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HomeMy WebLinkAbout1992 - SUITE 150 - CUP FOR SCHOOL (DRUG AND ALCOHOL REHABILITATION PROVIDER FOR AGES 13-18) - 1111 Bayside Dr RESOLUTION NO. 1992 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-036 FOR A PRIVATE EDUCATIONAL FACILITY LOCATED AT 1111 BAYSIDE DRIVE, SUITE 150 PA2015-150 THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Academy, with respect to property located at 1111 Bayside Drive, Suite 150, and legally described as Parcel 1 of Parcel Map 81-729, in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 171, Pages 40 and 41 of Parcel Maps, in the office of the County Recorder of said County, requesting approval of a conditional use permit. 2. The applicant proposes to establish a private educational facility (Schools, Public and Private) for intermediate and high school aged students (between the ages of 13 and 18) within an existing multi-tenant office building. No treatment will occur on-site as the students will have already graduated from a licensed and certified treatment program. 3. The subject property is located within the Commercial Recreational and Marine (CM) Zoning District and the General Plan Land Use Element category is Recreational and Marine Commercial (CM). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Recreational and Marine Commercial (CM-B). 5. A public hearing was held on September 17, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. Class 1 exempts projects involving negligible or no expansion of a use including but not limited to interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Planning Commission Resolution No. 1992 Page 2 of 8 3. The proposed project is limited to interior improvements to convert a previous office use to a private educational facility and involves no expansion in floor area. No traffic impacts are expected and parking on site is available to accommodate the use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The subject property is designated Recreational and Marine Commercial (CM) within the Land Use Element of the General Plan which is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor-serving and recreational uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. 2. The proposed private educational facility is consistent with the General Plan designation as it will occupy a tenant space within an existing multi-tenant commercial office building and will not hinder the goals and policies of this designation. 3. The subject property is not located within a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The proposed use is allowed within the Commercial Recreational and Marine (CM) Zoning District subject to the approval of a conditional use permit. 2. The proposed use will operate similar to an office use inasmuch as the majority of the trips will occur in the morning and in the afternoon with all daily activities occurring within the tenant space. Conditions of approval have been included to help ensure the use is compatible with the surrounding office uses. 3. Pursuant to Section 20.40.040 (Off-Street Parking Spaces Required), parking ratios for a private educational facility use (Schools, Public and Private) are as required by use 03-03-2015 Planning Commission Resolution No. 1992 Page 3 of 8 permit approval. Given the demand for parking for the proposed use will be generated by employees of the facility, the result will be an equal or lesser parking demand than the parking requirement of approximately 20 spaces placed on the previous office use. Accordingly, a condition of approval has been included to require 20 parking spaces which will allow for flexibility in the future should the applicant wish to expand. 4. The project will comply with all Building, Public Works, and Fire Codes and will comply with all other applicable requirements of the Zoning Code and Municipal Code. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The project will be located in an office complex and will function similar to other office uses based on the hours of instruction that are typical of surrounding office uses. Vehicle trips to the site will generally occur during the peak periods of each day (beginning, middle, and end), consistent with office uses. 2. The proposed conversion of office space to a tutoring center involves a tenant improvement at the second floor of an existing three-story office building with no expansion in floor area. 3. No group activities, seminars, or outdoor activities are proposed limiting any concern regarding noise and compatibility with allowed uses in the vicinity. 4. The proposed conditions of approval ensure that the potential conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The project site has demonstrated that it is physically suitable to support the existing office development on the property. The addition of a private education facility that will function similar to an office use will not alter the site's ability to provide public and emergency vehicle access or public services and utilities. 2. The size of the site allows for adequate vehicle access. The design with multiple drive aisles and maneuvering areas will provide adequate circulation for both students being dropped off and picked up as well as existing users of the site. 03-03-2015 Planning Commission Resolution No. 1992 Page 4 of 8 3. The project site has demonstrated that it is physically suitable to accommodate the flow of office workers to the site which traditionally have the same or similar hours of arrival. Therefore, the proposed private educational facility with consistently scheduled instruction will be adequately served by the existing design of the site. 4. The Public Works Department, Building Division, and Fire Department have reviewed the project proposal and provided conditions of approval so as to maintain adequate access, public services, and utilities to the existing development. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project site operates as an office complex with all activities contained indoors. The proposed operation will take place indoors consistent with surrounding uses and does not constitute a hazard to public convenience. 2. Based on characteristics of the use and the conditions of approval, the operation proposed will not be detrimental to the growth of the City or be detrimental to the safety and general welfare of people working or residing in the neighborhood. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-036, subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 2015. AYES: Brown, Kramer, Koetting, Lawler, and Weigand NOES: None ABSTAIN: None 03-03-2015 Planning Commission Resolution No. 1992 Page 5 of 8 ABSENT: Hillgren and Zak BY: ory Kr Chairman BY: Pofor Koetting Secretary 03-03-2015 Planning Commission Resolution No. 1992 Page 6 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1 . The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Conditional Use Permit No. UP2015-036 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 5. A total of 20 parking spaces shall be required for the private educational facility. 6. Students shall be permitted on-site only during hours of instruction which shall be limited to between 9:00 a.m. and 4:00 p.m., Monday through Friday. Hours of operation for all other related office uses including parent-teacher conferences shall be limited to between the hours of 8:00 a.m. and 7:00 p.m., daily. 7. All activities related to the private educational facility including classes and breaks shall be held within the tenant space of the building. 8. Strict adherence to maximum occupancy limits is required. 9. The maximum number of employees shall be limited to 10. 10. The maximum number of students shall be limited to 12. 11. The proposed path for drop-off and pick-up of students shall be subject to review of the Public Works Department. At no time should the circulation of the site be negatively impacted by the proposed use. 12. During designated drop-off and pick-up times, a staff member shall escort students and monitor the entering and exiting of the ground level elevator doorway. At no time shall there be unattended students on the property. 13. Students shall not be permitted to drive and park at the facility. 14. Parents and guardians dropping off and/or picking up students shall not park on site. 03-03-2015 Planning Commission Resolution No. 1992 Page 7 of 8 15. The compliance with this Conditional Use Permit shall be reviewed by the Planning Commission one year from its effective date. 16. This Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 17. 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. 18. 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. 19. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:OOAM Between the hours of and 10:00PM 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 6OdBA 45dBA 5OdBA 100 feet of a commercial ropert Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 20. 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. 21. 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. 22. 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. 23. 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. 1992 Page 8 of 8 actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Academy CUP including, but not limited to Conditional Use Permit No. UP2015-036 (PA2015-150). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 03-03-2015