Loading...
HomeMy WebLinkAbout1988 - CUP FOR EDUCATIONAL INSTITUTION SERVING STUDENTS 5 TO ADULT. - 20371 Irvine Ave RESOLUTION NO. 1988 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO, UP2015-015 FOR A TUTORING CENTER (SCHOOLS, PUBLIC AND PRIVATE) AND A REDUCTION IN OFF-STREET PARKING LOCATED AT 20371 IRVINE AVENUE, SUITE A170 (PA2015-053) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lindamood-Bell Learning Processes, with respect to property located at 20371 Irvine Avenue, and legally described as Parcel 1 of Parcel Map No. 89-128 requesting approval of a conditional use permit. 2. The applicant requests a conditional use permit to allow a tutoring center (Schools, Public and Private) specializing in the language and cognitive skill development of children and adults (ages 5 to adult) within an existing two-story office building. Included is a request to reduce the off-street parking requirement and to establish a parking management plan. 3. The subject property is located within the Professional and Administrative Office District of the Santa Ana Heights Specific Plan (SP-7) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO-G). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on August, 6, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. Class 1 exempts projects involving negligible or no expansion of a use including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Planning Commission Resolution No. 1988 Page 2 of 10 3. The proposed project is limited to interior improvements to convert a previous office use to a tutoring center and involves no expansion in floor area. No traffic impacts are expected and parking on site is available to accommodate the use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The subject property is designated General Commercial Office (CO-G) within the Land Use Element of the General Plan which is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. Other uses may be permitted in accordance with this designation. 2. The principal use of the facility is a tutoring center specializing in language and cognitive skill development and is consistent with the General Plan designation because it will provide a support service to the community. 3. The subject property is located within the Professional and Administrative Office District of the Santa Ana Heights Specific Plan (SP-7) Zoning District which is intended for moderate intensity professional and administrative office uses and related uses on site. Several uses are permitted subject to the approval of a use permit including educational institutions serving adults, day care nurseries, and churches. Other unlisted uses which the Planning Commission find consistent with the purpose and intent of the district may be permitted subject to the approval of a conditional use permit pursuant to Zoning Code Section 20.90.130B (Professional and Administrative Office District — Principal Uses Permitted). 4. The proposed tutoring center is a related use as it may provide an opportunity for growth and development for those working or residing in the area, consistent with the purpose and intent of the SP-7 Zoning District. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 03-03-2015 Planning Commission Resolution No. 1988 Page 3 of 10 Facts in Support of Finding: 1. The proposed use may be allowed within the Professional and Administrative Office District of the Santa Ana Heights Specific Plan subject to the approval of a conditional use permit. 2. In finding that the proposed use complies with Section 20.40.110 (Adjustments to Off- Street Parking Requirements), the following criteria has been considered: i. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed- use development). The applicant has provided a parking analysis prepared by Kunzman Associates, dated July 21, 2015, indicating projected peak parking demand to be less than the 301 space supply available on-site. The analysis considers actual demand generated by the occupied office space (63,185 square feet), parking required for vacant office space (14,169 square feet), and the proposed tutoring center. The analysis conservatively projects a peak demand of 296 parking spaces and concludes that the existing supply of parking will adequately meet anticipated demand. ii. A parking management plan shall be prepared in compliance with subsection 20.40.110.C (Parking Management Plan). A parking management plan was prepared, and compliance with said plan is included as a condition of approval. The purpose of the Parking Management Plan is to ensure that off-street parking is sufficient for the uses sharing the site, and that there will be no conflict in parking. 3. The project will comply with all Building, Public Works, and Fire Codes and will comply with all other applicable requirements of the Zoning Code and Municipal Code. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The project will be located in an office complex and will function similar to other office uses based on the hours of instruction that are typical of surrounding office uses. Trips to the site will generally occur during the peak periods of each day (beginning, middle, and end), consistent with office uses. 03-03-2015 Planning Commission Resolution No. 1988 Page 4 of 10 2. The proposed conversion of office space to a tutoring center involves a tenant improvement at the first floor of an existing two-story office building with no expansion in floor area. 3. No group activities, seminars, or outdoor activities are proposed limiting any concern regarding noise and compatibility with allowed uses in the vicinity. 4. Access to the project site is primarily taken from Irvine Avenue and not from adjacent residential neighborhoods ensuring that attendees of the use will not impact nearby residential neighborhoods. 5. The proposed conditions of approval ensure that the potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The project site has demonstrated that it is physically suitable to support the existing office development on the property. The addition of a tutoring center that will function similar to an office use will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. 2. The expansive size of the site allows for adequate access and the design with multiple drive aisles and maneuvering areas will provide adequate circulation for both clients being dropped off, picked up, and existing users of the site. 3. The project site has demonstrated that it is physically suitable to accommodate the flow of office workers to the site which traditionally have the same or similar hours of arrival. Therefore, the proposed tutoring center with consistently scheduled instruction will be adequately served by the existing design of the site. 4. The Public Works Department, Building Division, and Fire Department have reviewed the project proposal and provided conditions of approval so as to maintain adequate access, public services, and utilities to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. 03-03-2015 Planning Commission Resolution No, 1988 Page 5 of 10 Facts in Support of Finding: 1. The proposed project is intended to support the community and is designed to be compatible with existing office uses on site. 2. Based on the parking analysis prepared by Kunzman Associates, the number of available on-site parking spaces is expected to accommodate peak demand and will provide a greater availability during the off peak season when fewer clients are anticipated. 3. The project site operates as an office complex with all activities contained indoors. The proposed operation will take place indoors consistent with surrounding uses and does not constitute a hazard to public convenience. 4. Multiple entrances are provided into the building allowing for the flexibility in the drop- off and pick-up of clients, which will minimize any potential conflicts on site. 5. Based on characteristics of the use, the operation proposed will not be detrimental to the growth of the City or be detrimental to the safety and general welfare of people working or residing in the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-015, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 03-03-2015 Planning Commission Resolution No. 1988 Page 6 of 10 PASSED, APPROVED, AND ADOPTED THIS 6T" DAY OF AUGUST, 2015. AYES: BROWN, HILLGREN, KOETTING, KRAMER, WEIGAND, AND ZAK NOES: NONE ABSTAIN: NONE ABSENT: LAWLER //L -1?-�' BY: Ko mer, Chairman BY: Peter Ko tting, Se reta y 03-03-2015 Planning Commission Resolution No. 1988 Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2015-015 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 5. A total of 18 parking spaces are waived with this approval based on the assumptions presented in the parking analysis prepared by Kunzman Associates, dated July 21, 2015. The Community Development Director shall immediately be made aware should parking no longer be available for the subject use or surrounding uses. Any change in the availability of parking shall require an amendment to this Conditional Use Permit to address parking demand. 6. Hours of instruction shall be limited between the hours of 8:00 a.m. and 7:00 p.m., daily. 7. All activities shall be conducted indoors. 8. Strict adherence to maximum occupancy limits is required. 9. The project shall comply with the approved Parking Management Plan, which may be modified by the Community Development Director or Planning Commission. 10. The approved Parking Management Plan shall be reviewed by the Planning Commission within one year of occupancy, and may require an amendment to the business plan to address parking demand. 11. Prior to issuance of building permits for tenant improvements, the applicant shall submit the property owners' written acceptance of the subject Conditional Use Permit, conditions of approval, and the Parking Management Plan. 12. This Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially 03-03-2015 Planning Commission Resolution No. 1988 Page 8 of 10 injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 13. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 14. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 15. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 16. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of TOOAM Between the hours of and 1O:00PM 1O:OOPM and TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55d BA 40d BA 50dBA Residential Property located within 45dBA 60d BA 45dBA 50dBA 100 feet of a commercial ro ert Mixed Use Property 45dBA 60d BA 45dBA 50dBA Commercial Property N/A 65d BA N/A 60dBA 17. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 18. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 19. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 20. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, 03-03-2015 Planning Commission Resolution No. 1988 Page 9 of 10 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 Lindamood-Bell Learning Center including, but not limited to UP2015-015 (PA2015-053). 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. 03-03-2015 Planning Commission Resolution No. 1988 Page 10 of 10 Exhibit "B" PARKING MANAGEMENT PLAN The following Parking Management Plan is provided pursuant to Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the Zoning Code. The Parking Management Plan will employ the following management mechanisms to address potential impacts associated with the reduction in off-street parking spaces: • No more than a total of 27 employees and clients shall be parked on site at any one time during the peak summer months of June, July, and August. During the remaining months of the year (off peak), no more than 16 employees and clients shall be parked on site at any one time. • Parking spaces shall not be assigned for exclusive use by the tutoring center. • The operator shall take reasonable steps to encourage the efficient drop-off and pick- up of clients on site. Any disruption that might impact the use of the parking lot by adjacent tenants, on-site circulation, or flow of traffic is prohibited and shall be discouraged by the operator. • The operator shall encourage the use of alternative modes of transportation including but not limited to vanpooling, carpooling, and public transit. • The Community Development Director shall immediately be made aware should parking no longer be available for the subject use or surrounding uses. Any change in the availability of parking shall require an amendment to this Parking Management Plan and Conditional Use Permit No. UP2015-015 to address parking demand. • Clients shall be dropped-off and picked-up on-site. • Employees and clients of the tutoring center shall park on-site. 03-03-2015