 12:00 pm. And although there is access to 24 -hour medical attention, members with immediate medical needs are transported to Hoag Hospital or the closest Walk -In clinic. Staff has modified Sober Living by the Sea (PA2005 -136) February 9, 2006 Page 6 Condition No. 4, removing the exception for a nurse to remain on -site 24 -hours a day, and will require the facility to be completely shut down by 10:00 pm. Revised Parking Waiver Upon more closely reviewing the operation of the facility, it has been made clear to staff that the computer lab is not used for assembly purposes, and should therefore be excluded from the calculation of required parking. As stated in the previous staff reports, the parking requirement for the use is 1 space per 35 square feet of area used for assembly purposes. The previous parking requirement calculation of 57 spaces included the computer lab. The parking requirement has been recalculated and is 44 spaces (1537.56 / 35 =43.93 or 44 spaces). Therefore, with the 15 parking spaces proposed to be provided, the facility will require a lesser parking waiver of 29 spaces (versus 42 spaces as previously calculated). Revised Conditions Staff has revised the draft conditions of approval as directed by the Planning Commission during the previous meeting and added Conditions No. 40, 41, and 42 as a result of concerns raised at the meeting. Condition No. 40 is intended to allow the Commission the opportunity to review the use after a year to ensure the facility is operating in compliance with the conditions of approval and has not been detrimental to the community. Conditions No. 41 and 42 were added, and agreed to by the applicant, to help limit the occupancy and to ensure the 15 parking spaces provided will continue to meet the parking needs of the employees. Additionally, all references to members, program participants, and clients have been revised to read "clients" for consistency. Finally, Conditions No. 4, 20, and 43 were changed or added at the request of the applicant. Condition No. 4 was revised to include a requirement to terminate the group meetings by 9:00 pm. Condition No. 20 was revised to prohibit clients from driving to and from the facility; however, clients in the "Alternatives Program" are permitted to drive to and from work only and the applicant didn't want this activity to be prohibited. Condition No. 43 was added to help resolve the issue of the company's vans parking on the streets within the area. The following table shows the significant changes: 4 Hours of operation shall be confined from 6:30 AM to 10:00 PM, seven days a week, 24 hey F a day in the a eRt an i..diyid al heGeFAec all at a 9f the YaFi eus E] 32 Sober Living by the Sea (PA2005 -136) February 9, 2006 Page 7 Should the required thirteen (13) off -site parking spaces no longer be available for the use of the subject substance abuse counseling center, and alternative means of off -site parking ean Rot be pFevided 9F are not approved by the City, then the use permit shall expire and the facility shall lose its rights to hold group meetings ee6IRselieg seater. All employees are spaces or within the to park on -site within the 2 on -site parking parking lot location approved by the City. If for the program. for any event or promotional activity outside the normal operational characteristics of this establishment 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. 40 (new) This Use Permit shall be reviewed by the Planning Commission one year from the date of this approval to ensure operation of the facility is in compliance with the conditions of approval and compatibility with the surrounding area. 41 (new) The facility shall be limited to a maximum of 15 employees at any one `time on -site. 42 (new) Group meetings shall be restricted to a maximum of 49 clients within the large group meeting room and a maximum of 25 clients within the small group meeting room. use of the company vans at the site shall be primarily limited to drop Sober Living by the Sea (PA2005 -136) February 9, 2006 Page 8 off, pick up and delivery. In the event a van is not scheduled to be in use for more than twenty (20) minutes while at the site during the day, such van shall be parked in one of the municipal parking lots available in the area and not on the street. Prepared by: ime Murillo, Associate Planner Exhibits Submitted by: l� Patricia L. Te ple, PI nning Director 1, Revised Draft Resolution No. ; findings and conditions of approval 2. Revised Floor Plans I Parking Study Area 4. Parking Study Counts 5. California Building Code Occupancy Factor Schedule & Program Schedules FAUSERS%PLNVSharedWNs1PAs - 20051PA2005- 1361UP2005-031 2- 09ycrpt.doc EXHIBIT 1 Revised Draft Resolution; findings and conditions SO RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -031, OFF - SITE PARKING AGREEMENT NO. 2005 -005, AND MODIFICATION PERMIT NO. 2005 -133 FOR PROPERTY LOCATED AT 2811 VILLA WAY AND 2807 LAFAYETTE AVENUE (PA2005 -136) WHEREAS, an application was filed by Carl and Barbra Mosen with respect to property located at 2811 Villa Way, and legally described as Parcel 1 of Resubdivision No. 521, requesting approval of a Use Permit to allow the operation of a substance abuse counseling center to facilitate the operation of individual and group counseling sessions, a computer lab, offices and related activities, to serve the needs of residential care facilities operated at various locations within the City. The application also requests a waiver of 29 parking spaces associated with the use. WHEREAS, an application was also filed by Carl and Barbra Mosen with respect to property located at 2807 Lafayette Avenue, legally described as Lot 23 and 24 in Block 325 of the Lancaster's Addition of Newport Beach, requesting approval of an Off - Site Parking Agreement and Modification Permit to allow the construction and use of 13 parking spaces, two pair of which are in tandem configuration. WHEREAS, a public hearing was held on January 19, 2006 and February 9, 2006, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the operation of the substance abuse counseling center, pursuant to the conditions which it will be operated and maintained, is consistent the Retail & Service Commercial & General Industry land use designation of the General Plan Land Use Element which allows for a range of commercial and service related businesses and the proposed use offers professional support services for the public. WHEREAS, the substance abuse counseling center, with the conditions which it will be operated and maintained, is in accord with the objectives of the Zoning Code and the purpose of the SP -6 Zoning District (Cannery Village /McFadden Square Specific Area Plan) because it offers professional support services for the public who are active members of the community. WHEREAS, the substance abuse counseling center, pursuant to the conditions under which it will be operated and maintained, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 10 City of Newport Beach Planning Commission Resolution No. _ Paqe 2 of 10 1. The counseling center has been operating in this location since 1998, and has not proven to conflict with the surrounding uses or proven inconsistent with the SP -6 District or regulations. 2. Surrounding land uses are dominated by commercial and industrial office uses. 3. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code by facilitating the counseling center, while limiting its potential impacts on the community. 4. The construction of the off- street parking lot will create more off - street parking spaces to serve a use in a neighborhood with periodic parking challenges. 5. The hours of operation are conditioned to 6:30 AM to 10:00 PM, seven days a week. 6. The project has been conditioned to prohibit its clients from driving vehicles and require each of its clients to be supplied bicycles for transportation to the facility, significantly reducing the demand for parking in the neighborhood and reducing traffic related impacts. WHEREAS, a Use Permit for the 29 space parking waiver has been prepared and approved, in accordance with Section 20.66.100 (Modification or Waiver of Off -Site Parking Requirements) of the Newport Beach Municipal Code, for the following reasons: 1. A municipal parking facility is conveniently located within a comfortable walking distance of 285 feet to the project site, and this location is useful in connection with the proposed use. 2. The actual parking demand for the use is substantially less than what is required by the Zoning Code due to the operational character of the use as clients of the program are not permitted to drive, but rather arrive to the facility by either a vanpool or by the bicycles that are supplied to them by the facility. The facility can accommodate over 50 bicycles within the 3 bicycle racks provided on -site. 3. The probable long -term occupancy of the building should not increase parking demand because the applicant owns the property and intends to continue operating the facility with the same operational characteristics in this location in the future. A future change to a retail or office use would generate a need for 21 spaces, where the existing facility based upon the program participants use of bicycles would be less. WHEREAS, an Off -Site Parking Agreement for the ability to use 13 spaces on an off - site parking lot located at 2807 Lafayette Avenue is in accordance with the provisions of Section 20.66.080 of the Municipal Code for the following reasons: 1. The off -site parking is located a walking distance of approximately 120 feet away from the subject counseling center, which is an acceptable distance for City of Newport Beach Planning Commission Resolution No. _ Page 3 of 10 employees to walk and a location that is useful in connection with the proposed use. 2. Parking on the off -site parking lot will not create an undue traffic hazard because the counseling center is not a heavy traffic generating operation, but rather with its operational characteristics and staff of approximately 12 -14 employees on -site at any given time, the use will be of little impact on the overall traffic in the community. Additionally, the proposed design of the parking lot has been reviewed by the City Traffic Engineer for vehicular safety and to ensure that adequate site distance is provided. 3. The applicant executed a contract with the property owner to lease the site for a period of 3 years beginning on February 1, 2006, or upon completion of construction (whichever comes later) and maintains the right to automatically renew the lease for an additional 3 years at the same terms and conditions. In addition, if the property owner ever decides to sell the property, the applicant has the first right of refusal to purchase the property. The lease entitles the applicant to all 13 parking spaces and requires the applicant to improve, landscape, and maintain the property in a professional manner. 4. The project has been conditioned to execute an off -site parking agreement with the City, which shall be reviewed by the City Attorney and recorded. Should the applicant lose its rights to use the off -site parking and aftemative means of off- site parking are not provided, then the use permit shall expire and the facility shall lose its rights to hold group meetings. WHEREAS, a Modification Permit for the two pairs of tandem parking has been prepared and approved, in accordance with Chapter 20.93 (Modification Permits) of the Newport Beach Municipal Code, for the following reasons: The modification to the Zoning Code, as proposed, is necessary due to practical difficulties associated with the property and strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code because: • The site proposed for the off -site parking lot is small in size compared to other parking lots in the vicinity, and given its unique triangular shape, maximizing the number of spaces available will necessitate the use of two pairs of tandem parking. Rectangular shaped lots allow parking spaces to be efficiently designed with a site, however, the triangular shape of this parcel does not allow for the full utilization of site towards the southerly peak of the property. 2. The requested modification will be compatible with the existing development in the neighborhood because The project is located within the Cannery Village Specific Plan which is a mixed -use community, consisting of primarily commercial uses with a lesser 1 �" City of Newport Beach Planning Commission Resolution No. Pape 4 of 10 amount of residential uses dispersed throughout and small parking lots are also part of the community. Due to the design constraints on a majority of the smaller residential lots in the City, tandem parking is a permitted parking configuration for residential uses. • The parking lot is restricted to the use of the facility's employees, thus reducing parking conflicts associated with tandem parking. Landscaping the perimeter of the off -site parking lot increases the aesthetics of the lot and makes it compatible with the neighborhood. 3. The granting of this Modification Permit will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and not be detrimental to the general welfare or injurious to property or improvements in the neighborhood because: • The proposed parking lot has been designed to use the existing curb cuts on Villa Way and Lafayette Avenue for ingress and egress through the parking lot and will not be detrimental to the public right -of -way or improvements in the area. • The proposed parking lot is located between the intersections of two streets and does not directly abut any residential uses. • The City Traffic Engineer has reviewed the plans for vehicular safety and to ensure that adequate site distance is provided and it meets and has been conditioned to comply with all applicable design standards.. • The proposed parking lot development will not be detrimental to persons residing or working in the neighborhood, but alternatively will significantly improve the aesthetics of the neighborhood with the landscaping proposed surrounding the parking lot and will furthermore eliminate the dust which exists with the current condition of the site. WHEREAS, the project qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). This exemption allows for the operation, repair, maintenance and minor alteration of existing buildings. The project consists of interior modifications of an existing commercial building. Additionally, the costruction of the off -site parking lot qualifies for a Class 11 (Accessory Structures), which allows for the construction of minor structures accessory to existing commercial facilities. City of Newport Beach Planning Commission Resolution No. _ Page 5 of 10 NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2005 -031, Off -Site Parking Agreement No. 2005 -005, and Modification Permit No. 2005 -133, subject to the Conditions set forth in Exhibit "A." Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS _ DAY OF 2006. AYES: NOES: BY: Michael Toerge, Chairman BY: Barry Eaton, Secretary 6 City of Newport Beach Planning Commission Resolution No. _ Paae 6 of 10 EXHIBIT "A° CONDITIONS OF APPROVAL USE PERMIT NO. 2005-031 OFF -SITE PARKING AGREEMENT NO. 2005 -005 MODIFICATION PERMIT NO. 2005-133 The development shall be in substantial conformance with the approved site plan, floor plan, and off -site parking lot plan stamped with the date of this meeting, except as noted in the following conditions. 2. Use Permit No. 2005 -031, Off -Site Parking Agreement No. 2005 -005, and Modification Permit No. 2005 -133 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. Any change in the operational characteristics of the substance abuse counseling center, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 4. Hours of operation shall be confined from 6:30 AM to 10:00 PM, seven days a week, including the on -site nurse. The group meeting activities shall terminate at 9:00 pm daily. 5. An employee of the facility shall remain on the premises at all times when the facility is open and available for the use of the members. 6. A minimum of two (2) parking spaces shall be provided on -site and thirteen (13) spaces off -site. The parking layout shall be approved by the City Traffic Engineer and the Building Department, and shall comply with Building Code requirements related to disabled parking and accessibility. 7. Should the required thirteen (13) off -site parking spaces no longer be available for the use of the subject substance abuse counseling center, and alternative means of off -site parking are not approved by the City, then the use permit shall expire and the facility shall lose its rights to hold group meetings. 8. All employees are required to park on -site within the 2 on -site parking spaces or within the off -site parking lot location approved by the City. If for any reason spaces are not available on -site or within the approved off -site parking lot, employees shall be required to park within a municipal parking lot and shall be prohibited from parking on the street. 9. The off -site parking lot located at 2807 Lafayette Avenue shall be paved and striped to provide the 13 spaces as proposed and approved in conformance with the approved off -site parking lot plan. 1 1) City of Newport Beach Planning Commission Resolution No. _ Page 7 of 10 10. The applicant shall prepare and obtain approval of a landscaping plan for the off - site parking lot located at 2807 Lafayette Avenue by the City, specifically by the Planning Department, General Services Department, and Public Works Department. 11. The Planning Department shall be notified immediately, should any changes in the Parking Lease between the applicant and the owner of off -site parking lot be proposed. 12.The final off -site parking agreement between the City and the applicant shall be approved by the City Attorney's office and shall be recorded on both properties (2807 Lafayette Avenue and 2811 Villa Way). The applicant shall provide proof of recordation of the off -site parking agreement. 13.Changes or alterations to the location and type of parking spaces located within the off -site parking lot may only be authorized by the Planning Director. Said changes shall meet all applicable Municipal Code requirements and applicable Public Works Department design standards. 14. Ingress to the off -site parking lot shall be taken from Lafayette Avenue and egress shall be taken from Villa Way. 15. Storage of any kind shall be prohibited on the off -site parking lot. 16. All parking spaces shall conform to City standards and all parking spaces abutting a property line or a structure shall be provided with wheel stops. 97.All of the applicant's vans shall be parked within the off -site parking lot overnight. 18. Permanently affixed bicycle racks shall be provided on -site at all times to accommodate a minimum of 50 bicycles, and shall not be located within any required parking spaces or within the alley right -of -way. 19. The applicant shall continue to provide loaner bicycles to each of its clients for the duration of their program tenure, and bicycle locks shall be provided to prevent thefts of their bicycles. 20. No program client shall operate a motor vehicle during their tenure in the program to and from the facility and the applicant shall maintain a company policy prohibiting clients from operating a motor vehicle to and from the facility during their tenure in the program. 21.The Out - Patient Treatment services previously operated by the applicant allowing clients the flexibility to work, drive, and accomplish recovery goals while residing outside of the residential care facilities shall be prohibited. 22. The applicant shall consult with the Building Department and obtain an as -built building permit for the tenant improvements constructed within the facility. JQ City of Newport Beach Planning Commission Resolution No. _ Page 8 of 10 23.The applicant shall prepare a grading plan and Water Quality Management Plan to the satisfaction of the Building Department, Planning Department, Public Works Department, and Traffic Engineer, and obtain a grading permit for the construction of the off -site parking lot. 24. The applicant shall engage an architect and consult with the Building Department to identify and resolve Building Code issues and provide code compliance, including but not limited to: a) the two groups rooms and the "teach" /computer room shall provide code complying number of exits, b) code complying occupancy separation shall be provided between the large group room and the adjacent shop at 2809 Villa Way, c) disabled parking and disabled access to the site, facilities and restrooms, shall be provided, and d) separate male and female restrooms shall be provided within the large group room. 25. The exterior of the facility shall be maintained free of litter and graffiti at all times. The owner and 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. 26. The applicant shall install additional ash trays around the facility, to the satisfaction of the Planning Department. Additionally, signage shall be posted within the facility and an additional rule shall be added to the program's general rules, instructing the clients to be courteous to the surrounding neighborhood and obey all traffic laws. 27. The facility shall not be used for any other use or meetings which are attended by outside groups that are not directly associated with the program activities of the operator of the facility. 28.Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be noted of the conditions of this approval by either the current business owner, property owner or the leasing agent. 29.The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 30. Strict adherence to maximum occupancy limits is required. Prior to the final building permits, the location of maximum occupancy postings in the building shall be inspected and approved by the Building Department or Fire Department to ensure the location is readily visible to employees, clients and public safety personnel. 31.The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 11 City of Newport Beach Planning Commission Resolution No. _ Page 9 of 10 32.The facility is prohibited from obtaining a Special Events Permit for any event or promotional activity outside the normal operational characteristics of this establishment 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. 33. Amplified music audible to the exterior of the location shall be prohibited. 34.The applicant shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 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. If the ambient noise level is higher, noise from the use shall not exceed the ambient noise level. 35. Storage outside of the building in the front, side or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 36.The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors, which may include the provision of fully self - contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). Additionally, provisions shall be made to prevent debris and pollution runoff from tracking onto the public right -of -way. 37. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. 38. All deliveries shall be made on -site and shall not block the vehicular right -of -way. 39. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection 1� Between the hours Between the hours of TOOAM and of 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 6OdBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA NIA 60dBA 35. Storage outside of the building in the front, side or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 36.The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors, which may include the provision of fully self - contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). Additionally, provisions shall be made to prevent debris and pollution runoff from tracking onto the public right -of -way. 37. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. 38. All deliveries shall be made on -site and shall not block the vehicular right -of -way. 39. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection 1� City of Newport Beach Planning Commission Resolution No. _ Pane 10 of 10 agencies. The trash dumpsters shall have a top which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 40.This Use Permit shall be reviewed by the Planning Commission one year from the date of this approval to ensure operation of the facility is in compliance with the conditions of approval and compatibility with the surrounding area. 41. The facility shall be limited to a maximum of 1.5 employees at any one given time on -site. 42. Group meetings shall be restricted to a maximum of 49 clients within the large group meeting room and a maximum of 25 clients within the small group meeting room. 43. The use of the company vans at the site shall be primarily limited to drop off, pick up and delivery. In the event a van is not scheduled to be in use for more than twenty (20) minutes while at the site during the day, such van shall be parked in one of the municipal parking lots available in the area and not on the street. AC1 E � s U0 9K *N {\ ƒ!|ff/ *N z � v Eli 'V'J'HJV38 YtONdN avm M iz 160 z . 4 * •� Z DMWII asOS 200®..,. �L 3.�0 . I a ° 3 � . t O cm C14 MOP OV400 svgc*:, OR e�o 115 L) (win) eos W w 8 8 a CL Cl) he L— (L) :F, I a m OL 0 8 U) co U) 8 Nr —1 >, co U) 2 ca m m 0 co CL cu CL '2 Iq CL C/) a) (D m (1) 1 > 0 (D C14 C%l a) vJ OD 10 4) 1--,o O 0 U) 0 s Ol N — a la w -Ig C) C14 (a —j OD cli z LU M (L 0000 00 0 - O cm C14 MOP OV400 svgc*:, OR e�o 115 ' 12, (win) eos ay O cm C14 MOP OV400 svgc*:, OR e�o 115 d a R a 0 J Q V 7 w O L m n £ z 0 L d a E z z N � L w a V1 c rn e J Y `y � O am g co r� a 0 0 N r a 0 0 j 0o 2 o. r O M M a > U3 m L J'S 6 N 1.2 mein N R R > Q d N C w O C T 'O w M cq o d- 00 CL 0 M M CL °a N M CO r O a 0 0 co gwwMw U) R®WWNM 2I o 7©m c 0. 3 z z `q M 0 M M t M d R o° � C R N r ar � o h o 3 d a R a 0 J Q V 7 w O L m n £ z 0 L d a E z z N � L w a V1 c rn e J Y `y � O am g co r� a 0 0 N r a 0 0 j 0o 2 o. r O M M a > U3 m L J'S 6 N 1.2 mein N R R > Q d N C w O C T 'O w M cq o d- 00 CL 0 M M CL °a N M CO r O a 0 0 co gwwMw U) R®WWNM 2I o 7©m c 0. 3 z z `q EXHIBIT 5 California Building Code Occupancy Factor Schedule 2,A 2001 CALIFORNIA BUILDING CODE TABLE 10•A- MINIMUM EGRESS REOUIREMENT51 TABLE 10-A from, buildings for persons with disabilities shall be provided as, specified in Chapter 11, mson numberof exits from Groups H and I Occupancies and from rooms mntainingfuel -fired equipmentor cellulose nitrate, sce Sections 'This table shall nor be used to determine working space mr)uirements per person. 40ccupant load based on five persons for each alley, including 15 feet (4572 mm) of runway. 50ccupant load forwarehouses containing approved high rackslorage systems designed for mechanical handling may be based on the floor area exclusive of the rack area rather than the gross floor area. 67he number of clients for occupancy classification shall be determined by the licensing authority. 1 -126.3 C L A L C Ac L11 51) MINIMUM OF TWO MEANS OF EGRESS OCCUPANT LOAD FACrORa. (square tan) WEa ARE REQUIRED OCCUPANTS 15 AT LEASTR� x0.8928 ter ing 1. Aircraft hangars (no repair) 10 500 2. Auction rooms 30 7 3. Assembly areas, concentrated use (without fixed seats) 50 7 Auditoriums Churches and chapels Dame Ooms (Abby accessory to assembly occupancy Lodge rooms Reviewing stands Stadiums Waiting area 50 3 4. Assembly areas, less-concentrated use Conference rooms 50 15 Dining moms Drinking establishments Exhibit rooms Gymnasiums Lounges Stages Gaming: keno, slot machine and live games area 50 11 S. Bowling alley (assume no occupant load for bowling lams) 50 6. Children's homes and homes for the aged 6 [for SFMJ 7 80 7. Classrooms 50 20 8. Congregate residences 10 200 9. Courtrooms .50 -40 10. Dormitories 10 50 11. Dwellings 10 300 12. Exemising rooms 50 50 13. Garage, parking 30 200 14. Health care facilitie Sleeping rooms 8 [for 5FMJ7 120 Treatment moms 10 [for SFMJ7 240 15. Hotels and apartments 10 - 200 16. Kitchen-commercial 30 200 17. Library- Reading rooms 50 50 Slack areas 30 100 18. Locker rooms 30 50 19. Malls (see Chapter 4) - - 20. Manufacturing areas 30 200 21. Mechanical equipment room 30 300 22. Nurseries for children (day care) 7 35 23- Offices 30 100 24. School shops and vocational rooms 50 50 25. Skating rinks 50 50 on the skating area; 15 on the deck 26. Storage and stock rooms 30 300 27. Stores -retail sales rooms Basements and ground floor 50 30 Upper floors 50 60 2S. Swimming pools 50 50 for the pool area; 15 on the deck 29. Warehouses;5 30 500 30. All others 50 100 31. Group R. Division 2 10 300 32 Group R Division 6 10 - - from, buildings for persons with disabilities shall be provided as, specified in Chapter 11, mson numberof exits from Groups H and I Occupancies and from rooms mntainingfuel -fired equipmentor cellulose nitrate, sce Sections 'This table shall nor be used to determine working space mr)uirements per person. 40ccupant load based on five persons for each alley, including 15 feet (4572 mm) of runway. 50ccupant load forwarehouses containing approved high rackslorage systems designed for mechanical handling may be based on the floor area exclusive of the rack area rather than the gross floor area. 67he number of clients for occupancy classification shall be determined by the licensing authority. 1 -126.3 C L A L C Ac L11 51) W w m p xWx � W Z a� J o CL W N m w O N .. Q w m U 2mw�UN�E W _ a x°' T ym v a o3U m� gi m EQ�UU dzoD3 �z LL ro~ a F- 03 w m n q. g O 0 M 0 O 0 O 0 O 0 O 0 O 0 M W 5m�pp m� °.ryEy gui' dm aci i. j N Q� Na Q W 3U 06A 6 Y. 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