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HomeMy WebLinkAbout3209 VIA LIDO PT 21111111111111111111111111111111111111111111111111 *NEW FILE* 3209 Via Lido Pt 2 Memorandum To: Richard Edmonston From: Robert Kain, Assistant Planner CC: Date: 3/9/2001 Re: St. James Fair Share Appeal As agreed upon by the St. James Church and confirmed by the Planning Department the church demolished 18,000 sq. ft. of building in 1995 and replaced it with 17,334 sq. ft. of new building with 12,667 square feet of existing building remaining. The total square footage on the site at the end of phase-1 was approximately 30,001 square feet. During phase-2 the church will add 8,680 square feet of building to the church site and demolished 6,225 square feet of existing building. Upon completion of the church build -out the existing 6,442 sq. ft. bank building at 350 32street will be demolished and replaced with parking. At the end of the project the church will have demolished approximately 30,667 square feet and replaced it with 26,014 square feet of new building. There will be an overall decrease of approximately 4,653 square feet of building at the end of the project. 20' L 11)0 PD. Z•2' CONC. NAIL TIES TO POINT ON SEWER M.H. FITS TIES PER C.E. TIE BOOK 37 , PACE 142. LEGAL DESCRIPTION: ALL THAT CERTAIN AND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 1: THE WEST 50 FEET OF THE EAST 100 FEET OF LOT 6 OF TRACT 1117, AS PER MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Y EXCEPT THAT PORTION OF THE SOUTH ONE-HALF OF VIA MALAGA ABUTTING SAID LAND ON THE NORTH, VACATED FEBRUARY 4, 1946 BY RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF NEWPORT BEACH. PARCEL 2: THE WEST 14 FEET OF THE EAST 114 FEET OF LOT 6 OF TRACT 1117, AS PER MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION OF THE SOUTH ONE-HALF OF VIA MALAGA ABUTTING SAID LAND ON THE NORTH, VACATED FEBRUARY 4, 1946 BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH. PARCEL 3: THE EASTERLY 50 FEET OF LOT 6 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPTING THAT PORTION OF THE SOUTH HALF OF VIA MALAGA ABUTTING SAID EAST 50 FEET ON THE NORTH, VACATED FEBRUARY 4, 1946 BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH. EASEMENT NOTES: THE EASEMENTS SHOWN HEREON REFER TO FIRST AMERICAN TITLE INSURANCE COMPANY TITLE REPORT DATED MAY 14, 1991, REFERENCE NO. OR-1553473. THIS MAP ASSUMES NO LIABILITY FOR ERRORS IN THE TITLE REPORT OR FOR INFORMATION NOT SHOWN EXCEPT AS NOTED ON THIS MAP. 1. GENERAL AND SPECIAL TAXES. 2. LIEN OF SUPPLEMENTAL TAXES. METERS �j L 1 doh E " WASHERSTAMPED DEPT. OF TRANS.". NO N890 14' 37" E -FD. NOTHING SET NOTHING SPK. WASHER STAMPED "CALIT. DEPT. MB9°14'37"E OF TRANS." NO REF. IN 0.31') —FD. SPK. ti. ,MASHER STAMPED " CALIF. DEPT. OF TRANS.". PER P.M.B. SS/ ii2 kD.E. TIL BOOK YL. PAGE 72. (THE HUDSON 3. AN EASEMENT FOR PUBLIC UTILITY PURPOSES AS SHOWN ON TRACT NO. 1117, RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS. 4. AN EASEMENT TO THE CITY OF NEWPORT BEACH FOR PUBLIC UTILITY PURPOSES PER DOCUMENT RECORDED MAY 21, 1951 IN BOOK 2191, PAGE 212, OFFICIAL RECORDS. 5. OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION, AND ASSISTANCE LEAGUE OF NEWPORT BEACH RECORDED IN BOOK 11582, PAGE 1262 OF OFFICIAL RECORDS. BASIS OF BEARINGS: THE BEARING OF NORTH 00` 44' 30" WEST FOR THE CENTERLINE OF VIA OPORTO AS SHOWN ON A TRACT MAP NO. 1117, RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WAS USED AS THE BASIS OF BEARINGS FOR THIS MAP. ENGINEER'S STATEMENT: I HEREBY STATE TO FIRST AMERICAN TITLE INSURANCE COMPANY THAT THIS SURVEY, MADE UNDER MY SUPERVISION ON JUNE 26, 1991, CORRECTLY SHOWS THE PROPERTY LINES OF THE WITHIN LEGAL DESCRIPTION, AND THAT THERE ARE NO ENCROACHMENTS OR ADJOINING BUILDINGS OR STRUCTURES ONTO SAID LAND, NOR OVERLAY OR ENCROACHMENT OF ANY BUILDINGS, IMPROVEMENTS OR STRUCTURES FROM SAID LAND ONTO ADJOINING LANDS, OR PROPERTY LINES, OR OVER OR UPON ANY STREETS, RIGHTS -OF -WAY, EASEMENTS, OR ESTABLISHED SETBACK LINES, EXCEPT AS SPECIFICALLY SHOWN, IF ANY, AND INDICATED HEREON. KERRY W. LAWLER, R.C.E. 23927 REGISTRATION EXPIRATION DATE: 12-31-93 L 32 Nn 382.00, 716191 DATE 0' (496.301 STREET QUASI -PUBLIC UTILITIES NOTE: IN SPITE OF EFFORTS ON THE PART OF THIS OFFICE TO CONTACT THE VARIOUS PUBLIC UTILITY COMPANIES AND TO REQUEST THAT PLANS ILLUSTRATING THE LOCATIONS) OF THEIR EXISTING UNDERGROUND FACILITIES BE PROVIDED, CERTAIN PUBLIC UTILITY COMPANIES HAVE NOT RESPONDED IN A TIMELY FASHION. AS A RESULT, THIS PLAN, DOES NOT CONTAIN A PLOT OF EXISTING UNDERGROUND FACILITIES FOR THE FOLLOWING UTILITY COMPANIES: SOUTHERN CALIFORNIA EDISON COMPANY PACIFIC BELL LOCAL CABLE TELEVISION COMPANY. THE ABOVE -NOTED FACILITIES WILL BE PLOTTED UPON RECEIPT OF THE APPROPRIATE DOCUMENTS; NEW COPIES OF THE RESULTANT REVISED PLAN WILL BE FURNISHED UPON REQUEST. NOTE: THIS ALTA SURVEY PERTAINS ONLY TO PARCELS 1, 2, & 3 AS DESCRIBED IN THE LEGAL DESCRIPTION SHOWN HEREON. THE REMAINDER OF THE PROPERTY SHOWN ON THIS MAP IS FOR TOPOGRAPHIC PURPOSES ONLY AND IS NOT INCLUDED WITHIN THE ALTA SURVEY. AREAS: PARCEL 1 0.1034 ACRE 4,505.50 SQ. FT. PARCEL 3 0.1034 ACRE 4,505.50 SQ. FT. PARCEL 2 0,0290 ACRE 1,261.54 BgL F.1y TOTAL AREA: 0.2358 ACRE 10,272.54 SQ. FT. SURVEY NOTES: ( ) INDICATES RECORD PER TRACT NO. 907 [ ] INDICATES RECORD PER TRACT NO. 1117 LEGEND: a ' ' INDICATES THE LIMIT OF THE ALTA SURVEY MALAGA '9. y\ .vim 'STOP"I DD NOT ENTER': "ONE )NAY" SIGN el SCALE =i"= i0' FD. CHIS „ +" S.E'LT LOD' ACCEPT. AS POINT ON THE U.S. BULKHEAD LINE FD. NOTHING SET NOTHING `RIGHT LANE - MUST TURN RIGHT" SIGN G 500.49, (SOO.707' 136.31' FO. PUNCHED 2" BRASS DISC IN WELL MON., NO REF: ACCEPT: AS t INT. OF LAFATETTE AHE. K THE HUDSON. FD. NOTHING SET NOTHING 176.93' 1177.30' PER TR. NO. 7615) FO. NOTHING 4213.63' SET NOTHING FO. TAG ONTO? OF BULKHEAD, L.S. 298E PER TR. N0.164%. JUL 1U 1991 6.51, 1 100.448 �*rl jol i t�p(�(-oPAL) OF-Mo C� *(6(0-b DL—MOG11 cola - P S . r LLT(D O,FW IIROK( L71000 2-7 POTF,- ' AWN P�AOUMON P SP, � cc I 0(7Er) Iff + Fair Share Fee Memo February 14, 2001 TO: Marina Marrelli PLANNING DEPARTMENT FROM: Richard Edmonston TRANSPORTATION AND DEVELOPMENT SERVICES MANAGER SUBJECT. • FAIR SHARE FEES FOR ST. JAMES CHURCH - PHASE 11 3209 Via Lido The proposed project involves the second phase of construction for a master plan redevelopment of an existing church. The staff report dated April 6, 1995 determined a net increase of 158.2 new trips from the additional 6,328 sq. ft. that would result from the two-phase project. The master planned church facility would include a new sanctuary, small chapel, and two-story building containing a parish hall, kitchen, library, classrooms, nursery, pre-school, administrative offices, reception, and general storage. Phase I has been completed and grading for Phase 11 will commence this month. No Fair Share fees were required for Phase I construction as the total sq. footage demolished was greater than the new construction accomplished in Phase I. The Fair Share Fee for this project is $27,638.10 based upon the following information: The current Fair Share trip rate = $136.95/trip. 2. Total Fair Share fee = $136.95/trip x 158 trips = $21,638.70. Please let me know if you have any questions the fee explanation. F.\HOME\Divan\(airshar\memos\StJames Episcopal Church 2.14.01 Level of Significance The requirements of the Excavation and Grading Code and the recommended mitigation measure would minimize pollutant runoff and would reduce potential impacts below the level of significance. V. Air Quality Potential Tmpacts The size of the project does not exceed the threshold of potential significance established by the South Coast Air Quality Management District. Additionally, the character and nature of the land will not result in any discharge into the air other than typical venting of buildings and occasional food preparation activities. Therefore, the project will not violate any air quality standard; contribute to an air quality violation; expose sensitive receptors to pollutants; alter air movement, moisture or temperature; cause any change in climate; or create objectionable odors. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated. W. Transportation/Circulation Potential Impacts The overall floor area of the church facilities will increase by 6,328 sq.ft. Using the traffic generation rates in the Newport Beach Traffic Model, this will result in an additional 158.2 daily trips from the new facility. The Newport Beach Traffic Phasing Ordinance established a significance threshold of 300 average daily trips before expanded traffic analysis is required. Therefore, no significant effects from increased is anticipated as a result of the new development. The project is the demolition and reconstruction of an existing land use. No changes to emergency access will occur. Parking for the project will be provided through a combination of an existing parking Tot across 32nd Street from the church facility and other off -site parking available in the City Hall complex. An off -site parking agreement with the City of Newport Beach has been approved. Through this combined parking arrangement, the amount of parking required by the Newport Beach Municipal Code will be provided for the new development. Therefore, no impacts are anticipated in the area of parking. Fn%imunmul AKlysi. Chccklis Explin:ul n 5 1y, SL Junes Church F-,quru%cq /j /7 r February 8, 2001 To: Janet Divan Traffic Engineering From: Marina Marrelli Planning Subject: Fairshare Traffic Impact Fees St. James Church, 3209 Via Lido This church has been approved for two-phase construction. In 1995 they built a 13,493 square foot addition to an existing 3,805 square foot structure. According to the correction sheet prepared by the planner who planchecked that phase, Fair Share Fees were not required to be collected. Plans have been submitted for Phase Two, an 8,549 square foot sanctuary with attached small chapel, choir rehearsal room, and other ancillary offices. Are Fair Share Fees required for this Phase? If so, do you want me to use the regular "church" use? Thank you. L r 00 PC City Council Meeting May8. 1995 Agenda Item No. CITY OF NEWPORT BEACH TO: Mayor and Members ofthe �City Council FROM: Planning Department SUBJECT: A General Plan Amendment No. 88-2(El Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use; and the acceptance of an environmental document. ME B. Local Coastal Prowam Amendment No. 36 Request to amend the Local Coastal Program Land Use Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. ►ED. C. Amendment No. 818 Request to amend a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GEIF [0.5/.75] District. FEET : D. Use Permit No. 3549 Request to allow the phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms. The proposal also includes a use permit to allow the transfer of development rights to the church site, from property located at the southwesterly comer of 32nd Street and Lafayette Avenue and the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height; the approval of an off -site parking arrangement; and the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area. 0 TO: City Council - 2 AND E. Variance No. 1204 Request to allow the proposed development to exceed .5 times the site area on property with a .5/.75 variable Floor Area Ratio. 0 F. Lot Line Adjustment No 95-2 Request to permit a lot line adjustment so as to combine five existing parcels of land into one parcel for church purposes, on property to be zoned GEIF [0.5/.75]. LOCATION. Church Site: Lots 1197, 1198, 1199, and 1200, Tract 907 and a portion of Lot 6, Tract No.1117 located on the southwesterly corner of Via Lido and Via Malaga. Off -Site Parking Location: Lots 7-12, 16-21, and portions of Lots 13 and 15, Block 530, Lancaster's Addition, located on the southwesterly corner of 32nd Street and Lafayette Avenue, in the Central Newport. ZONES: RMC and SP-6 APPLICANT: St. James Episcopal Church, Newport Beach OWNER: Same as applicant Applications This item involves a request to amend the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. The proposal also includes: a request to amend a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GEIF [0.5/.75] District, a use permit to allow the phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms; a use permit to allow the transfer of development rights to the church site, from property located on the southwesterly comer of 32nd Street and Lafayette Avenue, the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height, the approval of a variance to allow the proposed development to exceed .5 times the site area, the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area; the approval of an off -site parking arrangement; and the approval of a lot line adjustment so as to combine 5 existing parcels into 1 parcel. General Plan and Local Coastal Program amendment procedures are set forth in Council Policy Q-1. Amendment procedures are set forth in Chapter 20.84 of the Municipal Code, use permit procedures are set forth in Chapter 20.80 of the Municipal Code, variance procedures related to Floor Area Ratio provisions are set forth in Chapter 20.82 of the Municipal Code, and lot line adjustment and modification procedures are set forth in Chapter 20.81 of the Municipal Code. TO: City Council - 3 Suggested Action Hold hearing; close hearing; if desired, (a) Adopt Resolution No.. approving General Plan Amendment No. 88-2 (E), amending the Land Use Element of the General Plan so as to redesignate the easterly 114 feet of Lot 6, Tract No. 1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use, and (b) Adopt Resolution No._, approving Amendment No. 36 to the Local Coastal Program Land Use Plan, so as to redesignate the easterly 114 feet of Lot 6, Tract No. 1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use; and (c) Adopt Ordinance No._ (Amendment No. 818), amending a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GEIF [0.5/.75] District; and (d) Sustain the action of the Planning Commission approving Use Permit No. 3549, Variance No. 1204 and Site Plan Review No. 69. Planning Commission Recommendation At its meeting of April 6, 1995, the Planning Commission approved the above applications (5 Ayes, 2 Absent). Attached for the City Council's information is an excerpt of the Planning Commission minutes dated April 6, 1995 and the Planning Commission staff report for the proposed project. PLANNING DEPARTMENT JAMES D. HEWICKER, Director Y W. Wi Arn Ward Senior Planner Attachments: Planning Commission staff report with attachments dated April 6, 1995 Excerpt of the Planning Commission minutes dated April 6, 1995 Resolution No. _ for General Plan Amendment No. 88-2(E) Resolution No. _ for Local Coastal Program Amendment No. 36 Proposed Ordinance Site Plan, Floor Plans and Elevations F:1wp511pluv %'Zill•w\up4W5549.m2 Planning Commission Meeting April 6. 1995 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A. General Plan Amendment No 88-20 (Public Hearing) Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use; and the acceptance of an environmental document. F.Wo B. Local Coastal Program Amendment No. 36 (Public Hearing) Request to amend the Local Coastal Program Land Use Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. map C. Amendment No 818 (Public Hearing) Request to amend a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GEIF [0.5/.75] District. Will D. Use Permit No 3549 (Public Hearing) Request to allow the phased construction of a new church fac7ity including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms. The proposal also includes a use permit to allow the transfer of development rights to the church site, from property located at the southwesterly corner of 32nd Street and Lafayette Avenue and the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in. Might, the approval of an off -site parldng arrangement; and the approval of a modiScation to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking' area h0, TO: Planning Commission - 2. 0 F. Variance No. 1204 (Public Hearin] Request to allow the proposed development to exceed ,5 times the site area on property with a .5475 variable Floor Area Ratio. 0 G. Lot Line Adjustment No. 95-2 (Public Hearing) Request to permit a lot line adjustment so as to combine five existing parcels of land into one parcel for church purposes, on property to be zoned GEIF [0.5/.75]. LOCATION: Church Site: Lots 1197, 1198, 1199, and 1200, Tract 907 and a portion of Lot 6, Tract No.1117 located on the southwesterly comer of Via Lido and Via Malaga. Off -Site Parking Location: Lots 7-12, 16-21, and portions of Lots 13 and 15, Block 530, Landcaster's Addition, located on the southwesterly comer of 32nd Street and Lafayette Avenue, in the Central Newport. ZONES: RMC and SP-6 APPLICANT: St. James Episcopal Church, Newport Beach OWNER: Same as applicant Applications This item involves a request to amend the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan so as to redesignate the subject property from "Retail Service Commerciar' use to "Governmental, Educational, and Institutional Facilities" use. The proposal also includes: a request to amend a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GEIF [0.5/.75] District, a use permit to allow the phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms, a use permit to allow the transfer of development rights to the church site, from property located on the southwesterly corner of 32nd Street and Lafayette Avenue, the approval of use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height, the approval of a variance to allow the proposed development to exceed .5 times the site area; the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area; the approval of an off -site parking arrangement; and the approval of a lot line adjustment so as to combine 5 existing parcels into 1 parcel. General Plan and Local Coastal Program amendment procedures are set forth in Council Policy Q-1. Amendment procedures are set forth in Chapter 20.84 of the Municipal Code, use permit procedures are set forth in Chapter 20.80 of the Municipal Code, variance procedures related to Floor Area Ratio provisions are set forth in Chapter 20.82 of the Municipal Code, and lot line adjustment and modification procedures are set forth in Chapter 20.81 ofthe Municipal Code. TO: Planning Commission - 3. Conformance with the General Plan and the Local Coastal Program Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan currently designate the original church site for "Governmental, Educational and Institutional Facilities" use. The expanded church property, which includes the adjoining property to the west which was previously owned by the Assistance League, and the southwesterly comer of 32nd Street and Layfette Avenue, are designated "Retail and Service Commercial" and "Retail and Service Commercial and Industrial" uses, respectively. Although the existing and proposed church use is a permitted use within the "Retail and Service Commercial" designation, the applicant is requesting to reclassify the property previously owned by the Assistance League from "Retail Service Commercial" use to "Governmental, Educational and Institutional Facilities". Such a change, will classify the entire church facility as "Governmental, Educational and Institutional Facilities". Environmental Si dficance In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Initial Study has been prepared for the proposed project. Based on the information contained in the Initial Study, it has been determined that the project will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared for the project and is attached for the Planning Commission's information. Subject Prooegy and Surrounding Land Use The subject property is comprised of two sites: the church facility site which includes the original church facility and the expanded portions of the church which occupy buildings previously owned by the Assistance League; and the off -site parking site which is located across 32nd Street and includes the former Bank of Newport facility. To the north of the church facility site, across Via Malaga, is the Christian Science Church and related parking; to the northeast, across Via Lido, is a parking lot and office for the Lido Sailing Club; to the southeast, across Lafayette Avenue, is the Park Lido residential condominium project; and to the south is the old Bank of Newport facility which the church uses for meetings and conferences and an off -site parking area for the five story building located at 3388 Via Lido. Analy L Existing church activities generally include Sunday worship services at 7:30 am., 9:00 a.m. and 10:45 a.m. and Sunday church school at 9:00 a.m. Midweek activities include a 12:00 noon worship service and a variety of evening programs such as adult education and discipleship, youth programs, adult and children choirs which are conducted between 7:00 p.m. and 10:00 p.m. The applicant is proposing a two phased redevelopment of the existing church facility. Phase i which is scheduled to begin this summer will include the removal of all buildings except the main church building located on the easterly portion of the site, and the construction of a new two-story building which will include a parish hall and related ldtchen, a, Library, classrooms, a nursery, a pre-school, administrative offices and reception, bathrooms and general storage. Phase 2, which is not expected for six to eight years, will include the construction of a new 375 seat sanctuary, a small chapel, and a TO: Planning Conunission - 4. choir rehearsal room. On the ground floor, the new sanctuary will be separated from the parish hall by a large 1,500± square foot courtyard which is oriented to 32nd Street which will be the main entrance to the church. The courtyard and pedestrian areas adjacent to the parish hall will be enclosed by a 4 foot 6 inch± high raised planter between the wall and the public sidewalk (see south elevation on Sheet 5 of attached plans). The architectural style of the project will be Mediterranean with composite, flat, red roof tiles and stucco wall surfaces. The new sanctuary will have an average height of 30± feet and a maximum ridge height of 34 feet. The new parish hall will have an average height of 24± feet and a ridge height of 28± feet, as well as a central skylight which will have an average height of 32± feet and a maximum ridge height of 34± feet. All of the proposed buildings conform to the 35 foot height limit for churches, with the exception of the proposed bell tower and 8 foot cross which have a height of 50 and 58 feet, respectively. In accordancewith Section 20.02.080 of the Municipal Code, any church building in excess of 35 feet will require a use permit for such a roof height. Staff has no objections to the proposed bell tower inasmuch as it represents a very small portion of the church building and it is located adjacent to Via Lido so as not to minimize any possible problem with scale relationship with adjoining buildings and view obstruction for the Park Lido Condominiums. It is staffs Sather opinion that the proposed tower is in keeping with traditional church architecture and acts as an important architectural focus for the project. In the same regard, staff has no objections to the proposed 8 foot high cross on top of the tower, inasmuch as it will be non -illuminated and be constructed of metal. Floor Area Ratio Provisions The land Use Element also establishes area specific land use policies throughout the City. These "area" policies set a floor area ratio (FAR.) development limit of 0.5/0.75 FAR on the subject property. Based on this requirement, the Base Development Allocation for the church site is 0.5 times the site area or 13,007± square feet (26,014± sq.ft. x 0.5 = 13,007± sq.ft.). Staff has calculated the gross floor area of the proposed church facility at 26,962± square feet or 1.036 FAR however, the attached site plan indicates the proposed gross floor area is 25,220± square feet or .969 FAR. In either case, the proposed project exceeds the allowable Floor Area Ratio. It is believed that the difference between staffs calculation of gross floor area and the applicant's is that the applicant did not include those portions of the project which measure more than 18 feet from finished floor to the average height of the roof above, as occupying two floor levels. As represented in the attached plans, the nave area of the sanctuary includes an average height of 29± feet above the finished floor and the social hall includes portions with an average roof height of 23 feet and 31 feet above finished floor. In the building bulk provisions contained in Section 20.07.050 of the Municipal Code, the floor area within these portions of the project should be counted twice. However, it should be noted that the building bulk provisions were originally established with commercial buildings in mind and not churches. Due to the unique aspects of church architecture, which often includes high, vaulted ceilings, it may not be appropriate to apply the building bulk provisions to churches. This position is supported by the fact that in accordance with Section 20.02.080 of the Municipal Code there is no attempt to control the height of churches except to require a use permit if the building height exceeds 35 feet. Therefore, the building bulk provisions and the height limit provisions seem to be somewhat in opposition If the Planning Commission were not to apply the building bulk provisions to the new sanctuary, the gross floor area of the project would be 24,8861 square feet or 2,076 square feet less. For the purpose of the following analysis, staff has used this reduced figure which does not apply the building bulk provisions to the sanctuary. TO: Planning Commission - 5. In addition to the General Plan provisions, Chapter 20.07 of the Municipal Code classifies churches as a Maximum FAR use which allows such uses to exceed the Base Development Allocation, up to 0.75 times the site area, subject to the approval of a variance as set forth in Section 20.82.020 D of the Municipal Code. In accordancewith said provisions, a variance may be approved to exceed the "Base FAR, (0.5) up to the "Maximum FAR' (0.75), consistent with the provisions of the General Plan Land Use Element and Section 20:07.040 and if all of the additional findings are made: 1. It has been demonstrated that the traffic to be generated by the proposed Maximum FAR use will not exceed that which would be generated if a use generating 60 trip ends per 1,000 sq.ft. per day and 3 trip ends per 1,000 sq.li. at peak hour, were developed at a floor area ratio of 0.5 Traffic generation shallbe determined in accordancewith City Council Policy S-1. 2. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. 3. The building tenants would be restricted to the uses upon which the traffic equivalency was based. 4. The proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 5. The increased development, including above grade covered parldng, does not create abrupt changes in scale between the proposed development and development in the surrounding area. 6. That the proposed use and structures, including above grade covered parking, are compatible with the surrounding area. 7. The increased development, including above grade covered parldng, will not result in significant impairment of public views. 8. That the site is physically suitable for the development proposed, including above grade covered parldng, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources - Where development at an increased floor area ratio is approved, a covenant shall be recorded which would bind the current and future property owners to the Maximum FAR uses upon which the traffic equivalency for the higher floor area was based Inasmuch as the proposed development exceeds the Base Development Allocation, the applicant is requesting the approval of a variance to increase the allowable Floor Area Ratio from 0.5 to 0.75 as permitted by Section 20.82.020 D of the Municipal Code. Staff has no objections to such an action, inasmuch as a typical church use has a daily trip generation of less than 60 trips per 1000 sqA and peak hour traffic generation of less than 3 trips per thousand, and further, it is staffs opinion that all of the above findings can be reasonably be made in conjunction with the proposed project. p d - 4 TO: Planning Commission - 6. Should the Planning Commission approve a development allocation of 0.75 times the site area (19,510f square feet), the proposed project would still exceed the specified floor area by approximately 7,452f square feet based on staffs calculation of the gross floor area (26,962f sq.ft. - 19,510f = 7,452f sq.ft.). Therefore, the applicant is requesting approval to transfer 7,452f square feet of development rights from the off -site parking lot to the church site.. In accordance with the provisions of Section 20.07.070 of the Municipal Code, transfer of development intensity from one site to another may be permitted provided that the resulting floor area on the increased site does not exceed 1.0 times the site area and provided that the following findings are made in conjunction with the approval of a use permit: The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. 2. The transfer of development intensity will result in a net benefit to the aesthetics of the area. The increased development on the site, including above grade covered parking, does not create abrupt changes in scale between the proposed development and development in the surrounding area. 4. The proposed uses and structures, including above grade covered parking, are compatible with the surrounding area. 5. The increased development on the increased site, including above grade covered parking, will not result in significant impairment of public views. 6. The increased site is physically suitable for the development proposed, including above grade covered parking, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. 7. The transfer of development intensity will not result in a net negative impact on the circulation system. S. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. 9. The proposed uses and physical improvements are such that the approved projects would not readily lend themselves to conversion to higher traffic generating uses. Stag has no objections to a transfer of development, inasmuch as all of the above findings can be reasonably be made in conjunction with the proposed project. However, inasmuch as the maximum allowable gross floor area permitted on the increased site is 1.0, the maximum allowable transfer in this case is a 6,504t square foot transfer. Such a transfer would increase the allowable development of the site to 26,014 square feet of 1.0 FAR. Inasmuch as the project includes 24,886f square feet, assuming the building bulk provisions are not applied to the sanctuary, the proposed project will be less than 1.0 tunes the site area Should the Planning Commission determine that the building bulk provisions should be applied to the'sanctuary, it will be necessary for the applicant to reduce the square footage of the project by 9484- square feet or lower portions of the buildings which have a clear average height in TO: Planning Commission - 7. excess of 18 feet (parish hall and nave area of the sanctuary). Should the Planning Commission wish to apply the building bulk provisions to the project and require the reduction in square footage, the following finding and condition should be added to the attached Exhibit "A" as replacements to the Finding No. 19 and Condition No. I 1 of Use Permit No. 3549. Finding 19. That the building bulk provisions as set forth in Chapter 20.07 of the Municipal Code are appropriate in this case and should be applied to churches that are located within established commercial areas. Condition 11. That the gross floor and/or the building bulk of the proposed project shall be reduced so as not to exceed 26,014 square feet. Proposed Zone Change Amendment The existing church site is currently zoned RSC-H. Although church uses are permitted within the RSC-H District, subject to the approval of a use permit, the most appropriate zoning in order to be consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan is GEIF. Therefore, staff has included a proposal to rezone the church site from the RSC-H District to the GEIF District. Under the new zoning classification, the church would still be subject to the approval of a use permit However, the GEIF District does not include a specific, allowable gross floor area; therefore, it is necessary to designate the allowable base Floor Area Ratio on the Districting Map. In light of the previous discussion which supports the transfer of development rights and the approval of a variance in order for the applicant to achieve the desired Floor Area Ratio of 1.0, staff suggests that a flexible FAR of GEIF [0.5/.75] be established for the site on the Districting Map. Such a change would be consistent with the allowable Floor Area Ratios of surrounding commercial properties. Off -Street Parldrig,ftuirement In accordance with Section 20.30.035 of the Municipal Code, churches are required to provide one parking space for each three seats in the principal area of worship. Inasmuch as the existing church was constructed at a time when there was no off-street parldng requirement for churches, it is considered to be pre-existing nonconforming relative to the off-street parking requirement. Historically, the church has not provided any off-street parking; however, in the last few years, the church has purchased the old Bank of Newport site which currently provides 50 off -site parldng spaces. In light of the fad that the off-street parldng requirement is connected to the number of seats in the sanctuary, and that the proposed project will be constructed in two phases spanning six to eight years, the required and proposed parking has been considered separately for each phase of the project. During Phase 1, the existing 225 seat sanctuary will remain and approximately 19,000 square feet of existing buildings used for classroom, offices and meeting rooms will be removed from the church site. Technically, during Phase 1, the church is not required to provide any off-street parldng inasmuch as the pre-existing nonconforming sanctuary will remain; however, the church will continue to provide 50 parking spaces in the off -site parking lot. In addition to their own off -site parking, the Church also obtained the City CouncU's approval of a Reciprocal Parldng Licenses Agreement on March 27, 1995 which will allow a shared parking 49 A�* TO: Planning Commission - 8. arrangement between the City and the church. Under the terms of the agreement, the church will be allowed to use 25 parking spaces on Saturdays and 45 parldng spaces on Sundays and City Holidays, within the City Hall parldng areas shown on Exhibit' A" to the attached Reciprocal Parking License. The hours of use for such parldng will be from 7:00 a m. to 6:00 p.m In exchange for such parldng, the church agreed to allow the City to use 50 percent of the parking spaces located in the off -site parking lot owned by the church between the hours of 7:00 am and 6:00 p.m. Monday through Friday. Based on the above figures staff has prepared the following table which sets forth the proposed Phase 1 parking for the church. Church Off -Site Parking Location City Hall Off -Site Parking Location Total Monday - Friday. Saturday - Sunda & Holidays Day Might Day Might 25 0 50 0 50 45 50 45 25 50 95 95 As indicated in the above table, 95 parking spaces will be available to the church on Sunday mornings which is their highest parking demand. If the existing church were built today, it would have a parking requirement of 75 spaces, based upon one parking space for each 3 seats in the 225 seat sanctuary. Therefore, the proposed Phase 1 parking exceeds that which would be required by the Municipal Code on Sunday mornings. Inasmuch as Phase 2 of the proposed project represents a total reconstruction of the church sanctuary, the applicant will be required to meet the current off-street parking requirement for the new sanctuary. Based on the parking formula of one parldng space for each three seats, the 375 seat sanctuary will require 125 parldng spaces. In order to satisfy this requirement, the applicant is proposing to remove the old bank building from the church owned off -site parldng area and redesign and expand the parking lot to provide 80 parking spaces. Along with the 45 parldng spaces provided in conjunction with the reciprocal parldng agreement with the City, a total of 125 parldng spaces will be provided. The following table sets forth the Phase 2 parldng for the project. Church Off -Site Parldng Location City Hall Off -Site Parking Location Total Monday - Friday Saturday - Sunday&HoUdays Day Might Day Night 40 0 80 0 80 45 80 45 40 80 125 125 It is also noted that the applicant is requesting approval of a modification to the Zoning Code so as to allow four of the proposed parking spaces included in the Phase 2 design of the church owned off -site parldng area to be tandem parldng spaces. Staff has no objections to such a proposal inasmuch as the tandem spaces will be used by church staff who typically arrive and leave the church facility before the 1 The front sheet,of the attached plans incorrectly indicates that the required off-street parking for the church is 90 parking spaces. �/ TO: Planning Commission - 9. parishioners. The City Traffic Engineer has no objections to the tandem spaces provided that they are marked for staff parking only. Lot Line Adjustment The subject property is currently comprised of five legal lots or portions of lots. In accordance with the provisions of Section 20.87.090 of the Municipal Code, when a building site is comprised of more than one parcel or lot and such building site has or intends to have a building cross over an existing parcel or lot line, it is required that prior to the issuance of building permits, said parcels or lots must be combined into a single parcel. In order to accomplish this, the applicant is requesting approval of a lot line adjustment so as to combine the five lots into a single parcel of land. Staffhas no objections. Conclusions and Specific Findings Section 20.80.060 of the Municipal Code provides that in order to grant any use pemilt, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Section 20.82.020D of the Municipal Code requires specific findings be made in order to approve a variance to allow a Maximum FAR use to exceed the Base Development Allocation. In the same regard, Section 20.07.070 of the Municipal Code requires specific findings be made in order to allow the transfer of development intensity from one sit to another. The adoption and amendment to the General Plan is considered a legislative act on the part of the City, and State Planning Law does not set forth any required findings for either approval or denial of a General Plan Amendment. This also applies to amendments to the Local Coastal Program and Zoning Ordinance. Should the Planning Commission desire to approve this proposal, the Endings, conditions and suggested actions set forth in the attached Exhibit "A" are recommended. Staff has not included an exhibit for denial of the subject applications inasmuch as we are unable to determine sufficient findings for denial. However, the possibility remains that information may be provided at the public hearing which may provide adequate basis for denial of the project should the Planning Commission wish to take such an action. PLANNING DEPARTMENT James D. Hewicker, Director BOilllarn'Warcl ✓j SeniorPlanner Aa TO: Planning Conunission -11. E)Cmrr"A" FINDINGS AND CONDITIONS AND ACTIONS FOR APPROVAL OF GENERAL PLAN AMENDMENT MEONT No2818,, USE PERMIT AL COASTAL PROGRAM AMENDMENT NO.36, NO.3549, VARIANCE NO. 1204, LOT LINE ADJUSTMENT N0. 95-2 AND RELATED ENVIRONMENTAL DOCUMENT A EhIVIRONMENTALDOCUMENT Findin s: 1. That the contents of the'environmental document have been considered in the various decisions on this project. 2. That discussed in the environmental document have been infeasible incorporated into the proposed project. 3. That based upon the information contained in the Initial Study, Negative Declaration and supif the mitigation s are project, t will not have the potortive materials thereto ential to significantly degrade of therenvironment orated into the 4. That no cumulative impacts are anticipated in connection with this project. 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. 6. That the findings made in regard to the Environmental Document described above also apply to the action taken on Use Permit No. 3549 and Variance No.1204. Mitigation Measures: 1. Prior to issuance of a building permit for any expansion, a General Plan Amendment and a Local Coastal Program, Land Use Plan Amendment shall be approved by the City of Newport Beach and the California Coastal or Governmental, Commission, rede Educational Ing nstitutional e former Assistance League portion of the property Facilities. 2. Prior to issuance of a grading or building permit the applicant shall demonstrate to the Planning and Building Departments that all appropriate 'structural and non-structural best management practices will be incorporated into the project as required by the National Pollutant Discharge Elimination System (NPDES) Drainage Area' Management Plan. TO: Planning Commission -12. Av Prior to the issuance of a building permit for the planter wall, a landscape plan for the planter wall shall be submitted for the review and approval of the Planning Department. This landscape plan shall incorporate both upright and cascading landscape elements to soften the visual presence of the wall. The landscaping shall be installed in conformance with the approved plan prior to the building permit being finaled. 4. Prior to the issuance of any building permit, the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the fight source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied B. GENERAL PLAN AMENDMENT NO. 88-20 Adopt Resolution No._ (attached) recommending to the City Council the adoption of General Plan Amendment No. 88-2(E), amending the Land Use Element of the Newport Beach General Plan so as to redesignate the easterly 114 feet of Lot 6, Tract No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. C. LOCAL COASTAL PROGRAM AMENDMENT NO.36 Adopt Resolution No. (attached) recommending to the City Council the adoption of Local Coastal Program Amendment No. 36, amending the Land Use Plan of the Newport Beach Local Coastal Program so as to redesignate the easterly 114 feet of Lot 6, Tract No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. D. AMENDMENT NO.818 Adopt Resolution No. (attached) recommending to the City Council the approval of Amendment No. 818, amending a portion of Districting Map No. 4 so as to reclassify the easterly 114 feet of Lot 6, Tract No.1117 and Lots 1197-1200, Tract No. 907 from the RSC- H District to the GEIF [0.5/.75] District. E. USE PERMIT NO.3549 Findings: 1. That the edsting and proposed facility is consistent with the Land Use Element of the General Plan, the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking is proposed within the off -site parldng areas for both phases of the proposed development on the subject property. 3• That the proposed development will not have any significant environmental impact. . 115� ..._ TO: planning Commission - 13. ed so as to be useful in conjunction with the church use. 4. That the off -site parking areas are locat 5. That the proposed off -site parking will not create undue traffic hazards in the surrounding area. 6. That one of the off -site parking areas is owned by the accordancec rc oand the other eg i license agreement approved for the church's use in accordance with the terms of an approvedparking with the City. be Cross, which are in excess of 35 feet in 7. That the proposed �� the archit eight foot of thchurch and the surrounding area, and will not height, are in keeping obstruct any public or private view to the ocean or bay. 8. The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. 9. The transfer of development intensity will result in a net benefit to the aesthetics of the area. 10 heeprneased development on the site does not create abrupt opchanges in scale between osed development and development in the surrounding area. 11. The proposed uses and structures are compatible with the surrounding area. 12. The increased development on the increased site will not result in significant impairment of public views. e for the development osed taking into 13. The consideration dsite characterissite is tics including, but not limited to, slopes, psubmerged areas, and sensitive resources. 14. The transfer of development intensity will not result in a net negative impact on the circulation system. 15. pprojectionsse oft e�typeobe proposed perC City Council Policy traffic utilize standard generation rates generally 16. The proposed uses and physical improvements are such that to approved projects would not readily lend themselves to conversion to higher traffic generating uses. 17. That the design of to proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 1g. That public improvements may 'be required of a developer per Section 20.80.060 & 20.82.050 of to Municipal Code. . �� M TO: Planning Commission -14. 19. That the application of the building bulk provisions contained in Chapter 20.07 of the Municipal Code to the design of the proposed sanctuary is inappropriate inasmuch as said provisions were not established with churches in mind and further, that the unique architectural style of churches are distinctly different from the typicalr commercial building. 20. The approval of Use Permit No. 3549 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and fisher, that the modification to the Zoning Code so as to allow a portion of the parking spaces within the church owned off -site parking area to be tandem spaces will not be detrimental to surrounding properties and is consistent with the legislative intent of Title 20 of this Code. Conditions: That the proposed' development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the design of the parking lot shall conform with the City's standards and further, that the parking, vehicular circulation and pedestrian circulation systems for the project shall be subject to fiuther review by the City Traffic Engineer. 4. That all of the church staff shall park in one of the approved off -site parking areas at all times, and the four tandem parking spaces located in the church owned parking area shall be marked for staffparking only. 5. That the required number of handicapped parking spaces shall be designated within the church owned off -site parking area and shall be used solely for handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 6. That the applicant shall comply with all terms and provisions of the reciprocal parking license agreement approved by the City Council at its meeting of March 27, 1995 so as to allow the church the use of'45 parking spaces within the City Hall parking area on Saturdays, Sundays and holidays, from 7:00 a.m. to 6:00 p.m. 7. That a minimum of 50 parking spaces shall be provided in the church owned off -site parking area during Phase 1 of the proposed project. At the completion of Phase 2 of the project, a minimum of 80 parldng spaces shall be provided in said parking area. 8. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with each phase of the project. Prior to occupancy, a licensed landscape architect shall certify to the TO: Planning Commission -15. Planning Department that the landscaping has been installed in accordance with the approved plan. 9. That the lighting system for the proposed project, including the off -site parking area, shall be designed in a manner so as to conceal the light source and minimize light and glare to the nearby residential properties. The lighting plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the Engineer stating that, in his opinion, this requirement has been met. 10. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the operation of the church 11. That the gross floor area of the proposed project shall not exceed 26,014 square feet and further, the building bulk provisions contained in Chapter 20.07 of the Municipal Code shall not be applied to the proposed sanctuary. 12. That the applicant shall obtain Coastal Commission approval of the proposed project prior to the issuance of building permits. 13. That all conditions of approval for Variance No. 1204 and Newport Beach Lot Line Adjustment No. 95-2 shall be fulfilled. 14. That the applicant shall prepare a complete soil and geologic investigation report which shall include a liquefaction analysis. 15. That the applicant shall provide an additional fire hydrant to service the property, .the location of which will be determined by the Fire Department. 16. The project shall be equipped with a fire alarm system and an automatic fire sprinkler system. 17. That a Lot Line Adjustment be recorded prior to issuance of any Building Permits unless otherwise approved by the Public Works and Planning Departments. 18. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record the Lot Line Adjustment or obtain a building permit prior to completion of the public improvements. 19. That the proposed structure be set back along the 32nd Street frontage so that it does not encroach into the 4 foot wide utility easement located adjacent to and contiguous with the 32nd Street right-of-way. The utility easement presently contains a 6" water main. That an Encroachment Agreement be executed by the owner for any planters or other encroachments into the easement and that all encroachments be reviewed and approved by the Public Works Department and that there shall be no trees planted within the easement area. TO: Planning Commission -16. 20. That each building be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Utilities Department. 21. That the intersection of the parking lot drives, the alley and Lafayette Avenue be designed to provide sight distance for a speed of 25 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 22. That if it is desired to have a control gate at the parking lot entrances, the design shall be reviewed and approved by the Public Works Department and Fire Department. 23 That a 5 foot comer cutoff at the northwesterly comer of 32nd Street and Lafayette Avenue be dedicated to the public. 24. That cracked or displaced sections of sidewalk caused by trees planted on private property along the 32nd, Lafayette Avenue and Via Malaga frontages be reconstructed along the church and the parking lot frontages; that the unused drive approach on Via Malaga be removed and replaced with curb gutter and sidewalk; that curb access ramps be constructed at the corner of 32nd Street and Lafayette Avenue; that the unused parking lot drive approach on 32nd Street be removed and replaced with curb, gutter and sidewalk and that the unused portion of the drive approach on 31 st Street be removed and replaced with curb, gutter and sidewalk. That all work be completed under an encroachment permit issued by the Public Works Department. 25. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. 26. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 27. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 28. That 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 Pemrit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. M ;A TO: Planning Commission -17. 29. That this Use Permit shall expire unless Phase 1 of the proposed construction is exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. F. VARIANCE NO. 1204 Findings, 1. That it has been demonstrated that the traffic to be generated by the proposed church will not exceed that which would be generated if a use generating 60 trip ends per 1,000 sq. ft. per day and 3 trip ends per 1,000 sq.ft. at peak hour, were developed at a floor area ratio of 0.5. Traffic generation shall be determined in accordance with City Council Policy S-1. 2. 4. 5. 6. 7. 8. 2. 3. That the projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. That the church sanctuary will be restricted to the gross floor area and the number of seats in the sanctuary upon which the traffic equivalency was based. That the proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. That the increased development does not create abrupt changes in scale between the proposed development and development in the surrounding area. That the proposed use and structures, are compatible with the surrounding area. That the increased development will not result in significant impairment of public views. That the site is physically suitable for the development proposed taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. Condition: That all conditions of approval for Use Permit No. 3549 and Newport Beach Lot Line Adjustment No. 95-2 shall be fulfilled. NEWPORT BEACH LOT LINE ADJUSTMENT NO, 95-2 Fmdines: That the project site described in the proposal consists of legal parcels. That no additional parcels will result from the lot line adjustment. The project complies with the requirements of the California Environmental Quality Act. . TO: 3. 4. S. L' 2. 3. 4. Planning Commission - 18. The project complies with the requirements of the California Environmental Quality Act. The proposal is consistent with the General Plan and the Local Coastal Program Land Use Plan. The lot line adjustment, in and of itself, improvements and/or facilities. Conditions: will not result in the need for additional Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership shall be submitted to the Public Works Department for review. Upon approval of the lot line adjustment, the lot he adjustment shall be submitted to the Public Works Department for checking. The lot line adjustment and grant deeds shall be filed concurrently with the County Recorder and County Assessor's Offices. That the approval of the Coastal Commission shall be obtained prior to the issuance of a building permit. 4:5:91 YlCNl.T%r MAP Spry I!! ~ MO. 1 or MET —d - DISTRICTING MAP WPORT BEACH - CALIFORN ACRICUI.TUML RESIDENTNL R"� MVLTIRLE RESIDENTIAL SNICLE TAXAV NESID[NTUV. C-E LIDXT DDYYENCNL OU LU RESIDENTNL -= DERMAL CONNENCLLL NESTYI NATlftf EANIT R[SIDENRAL Y-1 YWIVEACTURINS t1 *to cwtiiT lIII.P WAa ORD. W. /SS DEC "I ISfO GENERA. FLAG LWA�L CoASTiAL '�RCWAM AENUMEntr ND. V 122�4 A9P Planning Commission Meeting April 6. 1995 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A. General Plan Amendment No. 88-2(E) (Public Hearing) Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use; and the acceptance of an environmental document. F.W101 B. Local Coastal Program Amendment No. 36 (Public Hearing) Request to amend the Local Coastal Program Land Use Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. 0 C. Amendment No. 818 (Public Hearing) Request to amend a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GEIF [0.5/.75] District. &INES] D. Use Permit No. 3549 (Public Hearing) Request to allow the phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms. The proposal also includes a use permit to allow the transfer of development rights to the church site, from property located at the southwesterly comer of 32nd Street and Lafayette Avenue and the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height; the approval of an off -site parking arrangement; and the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area TO: Planning Commission - 2. WER Request to allow the proposed development to exceed .5 times the site area on property with a .5/.75 variable Floor Area Ratio. WkFol Request to permit a lot line adjustment so as to combine five existing parcels of land into one parcel for church purposes, on property to be zoned GEIF [0.5475]. LOCATION: Church Site: Lots 1197, 1198, 1199, and 1200, Tract 907 and a portion of Lot 6, Tract No.1117 located on the southwesterly corner of Via Lido and Via Malaga. Off -Site Parking Location: Lots 7-12,16-21, and portions of Lots 13 and 15, Block 530, Landcaster's Addition, located on the southwesterly corner of 32nd Street and Lafayette Avenue, in the Central Newport. ZONES: RMC and SP-6 APPLICANT: St. James Episcopal Church, Newport Beach OWNER: Same as applicant This item involves a request to amend the Land Use Element ofthe General Plan and the Local Coastal Program Land Use Plan so as to redesignate the subject property Stom'Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. The proposal also includes: a request to amend a portion of Districting Map No. 4 so as to reclassify the subject property fiom the RSC-H District to the GEIF [0.5/.75] District; a use permit to allow the phased eonshu;tion of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, Library and classrooms; a use permit to allow the transfer of development rights to the church site, from property located on the southwesterly comer of 32nd Street and Lafayette Avenue, the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height; the approval of a variance to allow the proposed development to exceed .5 times the site area; the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -she parking area; the approval of an off -site parking arrangement, and the approval of a lot line adjustment so as to combine 5 existing parcels into 1 parcel. General Plan and Local Coastal Program amendment procedures are set forth in Council Policy Q-1. Amendment procedures are set forth in Chapter 20.84 ofthe Municipal Code; use permit procedural are set forth in Chapter 20.80 ofthe Municipal Code, variance procedures related to Floor Area Ratio provisions are set forth in Chapter 20.82 of the Municipal Code, and lot line adjustment and modification procedures are set forth in Chapter 20.81 of the Municipal Code. TO: Planning Commission - 3. Conformance with the General Plan and the Local Coastal Program Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan currently designate the original church site for "Governmental; Educational and Institutional Facilities" use. The expanded church property, which includes the adjoining property to the west which was previously owned by the Assistance League, and the southwesterly comer of 32nd Street and Layfette Avenue, are designated "Retail and Service Commercial" and "Retail and Service Commercial and Industrial" uses, respectively. Although the existing and proposed church use is a permitted use within the "Retail and Service Commercial' designation, the applicant is requesting to reclassify the property previously owned by the Assistance League from "Retail Service Commercial" use to "Governmental, Educational and Institutional Facilities". Such a change, will classify the entire church facility as "Governmental, Educational and Institutional Facilities". Environmental Significance In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K 3, an Initial Study has been prepared for the proposed project. Based on the information contained in the Initial Study, it has been determined that the project will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared for the project and is attached for the Planning Commission's information. Subject Property and Surrounding Land Use The subject property is comprised of two sites: the church facility site which includes the original church facility and the expanded portions of the church which occupy buildings previously owned by the Assistance League, and the off -site parking site which is located across 32nd Street and includes the former Bank of Newport facility. To the north of the church facility site, across Via Malaga, is the Christian Science Church and related parking; to the northeast, across Via Lido, is a parking lot and office for the Lido Sailing Club; to the southeast, across Lafayette Avenue, is the Park Lido residential condominium project; and to the south is the old Bank of Newport facility which the church uses for meetings and conferences and an off -site parking area for the five story building located at 3388 Via Lido. Analysis Existing church activities generally include Sunday worship services at 7:30 am., 9:00 am. and 10:45 a.m, and Sunday church school at 9:00 a.m. Midweek activities include a 12:00 noon worship service and a variety of evening programs such as adult education and discipleship, youth programs, adult and children choirs which are conducted between 7:00 p.m. and 10:00 p.m. The applicant is proposing a two phased redevelopment of the existing church facility. Phase 1 which is scheduled to begin this summer will include the removal of all buildings except the main church building located on the easterly portion of the site, and the construction of a new two-story building which will include a parish hall and related kitchen, a library, classrooms, a nursery, a pre-school, administrative offices and reception, bathrooms and general storage. Phase 2, which is not expected for six to eight years, will include the construction of a new 375 seat sanctuary, a small chapel, and a TO: Planning Commission - 4. choir rehearsal room. On the ground floor, the new sanctuary will be separated from the parish had by a large 1,500.t square foot courtyard which is oriented to 32nd Street which will be the main entrance to the church. The courtyard and pedestrian areas adjacent to the parish hall will be enclosed by a 71 foot high wall, which will have a 4 foot 6 inch* raised planter between the wall and the public sidewalk (see south elevation on Shed 5 of attached plans). The architectural style of the project will be Mediterranean with composite, flat, red roof tiles and stucco wall surfaces. The new sanctuary will have an average height of 301 feet and a maximum ridge height of 34 feet. The new parish hall will have an average height of 24* fed and a ridge height of 28t fed, as well as a central skylight which will have an average height of32f feet and a maximum ridge height of34t feet. All of the proposed buildings conform to the 35 foot height limit for churches, with the exception of the proposed bell tower and 8 foot cross which have a height of 50 and 58 feet, respectively. In accordance with Section 20.02.080 of the Municipal Code, any church building in excess of 35 feet will require a use permit for such a roof height. Staff has no objections to the proposed bell tower inasmuch as it represents a very small portion of the church building and it is located adjacent to Via Lido so as not to minimize any possible problem with scale relationship with adjoining buildings and view obstruction for the Park Lido Condominiums. It is stars further opinion that the proposed tower is in keeping with traditional church architecture and acts as an important architectural focus for the project. In the same regard, staff has no objections to the proposed 8 foot high cross on top of the tower, inasmuch as it will be non -illuminated and be constructed of metal. tazwrtnomm The Land Use Element also establishes area specific land use policies throughout the City. These "area" policies set a floor area ratio (FAR) development limit of 0.5/0.75 FAR on the subject property, Based on this requirement, the Base Development Allocation for the church site is 0.5 times the site area or 13,007* square feet (26,014t sq.ft. x 0.5 a 13,0071 sq.ft.). Staff has calculated the gross floor area of the proposed church faaltty at 26,9621 square feet or 1.036 FAR; however, the attached site plan indicates the proposed gross floor area is 25,220t square fed or .969 FAIL In either cast the proposed project exceeds the allowable Floor Area Ratio. It is believed that the difference between staffs calculation of gross floor area and the applicant's is that the applicant did not include those portions of the project which measure more than 18 feet from finished floor to the average height of the roof above, as occupying two floor levels. As represented in the attached plans, the nave area of the sanctuary includes an average height of 29t fed above the finished floor and the social hall includes portions with an average roof height of 23 fed and 31 fed above finished floor. In the building bulk provisions contained in Section 20.07.050 of the Municipal Code, the floor area within these portions of the project should be counted twice. However, it should be noted that the building bulk provisions were originally established with commercial buildings in mtnd and not churches. Due to the unique aspects of cluurch architecture, which often includes high, vaulted ceilings, it may not be appropriate to apply the building bulk provisions to churches. This position is supported by the fact that in accordance with Section 20.02.080 of the Municipal Code there is no attempt to control the height of churches except to require a use permit if the building height exceeds 35 feet. Therefore, the building bulk provisions and the height limit provisions seem to be somewhat in opposition. If the Planning Commission were not to apply the building bully provisions to the new sanctuary, the gross floor area of the project would be 24,886+ square feet or 2,076 square feet less. For the purpose of the following analysis, staff has used this reduced figure which does not apply the building bulk provisions to the sanctuary. TO: Planning Commission - 5. In addition to the General Plan provisions, Chapter 20.07 of the Municipal Code classifies churches as a Maximum FAR use which allows such uses to exceed the Base Development Allocation, up to 0.75 times the site area, subject to the approval of a variance as set forth in Section 20.82.020 D of the Municipal Code. In accordance with said provisions, a variance may be approved to exceed the "Base FAR' (0.5) up to the "Maximum FAR' (0.75), consistent with the provisions of the General Plan Land Use Element and Section 20.07.040 and if all of the additional findings are made: It has been demonstrated that the traffic to be generated by the proposed Maximum FAR use will not exceed that which would be generated if a use generating 60 trip ends per 1,000 sq.ft. per day and 3 trip ends per 1,000 sq.ft. at peak hour, were developed at a floor area ratio of 0.5 Traffic generation shall be determined in accordance with City Council Policy S-1. 2. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. 3. The building tenants would be restricted to the uses upon which the traffic equivalency was based. 4. The proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 5. The increased development, including above grade covered parking, does not create abrupt changes in scale between the proposed development and development in the surrounding area. 6. That the proposed use and structures, including above grade covered parking, are compatible with the surrounding area. 7. The increased development, including above grade covered parking, will not result in significant impairment of public views. 8. That the site is physically suitable for the development proposed, including above grade covered parking, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. Where development at an increased floor area ratio is approved, a covenant shall be recorded which would bind the current and future property owners to the Maximum FAR uses upon which the traffic equivalency for the higher floor area was based Inasmuch as the proposed development exceeds the Base Development Allocation, the applicant is requesting the approval of a variance to increase the allowable Floor Area Ratio from 0.5 to 0.75 as permitted by Section 20.82.020 D of the Municipal Code. Staff has no objections to such an action, inasmuch as a typical church use has a daily trip generation of less than 60 trips per 1000 sq.ft. and peak hour traffic generation of less than 3 trips per thousand, and further, it is staffs opinion that all of the above findings can be reasonably be made in conjunction with the proposed project. TO: Planning Commission - 6. Should the Planning Commission approve a development allocation of 0.75 times the site area (19,5lot square feet), the proposed project would still exceed the specified floor area by approximately 7,45U square feet based on stairs calculation of the gross floor area (26,9624: sq.ft. - 19,510+= 7,452f sq.ft). Therefore, the applicant is requesting approval to transfer 7,45U square feet of development rights from the off -site parking lot to the church she. In accordance with the provisions of Section 20.07.070 of the Municipal Code, transfer of development intensity from one site to another may be permitted provided that the resulting floor area on the increased site does not exceed 1.0 times the site area and provided that the following findings are made in conjunction with the approval oft use permit: 1. The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. 2. The transfer of development intensity will result in a net benefit to the aesthetics of the area. 3. The increased development on the site, including above grade covered parking, does not create abrupt changes in scale between the proposed development and development in the surrounding area. 4. The proposed uses and structures, including above grade covered parking, are compatible with the surrounding area. 5. The increased development on the increased site, including above grade covered parking, will not result in significant impairment of public views. 6. The increased site is physically suitable for the development proposed, including above grade covered parking, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. 7. The transfer of development intensity will not result in a net negative impact on the circulation system. 8. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. 9. The proposed uses and physical improvements are such that the approved projects would not readily lend themselves to conversion to higher traffic generating -uses. Staff has no objections to it transfer of development, inasmuch as all of the above findings can be reasonably be made in conjunction with the proposal project. However, inasmuch as the maximum allowable gross floor area permitted on the increased site is 1.0, the maximum allowable transfer in this case is a 6,504t square foot transfix. Such a transfer would increase the allowable development of the site to 26,014 square feet of 1.0 FAR. Inasmuch as the project includes 24,886t square feet, assuming the building bulk provisions am not applied to the sanctuary, the proposed project will be less then 1.0 times the site area. Should the Planning Commission determine that the building bulk provisions should be applied to the sanctuary, it will be necessary for the applicant to reduce the square footage of the project by 948t square feet or lower portions of the buildings which have a clear average height in TO: Planning Commission - 7. excess of 18 feet (parish hall and nave area of the sanctuary). Should the Planning Commission wish to apply the building bulk provisions to the project and require the reduction in square footage, the following finding and condition should be added to the attached Exhibit "A" as replacements to the Finding No. 19 and Condition No. i 1 of Use Permit No. 3549. Finding 19. That the building bulk provisions as set forth in Chapter 20.07 of the Municipal Code are appropriate in this case and should be applied to churches that are located within established commercial areas. Condition 11. That the gross floor and/or the building bulk of the proposed project shall be reduced so as not to exceed 26,014 square feet. Proposed Zone Change Amendment The existing church site is currently zoned RSC-H. Although church uses are permitted within the RSC-H District, subject to the approval of a use permit, the most appropriate zoning in order to be consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan is GEIF. Therefore, staff has included a proposal to rezone the church site from the RSC-H District to the GEIF District. Under the new zoning classification, the church would.still be subject to the approval of a use permit However, the GEIF District does not include a specific, allowable gross floor area; therefore, it is necessary to designate the allowable base Floor Area Ratio on the Districting Map. In light of the previous discussion which supports the transfer of development rights and the approval of a variance in order for the applicant to achieve the desired Floor Area Ratio of 1.0, staff suggests that a flexible FAR of GEIF [0.5/.75] be established for the site on the Districting Map. Such a change would be consistent with the allowable Floor Area Ratios of surrounding commercial properties. Off -Street Parkins Requirement In accordance with Section 20.30.035 of the Municipal Code, churches are required to provide one parking space for each three seats in the principal area of worship. Inasmuch as the existing church was constructed at a time when there was no off-street parking requirement for churches, it is considered to be pre-existing nonconforming relative to the off-street parldng requirement. historically, the church has not provided any off-street parking; however, in the last few years, the church has purchased the old Bank of Newport site which currently provides 50 off -site parldng spaces. In light of the fact that the off-street parking requirement is connected to the number of seats in the sanctuary, and that the proposed project will be constructed in two phases spanning sir to eight years, the required and proposed parking has been considered separately for each phase of the project. During Phase 1, the existing 225 seat sanctuary will remain and approximately 19,000 square feet of existing buildings used for classroom, offices and meeting rooms will be removed from the church site. Technically, during Phase 1, the church is not required to provide any off-street parldng inasmuch as the pre-existing nonconforming sanctuary will remain; however, the church will continue to provide 50 parking spaces in the off -site parking lot. In addition to their own off -site parking, the Church also obtained the City Council's approval of a Reciprocal Parking Licenses Agreement on March 27, 1995 which will allow a shared parking TO: Planting Commission - 8. arrangement between the City and the church. Under the term of the sgreement, the church will be allowed to use 25 parking spaces on Saturdays and 45 parking spaces on Sundays and City Holidays, within the City Hall parking areas shown on Exhibit "A" to the attached Reciprocal Parking Iacame. The hours of use for such parking will be from 7:00 am. to 6:00 p.m. In exchange for such pairing, the church agreed to allow the City to use 50 percent of the parking spaces located in the off -site parking lot owned by the church between the hours of 7.00 am and 6:00 p.m. Monday through Friday. Based on the above figures staff has prepared the following table which sets forth the proposed Phase 1 parking for the church. Church Off -Site Parking Location City Hall Off -Site Parking Location Total Monde - Friday Saturday - Sunda & Holidays Day bright Day Nikht 25 0 50 0 50 45 50 45 25 50 95 95 As indicated in the above table, 95 parking spaces will be available to the church on Sunday mornings which is their highest parking demand, If the existing church were built today, it would have a parking requirement of 75 spaces, based upon one pairing space for each 3 seats in the 225 seat sanctuary. Therefore, the proposed Phase 1 parking exceeds that which would be required by the Municipal Code on Sunday mornings. Inasmuch as Phase 2 of the proposed project represents a total reconstruction of the church sanctuary, the applicant will be required to meet the current off-street pairing requirement for the new sanctuary. Based on the puking formula of one parking space for each three MeaW, the 375 seat sanctuary will require 125 pairing spaces'. In order to satisfy this requirement, the applicant is proposing to remove the old bank building from the church owned off -site parking area and redesign and expand the parking lot to provide 80 parking spaces, Along with the 45 parking spaces provided in conjunction with the reciprocal parking agreement with the City, a total of 125 pairing spaces will be provided. The following table sets forth the Phase 2 parking for the project. Church Off -Site Parking Location CityHAOff-S$eparkingl=stion Total Monde - Friday Saturday - Sunday&Holidays Day Night Day bright 40 0 80 0 80 45 80 45 40 80 12S 125 It is also noted that the applicant is requesting approval of a modification to the Zoning Code so as to allow four of the proposed parking spaces included in the Phase 2 design of the church owned off -site parking area to be tandem parking spaces. Staff has no objections to such a proposal inasmuch as the tandem spaces will be used by church staff who typically arrive and leave the church facility before the r The ftont rhea of the attached phm incorrectly dndicata that the required oft-Weet p aldng for the ch=h is 90 pairing spaces. TO: Planning Commission - 9. parishioners. The City Traffic Engineer has no objections to the tandem spaces provided that they are marked for staff parking only. Lot Line Adjustment The subject property is currently comprised of five legal lots or portions of lots. In accordance with the provisions of Section 20.87.090 of the Municipal Code, when a building site is comprised of more than one parcel or lot and such building site has or intends to have a building cross over an existing parcel or lot line, it is required that prior to the issuance of building permits, said parcels or lots must be combined into a single parcel. In order to accomplish this, the applicant is requesting approval of a lot line adjustment so as to combine the five lots into a single parcel of land. Staff has no objections. Conclusions and Specific Findings Section 20.80.060 of the Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Section 20.82.0201) of the Municipal Code requires specific findings be made in order to approve a variance to allow a Maximum FAR use to exceed the Base Development Allocation. In the same regard, Section 20.07.070 of the Municipal Code requires specific findings be made in order to allow the transfer of development intensity from one sit to another. The adoption and amendment to the General Plan is considered a legislative act on the part of the City, and State Planning Law does not set forth any required findings for either approval or denial of a General Plan Amendment. This also applies to amendments to the Local Coastal Program and Zoning Ordinance. Should the Planning Commission desire to approve this proposal, the findings, conditions and suggested actions set forth in the attached Exhibit ' A' are recommended. Staff has not included an exhibit for denial of the subject applications inasmuch as we are unable to determine sufficient findings for denial. However, the possibility remains that information may be provided at the public hearing which may provide adequate basis for denial of the project should the Planning Commission wish to take such an action. PLANNING DEPARTMENT James D. Hewicker, Director By lr�►�4 -Y--� W. William ward Senior Planner TO: Planning Commission -10. Attachments: Exhibit "A" Vicinity Map Negative Declaration Resolution No. _,._, for General Plan Amendment No. 88-2(E) Resolution No. _.._ for Local Coastal Program Amendment No. 36 Resolution No. _, for Amendment No. 818 Reciprocal Parking License Agreement between, St. James Church and the City Site Plan, Floor Plans and Elevations TO: Planning Commission -11. E)=IT "A" FINDINGS AND CONDITIONS AND ACTIONS FOR APPROVAL OF GENERAL PLAN AMENDMENT NO 88-2(E), LOCAL COASTAL PROGRAM AMENDMENT NO.36, AMENDMENT NO.818, USE PERMIT NO.3549, VARIANCE NO. 1204, LOT LINE ADJUSTMENT NO.95-2 AND RELATED ENVIRONMENTAL DOCUMENT A ENVIRONMENTAL DOCUMENT Findings: 1. That the contents ofthe environmental document have been considered in the various decisions on this project. 2. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. 3. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto and that if the mitigation measures are incorporated into the project, it will not have the potential to significantly degrade the quality of the environment. 4. That no cumulative impacts are anticipated in connection with this project. 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. 6. That the findings made in regard to the Environmental Document described above also apply to the action taken on Use Permit No. 3549 and Variance No. 1204. Mitigation Measures: Prior to issuance of a building permit for any expansion, a General Plan Amendment and a Local Coastal Program, Land Use Plan Amendment shall be approved by the City of Newport Beach and the California Coastal Commission, redesignating the former Assistance League portion of the property for Governmental, Educational and Institutional Facilities. 2. Prior to issuance of a grading or building permit the applicant shall demonstrate to the Planning and Building Departments that all appropriate structural and non-structural best management practices will be incorporated into the project as required by the National Pollutant Discharge Elimination System (NPDES) Drainage Area Management Plan. TO: Planning Commission -12. 3. Prior to the issuance of a building permit for the planter wall, a landscape plan for the planter wall shall be submitted for the review and approval of the Planning Department. This landscape plan shall incorporate both upright and cascading landscape elements to soften the visual presence of the wall. The landscaping shall be installed in conformance with the approved plan prior to the building permit being finaled. 4. Prior to the issuance of any building permit, the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a rnanmer as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requiremeant has been satisfied 7qilMIz 1-:1ZI• I—I4 • !' Adopt Resolution No. (attached) recommending to the City Council the adoption of General Plan Amendment No. 88 2(E), amending the band Use Element of the Newport Beach General Plan so as to redesignate the easterly 114 feet of Lot 6, Tract No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. WMEWMWOM IF61 R 9 ' •. ;._u VUIQJ0 ulna • Adopt Resolution No.. (attached) recommending to the City Council the adoption of Local Coastal Program Amendment No. 36, amending the Land Use Plan of the Newport Beach Local Coastal Program so as to redesignate the easterly 114 feet of Lot 6, Tract No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and lnstitutional Facilities" use. s . u��l►J• un�l�l ► • Adopt Resolution No _ (attached) recommending to the City Council the approval of Arnendntent No. 818, amending a portion of Districting Map No. 4 so as to reclassify the easterly 114 feet of Lot 6, Tract No.1117 and Lots 1197-1200, Tract No. 907 from the RSG H District to the GEIF [0.5/.75] District. MINIMPWO-Mv ►• 1. That the existing and proposed facility is consistent with the Land Use Element of the General Plan, the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses, 2. That adequate parking is proposed within the off -site parking areas for both phases of the proposed development on the subject property. 3. That the proposed development will not have any signidieatt environmental impact. TO: Planning Commission -13. 4. That the off -site parking areas are located so as to be useful in conjunction with the church use. 5. That the proposed off -site parking will not create undue traffic hazards in the surrounding area 6. That one of the off -site parking areas is owned by the church and the other is approved for the church's use in accordance with the terms of an approved off -site parking license agreement with the City. 7. That the proposed bell tower and eight foot high cross, which are in excess of 35 feet in height, are in keeping with the architecture of the church and the surrounding area, and will not obstruct any public or private view to the ocean or bay. 8. The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. 9. The transfer of development intensity will result in a net benefit to the aesthetics of the area. 10 The increased development on the site does not create abrupt changes in scale between the proposed development and development in the surrounding area. 11. The proposed uses and structures are compatible with the surrounding area. 12. The increased development on the increased site will not result in significant impairment of public views. 13. The increased site is physically suitable for the development proposed taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. 14. The transfer of development intensity will not result in a net negative impact on the circulation system. 15. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. 16. The proposed uses and physical improvements are such that the approved projects would not readily lend themselves to conversion to higher traffic generating uses. 17. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 18. That public improvements may be required of a developer per Section 20.80.060 & 20.82.050 of the MunicipalCode. TO: Planning Commission -14. 19. That the application of the building bulk provisions contained in Chapter 20.07 of the Municipal Code to the design of the proposed sanctuary is inappropriate inasmuch as said provisions were not established with churches in mind and further, that the unique architectural style of churches are distinctly different from the typical commercial building. 20. The approval of Use Permit No. 3549 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general, welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further, that the modification to the Zoning Code so as to allow a portion of the parking spaces within the church owned off -site parking area to be tandem spaces willnot be detrimental to surrounding properties and is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3. That the design of the parking lot shall conform with the City's standards and further, that the parking, vehicular circulation and pedestrian circulation systems for the project shall be subject to further review by the City Traffic Engineer. 4. That all of the church staff shall park in one of the approved off -site parking areas at all times, and the four tandem parking spaces located in the church owned parking area shall be marked for staff parking only. 5. That the required number of handicapped parking spaces shall be designated within the church owned off -site panting area end shall be used solely for handicapped self -perking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space, 6. That the applicant shall comply with all tams and provisions of the reciprocal parting license agreement approved by the City Council at its meeting of March 27, 1995 so as to allow the church the use of 45 parking spaces within the City Hall parking area on Saturdays, Sundays and holidays, from 7:00 a.m. to 6:00 p.m. 7. That a minimum of 50 parking spaces shall be provided in the church owned of --site parking area during Phase 1 of the proposed project. At the completion of Phase 2 of the project, a minimum ofso parking spaces shall be provided in said parking area 8. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with each phase of the project. Prior to occupancy, a licensed landscape architect shall certify to the TO: Planning Commission -15. Planning Department that the landscaping has been installed in accordance with the approved plan. 9. That the lighting system for the proposed project, including the off -site parking area, shall be designed in a manner so as to conceal the light source and minimize light and glare to the nearby residential properties. The lighting plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the Engineer stating that, in his opinion, this requirement has been met. 10. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the operation of the church. 11. That the gross floor area of the proposed project shall not exceed 26,014 square feet and further, the building bulk provisions contained in Chapter 20.07 of the Municipal Code shall not be applied to the proposed sanctuary. 12. That the applicant shall obtain Coastal Commission approval of the proposed project prior to the issuance of building permits. 13. That all conditions of approval for Variance No. 1204 and Newport Beach Lot Line Adjustment No. 95-2 shall be fulfilled. 14. That the applicant shall prepare a complete soil and geologic investigation report which shall include a liquefaction analysis. 15. That the applicant shall provide an additional fire hydrant to service the property, the location of which will be determined by the Fire Department. 16. The project shall be equipped with a fire alarm system and an automatic fire sprinkler system. 17. That a Lot Line Adjustment be recorded prior to issuance of any Building Permits unless otherwise approved by the Public Works and Planning Departments. 18. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record the Lot Line Adjustment or obtain a building permit prior to completion of the public improvements. 19. That the proposed structure be set back along the 32nd Street frontage so that it does not encroach into the 4 foot wide utility easement located adjacent to and contiguous with the 32nd Street right-of-way. The utility easement presently contains a 6" water main. That an Encroachment Agreement be executed by the owner for any planters or other encroachments into the easement and that all encroachments be reviewed and approved by the Public Works Department and that there shall be no trees planted within the easement area. TO: Planning Commission -16. 20. That each building be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Utilities Department. 21. That the intersection of the parking lot drives, the alley and Lafayette Avenue be designed to provide sight distance for a speed of 25 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 22. That if it is desired to have a control gate at the parking lot entrances, the design shall be reviewed and approved by the Public Works Department and Fire Department. 23 That a 5 foot corner cutoff at the northwesterly corner of 32nd Street and Lafayette Avenue be dedicated to the public. 24. That cracked or displaced sections of sidewalk caused by trees planted on private property along the 32nd, Lafayette Avenue and Via Malaga frontages be reconstructed along the church and the parking lot frontages; that the unused drive approach on Via Malaga be removed and replaced with curb gutter and sidewalk; that curb access ramps be constructed at the corner of 32nd Street and Lafayette Avenue; that the unused parking lot drive approach on 32nd Street be removed and replaced with curb, gutter and sidewalk and that the unused portion of the drive approach on 31st Street be removed and replaced with curb, gutter and sidewalk. That all work be completed under an encroachment permit issued by the Public Works Department. 25. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department, 26. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 29. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 28. That 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. TO: Planning Commission -17. 29. That this Use Permit shall expire unless Phase 1 of the proposed construction is exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. F. VARIANCE NO. 1204 Findings: 1. That it has been demonstrated that the traffic to be generated by the proposed church will not exceed that which would be generated if a use generating 60 trip ends per 1,000 sq. ft. per day and 3 trip ends per 1,000 sq.ft. at peak hour, were developed at a floor area ratio of 0.5. Traffic generation shall be determined in accordance with City Council Policy S-1. 2. That the projections of traffic to be generated utilize standard traffic generation rates generally applied to a use ofthe type proposed per City Council Policy S-1. 3. That the church sanctuary will be restricted to the gross floor area and the number of seats in the sanctuary upon which the traffic equivalency was based. 4. That the proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 5. That the increased development does not create abrupt changes in scale between the proposed development and development in the surrounding area. 6. That the proposed use and structures, are compatible with the surrounding area. 7. That the increased development will not result in significant impairment of public views. 8. That the site is physically suitable for the development proposed taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. Condition: That all conditions of approval for Use Permit No. 3549 and Newport Beach Lot Line Adjustment No. 95-2 shall be fulfilled. G. NEWPORT BEACH LOT LINE ADJUSTMENT NO, 95-2 Findings: That the project site described in the proposal consists of legal parcels. 2. That no additional parcels will result from the lot he adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. TO: Planning Commission -18. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan and the Local Coastal Program Land Use Plan. 5. The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities. 1. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership shall be submitted to the Public Works Department for review. 2. Upon approval of the lot line adjustment, the lot line adjustment shall be submitted to the Public Works Department for checking. 3. The lot line adjustment and grant deeds shall be filed concurrently with the County Recorder and County Assessors Offices. 4. That the approval of the Coastal Commission shall be obtained prior to the issuance of a building permit. INN!< et�1 •ss•Te OF FEEF � Toe .w ioD ero YICIOIT%r MAP �sri 2KIN6 `� "0 MAN Lb. 6 DISTRICTING MAP IMPORT BEACH - CALIFORNIA AGRICULTURAL OES40ENTAL R-i MVI.TIPLE RESIOENTIAL SINGLE FAMILY RESIDENTIAL C-1 LIGHT COMMERCIAL DUPLEX RESIDENTIAL C—I GENERAL COMMERCIAL RESTit MULTIPLE EALGLY RESIDENTAL __M-1 MANUFACTURING jf r M CNN16G • NORTH To o1P NENI'aRT EWO. IG 090. NO SAM DEC. moue GEINERAL RAW Amavuetir Ulpz&), WCAL COASTAL PRORAM AMENDMEW Wee 361 Amp Wo V 1SU", V 12C4 AMP �q W LLA • CITY OF NE"ORT BEACH �, ® 3300 Newport Boulevard • P.O. Box 1768 G;;•.:2 u 71995 Ne92658-0915 (714) 644.322S 6JtBYl.MU, l;ourdyclerk NEGATIVE DECLARATION Office of Flaming and Research Fxlx 1400 Tenth Stree4 Room 121 Sacramento, CA 95814 County Clerk, county of Orange %X Public Services Division P.O. Box 838 Santa Ana, CA 92702 83295 From; City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1769 Newport Beach, CA 92658.8915 (Orange County) Date received for filling at OPR/Couoty perk: Publicreviewperiod march d April to 995 Name of Project: St. James Episcopal Church (GPA 88--2 [El , LCP 36, UP 35491 V 1204, Project Location.• 3209 Via Lido, Newport Beach Expansion of an existing church facility including a 375-seat Project Description: sanctuary with tower and cross 58 feet high, chapel, parish hall an related kitchen, offices, classrooms and administrative facilities. Finding: Pursuant to the prOViSIOAS Of City Council Policy K-3 pertaining to procedures and guidelines to implement the California Environmental Quality Ad, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the initial Study containing the analysis supporting this fmd'mg is�(attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental Impacts. This document will be considered by the decision -makers) prior to final action on the proposed project. If a public hearing will be held to consider this project, a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed protect maybe available for public review. If you would like to examine these materials, you are invited to contact the undersigned. Ifyouwish to appeal the appropriateness oradequacy of this document,your commentssbouldbesubmitted to writing prior to the close of the public review period. Your comments should specifiallyidentdywhat environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these Impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the apptopriateocss of this document. If you have any qua or would like furthet information, please contact the unndersignped at (714) 644.32n. FILED Date John . D glw%Al Envir tal Coot for MAR 0 7 1995 Rc%ixd eY DEPUTY NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of St. James Eniscopal Church for General Plan Amendment No. 88-2(E): Local Coastal Program Amendment No 36 Use Permit No 3549• Variance No.1204; and Lot Line Adjustment No. 94- 18 on property located at 3209 Via Lido. Request to amend the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan so as 11 tJllIV UVA A« auvwuw .- church facie including a 375 seat sanctuary a small chapel a parish hall with related ldtchen, administrative offices h'braU and classrooms a use Remit to allow the transfer of development nehts to the church site, from property located on the southwesterly comer of 32nd Street and Lafayette Avenue: the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height; the approval of a variance to allow NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the 6th day of April 1995, at the hour of 7:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Garold Adams, Secretary, Planning Commission, City ofNewport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. b-ZvApn1a0549pndoo Z 1. 2. 3. 4. 6. 6. 8. ENVIRONMENTAL CHECKLIST FORM Project Title: St. James Episcopal Church 8 32 9 5 Lead Agency Name and Address: CCity ity of Newpoport rt Desch P.O. Box 1768 Newport Beach, CA 92658-8915 Contact Person and Phone Number. Bill ward (714) 644-3200 Project Location: 3209 Via Lido Newport Beach, CA 92663 Project Sponsor's Name and Address: St. JamesLEpiscopal Church 3209 ViaNewport Beachs CA 92663 General Plan Designation: 7. Zoning: RSC-H Covernmental, Educational & Institutional Facilities & Retail & Service Commerciz Description of Project: (Describe the whole action involved, Including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. The phased construction of a new church facility including a 375 seat sanctuary, a small chapels a parish hall with related kitchen) administrative officess library and classrooms; a church tower and 8 foot cross which exceeds the 35 foot height limit; an off -site parking arrangement; and a lot line adjustment to combine 5 existing parcels 1 parcel. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) The project is located in the Via Lido/City Hall area of the cityj properties the head of the Balboa Peninsula. The site is surrounded by pro p developed with retail, office and church uses. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) California Coastal Commission li',AR f:71995 W. GRAN012, Comps Clerk BY- DITIM FILED MAR 0 7 1995 OARY L ORAR CF, Cbrk-A"* gp DEPUTY 1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Population & Housing ❑ Geological Problems ❑ Water ❑ Transportalioni Circulation ❑ Biological Resources ❑ Energy & Mineral Resources ❑ Hazards ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the ❑ environment, and ENVIRONMENTAL IMPACT REPORT is required. 1 find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain ❑ to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 13 Si na re Printed Name al� EVALUATION OF ENVIRONMENTAL IMPACTS: I. LAND USE AND PLANNING. Would the proposal: . a) Conflict with general plan designa- tion or zoning? (source#($): ) b) Conflict with applicable environ- mental plans or policies adopted by agen- cies with jurisdiction over the project? c) se incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources. or operations (e.g. impacts to soils or farmlands, or Impacts from incompatible land uses)? ( ) e) Disrupt or divide the physical arrangement of an established community (Including a low-income or minority community)? ( ) it. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) pa"daty svvol�" less tlien Slpnrnant No piped ixorpaated Impact krfad ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Ill, GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential Impacts Involving; a) fault rupture? ( ) b) 'Selsm►cground shaWng ( ) c) Seismic ground failure, including liquefaction? ( ) d) setche, tsunaml, or volcanic hazard? ( ) e) Landslides ormud0ows? ( ) t) Erosion, changes in topography or un- stable soil conditions from excavation, grading, or rill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? ( ) 4 Unique geologic or physical features? ( ) IV. WATER. Would the proposal result In; a) Changes In absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) c) Discharge Into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbid - KY)? ( ) d) Changes In the amount of surface water In any water body? ( ) e) Changes in currents, or the course or direction of water movements? ( ) 0 Change In the quantity of ground waters, either through direct additions or withdrawals, or through Interception of an aquifer by arts or excavations or through substantial toss of groundwater recharge capability? ( ) Pc(wuw Porrdaly s " S�IpnMf m No $k lmcporOod knPW W"d ❑ C) ® 13 (3 (3 19 ❑ ❑ ❑ IM ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ 0 ❑ ❑ 159 ❑ ❑ ❑ I3 ❑ 13 ❑ 13 ❑ ❑ ❑ a ❑ ❑ 13 13 ❑ ❑ M ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ 13 ❑ ❑ ❑ ❑ ❑ Pawftly S Urieu Lis UAn ant No kr Impact kneed Aflered directlon or rate of flow of ❑ ❑ ❑ groundwater? ( ) h. Impacts to groundwater quality? ( ) ❑ ❑ ❑ D Substarrtial reduction In the amount of ❑ ❑ ❑ to groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: I a) Violate any air quality standard or ❑ ❑ ❑ contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to ❑ ❑ ❑ IN pollutants? ( ) c) Alter air movement, moisture, or temp. ❑ ❑ ❑ erature, or cause any change in climate? d) Create objectionable odors? ( ) ❑ ❑ ❑ d VI. TRANSPORTATIMCIRCULATION. Would the proposal result in impacts to: a) increased vehicle trips or traffic ❑ ❑ ® ❑ congestion? ( ) b) Hazards to safety from design features ❑ ❑ ❑ (e.g. sharp curves or dangerous intersections) or imcompatible uses (e.g. farm equipment? ( ) c) Inadequate emergency access or ❑ ❑ ❑ access to nearby uses? ( ) d) Insufficient parking capacity on -site or ❑ ® ❑ ❑ off -she? ( ) e) Hazards or barriers for pedestrians or ❑ ❑ ❑ 19 bicyclists? ( ) f) Conflicts with adopted policies ❑ ❑ ❑ 19 supporting aflemative transportation (e.g. bus turnouts, bicycle racks)? ( ) g) Rail, waterbome or air traffic impacts? ❑ ❑ ❑ () n �I 6 Pd�ddr SiNr rt 3 9Acwt No lnpd lnoayon(w InpId M+pKA VII. BIOLOGICAL RESOURCES. Would the proposal result in Impacts to: a) Endangered, threatened or fare species ❑ ❑ ❑ or their habitats Qncluding W not limited plants, fish, insects, animals, and birds)? b) Locally designated species (e.g. ❑ ❑ b heritage trees)? ( ) c) Locally designated natural ❑ ❑ ❑ f8) communities (e.g. oak forest coastal habitat, etc.)? ( ) d) Welland habitat (e.g, marsh, riparian ❑ ❑ ❑ and vernal pooh? ( ) e) Wildlife dispersal or migration ❑ ❑ ❑ corridors? ( ) Vill. ENERGY & MINERAL RESOURCES Would the proposal: a) Conflict with adopted energy conserve- O ❑ ❑ Lion plans? ( ) b) Use non-renewable resources in a ❑ ❑ ❑ wasteful and inefficient manner? ( ) c) Result in the loss of availability of a ❑ ❑ ❑ (>� known mineral resource that would be of future value to the region and the residents of the stale? ( ) DL HAZARDS. Would the proposal involve: a) A risk of accidental explosion or ❑ ❑ ❑ release of hazardous substances pncluding, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible Interference with an ❑ ❑ ❑ emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or ❑ ❑ ❑ potential health hazard? ( )g d) Exposure of people to existing sources ❑ ❑ ❑ of potential health hazards? ( ) 7 e) Development on or near a listed hazardous waste site pursuant to Govt. Code Sea 65962.5? ( ) t) Increased fire hazard in areas with flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal resuft In: a) increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) c) Schools? ( ) d) Maintenance of public facilities, including roads? ( ) e) Other governmental services? ( ) XII. UTILITIES 5 SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial aRerations to the following utilities? a) Power or natural gas? ( ) b) Communications systems? ( ) c) Local or regional water treatment or distribution facilities? ( ) d) Sewer or septic tanks? ( ) e) Storm water drainage? ( ) f) Solid waste disposal? ( ) g) Local or regional water supplies?( ) PdM43+y Poweaky Less than No kTact 1rPxP0nteC knpad ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ 9 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 12 O 13 O Ll o ❑ ❑ 13 ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 13 ❑ O ❑ ❑ �� 0 Xlll, AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ( ) b) Have a demonstrable negative aesthetic effect? ( ) c) Create light or glare? ( ) d) Affect a coastal bluff? ( ) XIV, CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) b) Disturb archaeological resources? ( ) c) Affect historical resources? ( ) d) Have the potential to cause a ph7slcal change which would affect unique . V.nic or cultural values? ( ) e) Restrict existing religious or sacred uses within the potential Impact area? ( ) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? ( ) XVI, MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a IM or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Important examples of the major period of Calffomle history or prehistory? P*t bdr fl=Pd�M1n►r nest ern s No 1 IrcaPoMd kid W"d ❑ ❑ ❑ M 13 M ❑ ❑ ❑ ❑ m ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ C�J ❑ ❑ ❑ ❑ d ❑ 13 ❑ 13 ❑ ❑ ❑ ❑ ❑ 13 ❑ ❑ ❑ to ❑ ❑ ❑ [J pn•'•al = 0 J b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goats? c) Does the project have impacts that are Individually limited, but cumulatively considerable? ('Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. poler&ly sigNr=d knpact 13 13 paer'f3ary Signifkant Untesa Lest than lr=rporaled krpact knpad IN ❑C X U 0 N Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed In an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Eadier analyses used. Identify earlier analyses and slate where they are available for review. b) Impacts edegualely addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitioation measures. For effects that are `Less than Significant with Mitigation Incorporated; describe the mitigation measures which were incorporated or refined from the eadier document and the extent to which they address site -specific conditions for the project. (.%WWPlanningV M\OW\ElR FORM 3� 10 ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS St, James Church Expansion General Plan Amendment 88-2(E) Local Coastal Program Amendment No. 36 Use Permit No. 3549 Variance No. 1204 Lot Line Adjustment No. 94.18 Project Descrintion The proposed project, if approved, will allow for the phased construction of a new church facility including a 395 seat sanctuary (with church tower and cross at a height of 58 feet), a small chapel, and a parish hall with related kitchen, administrative offices, library and classrooms. The applications under consideration are an amendment to the General Plan Land Use Element and the Local Coastal Program, Land Use Plan to redesignate the property from Retail and Service Commercial to Guvernmental, Educational, mid Institutional Facilities, a Use Permit to allow the church, allow the transfer of development rights to the church site from the site at the corner of 32nd Street and Lafayette Avenue, and to allow the church tower and cross to exceed a height of 35 feet; a Variance to allow the proposed use to exceed a Floor Area Ratio of 0.5; and a Lot Line Adjustment to combine 5 lots into a single parcel. This proposal includes the review and approval of conceptual site plans, floor plans and elevations. Prior to the issuance of building permits, the constructions plans will be reviewed for substantial conformance with these plans, if approved, as may be modified with adopted mitigation measures and conditions of approval adopted by the City of Newport Beach. Annl si I. Land Use and Planning Potential Impacts The site is located in the City Hall commercial area. The site is comprised of the original church facility area and the former Assistance League of Newport Beach property. The portion of the site occupied by the original church facilities is designated for Governmental, Edrlcational and Institutional Facilities (GEIF), while the former Assistance League site is designated for Retail and Service Commercial use. Amendments to the General Plan Land Use Element and Local Coastal Program, Land Use Plan are proposed to change the land use designation of the Assistance League portion of the property to the GEIF category. The proposed land use is fundamentally the same as the existing land use, since the entire site is currently used for church and related support uses. The project, if implemented, will allow for the expansion and updating of the facilities. Uses in the vicinity of the project include other church facilities, offices, retail stores, restaurants and residential. Residential uses are located across Via is irons l Ar,hy a ch cklist Whwikm 1:L 31. Jura Church EV&raiw Lido and in the high-rise 601 Lido Park Drive building. No land use conflicts are currently experienced in the neighborhood, nor are any new conflicts anticipated as a result of project implementation. The proposed amendments to the General Plan Land Use Element and the Local Coastal Program, Land Use Plan will eliminate any conflicts with these documents. The project is located in the Coastal Zone, and a Coastal Development Permit is also required. The project site is not in an agricultural area and no agricultural resources will be affected by the project. The project site is contained within a single city block, and will not change the physical arrangement of community, nor affect any low income or minority community. Mitigation Since the proposed project is inconsistent with the existing General Plan Land Use Element and the Local Coastal Program, Land Use Plan, the following mitigation measure is required: Prior to issuance of a building permit for any expansion, a General Plan Amendment and a Local Coastal Program, Land Use Plan Amendment shall be approved by the City of Newport Beach and the California Coastal Commission, redesignating the former Assistance League portion of the property for Governmental, Educational and Institutional Facilities. Level of Significance Compliance with the required mitigation measure will eliminate any significant impacts. H. Population and Housing Potential impacts The proposed project is not residential, and will have no affect on regional or local population projects, which are based on dwelling unit counts. No secondary growth in population will occur, since the church will not add any employees as a result of the facility expansion. The project will not displace any existing housing, since the project site is currently used as a church. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated. i Environ=W Amly:is Checklist ExTIar Iiom SL Js church EV=ion S e L� III Geologic Problems Potential Impacts The project site is currently developed as a church. All of the existing facilities will be demolished and reconstructed. Therefore, ground disturbance, and potentially excavation and grading, will occur. There are no known active faults or areas of surface rupture within the site boundaries. However, the site is located in the Newport -Inglewood Fault Zone, and numerous additional faults underlie the Southern California region, Therefore, the project would be subject to groundshaking during earthquakes, and potentially to surface rupture if a significant event occurred in close proximity to the site. The exposure of this site, however, is considered to be of no greater level of hazard than other sites in the vicinity, or the harbor area of Orange County generally. The site is located in an area which is potentially subject to liquefaction and is, therefore, subject to seismically induced ground failure, Given the site's proximity to both Newport Bay (an enclosed body of water) and the Pacific Ocean, the site could be subject to seiche or tsunami. The exposure of this site, however, is considered to be of no greater level of hazard than other sites in the vicinity, or the harbor area of Orange County generally. There are no known volcanoes in the Southern California area, so there no potential impact from this hazard. The site is completely flat and in an urbanized area. Therefore, no impacts are anticipated as a result of landslides, mudflows, erosion, changes in topography or unstable soil conditions from excavation, grading or fill. The site is not in an area identified for potential ground subsidence or expansive soils, so no impacts are anticipated from these hazards. The site is flat and currently completely developed, with no unique geologic or physical features. ii a' The City Excavation and Grading Code (NBMC Sec. 15.04.140) contains requirements for geotechnical evaluation and erosion control methods to ensure that any future grading is done in such a manner as to minimize the potential for erosion or unstable conditions, Compliance with Building Code structural requirements would ensure that buildings are designed to withstand expected levels of groundshaking during earthquakes. No additional mitigation is required. Ian" Omit Exp"im rnviramun ntiCh iru aicna FaVnanai" St xe1 Level of Significance Compliance with the requirements of the Excavation and Grading Code and Building Code would reduce potential impacts below the level of significance. IV. Water Potential Facts While old buildings will be demolished and reconstructed, the actual use of both the church facility area and the parking areas will not be different from the current use upon completion of the proposed project. Therefore, there will be no changes in absorption rates, drainage patterns, or the rate and amount of surface runoff. The project site is in close proximity to both Newport Bay and the Pacific Ocean. Therefore, there is some risk of exposure of people and property to flooding. The exposure of this site, however, is considered to be of no greater level of hazard than other sites in the vicinity, or the harbor area of Orange County generally. During construction of the proposed project, there is some potential for impacts to water quality including soil erosion, spillage or leakage of fuel or oil from construction equipment. and construction debris, which could be washed into the ocean or Newport Bay via the storm drain system. After completion of the project, pollutants from parking areas (such as coolant, oil and grease drippings), and fertilizers and pesticides from landscaped areas could be washed into surface waters. The later impact, would be substantially the same as from the existing development, so no additional impacts are anticipated. The project is a small, in -fill development in an urbanized area, and does not involve the discharge of water as a result of the land use. Therefore, there are no impacts anticipated from changes in the amount of surface water in any water body; changes in the currents, or the course of direction of water movement; change in the quantity of ground water; alteration of the direction or rate of flow of ground water; change to ground water quality; or the reduction of the amount of groundwater available for public water supplies. Mitigation All grading activities are required to comply with the erosion control provisions of the City's Excavation and Grading Code (NBMC Sec. 15.04.140). In addition, the following mitigation measure is recommended. 2. Prior to issuance of a grading or building permit the applicant shall demonstrate to the Plmming and Building departments that all appropriate stuuctural card Iron -structural best mmiagement practices will be incorporated into the project as required by the National Pollutant Discharge Elimination System (NPDES) Drainage Area Management Plan. 4 Enriromnrntal Analysis Checkliri Explanation SL lama Church Expansion Level of Si 'tg� ficance The requirements of the Excavation and Grading Code and the recommended mitigation measure would minimize pollutant tunoffand would reduce potential impacts below -the level of significance, V. Air Quality Potential Imoaets The size of the project does not exceed the threshold of potential significance established by the South Coast Air Quality Management District. Additionally, the character and nature of the land will not result in any discharge into the air other than typical venting of buildings and occasional food preparation activities. Therefore, the project will not violate any air quality standard, contribute to an air quality violation; expose sensitive receptors to pollutants; alter air movement, moisture or temperature; cause any change in climate; or create objectionable odors. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated. VI. Transportation/Circulation Potential Impacts The overall floor area of the church facilities will increase by 6,328 sq.R. Using the traffic generation rates in the Newport Beach Traffic Model, this will result in an additional 158.2 daily trips from the new facility. The Newport Beach Traffic Phasing Ordinance established a significance threshold of 300 average daily trips before expanded traffic analysis is required. Therefore, no significant effects from increased is anticipated as a result of the new development. The project is the demolition and reconstruction of an existing land use. No changes to emergency access will occur. Parking for the project will be provided through a combination of an existing parking lot across 32nd Street from the church facility and other off -site parking available in the City Hall complex, An offsite parking agreement with the City of Newport Beach has been approved. Through this combined parking arrangement, the amount of parking required by the Newport Beach Municipal Code will be provided for the new development. Therefore, no impacts are anticipated in the area ofparking. FAviravnentel Arulytie Checktht Wwwrtiar SC Luna Church En uuim The project is the reconstruction of an existing facility. As a result, there will be no changes or impacts in the areas of hazards or barriers for pedestrians or bicyclists; conflicts with adopted policies supporting alternative transportation; or rail, waterborne, or air traffic impacts. Mitigation No mitigation is required. Level of significance No significant impacts are anticipated. VEL Biological Resources Potential Impacts The proposed project is the phased reconstruction of an existing facility in an urbanized area. Therefore, no impacts are anticipated on biological resources, including endangered, threatened, or rare species or their habitats; locally designated species or natural communities; wetland habitat; or the dispersion of wildlife and wild life corridors. Kith ation No mitigation is required. Level of significance No significant impacts are anticipated. VIIL Energy & Mineral Resources Potential Impacts The project is a small, in -fill redevelopment of an existing land use. Implementation of the project will not conflict with any adopted energy conservation plans; use non-renewable resources in a wasteful and inefficient manner; or result in the loss of known mineral resources of value to the region and the residents of the state. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated. 6 Etnisonnental Analysis Checklist Explanations St. Imes Church Expansion IX. Hazards Potential Impacts The proposed project is a church with related facilities located in a developed commercial area Surrounding land uses are light commercial and office uses, other church facilities, and residential. No hazardous materials will be associated with the project, nor are there any known sources of hazardous materials in the vicinity of the project. As a result, no potential impacts are anticipated from accidental explosion or release of hazardous substances; interference with an emergency response plan; the creation of any health hazard or potential health hazard; the exposure of people to existing sources of potential health hazards; the development on or near a listed hazardous waste site; or increased fire hazard In areas with flammable brush, grass, or trees. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated. X. Noise Potential Tmpacts The project will generate increased noise levels during demolition and construction activities. Since the use will be substantially the same after implementation of the project, no changes to the ambient noise levels are expected in the vicinity of the project after completion. Any construction activity would be required to comply with the noise limitations in the Citys Noise Ordinance (NBMC Chapter 10.28) and would be restricted to the hours of 7:00 a.m. to 6:30 p.m. weekdays and 8:00 a.m. to 6:00 p.m. Saturdays. No construction that produces loud noise is permitted on Sundays or holidays. Nfitization The hours of construction operations established by the Noise Ordinance would substantially reduce potential impacts to noise -sensitive uses in the area during construction. No other mitigation measures are proposed. Level of Sig0came Existing restrictions on construction hours, combined with the temporary nature of construction noise, would reduce construction noise impacts below the level of significance. 7 Fig,;raron Amlys4 ChoWisl E*&MIi MJ)O SL JUM Church EVMiM XL Public Services Potential Impacts The proposed project is the phased demolition and reconstruction of an existing land use. No significant changes to the use of the property or the services provided on the property are anticipated. Therefore, no changes to the demand for public services will be needed in any of the following areas: fire protection, police protection, schools, maintenance of public facilities including roads, or other governmental services. ti ation No mitigation is required. Level of Significance No significant impacts are anticipated. xm Utilities & Service Systems Potential Impacts The proposed project is the phased demolition and reconstruction of an existing land use. No significant changes to the use of the property or the services provided on the property are anticipated. Therefore, no changes to the demand for utility services will be needed in any of the following areas: power or natural gas, communications systems, local or regional water treatment of distribution facilities, sewers, storm water drainage, solid waste disposal, or local or regional water supply. Mfi ag tion No mitigation is required. Level of Significance No significant impacts are anticipated. XDL Aesthetics While the proposed project is a phased demolition and reconstruction of an existing facility, the project floor area will increase by an estimated 6,328 sq.R., or a 32% increase. The proposed project will also change the visual presence of the facility through the addition of a 58 foot high church tower and cross with architectural lighting as well as the installation of a property line fencelplanter on the 32nd Street property line. In many places along the exterior property lines of the site, the existing buildings are either set back or are one story elements. The new project will 8 EaAmamwul Milysis ChxkMl Ezpla d= St. J=" church Expansion present greater visual mass, as well as place more prominent structures on or near the exterior property lines. In reviewing the site plan, the area of greatest concern is the visual aesthetics of the 32nd Street edge, since it is on a highly traveled local collector street and the project site is nearly 300 feet long on this side property line, This is the elevation which includes the dual fencelplanter, Unless appropriately softened by landscape elements, this wall could present a harsh edge to pedestrians traveling along 32nd Street, as well as motorists in the vicinity. The proposed project is not located on a scenic highway and is not located within a scenic vista. Therefore, no adverse effects are anticipate in these areas. The project may have an adverse negative aesthetic effect along the 32nd Street frontage as described above. The project will create new light from the proposed architectural lighting proposed for the new church tower. The project is not located on or near to any coastal bluffs, so no adverse effects are anticipated in this area. Mitigation Measures The potential aesthetic impact which may occur with the installation of the property line planter wall could be mitigated if both upright and cascading landscape elements are incorporated into the design. This would soften both the overall height of the wall as well as visual presence of the long, S foot high stucco wall located on the property line. The following mitigation measure would ensure reduction of this possible impact to a less than significant level: 3. Prior to the Issuane of a building permit for the planter wall, a landscape plan for the planter wall shall be submitted for the review and approval of the planning Depanfinent This landscape plan shall Incorporate both upright and cascading landscape elements to sof ten the visual presence of the wall. The landscaping shall be installed in conformance with the approved plan prior to the building permit being frnalled The following mitigation measure is recommended to insure a less than significant impact from any architectural lighting of the building proposed: 4. prior to the Issuance of aipp hu/Migpermilt the applicant shall demonstrate to the Building Department that the lighting system shall be designed directed and maintained in such a manner as to conceal the light source and to minlmIrt light Spillage and gl= to the adjacent residential usem The pkmshall be prepared a» d signed by a llcensedArchilect or Elecdical Engineer, with a letter from the Archliect or Engineer stating that, /it his or her optniot% this requirement has been satisfied s<rOnMctKfter.VMIQu , Level of Significance The recommended mitigation measure will ensure that potential adverse aesthetics effects are less than significant. IV. Cultural Resources Potential Impacts The project site is not located in an area where archeological or paleontological resources have been discovered in the past, and none are expected due to the developed nature of the site. Therefore the project is not anticipated to disturb any of these resources. The buildings, while old, are not of a unique nature or represent a historical resource. No impacts to historical resources would result from project implementation. As an already developed site, the project has no potential to affect unique ethnic or cultural values, The proposed project is a church and is the existing use of the property. The project will provide for the continuance of the existing religious and sacred use of the property. Mtigation No mitigation is required. Level of Significance No significant impacts are anticipated. XV. Recreation Potential Impacts The proposed project is not in a recreation area, and will not generate demand for recreational programs of facilities. The quality and quantity of recreational resources will, therefore, not be impacted by the project. tti atio No mitigation is required. Level of Significance No significant impacts are anticipated. I0 Environm ul Analysis ChwULA Expfmadons SL lames church Eapansion Mandatory Findings of Significance 1. On the basis of the foregoing analysis, and with the incorporation of the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 2. There are no long -tern environmental goals that would be compromised by the project 3. The project does not have any impacts which are considered cumulatively significant, nor will the specific impacts listed, on a cumulative basis, result in any unidentified or new impacts. 4. There are no known substantial adverse Affects on human beings that would be caused by the proposed project. PLi:„F.IWINDOWSIPLAMINOTATTY-I%DUSIST4I IS,DM SL lodes CkVA Ex Me" VICINITY MAP GPA 88 - 2 (E) o �✓ sT OA COVES HgNN pia F� TURNING BASIN mac. O SITE (� r STFEET N� N ' �e Q / City of Newport Beach Advance Planning February6,1996 ___ __.._ . ............... . Resolution No. — ARESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFNEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF GENERAL PLAN AMENDMENT 88-2(E) AMENDING THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN, SO AS TO REDESIGNATE THE EASTERLY 114 FEET OF LOT 6, TRACTNO. till FROM "RETAIL AND SERVICE COMMERCIAL" TO "GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES" USES WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, said element of the General Plan sets forth objectives, supporting policies and limitation► for development in the City ofNewpott Beach; and WHEREAS, said element of the General Plan designates the general distribution and general location and extent of the uses of land and building Intensities in a number of ways, including residential land use categories and population projections, commercial Door area limitations, and floor area ratio ordinance; and WHEREAS, the Land Use and Circulation Elements arc correlated as required by Californ a ptaniftlavr and WHEREAS, the provisions and policies of the Land Use and Circulation Elements arc further Implemented by the traffic analysis procedures of the Traffic Phasing Ordinar" and the Implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordnance; end WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Comudssion has held a public hearing to consider a certain ama iment to the Land Use Element of the Newport Beach General Plan; and WHEREAS, the proposed project is compatible with the surrounding land uses; and WHEREAS, the circulation system will not be signi6wntly impacted by the proposed Project; and WHEREAS, purse m to the California Environmental Quality Ad an nttial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment, therdbre a Negative Deciarationhas been prepared. I NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach that an amendment to the General Plan of the Newport Beach Municipal Code be recommended to the City Council for approval as follows: That the land use designation for the property located on the northerly side of 32nd Street between W a Way and via Lido, more particularly described as the easterly 114 feet of Lot 6, Tract No. 1117 shall be changed from "Retail and Service Commercial" to "Governmental, Educational and Institutional Facilities" uses. ADOPTED this -§j—b day of Aori1.1995. AYES NOES ABSENT Anne Gifford, Chairman Garold B. Adams, Secretary Resolution No. — ARESOLUTION OP THE PLAN141NO COMMISSION OF THE CITY OF NEWPORT BEACH RP.COMME MING TO THE CITY COUNCIL THE ADOPTION OF LOCAL COASTALPROGRAM AMENDMENT N0.36, AMENDING THE LOCAL COASTALPROGRAM LAND USE PLAN, SO AS TO REDESIGNATE THE EASTERLY 114 FEET OF LOT 6, TRACTNO.1117 FROM "RETAIL AND SERVICE COMMERCIAL" TO "GOVERNMENTAL, EDUCATIONAL AND ilsism tmoNAL PACII.ft1ES" USES WHEREAS, the Coastal Act of 1976 requires the City of Newport to prepare it local coastal program; and WHEREAS, as put of the development and implementation of the Coastal Act, it Local Coastal Program Land Use Plan has been prepared; and WHEREAS, said Land Use Plan sets forth objectives and supporting policies which serve as a guide for future development In coastal areas of the City ofNewport Beach; and WHEREAS, the Planning Commission has held a duly noticed public hearing to consider a certain amendment to the Lund Use Plan of the Newport Beach Local CoasW Program; and WHEREAS, pursuant to the Cslffomia EnvirotunnenW Quality Act an Initial Study bas been conducted to evaluate the potential envirommenW impacts of the proposed project. The Initial Study concluded that the project could not have a significant tired on the ardromnent, therelbre a Negative Declaration has been prepared. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission ofthe City of Newport Beach that all changes necessary to rellect the amendments adopted in Gen ew Plan Amendment 88.2(E) be incorporated Into the Newport Beach Local Coastal Program, Ltd Use Plan as follows: That the lard use deslgradon for the property located on the northe dy side of 32Nd Street between Vlfia Way and Via LIM, more particularly described as the easterly 114 feet of Lot 6, Traci No. It17 shall be changed from "Retall and Service Commercial" to "Oovermuadal, Educational cad Institutionalfocilittes" uses. �b ADOPTEDths6sh dayof -A" 1995. AYES NOES ABSENT Anne Gifford, Chairman Garold B, Adams, Secretary an„w.maumu,e ResoludonNo. A RESOLUTION OF THE PLANNING COMMISSION OF TH6 CITY OF NEWPORT BEACHRBCOMMENDIN(I TO THE CrTY COUNCIL THE APPROVAL OF AMENDMENTNO. $18, AMENDING APORTION OF DISTRICTING MAP NO.4 SO AS TO RECLASSIFY THE EASTERLY 114 FEET OF LOT 6, TRACT NO. 1117 AND LOTS 1191.1200, TRACTNO. 907, FROM THE RSC-H DISTRICT TO THE GE1F 10.51.751 DISTRICT. WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newpott Bach provides that Title 20 (the Zoning Code) nay be mended by changing the zoning designation of Districts and other provisions whenever the public necessity and convenience and the public welfare require such arse rosin; and WHEREAS, the Planning Conunission has recommended to the City Council the adoption of General Plan Amendment No. 88-2 (E) and Local Coastal Program Amendment No. 36 so as to change the land use designation on a portion of the subject property more particularly described as the easterly 114 fat of Lot 6, Tract No. 1117, from "Ret" and Service Commercial" to "Govemmental, Educational and Institutional Facilities" uses; and WHEREAS, land use decisions are legally required to be consistent with the CiVs General Plan and Zoning; and WHEREAS, in conjunction with the consideration of the above referenced mtendmats to the General Plan and Loot Coaxal Program Land Use Plan, the Planning Commission concluded that the project could not have a signilicant eff6d on the environment and therefore approved It Negative Declaration; and WHEREAS, pursuant to Section 20,94.30, the Planning Comndssion has held a duty noticed public paring to consider Amendment No. Big to Title 20 of the Newport Bach Municipal Code amending a portion ofDimicting Map 4; and WHEREAS, the Planning Comndision desires to recon rend that the City Council approve Amendment No. Sig to Tide 20 of the Newport Bach Municipal Code emending a portion of Districting Map, No.4. m1 r NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Amendment No. 818, to Title 20 to the Newport Beach Municipal Code, amending Districting Map No. 4 as follows: That the easterly 114 feet of Lot 6, Tract No.1117 and Lots 1197-1200, Tract No. 907 shall be reclassified from the RSC-H District to the GEIF [0.5/.75] District. ADOPTED this 61h day of Av�Rr .1995. AYES NOES ABSENT Anne Gifford, Chairman Garold B. Adams, Secretary ua �nr, '-(�c r RECIPROCAL PARKING LICENSE AGREEMENT I. DATE AND PARTIES This Reciprocal Parking License Agreement ("Agreement") is made this day of , 1995, by and between City of Newport Beach, a California municipal corporation ("City") and The Rector, Wardens and Vestrymen of St. James Parish in Newport Beach, California, a California nonprofit corporation ("Church"). II. PROPERTIES A. City Property City is the owner of those certain parking lots located on the easterly and northeasterly side of the Newport Beach City Hall at 3300 Newport Boulevard , Newport Beach, as depicted on Exhibit A attached to this Agreement (the "City Property"). B. Church Property Church is the owner of that certain parking lot located adjacent to the southwesterly corner of 32nd Street and Lafayette Avenue, Newport Beach, as depicted on Exhibit B attached to this Agreement (the "Church Property"). III. RECITALS A. City is desirous of securing the right to the sole use of additional parking spaces in the vicinity of the City Hall for employee or visitor parking during weekday business hours, but has available unused parking spaces at the City Hall on weekends and City holidays. B. Church, by proceeding with plans to redevelop its church facilities located at 3209 Via Lido, Newport Beach, will increase its need for parking on weekends, but has available unused spaces on Church Property during weekday business hours. WJT.3/28/95 IN C. Parking spaces within the City Property are compatible both in location and timing of use with the parking needs of Church, in that (i) they are in reasonably close proximity to the planned redeveloped facilities of Church, and (ii) the timing of Church hours of maximum parking needs, primarily on Sundays and holidays, prevents two uses of the spaces, by City and Church, from occurring simultaneously. D. Parking requirements under the Newport Beach Municipal Code applicable to the planned redevelopment of Church facilities will be satisfied by the combination of Church's planned expansion of its on -site parking facilities, as shown on Exhibit C attached to this Agreement, and its license to use additional parking spaces, as described in this Agreement. E. The parties find it mutually beneficial to establish reciprocal licenses for pedestrian and vehicular ingress and egress to and from, and for parking on, each of their respective properties, in the areas depicted on Exhibits A and B. The purpose of this Agreement is to set forth the terms and conditions of the reciprocal parking licenses. IV. RECIPROCAL PARKING LICENSES For valuable consideration, receipt of which is hereby acknowledged, City and Church hereby license the other to use a portion of their respective properties, as depicted on Exhibits A and B, attached, for pedestrian and vehicular ingress and egress, and for parking, as described below. A. City Use Of Church Property City shall have a license for the sole use of 50% of the total number of available Church Property parking spaces, in the location depicted on Exhibit B, on Monday through Friday, but excluding City holidays, between the hours of 7 a.m. and 6 p.m. This license does not include the right to engage in any storage, overnight or long-term parking of vehicles, or parking of trailers or equipment, on the Church Property. S B. Church Use Of City Property Church shall have a license for the sole use of twenty-five parking spaces on Saturdays, and forty-five parking spaces on Sundays and City holidays, in the location depicted on Exhibit A, between the hours of 7 a.m. and 6 p.m.. This license does not include the right to engage in any storage, overnight or long-term parking of vehicles, or parking of trailers or equipment, on the City Property. V. EFFECT OF CONSTRUCTION OR RECONFIGURATION OF PARKING A. City Property Church's license to use twenty-five parking spaces on Saturdays and forty-five parking spaces on Sundays and City holidays, shall be subject to City's right to engage in any necessary temporary construction or repair, or the reconfiguration of parking, within the area of the City Property designated for use by Church. City shall be obligated to provide Church with reasonable prior written notice of such temporary construction or repair, or of such reconfiguration. City shall provide Church with the same number of alternative parking spaces as equals the number of any parking spaces eliminated by such construction, repair or reconfiguration, and such spaces shall be in as convenient a' proximity to Church facilities as is reasonably feasible. B. Church Property Approximately fifty-one marked parking spaces are located within the Church Property as of the date of the execution of this Agreement. Current plans for future improvements to the Church Property anticipate the increase of available parking to eighty spaces. City's license to use 50% of the parking spaces on the Church Property is subject to the right of Church to engage in construction, demolition or other improvement activities within, or in the vicinity of, the Church Property. Such activities may include the placing of temporary portable buildings, and/or the storage of construction materials, on the Church Property. Such activities are likely to have the impact of temporarily decreasing the total number of available parking spaces within the Church Property. City's allocation of 50% of available parking spaces shall continue during such periods when the total number of such spaces fluctuates. In addition, Church may find it necessary or appropriate to reconfigure the parking spaces within the Church Property. In any case, Church's only obligation shall be to provide City with reasonable prior written notice of any change in the number or location of the spaces available for City use. \, E! VI. MAINTENANCE AND REPAIR A. Mutual Obligations Except as otherwise provided below, each party shall be solely responsible for the maintenance and repair of the respective parking areas owned which are subject to this Agreement. Neither party makes any representation concerning the existing condition of the subject parking areas or their suitability for the intended uses, and neither assumes any obligation by this Agreement to upgrade or improve the subject parking areas. However, if extraordinary maintenance or repair is required, being that which exceeds the level of care resulting from the normal wear and tear of daily use, and such extraordinary maintenance or repair is shown to have been directly caused by the licensee, or licensee's employees or invitees, then that licensee shall be responsible for such extraordinary maintenance and repair. Such licensee shall promptly either perform such work or reimburse the licensor for the costs of the same, as may be agreed upon between the parties. B. Obligation Of City City agrees to weekly sweep, at its expense, the entire Church Property, as depicted on Exhibits B and C to this Agreement. VII. TERM AND TERMINATION The benefits and obligations of the reciprocal licenses granted by this Agreement shall run until December 31, 2014, on which date, and each succeeding twenty year anniversary of that date thereafter, this Agreement shall be renewed automatically for an additional twenty years. Either party may elect at any time to terminate this entire Agreement, but only by giving written notice to the other no less than twenty-four months prior to the date of the intended termination. If, however, City so elects to terminate, Church shall have the following options with respect to any need to secure replacement parking: (i) Church may secure from a third party the right to use other off -site parking; and/or (ii) Church may, upon a documented showing of reduced parking needs, obtain City approval of a parking requirement which is less restrictive than the current 1:3 ratio. I VIII.RISK OF LOSS Each party, as a licensee, shall be solely responsible for the risk of damage or loss to property, and injury to persons, occurring within the license area owned by the other party, if suffered by any employees or invitees of that licensee. This responsibility shall include the obligation to defend and hold the licensor party free from any claims arising out of such damage, loss or injury. IX. PARKING CONTROL AND SIGNAGE It is in the best interests of both parties to prohibit the use of the respective license areas by unauthorized persons. To this end, the parties will cooperate to establish economical and effective systems to control unauthorized use. Such systems may include, without limitation, signs, permits, identification decals or towing services. Neither party, as a licensee, shall install signs or other parking control devices on the property of the other party/licensor, without the prior written consent of that licensor. X. NONTRANSFERABLE RIGHTS The licenses for ingress, egress and parking described in this Agreement are intended for the sole use and benefit of the employees and invitees (being parishoners, agents, representatives, guests or visitors) of City and Church. Neither party shall have the right to assign or transfer these license rights and privileges, without having first received the prior written consent of the other party. XI. ENFORCEMENT OF AGREEMENT. Should any dispute or claim of whatever nature arise out of the interpretation, performance or breach of this Agreement, the parties shall first attempt to settle the matter through good faith negotiation initiated by a written demand to the other party setting forth the nature of the dispute, to be followed by a meeting of the principal representatives of the parties. If the matter is unable to be resolved through such negotiation, it shall be settled, at the request of either party, by final and binding arbitration conducted at a mutually acceptible location, and administered either in accordance with rules and procedures agreed upon by the parties, or if unable to agree, in accordance with the then existing Rules of Practice and Procedure of Judicial Arbitration & Mediation services, Inc.. The arbitrator shall determine which is the prevailing party and shall include in the award that party's reasonable attorney fees and costs. Judgement upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction. J� 0 XII. NOTICES Notices, requests or demands by either party shall be in writing and shall either be personally served or be given by U.S. mail, postage prepaid, and addressed to the following persons: To City: Mr. Kevin Murphy, To Church: Rev. David Anderson, City Manager Rector City of Newport Beach St.James Parish 3300 Newport Boulevard 3209 Via Lido P.O.Box 1768 Newport Beach, CA Newport Beach, CA 92663 92659-1768 Notices, requests and demands, if not personally served, shall be deemed received upon the expiration of forty-eight hours after deposit in a U.S. post office or mail box in Newport Beach, California. XIII.EXECUTION The parties have executed this Agreement in Newport Beach, California, as of the date stated first above. "City": City of Newport Beach, a California municipal corporation "Church": By: By:_ Title: Title: Date: �/ 1995 Approved: Aobert H. Burnham, City Attorney Date: '0" 9- 0 , 1995. The Rector, Wardens and Parish in Newport Beach, a California nonprofit By: Title: Date: , 1995 Title: F�IA Y 0 —�`t 1 �Eahin9 35 Cars 66 CWs d�m r 46 CWs Buddrly 1 8 t3 30 C A W. Y� 22C COHnCr BulftC IOCW3 I&i6np D 32ND. STREET . LtcE E IFOR CHURCH PARKt NCB. Station 0 c 0 6 0 O� ( ) EX1411517 A TO RECIPROCAL YAKKING l tmvAsE /4GREmay 6-"' EXISTING SITE PLAN The Biurock Partnership/Architects &Planners EXHIBIT ILLUSTRATING EXISTING PARKING NOT TO SCALE EXKl61T Ci TO RECtPROCAt_ ?ACY-Agfa I,.ICENSE A►6R�EMEtsT. . a Ila / ...... Li CEN SE Fol . CtTY Pgf�,KINCy. _.. ....__..—.+ nr- •-�rrn+-n�r� nnov�nir_ C�A!`FC• EXHIBIT ILLUSTRATING PROPOSED PARKING NOT TO SCALE r C To ReUMOCAL VAC Ll MA% AGREEME�n1T. �_. 32ND STREET I VZ € 31ST. STREET i TOTAL NUMBER OF PARKING SPACES: 80 • EXHIBIT A LOT LINE ADJUSTMENT NO. NBLL95-a (LEGAL DESCRIPTIONS) OWNERS EXISTING PARCELS PROPOSED PARCELS AP NUMBER REFERENCE NUMBER ASSISTANCE LEAGUE OF NEWPORT BEACH, CA 423-112-5 PARCEL 1 A CAUFORNW CORPORATION THE RECTOR, WARDENS, AND VESMMEN OF SAINT JAMES PARISH IN NEWPORT BEACH, CA 423-112-6 PARCEL 1 A CALIFORNIA CORPORATION PARCEL 1 ALL THAT CERTAIN LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CAUFORNIA, AS SHOWN ON 'EXHIBIT B', ATTACHED HERETO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 1197, 1198, 1199. AND 1200 OF TRACT NO. 907 AS SHOWN ON MAP' FILED IN BOOK 28, PAGES 25 THROUGH 36, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, TOGETHER WITH THE EASTERLY 114 FEET OF LOT 6 OF TRACT NO. 1117 PER MAP FILED IN BOOK 35, PAGE 48 OF MISCEL- LANEOUS MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF THE SOUTH ONE-HALF OF VIA MALAGA ABUTTING, ON THE NORTH, THE HEREINABOVE DESCRIBED PORTION OF LOT NO. 6, TRACT NO. 1117, AS VACATED FEBRUARY 4, 1946, BY RESOLUTION OF THE CITY COUNCIL OF SAID CITY. BO. t3927 * B U&- I2-11-97 sr�fOfrCAU\�Q�\! MEE T lItM Dil 9 EE tk-�.os— PPLiG" ' u0H EXHIBIT B LOT LINE ADJUSTM"'NT NO. NBLL95— (MAP) OWNERS NAP NUMBER CELS REFERENCE NUMBER ASSISTANCE LFADUE OF NEN7'ORT BEACH, CA 423-112-5 PARCEL 1 A CALIFORNIA CORPORATION THE RECTOR, WARDENS, AND VESTRYMEN OF SANK JAMES PARISH IN NEWPORT BEACH, CA. 423-112-e PARCEL 1 A CALIFORNIA CORPORATION SCALD' 1- - 60' FO. N. k TAG, I.S. 2911111, aJ. r YO,,,y�W ' 1 NO REF., ACCEPTED AS * lV1lS; IL-31-P1 * �, 1s"1 POINT ON BWSHEM UNIE Xor FOUND 013.'+". S27V4J•E !I.y ON ,BULKHEAD UNE POINTy CURVE DATA: Q0 . , N2os3'37 E 0Gi-0466'OP R-3S1.96' L-30.2e' V i` 1 4e.42' © M3e'2e-W It-20.00' L-13.43' "� R-20.00' F Nonlxc Fouxo, NOTHINC SET, e# N00 9V 2 l�.aa LOT LINE TO BE 1112 f1771 CD ISO ELIMINATED (TYP.) 11. . N00•M G • NQTES' s' Q s0 '� C]—"b1eQQ s 0 %PWW1 N9D7 LLI )yASU' w11 �G ( AS NOTED. RECORDW.�-+ K S ~ R2— PER TRAOT N0. 71111 }" " M.M.302 4-14 N07�4JCW S ,�F A$— PER P.Y.B. 7e/A W l FOUND LEAD k TAQ RCE 17507• NO AEY: Q MOO'M'Jo'IL 1.90', .F-. t N LEAD k TA G, AG, CA. g R.RE 1TS07, NO W. 17.50 SOIYM'3OZ034. 81 FOUND LEM k TAG, U0.11' Kool I C.E 17307. NO W. =i N00.4430•W. im. R - 10WSW �'� }^ �11' 1�0. x FD. SPK Lk WASHER, .' >, L - 1571 N 00'44 W NO REF. is 39J19• 4SD0 OZ01 PIIOIUTm 197 NOTNMO SET, 673.41I' [071M1 N Oc44.30" W 7IL49' SPIKE k WMINK FdND 2-v OONC AAA TIQ •CA, DOT. Or TRANS.• NO SEo yR VIA OPORTO VILLA WAY 10• N'M'&K as+'' m PEANCE TIE Xk P014Z Co� r SITE PLAN LOT LINE ADJUSTMENT NO. NBLL95- OWNERS EXISTING PARCELS PROPOSED PARCELS AP NUMBER REFERENCE NUMBER ASSISTANCE LEAGUE OF NEWPORT BEACH, CA 423-112-5 PARCEL 1 A CALIFORNIA CORPORATION THE RECTOR, WARDENS, AND VESTRYMEN OF , PARCEL i SAINT JAMES PARISH IN NEWPORT BEACH; CA 423-112-6 A CALIFORNIA CORPOPATION SCALE: 1' - 40' QO v I J�P 4! WIDE PUBLIC UTILITY EASEMENT TO THE CITY OF NEWPORT BEACH PER / EXISTING BUILBINC TRACT No. 907. Lu I ` H co Lu co a � Q EXISTING BUILDING Q I = N J F - ch 0.9' Q > EXISTING BUILBINC 4' WIDE PUBLIC UTILITY EASEMENT TO THE Cltt ' OF NEWPORT BEACH PER TRACT NO. 907. ILDI' i '4q%lESS/4y�� 1 4�r N0,11911 � I I j * �RES:12-SId1 f�ff OflCAI�E���\! VIA OPORTO To: Building Department No Activity: In Plan Check:_/ From: Planning Department Active Bldg Permit: Public Works Notified: Re: Hold on Building Permit Final Plan Checker Notified: Address 3201 `lI O LIB40 PlanCheck No.� $ S+. J CS G V_ Planning Department Comments RIOR TO RELEASE Of Building Permit Final: [ ] Park Dedication Fee in the Amount of $ is DUE. [ ] Fairshare Fee in the Amount of $ S.J.H.T.C. Fee in the Amount of $ is DUE. is DUE. [ ] Coastal Commission Approval of Resubdivision Must Be Obtained. [ ] Parcel Map Recordation: Resubdivision No. Record date [ ] Use Permit Conditions of Approval: Use Permit No. Condition(s) No. [ ] After recordation of the map a building permit change must be processed with the Building and Planning Departments, PRIOR TO FINAL OF THE BUILDING PERMIT, to change the description of the permit to reflect condominium construction, the fee is nominal and payable at the time of the change. Proof of payment of the above mentioned fees may be required at that time if not collected at issuance of the original building or grading Hermits M Units Demolished Units Built BY: date 7-2— -e-7 . Planning DepaUtment CC: 3/Code Enforcement _Plan Checker F:\WP50\JAY\MEM\BP-HOLD.MEM rev 4-5-90 I CONDITIONS OF APPROVAL USE PERMIT 3549,VARIANCE 1204, LLA 95-2 3209 VIA LIDO ST TAMES EPISCOPAL CHURCH CONDITION DEPARTMENT ACTION Environmental Document Mitigation Measures �1 1. G.P.A., Local Coastal Program, ♦ �x Land Use Plan Amendment, GEIF Zone Planning Verify Approval G2. Nat'l Pollutant Discharge Elim Sys Building Plan Review '--Drainage Area Mgmt Plan. Planning �3 Planter Wall Design and Approval Planning Plan Review 4. Lighting System Minimize Spillage Building Plan Rgvigw, O Use Permit 3549Q 1. Substantial Conformance Planning Plan Review 2. Improvements Constructed Public Works Plan Review/Bond 3, Parking Lot Design to City Stds. Traffic Plan Review 4. Staff Park Approved Off Site Lot Planning Letter of Intent 5. Handicapped Parking, Sign Building Plan Review 6. Reciprocal Parking License Agreement with City Hall Planning Letter of Intent 10 48 Parking Spaces Minimum -Phase I Planning Letter of Intent 80 Parking Spaces Minimum -Phase 11 Planning Plan Review rI, r$Landscape/Irrigation Plan GQI(. Planning Plan Review on Final Pk -Hold 9. Lighting Sources Minimize Spillage Planning Held an Final P&Irl A"ie.ltl 4No Outdoor Loudspeaker or Paging Planning Letter of Intent Plan Review Gross Floor Area 26,014 sq 8 Max. Planning Plan Review 12. Coastal Commission Approval Reqd Planning Reciept from Coastal Ok13. All Conditions of Approval V1204, 4eLA 95-2 fulfilled Planning Plan Review _14. Soil and Geologic Report W/Liquefaction Analysis Building Plan Review 15. Add'1 Fire Hydrant Fire Plan Review 16. Fire Alarm System/Sprinkler System Building Plan Review A- Lot Line Adjustment Recorded Public Works 9tiw Verification 18. Guarantee Public Improvements Public Works Guarantee Bond ( 9. 32nd St. Setback not encroach into Public Works Plan Review -4yUtility Easement Planning Plan Review 20. Each Building indiv. water/sewer system Building Plan Review 21. Sight Distance Parking Lot Drives, Alley, & Lafayette 25 miles per hour Traffic Plan Review d 22. Control Gates at Parking Lot Entrances Traffic Plan Review 23. 5' Cutoff at NW corner 32nd St/Lafayette Public Works Plan Review 24. Sidewalk Replacement Public Works Plan Review > 25. Traffic Control Plan Traffic Plan Review -. 26. Undergrounded Utilities Utilities Building Plan Review Plan Review 27. Fire Protection System Fire Plan Review eIk- 28. Planning Comm May Add/Modify No Action 9. Use Permit Expiration 24 Months Phase I No Action Variance No. 1204 Conditions of Approval UP 3549,NBLLA 95-2 Fulfilled Planning Plan Review Newport Beach Lot Line Adjustment No. 95-2 1. Change of Ownership Grant Deeds Submitted Public Works F&2. Lot Line Adjustment Checked by Public Works Public Works W. Lot Line Adjustments/Grant Deeds Filed Concurrently with County Recorder Public Works Coastal Commission Approval Planning Plan Review Plan Review Plan Review Receipt Aprvl CITY OF NEWPORT BEACH 33oo Newport Boulevard • P.O. Box 1768 Newport Beach, CA 92658-8915 (714) 644-3225 NEGATIVE DECLARATION To. Office of Planning and Research XX 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange xx public Services Division P.O. Box838 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658-8915 (Orange County) Date'received for filing at OPR/County Clerk: Public review period Mgr h April 7, 1995 Name of Project: St. James Episcopal Church (GPA 88-2 (E] , LCP 36, UP 3549, V 1204, LLA94 Project Location: 3209 Via Lido, Newport Beach Expansion of an existing church facility including a 375—seat Project Description: sanctuary with tower and cross 58 feet high, chapel, parish hall an related kitchen, offices, classrooms and administrative facilities. Finding: Pursuant to the provisions of City Council Policy K-3 pertairagto procedures and guidelines to implement the California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding ist<attached ❑ on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision-maker(s) prior to final action on the proposed project. If a public hearing will be held to consider this project, a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project maybe available for public review. If you would like to examine these materials, you are invard to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should besubmitted in writing prior to the close of the public review period. Your comments should speciGcallyidcntify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any ques ' or would Like further information, please contact the undersigned at (714) 644.3225. Date John . D glas, AI Enviro tal Coo for Revised 1M Notice is hereby given that the Planning Commission of the the application of St. James Eoisconal Church for Sri 118 on property located at of Newport Beach will hold a public hearing on NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the 6th day of April 1995 at the hour of h:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For infomtation call (714) 644-3200. Garold Adams, Secretary, Planning Conunission, City of Newport Beach, NOTE: The expense of this notice is paid from a filing fee collected from the applicant. b %VhW 549pnAx IMP ENVIRONMENTAL CHECKLIST FORM 1. Project Title: St. James Episcopal church 2. Lead Agency Name and Address: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 3. Contact Person and Phone Number. Bill Ward (714) 644-3200 4. Project Location: 3209 Via Lido Newport Beach, CA 92663 5. Project Sponsors Name and Address: St. James Episcopal Church 3209 Via Lido Newport Beach, CA 92663 6. General Plan Designation: 7. Zoning: RSC-H Governmental, Educational & Institutional Facilities & Retail & Service Commercia 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. The phased construction of a new wll wchurch facility including a 375 seat sanctuary, a small chapel, a parish ith related kitchen, administrative offices, library and classrooms; a church tower and 8 foot cross which exceeds the 35 foot height limit; an off -site parking arrangement; and a lot line adjustment to combine 5 existing parcels 1 parcel. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) The project is located in the Via Lido/City Hall area of the properties the head of the Balboa Peninsula. The site is surrounded by pro p developed with retail, office and church uses. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) California Coastal Commission 3 t ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Population & Housing ❑ Geological Problems ❑ Water ❑ Transportation! Circulation ❑ Biological Resources ❑ Energy & Mineral Resources ❑ Hazards ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics CI Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project MAY have a significant effects) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "polentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain ❑ to be addressed. T 2 I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are ❑ imposed upon the proposed project. Si na re �jO�in M. Z�1V 1�'S Printed Name Date 3 EVALUATION OF ENVIRONMENTAL IMPACTS: I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designa- tion or zoning? (source M(s): ) b) Conflict with applicable environ- mental plans or policies adopted by agen- cies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources' or operations (e.g. Impacts to soils or farmlands, or Impacts from incompatible land uses)? ( ) e) Disrupt or divide the physical arrangement of an established community ¢nctuding a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth In an area either directly or Indirectly (e.g. through projeds in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) PoGnad'y Pdoolay µkfpatfon SlpMlk�nl No M++puA It�doryot*ted Irt pxt toped ❑ L7 ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I9 ❑ ❑ ❑ Is I poterthey cant paw Ski Unless Less than Soricant No fad Impact knpact III. GEOLOGIC PROBLEMS. Would the proposal result In or expose people to potential impacts Involving: a) Fault rupture?( ) ❑ ❑ ® ❑ b) 'Seismicground shaking () ❑ ❑ ® ❑ c) Seismic ground failure, including ❑ ❑ ® ❑ liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard?() ❑ ❑ ® ❑ e) Landslides or mudflows? ( ) ❑ ❑ ❑ 0 Erosion, changes in topography or un- ❑ ❑ C7 In stable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? () ❑ ❑ ❑ 13 h) Expansive soils? ( ) ❑ ❑ ❑ 0 i) Unique geologic or physical features? () ❑ ❑ ❑ 13 IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) c) Discharge Into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbid- ity)? ( ) d) Changes in the amount of surface water in any water body? ( ) e) Changes in currents, or the course or direction of water movements? ( ) f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) ❑ ❑ ❑ 13 ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ O IN ❑ ❑ ❑ ❑ 5 I g. Altered direction or rate of flow of groundwater? ( ) h. Impacts to groundwater quality? ( ) Q Substantial reduction In the amount of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) After air movement, moisture, or temp erature, or cause any change in climate? d) Create objectionable odors? ( ) VI. TRANSPORTATIONlCIRCULATION. Would the proposal result In Impacts to: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or Imeompatible uses (e.g. farm equipment? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking Capacity on -She or off she? ( ) e) Hazards or banters for pedestrians or bicyclists? ( ) Q Conflicts with adopted policies supporting aftemalive transportation (e.g. bus turnouts, bicycle racks)? ( ) g) Rail, waterbome or air traffic impacts? sbrolowt iprMic�t sPOW" M169aft L6" ton sip rowt No knt�d d Inved Mped ❑ ❑ ❑ M ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑Is ❑ ❑ ❑ O O ❑ t! ❑ ❑ ® ❑ ❑ ❑ ❑ D ❑ ❑ ❑ D ❑to i YII. BIOLOGICAL RESOURCES. Would the proposal result in Impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited plants, fish, insects, animals, and birds)? b) Locally designated species (e.g. heritage trees)? ( ) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pooq? ( ) e) Wildlife dispersal or migration conidors? ( ) gill. ENERGY & MINERAL RESOURCES Would the proposal: a) Conflict with adopted energy conserva- tion plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? ( ) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the stale? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible interference • with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazard? ( ) d) Exposure of people to existing sources of potential health hazards? ( ) ❑ ❑ ❑ 121 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ to ❑ ❑ ❑ a) Development on or near a listed hazardous waste site pursuant to GovL Code Sao, 65962.5? ( ) 4 increased fire hazard In areas with flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) C) Schools? ( ) d) Maintenance of public facilities, including roads? ( ) e) Other governmental services? ( ) XII. UTIUTIES & SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities? a) Power or natural gas? ( ) b) Communications systems? ( ) c) Local or regional water treatment or distribution facilities? ( ) d) Sewer or septic tanks? ( ) e) Storm water drainage? ( ) f) Solid waste disposal? ( ) g) Local or regional water supplies? ( ) Powx" PC(Meaky t�klass� Lou thm Mead k4owoed klvw kvw ❑ ❑ ❑ I9 ❑ ❑ ❑ 13 ❑ ❑ M ❑ 13 ❑ M ❑ ❑ ❑ ❑ Q ❑ 17 ❑ ❑ ❑ ❑ ❑ ❑ ❑ W ❑ ❑ ❑ ❑ ❑ ❑ 12 ❑ ❑ ❑ 12 ❑ ❑ ❑ 19 ❑ C) ❑ ❑ ❑ O ❑ 12 ❑ ❑ ❑ 13 ❑ ❑ ❑ La 9 !19 XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ( ) b) Have a demonstrable negative aesthetic effect? ( ) c) Create light or glare? ( ) d) Affect a coastal bluff? ( ) XtV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) b) Disturb archaeological resources? ( ) c) Affect historical resources? ( ) d) Have the potential to cause a physical change which would affect unique ethnic or cultural values? ( ) e) Restrict existing religious or sacred uses within the potential impact area? ( ) XV, RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? ( ) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory? sowcw potaneaey toles Las u,an ea 1Impact impact Im ❑ ❑ ❑ 'J C 0 n ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a 0 i �I 0 9 E ❑6 b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? C) Does the project have impacts that are individually limited, but cumulatively considerable? ('Cumulatively considerable" means that the incremental effects of a project am considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have effects which wi I environmental cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. pderday sVWCWt poteMky Unkxa Lea than sftot a Imped InoorporNd kcped ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ No knpsd 0 sV Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). in this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adecuately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed In an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated; describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. f,%Wonlplar,MnaUMVW%1RFORM 10 / 7- ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS St. James Church Expansion General Plan Amendment 88-2(E) Local Coastal Program Amendment No. 36 Use Permit No. 3549 Variance No. 1204 Lot Line Adjustment No. 94-18 Project Description The proposed project, if approved, will allow for the phased construction of a new church facility including a 375 seat sanctuary (with church tower and cross at a height of 58 feet), a small chapel, and a parish hall with related kitchen, administrative offices, library and classrooms. The applications under consideration are an amendment to the General Plan Land Use Element and the Local Coastal Program, Land Use Plan to redesignate the property from Retail and Service Commercial to Governmental, Educational, and Institutional Facilities; a Use Permit to allow the church, allow the transfer of development rights to the church site from the site at the corner of 32nd Street and Lafayette Avenue, and to allow the church tower and cross to exceed a height of 35 feet; a Variance to allow the proposed use to exceed a Floor Area Ratio of 0.5; and a Lot Line Adjustment to combine 5 lots into a single parcel. This proposal includes the review and approval of conceptual site plans, floor plans and elevations. Prior to the issuance of building permits, the constructions plans will be reviewed for substantial conformance with these plans, if approved, as may be modified with adopted mitigation measures and conditions of approval adopted by the City of Newport Beach. Analysis I. Land Use and Planning Potential Impacts The site is located in the City Hall commercial area. The site is comprised of the original church facility area and the former Assistance League of Newport Beach property. The portion of the site occupied by the original church facilities is designated for Governmental, Educational and Institutional Facilities (GEIF), while the former Assistance League site is designated for Retail and Service Commercial use. Amendments to the General Plan Land Use Element and Local Coastal Program, Land Use Plan are proposed to change the land use designation of the Assistance League portion of the property to the GEIF category. The proposed land use is fundamentally the same as the existing land use, since the entire site is currently used for church and related support uses. The project, if implemented, will allow for the expansion and updating of the facilities. Uses in the vicinity of the project include other church facilities, offices, retail stores, restaurants and residential. Residential uses are located across Via Lido and in the high-rise 601 Lido Park Drive building. No land use Conflicts are currently experienced in the neighborhood, nor are any new conflicts anticipated as a result of project implementation. The proposed amendments to the General Plan Land Use Element and the Local Coastal Program, Land Use Plan will eliminate any conflicts with these documents. The project is located in the Coastal Zone, and a Coastal Development Permit is also required. The project site is not in an agricultural area and no agricultural resources will be affected by the project. The project site is contained within a single city block, and will not change the physical arrangement of community, nor affect any low income or minority community. Mitigation Since the proposed project is inconsistent with the existing General Plan Land Use Element and the Local Coastal Program, Land Use Plan, the following mitigation measure is required: 1. Prior to issuance of a building permit for any expansion, a General Plan Amendment and a Local Coastal Program, Land Use Plan Amendment shall be approved by the City of Newport Beach and the California Coastal Commission, redesignating the former Assistance League portion of the property for Governmental, Educational and Ltrtipttional Facilities. Level of Significance Compliance with the required mitigation measure will eliminate any significant impacts. H. Population and Housing Potential Impacts The proposed project is not residential, and will have no affect on regional or local population projects, which are based on dwelling unit counts. No secondary growth in population will occur, since the church will not add any employees as a result of the facility expansion. The project will not displace any existing housing, since the project site is currently used as a church. MWizalion No mitigation is required. Level of Significance No significant impacts are anticipated. i EnvirammWAnalysis McklidF*Ansfimt SI.Juue chumb l!"tal Y / III Geologic Problems Potential Impacts The project site is currently developed as a church. All of the existing facilities will be demolished and reconstructed. Therefore, ground disturbance, and potentially excavation and grading, will occur. There are no known active faults or areas of surface rupture within the site boundaries. However, the site is located in the Newport -Inglewood Fault Zone, and numerous additional faults underlie the Southern California region. Therefore, the project would be subject to groundshaking during earthquakes, and potentially to surface rupture if a significant event occurred in close proximity to the site. The exposure of this site, however, is considered to be of no greater level of hazard than other sites in the vicinity, or the harbor area of Orange County generally. The site is located in an area which is potentially subject to liquefaction and is, therefore, subject to seismically induced ground failure. Given the site's proximity to both Newport Bay (an enclosed body of water) and the Pacific Ocean, the site could be subject to seiche or, tsunami. The exposure of this site, however, is considered to be of no greater level of hazard than other sites in the vicinity,, or the harbor area of Orange County generally. There are no known volcanoes in the Southern California area, so there no potential impact from this hazard. The site is completely flat and in an urbanized area. Therefore, no impacts are anticipated as a result of landslides, mudflows, erosion, changes in topography or unstable soil conditions from excavation, grading or fill. The site is not in an area identified for potential ground subsidence or expansive soils, so no impacts are anticipated from these hazards. The site is flat and currently completely developed, with no unique geologic or physical features. Mitigation The City Excavation and Grading Code (NBMC Sec. 15.04.140) contains requirements for geotechnical evaluation and erosion control methods to ensure that any future grading is done in such a manner as to mininvze the potential for erosion or unstable conditions. Compliance with Building Code structural requirements would ensure that buildings are designed to withstand expected levels of groundshaking during earthquakes. No additional mitigation is required. Level of Si ig ificance Compliance with the requirements of the Excavation and Grading Code and Building Code would reduce potential impacts below the level of significance. IV. Water Potential Impacts White old buildings will be demolished and reconstructed, the actual use of both the church facility area and the parking areas will not be different from the current use upon completion of the proposed project. Therefore, there will be no changes in absorption rates, drainage patterns, or the rate and amount of surface runoff. The project site is in close proximity to both Newport Bay and the Pacific Ocean. Therefore, there is some risk of exposure of people and property to flooding. The exposure of this site, however, is considered to be of no greater level of hazard than other sites in the vicinity, or the harbor area of Orange County generally. During construction of the proposed project, there is some potential for impacts to water quality including soil erosion, spillage or leakage of fuel or oil from construction equipment, and construction debris, which could be washed into the ocean or Newport Bay via the storm drain system. After completion of the project, pollutants from parking areas (such as coolant, oil and grease drippings), and fertilizers and pesticides from landscaped areas could be washed into surface waters. The later impact, would be substantially the same as from the existing development, so no additional impacts are anticipated. The project is a small, in -fill development in an urbanized area, and does not involve the discharge of water as a result of the land use. Therefore, there are no impacts anticipated from changes in the amount of surface water in any water body; changes in the currents, or the course of direction of water movement; change in the quantity of ground water; alteration of the direction or rate of flow of ground water; change to ground water quality; or the reduction of the amount of groundwater available for public water supplies. mitigation All grading activities are required to comply with the erosion control provisions of the City's Excavation and Grading Code (NBMC Sec. 15.04,140). In addition, the following mitigation measure is recommended. 2. Prior to issuratce qj a grading or building permit the applicant shall demonstrate to the PImming and Building departments that all appropriate shrJctural cmd non structural best management practices will be incorporated into the project as required by the National Pollutant Discharge Elimination System (AMES) Drainage Area Management Plan. 4 rnor«Hxaul Aml sis chaaist EV] sdow sc Jura Church Expwion The project is the reconstruction of an existing facility. As a result, there will be no changes or impacts in the areas of hazards or barriers for pedestrians or bicyclists; conflicts with adopted policies supporting alternative transportation; or rail, waterborne, or air traffic impacts. miti ag tion No mitigation is required. Level of significance No significant impacts are anticipated. VI L Biological Resources Potential Impacts The proposed project is the phased reconstruction of an existing facility in an urbanized area. Therefore, no impacts are anticipated on biological resources, including endangered, threatened, or rare species or their habitats; locally designated species or natural communities; wetland habitat; or the dispersion of wildlife and wild life corridors. Miti ag lion No mitigation is required. Level ofsi¢nificance No significant impacts are anticipated. VUL Energy & Mineral Resources Potential Impacts The project is a small, in -fill redevelopment of an existing land use. Implementation of the project will not conflict with any adopted energy conservation plans; use non-renewable resources in a wasteful and inefficient manner; or result in the loss of known mineral resources of value to the region and the residents of the state. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated. Level ofSigpificance The requirements of the Excavation and Grading Code and the recommended mitigation measure would minimize pollutant runoff and would reduce potential impacts below the level of significance. V. Air Quality Potential Impacts The size of the project does not exceed the threshold of potential significance established by the South Coast Air Quality Management District. Additionally, the character and nature of the land will not result in any discharge into the air other than typical venting of buildings and occasional food preparation activities. Therefore, the project will not violate any air quality standard; contribute to an air quality violation; expose sensitive receptors to pollutants; alter air movement, moisture or temperature; cause any change in climate; or create objectionable odors. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated. VI. Transportation/Circulation Potential Impacts The overall floor area of the church facilities will increase by 6,328 sq.ft. Using the traffic generation rates in the Newport Beach Traffic Model, this will result in an additional 158.2 daily trips from the new facility. The Newport Beach Traffic Phasing Ordinance established a significance threshold of 300 average daily trips before expanded traffic analysis is required. Therefore, no significant effects from increased is anticipated as a result of the new development. The project is the demolition and reconstruction of an existing land use. No changes to emergency access will occur. Parking for the project will be provided through a combination of an existing parking lot across 32nd Street from the church facility and other off -site parking available in the City Bali complex. An oIT site parking agreement with the City of Newport Beach has been approved. Through this combined parking arrangement, the amount of parking required by the Newport Beach Municipal Code will be provided for the new development. Therefore, no impacts are anticipated in the area of parking. FAViraWnedii A AI)IiI OW41101 EVuuntlan st Jana Church Ev"im 107 XL Public Services Potential Impacts The proposed project is the phased demolition and reconstruction of an existing land use. No significant changes to the use of the property or the services provided on the property are anticipated. Therefore, no changes to the demand for public services will be needed in any of the following areas: fire protection, police protection, schools, maintenance of public facilities including roads, or other governmental services. M'itiization No mitigation is required. Level of Significance No significant impacts are anticipated. XIL Utilities & Service Systems Potential Impacts The proposed project is the phased demolition and reconstruction of an existing land use. No significant changes to the use of the property or the services provided on the property are anticipated. Therefore, no changes to the demand for utility services will be needed in any of the following areas: power or natural gas, communications systems, local or regional water treatment of distribution facilities, sewers, storm water drainage, solid waste disposal, or local or regional water supply. Mrti , aq_tion No mitigation is required. Level of Significance No significant impacts are anticipated. XIIL Aesthetics While the proposed project is a phased demolition and reconstruction of an existing facility, the project floor area will increase by an estimated 6,328 sq.8., or a 32% increase. The proposed project will also change the visual presence of the facility through the addition of a 58 foot high church tower and cross with architectural lighting as well as the installation of a property line fencelplanter on the 32nd Street property line. In many places along the exterior property lines of the site, the existing buildings are either set back or are one story elements. The new project will 8 En ir,== al Analysis Checklist Expluutiom St. Jams Church Expamion DL Hazards Potential Impacts The proposed project is a church with related facilities located in a developed commercial area. Surrounding land uses are light commercial and office uses, other church facilities, and residential, No hazardous materials will be associated with the project, nor are there any known sources of hazardous materials in the vicinity of the project. As a result, no potential impacts are anticipated from accidental explosion or release of hazardous substances; interference with an emergency response plan; the creation of any health hazard or potential health hazard; the exposure of people to existing sources of potential health hazards; the development on or near a listed hazardous waste site; or increased fire hazard in areas with flammable brush, grass, or trees. ation No mitigation is required. Level of Significance No significant impacts are anticipated. X. Noise Potential Impacts The project will generate increased noise levels during demolition and construction activities. Since the use will be substantially the same after implementation of the project, no changes to the ambient noise levels are expected in the vicinity of the project after completion. Any construction activity would be required to comply with the noise limitations in the City's Noise Ordinance (NSMC Chapter 10.28) and would be restricted to the hours of 7:00 a.m. to 6:30 p.m. weekdays and 8:00 a.m. to 6:00 p.m. Saturdays. No construction that produces loud noise is permitted on Sundays or holidays. Mitigtio The hours of construction operations established by the Noise Ordinance would substantially reduce potential impacts to noise -sensitive uses in the area during construction. No other mitigation measures are proposed. Level of Significance Existing restrictions on construction hours, combined with the temporary nature of construction noise, would reduce construction noise impacts below the level of significance. Emirmwnul AMIYIIS chemid Eapluutlaa St Juno Church EXP";M r �, present greater visual mass, as well as place more prominent structures on or near the exterior property lines. In reviewing the site plan, the area of greatest concernis the visual aesthetics of the 32nd Street edge, since it is on a highly traveled local collector street and the project site is nearly 300 feet long on this side property line. This is the elevation which includes the dual fence/planter, Unless appropriately softened by landscape elements, this wall could present a harsh edge to pedestrians traveling along 32nd Street, as well as motorists in the vicinity. The proposed project is not located on a scenic highway and is not located within a scenic vista. Therefore, no adverse effects are anticipate in these areas. The project may have an adverse negative aesthetic effect along the 32nd Street frontage as described above. The project will create new light from the proposed architectural lighting proposed for the new church tower. The project is not located on or near to any coastal bluffs, so no adverse effects are anticipated in this area. Mitigation Measures The potential aesthetic impact which may occur with the installation of the property line planter wall could be mitigated if both upright and cascading landscape elements are incorporated into the design. This would soften both the overall height of the wall as well as visual presence of the long, 5 foot high stucco wall located on the property line. The following mitigation• measure would ensure reduction of this possible impact to a less than significant level: 3. Prior to the issuance of a building permit for the planter wall, a landscape plan for the planter wall shall be submitted for the review and approval of the Planning Department. This landscape plan shall incorporate both upright and cascading landscape elements to soften the visual presence of the wall. The landscaping shall be installed in conformance with the approved plan prior to the building permit being finalled The following mitigation measure is recommended to insure a less than significant impact from any architectural lighting of the building proposed: 4. Prior to the issuance of wry building permit, the applicant shall demonstrate to the Building Department that the lighting system shall be designed; directeg and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses The plus shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied 9 Envirc m tal Analysis Chcckliat Explanaficm SL Jana Church Ev=ion 21 The recommended mitigation measure will ensure that potential adverse aesthetics effects are less than significant. IV. Cultural Resources The project site is not located in an area where archeological or paleontological resources have been discovered in the past, and none are expected due to the developed nature of the site. Therefore the project is not anticipated to disturb any ofthese resources. The buildings, while odd, are not of a unique nature or represent a historical resource. No impacts to historical resources would result from project implementation. As an already developed site, the project has no potential to affect unique ethnic or cultural values. The proposed project is a church and is the existing use of the property. The project will provide for the continuance of the existing religious and sacred use of the property. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated. W Recreation Potential Impacts The proposed project Is not in a recreation area, and will not generate demand for recreational programs of facilities, The quality and quantity of recreational resources will, therefore, not be impacted by the project. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated, 10 EmirmunmtmAmhYitctwcWikr.Milian.00m St. Jana church E*wion 2 Mandatory Findings of Significance 1. On the basis of the foregoing analysis, and with the incorporation of the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 2. There are no long-term environmental goals that would be compromised by the project. The project does not have any impacts which are considered cumulatively significant, nor will the specific impacts listed, on a cumulative basis, result in any unidentified or new impacts. 4. There are no known substantial adverse affects on human beings that would be caused by the proposed project. Ensir==W Analysis Checklist Explanations St. Jame Church Expansion VICINITY MAP GPA 88 - 2 (E) City of Newport Beach Advance Planning February 6,1995 , RECIPROCAL PARKING LICENSE I. DATE AND PARTIES This Reci ocal Parking License Agreement ("Agreement") is made this day of �. 1ipal by and between City of Newport Beach, a Cali£ r a municipal corporation ("City") and The Rector, Warden and Vestrymen of St. James Parish in Newport Beach, California, a California nonprofit corporation ("Church"). II. PROPERTIES A. City Property City is the owner of those certain parking lots located on the easterly and northeasterly side of the Newport Beach City Hall at 3300 Newport Boulevard , Newport Beach, as depicted on Exhibit A attached to this Agreement (the "City Property"). B. Church Property Church is the owner of that certain parking lot located adjacent to the southwesterly corner of 32nd Street and Lafayette Avenue, Newport Beach, as depicted on Exhibit B attached to this Agreement (the "Church Property"). III. RECITALS A. City is desirous of securing the right to the sole use of additional parking spaces in the vicinity of the City Hall for employee or visitor parking during weekday business hours, but has available unused parking spaces at the City Hall on weekends and City holidays. B. Church, by proceeding with plans to redevelop its church facilities located at 3209 Via Lido, Newport Beach, will increase its need for parking on weekends, but has available unused spaces on Church Property during weekday business hours. WJT.3/28/95 FA C. Parking spaces within the City Property are compatible both in location and timing of use with the parking needs of Church, in that (i) they are in reasonably close proximity to the planned redeveloped facilities of Church, and (ii) the timing of Church hours*of maximum parking needs, primarily on Sundays and holidays, prevents two uses of the spaces, by City and Church, from occurring simultaneously. D. Parking requirements under the Newport Beach Municipal Code applicable to the planned redevelopment of .Church facilities will be satisfied by the combination of Church's planned expansion of its on -site parking facilities, as shown on Exhibit C attached to this Agreement, and its license to use additional parking spaces, as described in this Agreement. E. The parties find it mutually beneficial to establish reciprocal licenses for pedestrian and vehicular ingress and egress to and from, and for parking on, each of their respective properties, in the areas depicted on Exhibits A and B. The purpose of this Agreement is to set forth the terms and conditions of the reciprocal parking licenses. IV. RECIPROCAL PARKING LICENSES For valuable consideration, receipt of which is hereby acknowledged, City and Church hereby license the other to use a portion of their respective properties, as depicted on Exhibits A and B, attached, for pedestrian and vehicular ingress and egress, and for parking, as described below. A. City Use Of Church Property City shall have a license for the sole use of 50% of the total number of available Church Property parking spaces, in the location depicted on Exhibit B, on Monday through Friday, but excluding City holidays, between the hours of 7 a.m. and 6 p.m. This license does not include the right to engage in any storage, overnight or long-term parking of vehicles, or parking of trailers or, equipment, on the Church Property. B. Church Use Of City Property Church shall have a license for the sole use of twenty-five parking spaces on Saturdays, and forty-five parking spaces on Sundays and City holidays; in the location depicted on Exhibit A, between the hours of 7 a.m. and 6 p.m.. This license does not include the right to engage in any storage, overnight or long-term parking of vehicles, or parking of trailers or equipment, on the City Property. V. EFFECT OF CONSTRUCTION OR RECONFIGURATION OF PARKING A. City Property Church's license to use twenty-five parking spaces on Saturdays and forty-five parking spaces on Sundays and City holidays, shall be subject to City's right to engage in any necessary temporary construction or repair, or the reconfiguration of parking, within the area of the City Property designated for use by Church. City shall be obligated to provide Church with reasonable prior written notice of such temporary construction or repair, or of such reconfiguration. City shall provide Church with the same number of alternative parking spaces as equals the number of any parking spaces eliminated by such construction, repair or reconfiguration, and such spaces shall be in as convenient a proximity to Church facilities as is reasonably feasible. B. Church Property Approximately fifty-one marked parking spaces are located within the Church Property as of the date of the execution of this Agreement. Current plans for future improvements to the Church Property anticipate the increase of available parking to eighty spaces. City's license to use 50% of the parking spaces on the Church Property is subject to the right of Church to engage in construction, demolition or other improvement activities within, or in the vicinity of, the Church Property. Such activities may include the placing of temporary portable buildings, and/or the storage of construction materials, on the Church Property. Such activities are likely to have the impact of temporarily decreasing the total number of available parking spaces within the Church Property. City's allocation of 50% of available parking spaces shall continue during such periods when the total number of such spaces fluctuates. In addition, Church may find it necessary or appropriate to reconfigure the parking spaces within the Church Property. In any case, Church's only obligation shall be to provide City with reasonable prior written notice of any change in the number or location of the spaces available for City use. rd VI. MAINTENANCE AND REPAIR A. Mutual Obligations Except as otherwise provided below, each party shall be solely responsible for the maintenance and repair of the respective parking areas owned which are subject to this Agreement. Neither party makes any representation concerning the existing condition of the subject parking areas or their suitability for the intended uses, and neither assumes any obligation by this Agreement to upgrade or improve the subject parking areas. However,.i-f extraordinary maintenance or repair is required, being that which exceeds the level of care resulting from the normal wear and tear of daily use, and such extraordinary maintenance or repair is shown to have been directly caused by the licensee, or'licensee's employees or invitees, then that licensee shall be responsible for such extraordinary maintenance and repair. Such licensee shall promptly either perform such work or reimburse the licensor for the costs of the same, as may be agreed upon between the parties. B. Obligation Of City City agrees to weekly sweep, at its expense, the entire Church Property, as depicted on Exhibits B and C to this Agreement. VII. TERM AND TERMINATION The benefits and obligations of the reciprocal licenses granted by this Agreement shall run until December 31, 2014, on which date, and each succeeding twenty year anniversary of that date thereafter, this Agreement shall be renewed automatically for an additional twenty years. Either party may elect at any time to terminate this entire Agreement, but. only by giving written notice to the other no less than twenty-four months prior to the date of the intended termination. If, however, City so elects to terminate, Church shall have the following options with respect to any need to secure replacement parking: (i) Church may secure from a third party the right to use other off -site parking; and/or (ii) Church may, upon a documented showing of reduced parking needs, obtain City approval of a parking requirement which is less restrictive than the current 1:3 ratio. 5 VIII.RISK OF LOSS Each party, as a licensee, shall be solely responsible for the risk of damage or loss to property, and injury to persons, occurring within the license area owned by the other party, if suffered by any employees or invitees of that licensee. This responsibility shall include the obligation to defend and hold the licensor party free from any claims arising out of such damage, loss or injury. IX. PARKING CONTROL AND SIGNAGE It is in.the best interests of both parties to prohibit the use of the respective license areas by unauthorized persons. To this end, the parties will cooperate to establish economical and effective systems to control unauthorized use. Such systems may include, without limitation, signs, permits, identification decals or towing services. Neither party, as a licensee, shall install signs or other parking control devices on the property of the other party/licensor, without the prior written consent of that licensor. X. NONTRANSFERABLE RIGHTS The licenses for ingress, egress and parking described in this Agreement are intended for the sole use and benefit of the employees and invitees (being parishoners, agents, representatives, guests or visitors) of City and Church. Neither party shall have the right to assign or transfer these license rights and privileges, without having first received the prior written consent of the other party. XI. ENFORCEMENT OF AGREEMENT. Should any dispute or claim of whatever nature arise out of the interpretation, performance or breach of this Agreement, the parties shall first attempt to settle the matter through good faith negotiation initiated by a written demand to the other party setting forth the nature of the dispute, to be followed by a meeting of the principal representatives of the parties. If the matter is unable to be resolved through such negotiation, it shall be settled, at the request of either party, by final and binding arbitration conducted at a mutually acceptible location, and administered either in accordance with rules and procedures agreed upon by the parties, or if unable to agree, in accordance with the then existing Rules of Practice and Procedure of Judicial Arbitration & Mediation Services, Inc.. The arbitrator shall determine which is the prevailing party and shall include in the award that party's reasonable attorney fees and costs. Judgement upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction. M XII. NOTICES Notices, requests or demands by either party shall be in writing and shall either be personally served or be given by U.S. mail, postage prepaid, and addressed to the following persons: To City: Mr. Kevin Murphy, To Church: Rev. David Anderson, City Manager Rector City of Newport Beach St.James Parish 3300 Newport Boulevard 3209 Via Lido P.O.Box 1768 Newport Beach, CA Newport Beach, CA 92663 92659-1768 Notices, requests and demands, if not personally served, shall be deemed received upon the expiration of forty-eight hours after deposit in a U.S. post office or mail box in Newport Beach, California. XIII.EXECUTION The parties have executed this Agreement in Newport Beach, California, as of the date stated first above. "City": "Church": City of Newport Beach, a California municipal co By: �V '1 Title: Date: Approved: rporation 1p/.. ;1w City Attorney 1995. The Rector, Wardens and Vestrymen of St.James Parish in Newport Beach, California, a California nonprofit corporation, Date: 19. By: 191a T i t l e: =xe-..i L{�Lf�1_ 0 FINLEY AVE. E:::In I O / •Ltc�NsE - RFO qq-FOR IRlW Lfne \, ?MK ING. C� \ 36 Cars (V/ 66 Cars O O • a O 1 > 1 46 Cars Building i Buildin B A 22 c rs I Uou BuildingC 10 Cars I s Fire Station BuiIdMO D Building E: 19 Cars 32ND.STREET T 3 J J a . , raxmatT A TO REUPROCAL PARKING LICE*ISE AGIMEM W EXISTING SITE PLAN The Blurock Partnership/Architects &Planners EXhidlT ILLUSTRATING PROPOSED PArSKING NOT TO SCALE EXHIBIT C TO RECIPROCAL TAeKIMG LI MASE A6RErcmevAT, 32ND STREET i I t } ps, LL u T f r• L �f' t fr ut' u• er It- n' u.v � tv nc I I Auer •s p t �lftt"t — cw O' II 14 its, x nr. L , • n' n - / I / —� 31ST. STREET TOTAL NUMBER OF PARKING SPACES- 80 x TO: SUBJECT: { } t s City Council Meeting May 8. 1995 Agenda Item No. CITY OF NEWPORT BEACH Mayor and Members of the City Council Planning Department A Genera] Plan Amendment No. 88-2(E) Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use, and the acceptance of an environmental document. 0 B. Local Coastal Program Amendment No. 36 Request to amend the Local Coastal Program Land Use Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. C. Amendment No.818 Request to amend a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GEIF [0.5/.75] District. Ito D. Use Permit No. 3549 Request to allow the phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms. The proposal also includes a use permit to allow the transfer of development rights to the church site, from property located at the southwesterly comer of 32nd Street and Lafayette Avenue and the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height; the approval of an off -site parking arrangement; and the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area. t t TO: City Council - 2 AND E. VarianceNo.1204 Request to allow the proposed development to exceed .5 times the site area on property with a .5/.75 variable Floor Area Ratio. 0 F. Lot Line Adjustment No.95-2 Request to permit a lot line adjustment so as to combine five existing parcels of land into one parcel for church purposes, on property to be zoned GEIF [0.5/.75]. LOCATION: Church Site: Lots 1197, 1198, 1199, and 1200, Tract 907 and a portion of Lot 6, Tract No.1117 located on the southwesterly corner of Via Lido and Via Malaga. Off -Site Parking Location: Lots 7-12, 16-21, and portions of Lots 13 and 15, Block 530, Lancaster's Addition, located on the southwesterly corner of 32nd Street and Lafayette Avenue, in the Central Newport. ZONES: RMC and SP-6 APPLICANT: St. James Episcopal Church, Newport Beach OWNER: Same as applicant Aoolications This item involves a request to amend the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan so as to redesignate the subject property from `Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. The proposal also includes: a request to amend a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GEIF [0.5/.75] District; a use permit to allow the phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms; a use permit to allow the transfer of development rights to the church site, from property located on the southwesterly comer of 32nd Street and Lafayette Avenue; the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height; the approval of a variance to allow the proposed development to exceed .5 tunes the site area; the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area, the approval of an off -site parking arrangement, and the approval of a lot he adjustment so as to combine 5 existing parcels into I parcel. General Plan and Local Coastal Program amendment procedures are set forth in Council Policy Q-l. Amendment procedures are set forth in Chapter 20.84 of the Municipal Code, use permit procedures are set forth in Chapter 20.80 of the Municipal Code; variance procedures related to Floor Area Ratio provisions are set forth in Chapter 20.82 of the Municipal Code, and lot line adjustment and modification procedures are set forth in Chapter 20.81 of the Municipal Code. y TO: City Council - 3 Supnested Action Hold hearing; close hearing; if desired, (a) Adopt Resolution No.� approving General Plan Amendment No. 88-2 (E), amending the Land Use Element of the General Plan so as to'redesignate the easterly 114 feet of Lot 6, Tract No. 1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use; and (b) Adopt Resolution No._, approving Amendment No. 36 to the Local Coastal Program Land Use Plan, so as to redesignate the easterly 114 feet of Lot 6, Tract No. 1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use; and (c) Adopt Ordinance No._ (Amendment No. 818), amending a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GE1F [0.5/.751 District; and (d) Sustain the action of the Planning Commission approving Use Permit No. 3549, Variance No. 1204 and Lot Line Adjustment No. 95-2. Planning Commission Recommendation At its meeting of April 6, 1995, the Planning Commission approved the above applications (5 Ayes, 2 Absent). Attached for the City Council's information is an excerpt of the Planning Commission minutes dated April 6, 1995 and the Planning Commission staff report for the proposed project. PLANNING DEPARTMENT JAMES D. HEWICKER, Director W. William Ward Senior Planner Attachments: Planning Commission staff report with attachments dated April 6, 1995 Excerpt of the Planning Commission minutes dated April 6, 1995 Resolution No. _ for General Plan Amendment No. 88-2(E) Resolution No. _ for Local Coastal Program Amendment No. 36 Proposed Ordinance Site Plan, Floor Plans and Elevations FAwp51lp1annin6Nbi11-w%Up1Up3549.¢2 Planning Commission Meeting _April 6. 1995 Agenda Item No. 6 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A. General Plan Amendment -No, 88-2(E) (Public Hearing) Request to amend the Land Use Element of the General Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use, and the acceptance of an environmental document. B. Local Coastal Program Amendment No. 36 (Public Hearing) Request to amend the Local Coastal Program Land Use Plan so as to redesignate the subject property from "Retail Service Commerciar' use to "Governmental, Educational, and Institutional Facilities" use. ►Io C. Amendment No. 818 (Public Hearing) Request to amend a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GEIF [0.5/.75] District. M D. Use Permit No. 3549 (Public Hearing) Request to 'allow the phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms. The proposal also includes a use permit to allow the transfer of development rights to the church site, from property located at the southwesterly comer of 32nd Street and Lafayette Avenue and the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height; the approval of an off -site parking arrangement; and the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area. TO: Planning Commission - 2. 0 [5�` • O • M Ste` Request to allow the proposed development to exceed .5 times the site area on property with a .5/35 variable Floor Area patio. WE G. Lot Line Adjustment No. 95-2 bbc Hag) Request to permit a lot line adjustment so as to combine five existing parcels of land into one parcel for church purposes, on property to be zoned GEIF [0.5/.75]. LOCATION: Church Site: Lots 1197, 1198,1199, and 1200, Tract 907 and a portion of Lot 6, Tract No.1117 located on the southwesterly comer of Via Lido and Via Malaga. Off -Site Parking Location: Lots 7.12,16-21, and portions of cats 13 and 15, Block 530, Landcaster's Addition, located on the southwesterly corner of 32nd Street and Lafayette Avenue, in the Central Newport, ZONES: RMC and SP-6 APPLICANT: St. James Episcopal Church, Newport Beach OWNER Same as applicant This item involves a request to amend the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan so as to redesignate the subject property from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. 'The proposal also includes: a request to amend a portion of Districting Map No. 4 so as to reclassify the subject property from the RSC-H District to the GEIF C0.505] District; a use permit to allow the phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitdvA administrative offices, library and classrooms; a use permit to allow the transfer of development rights to the church site, from property located on the southwesterly corner of 32nd Street and Lafayette Avenue; the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height; the approval of a variance to allow the proposed development to exceed .5 times the site area; the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design ofthe off site parking area; the approval of an off -site parldrig arrangement; and the approval of a lot line adjustment so as to combine 5 existing parcels into 1 parcel. General Plan and Local Coastal Program amendment procedures are set forth in Co iner`i Policy Q-1. Amendment procedures are set forth in Chapter 20.84 of the Municipal Code; use permit procedures am set forth in Chapter 20.80 of the Municipal Code; variance procedures related to Floor Area Ratio provisions are set forth in Chapter 20.82 of the Municipal Code, and lot line adjustment and modification procedures are set forth in Chapter 20.81 of the Municipal Code. TO: Planning Commission - 3. Conformance with the General Plan and the Local Coastal Program Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan currently designate the original church site for "Governmental, Educational and'Institutional Facilities" use. The expanded church properly, which includes the adjo'uimg property to the west which was previously owned by the Assistance League, and the southwesterly corner of 32nd Street and Layfette Avenue, are designated 'Retail and Service Commercial" and `Retail and Service Commercial and Industrial" uses, respectively. Although the existing and proposed church use is a permitted use within the "Retail and Service Commercial" designation, the applicant is requesting to reclassify the property previously owned by the Assistance League from `Retail Service Commercial" use to "Governmental, Educational and Institutional Facilities". Such a change, will classify the entire church facility as "Governmental, Educational and Institutional Facilities". Environmental Significance In accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Council Policy K-3, an Initial Study has been prepared for the proposed project. Based on the information contained in the Initial Study, it has been deterinined that the project will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared for the project and is attached for the Planning Commission's information. Subject Prropegy and Surrounding Land Use The subject property is comprised of two sites: the church facility site which includes the original church facility and the expanded portions of the church which occupy buildings previously owned by the Assistance League; and the off -site parking site which is located across 32nd Street and includes the former Bank of Newport facility. To the north of the church facility site, across Via Malaga, is the Christian Science Church and related parldng; to the northeast, across Via Lido, is a parking lot and office for the Lido Sailing Club; to the southeast, across Lafayette Avenue, is the Park Lido residential condominium project; and to the south is the old Bank of Newport facility which the church uses for meetings and conferences and an off -site parking area for the five story building located at 3388 Via Lido. Analysis Existing church activities generally include Sunday worship services at 7:30 am., 9:OQ a.m. and 10:45 a.m. and Sunday church school at 9:00 a.m. Midweek activities include a 12:00 noon worship service and a variety of evening programs such as adult education and discipleship, youth programs, adult and children choirs which are conducted between 7:00 p.m. and 10:00 p.m. The applicant is proposing a two phased redevelopment of the existing church facility. Phase 1 which is scheduled to begin this summer will include the removal of all buildings except the main church building located on the easterly portion of the site, and the construcction of a new two-story building which will include a parish hall and related Idtchen, a library, classrooms, a nursery, a pre-school, administrative offices and reception, bathrooms and general storage. Phase 2, which is not expected for six to eight years, will include the construction of a new 375 seat sanctuary, a small chapel, and a TO: Plan►ang Commission - 4. choir rehearsal room. On the ground floor, the new sanctuary will be separated from the parish hall by a large 1,5004; square foot courtyard which is oriented to 32nd Street which will be the main entrance to the church. The courtyard and pedestrian areas adjacent to the parish hall will be enclosed by a 4 foot 6 inch high raised planter between the wall and the public sidewalk (see south elevation on Sheet 5 of attached plans). The architectural style of the project will be Mediterranean with composite, flat, red roof tiles and stucco wall surfaces. The new sanctuary will have an average height of 304: feet and a maximum ridge height of 34 feet. The new parish hall will have an average height of244: feet and a ridge height of 281 feet, as well as a central skylight which will have an average height of 32+ feet and a maximum ridge height of 34t feet. All of the proposed buildings conform to the 35 foot height limit for churches, with the exception of the proposed bell tower and 8 foot cross which have a height of 50 and 58 feet, respectively. In accordance with Section 20.02,080 of the Municipal Code, any church building in excess of 35 feet will require a use permit for such a roof height. Staff has no objections to the proposed bell tower inasmuch as it represents a very small portion of the church building and it is located adjacent to Via Lido so as not to minimize any possible problem with scale relationship with adjoining buildings and view obstruction for the Park Lido Condominiums, It is stabs further opinion that the proposed tower is in keeping with traditional church architecture and acts as an important architectural focus for the project. In the same regard, staff has no objections to the proposed 8 foot high cross on top of the tower, inasmuch as it will be non -illuminated and be constructed of metal. Floor Area Ratio Provisions The Land Use Element also establishes area specific land use policies throughout the City. These "area" policies set a floor area ratio (FAR) development limit of 0.5/0.75 FAR on the subject property. Based on this requirement, the Base Development Allocation for the church site is 0.5 times the site area or 13,007;L- square feet (26,014f sq.R. x 0.5 >_ 13,007f sq.R.). Staff has calculated the gross floor area of the proposed church facility at 26,962+ square feet or 1.636 FAR; however, the attached site plan indicates the proposed gross floor area is 25,2201 square feet or .969 FAR In either case, the proposed project exceeds the allowable Floor Area Ratio. It is believed that the difference between staffs calculation of gross floor area and the applicant's is that the applicant did not include those portions of the project which measure more than 18 feet from finished floor to the average height of the roof above, as occupying two floor levels. As represented in the attached plans, the nave area of the sanctuary includes an average height of 29t feet above the finished floor and the social hall includes portions with an average roof height of 23 feet and 31 feet above finished floor. In the building bulk provisions contained in Section 20.07.050 of the Municipal Code, the floor area within these portions of the project should be counted twice. However, it should be noted that the building bulk provisions were originally established with commercial buildings in mind and not churches. Due to the unique aspects of church architecture, which often includes high, vaulted ceilings, it may not be appropriate to apply the building bulk provisions to churches. This position is supported by the fact that in accordance with Section 20.02.080 of the Municipal Code there is no attempt to control the height of churches except to require a use permit if the building height exceeds 35 feet. Therefore, the building bulk provisions and the height limit provisions seem to be somewhat in opposition If the Planning Commission were not to apply the building bulk provisions to the new sanctuary, the gross floor area of the project would be 24,8864: square fat or 2,076 square feet less. For the purpose of the following analysis, staff has used this reduced figure which does not apply the building bulk provisions to the sanctuary. TO: Planning Commission - 5. In addition to the General Plan provisions, Chapter 20.07 of the Municipal Code classifies churches as a Maximum FAR use which allows such uses to exceed the Base Development Allocation, up to 0.75 times the site area, subject to the approval of a variance as set forth in Section 20.82.020 D of the Municipal Code. In accordancewith said provisions, a variance may be approved to exceed the "Base FAR" (0.5) up to the "Maximum FAR" (0.75), consistent with the provisions of the General Plan Land Use Element and Section 20.07.040 and, ffall of the additional findings are made: 1. It has been demonstrated that the traffic to be generated by the proposed Maximum FAR use will not exceed that which would be generated if a use generating 60 trip ends per 1,000 sq.ft, per day and 3 trip ends per 1,000 sq.ft. at peak hour, were developed at a floor area -ratio of 0.5 Traffic generation shallbe determined in accordance with City Council Policy S-1. 2. The projections of traffic to be generated utilize standard traffic generation. -rates generally applied to a use of the type proposed per City Council Policy S-1. 3. The building tenants would be restricted to the uses upon which the traffic equivalency was based. 4. The proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 5. The increased development, including above grade covered parking, does not create abrupt changes in scale between the proposed development and development in the surrounding area. 6. That the proposed use and structures, including above grade covered parking, are compatible with the surrounding area. 7. The increased development, including above grade covered parking, will not result in significant impairment of public views. 8. That the site is physically suitable for the development proposed, including above grade covered parking, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. Where development at an increased floor area ratio is approved, a covenant shall be recorded Which would bind the current and future property owners to the Maximum FAR uses upon which the traffic equivalency for the higher floor area was based Inasmuch as the proposed development exceeds the Base Development Allocation, the applicant is requesting the approval of a variance to increase the allowable Floor Area Ratio from 0.5 to 0.75 as permitted by Section 20.82.020 D of the Municipal Code. Staff has no objections to such an action, inasmuch as a typical church use has a daily trip generation of less than 60 trips per 1000 sq.ft. and peak hour traffic generation of less than 3 trips per thousand, and father, it is staffis opinion that all of the above findings can be reasonably be made in conjunction with the proposed project. U TO. Planning Commission - 6. Should the Planning Commission approve a development allocation of 0.75 tunes the site area (19,5101 square feet), the proposed project would still exceed the specified floor area by approximately 7,452f square feet based on staff s calculation of the gross floor area (26,962:L- sq.ft. - 19,51a - 7,45U sq.ft.). Therefore, the applicant is requesting approval to transfer 7,452f square feet of development rights from the off -site parking lot to the church site. In accordance with the provisions of Section 20.07.070 of the Municipal Code, transfer of development intensity from one site to another may be permitted provided that the resulting floor area on the increased site does not exceed 1.0 times the site area and provided that the following findings are made in conjunction with the approval 'of a use permit: The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. 2. The transfer of development intensity will result in a net benefit to the aesthetics of the area. 3. The increased development on the site, including above grade covered parking, does not create abrupt changes in scale between the proposed development and development in the surrounding area. 4. The proposed uses and structures, including above grade covered parking, are compatible with the surrounding area, 5. The increased development on the increased site, including above grade covered parking, will not result in significant impairment of public views. 6. The increased site is physically suitable for the development proposed, including above grade covered parking, taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. 7. The transfer of development intensity will not result in a net negative impact on the circulation system. 8. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. 9. The proposed uses and physical improvements are such that the approved projects would not readily lend themselves to conversion to higher traffic generating uses. Staff has no objections to a transfer of development, utasrnuch as all of the above findings can be reasonably be made in conjunction with the proposed project. However, inasmuch as the maximum allowable gross floor area permitted on the increased site Is 1.0, the maximum allowable transfer in this case is it 6,504-1 square foot transfer. Such a transfer would Increase the allowable development of the site to 26,014 square fed of 1.0 FAR. Inasmuch as the project includes 24,8864: square feet, assuming the building bulk provisions are not applied to the sanctuary, the proposed project will be less than 1.0 times the site area Should the Planing Commission determine that the building brills provisions should be applied to the sanctuary, it will be necessary for the applicant to reduce the square footage of the project by 94U square fed or lower portions of the buildings which have a clear average height in �1 TO: Planning Commission - 7. excess of 18 feet (parish hall and nave area of the sanctuary). Should the Planning Commission wish to apply the building bulk provisions to the project and require the reduction in square footage, the following finding and condition should be added to the attached Exhibit "A" as replacements to the Finding No. 19 and Condition No. 11 of Use Permit No. 3549. Finding 19. That the building bulk provisions as set forth in Chapter 20.07 of the Municipal Code are appropriate in this case and should be applied to churches that are located within established commercial areas. Condition l 1. That the gross floor and/or the building bulk of the proposed project shall be reduced so as not to exceed 26,014 square feet. Proposed Zone Change Amendment The existing church site is currently zoned RSC-H. Although church uses are permitted within the RSC-H District, subject to the approval of a use pemut, the most appropriate zoning in order to be consistent with the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan is GEIF. Therefore, staff has included a proposal to rezone the church site from the RSC-H District to the GEIF District. Under the new zoning classification, the church would still be subject to the approval of a use permit However, the GEIF District does not include a specific, allowable gross floor area; therefore, it is necessary to designate the allowable base Floor Area Ratio on the Districting Map. In light of the previous discussion which supports the transfer of development rights and the approval of a variance in order for the applicant to achieve the desired Floor Area Ratio of 1.0, staff suggests that a flexible FAR of GEIF [0.5/.75] be established for the site on the Districting Map. Such a change would be consistent with the allowable Floor Area Ratios of surrounding commercial properties. i Off -Street Parking Requirement In accordance with Section 20.30.035 of the Municipal Code, churches are required to provide one parking space for each three seats in the principal area of worship. Inasmuch as the existing church was constructed at a time when there was no off-street parking requirement for churches, it is considered to be pre -misting nonconforming relative to the off-street parking requirement. ITistorically, the church has not provided any off-street parking; however, in the last few years, the church has purchased the old Bank of Newport site which currently provides 50 off -site parking spaces. In light of the fact that the off-street parking requirement is connected to the number of seats in the sanctuary, and that the proposed project will be constructed in two phases spanning six to eight years, the required and proposed parking has been considered separately for each phase of the project. During Phase 1, the existing 225 seat sanctuary will remain and approximately 19,000 square feet of existing buildings used for classroom, offices and meeting rooms will be removed from the church site. Technically, during Phase 1, the church is not required to provide any off-street parking inasmuch as the pre -misting nonconforming sanctuary will remain; however, the church will continue to provide 50 parking spaces in the off -site parking lot. In addition to their own off -site parking, the Church also obtained the City CounciPs approval of a Reciprocal Parking Licenses Agreement on March 27, 1995 which will allow a shared parking l� .h TO: Planning Commission - S. arrangement between the City and the church. Under the term of the agreement, the church will be allowed to use 25 parking spaces on Saturdays and 45 parking spaces on Sundays and City Holidays, within the City Hall parking areas shown on Exhibit "A" to the attached Reciprocal Parking License, The hours of use for such parking will be from 7:00 am. to 6:00 p.m. In exchange for such parking, the church agreed to allow the City to use 50 percent of the parking spaces located in the off -site parking lot owned by the church between the hours of 7.00 a.m. and 6:00 p.m. Monday through Friday. Based on the above figures staff has prepared the following table which sets forth the proposed Phase 1 parking for the church. Church Off -Site Parking Location City Hall OXSite Parking Location Total Monde - Friday Saturday - Sunda & Holidays Day NrIght Day Ylght, 25 0 50 0 50 45 50 45 25 50 95 95 As indicated in the above table, 95 parking spaces will be available to the church on Sunday mornings which is their highest parking demand. If the existing church were built today, it would have a packing requirement of 75 spaces, based upon one parking space for each 3 seats in the 225 seat sanctuary. Therefore, the proposed Phase 1 parking exceeds that which would be required by the Municipal Code on Sunday mornings. Inasmuch as Phase 2 of the proposed project represents a total reconstruction of the church sanctuary, the applicant will be required to meet the current o$.street parking requirement for the new sanctuary. Based on the parking formula of one parking space for each three seats, the 375 seat sanctuary will require 125 parking spaces'. In order to satisfy this requirement, the applicant is proposing to remove the old bank building from the church owned off -site parking area and redesign and expand the parking lot to provide 80 parking spaces. Along with the 45 parking spaces provided in conjunction with the reciprocal parking agreement with the City, a total of 125 parking spaces will be provided. The following table sets forth the Phase 2 parking for the project. Church Off -Site Parking Location City Hail 0ff-Site Parking Location TOW Monde - Friday Saturday - Sundav&Holidays Day 91ght Day Night 40 0 80 0 80 4S 80 45 40 80 125 125 It is also noted that the applicant is requesting approval of a modification to the zoning Code so as to allow four of the proposal parking spaces included in the Phase 2 design of the church rch owned off -site parking area to be tandem parking spaces, Staff has no objections to such a proposal inasmuch as the tandem spaces will be used by church staff who typically arrive and leave the church facility before the r The front dwd of the attached*" inoorrectly dndiata that the required ofr area! puling for the church is 90 tukhs spaces. // • Y'r TO: IPlanning Commission - 9. parishioners. The City Traffic Engineer has no objections to the tandem spaces provided that they are marked for staffparking only. Lot Line Aduustment The subject property is currently comprised of five legal lots or portions of lots. In accordance with the provisions of Section 20.87.090 of the Municipal Code, when a building site is comprised of more than one parcel or lot and such building site has or intends to have a building cross over an existing parcel or lot line, it is required that prior to the issuance of building permits, said parcels or lots must be combined into a single parcel. In order to accomplish this, the applicant is requesting approval of a lot line adjustment so as to combine the five lots into a single parcel of land. Staff has no objections. Conclusions and Specific Findings Section 20.80.060 of the Municipal Code provides that in order to grant any use pemut, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Section 20.82.020D of the Municipal Code requires specific findings be made in order to approve a variance to allow a Maximum FAR use to exceed the Base Development Allocation. In the same regard, Section 20.07.070 of the Municipal Code requires specific findings be made in order to allow the transfer of development intensity from one sit to another. The adoption and amendment to the General Plan is considered a legislative act on the padof the City, and State Planning Law does not set forth any required findings for either approval or denial of a General Plan Amendment. This also applies to amendments to the Local Coastal Program and Zoning Ordinance. Should the Planning Commission desire to approve this proposal, the findings, conditions and suggested actions set forth in the attached Exhibit "A" are recommended. Staff has not included an exhibit for denial of the subject applications inasmuch as we are unable to determine sufficient findings for denial. However, the possibility remains that information may be provided at the public hearing which may provide adequate basis for denial of the project should the Planning Commission wish to take such an action. PLANNING DEPARTMENT James D. Hewicker, Director By W. William ward Senior Planner c= TO: Planning Commission -10. Attachments: Exiu'bit "A" vicinity Map Negative Declaration Resolution No. — for General Plan AmendmentNo. 8&2 ) ResolutionNo. _ for Local Coastal Program AmendmentNo, 36 Resolution No. _ for Amendment No. 818 Reciprocal Parking License Agreement between St. James Church and the City Site Plan, Floor Plans and Elevations �3 TO: Planning Commission -11. EXHIBIT "A" FINDINGS AND CONDITIONS AND ACTIONS FOR APPROVAL OF GENERAL PLAN AMENDMENT NO 88-2(E), LOCAL COASTAL PROGRAM AMENDMENT NO.36, AMENDMENT NO.818, USE PERMIT NO.3549, VARIANCE NO. 1204, LOT LINE ADJUSTMENT NO.95-2 AND RELATED ENVIRONMENTAL DOCUMENT A ENVIRONMENTAL DOCUMENT FindW s: 1. That the contents of the environmental document have been considered in the various decisions on this project. 2. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. 3. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto and that if the mitigation measures are incorporated into the project, it will not have the potential to significantly degrade the quality of the environment. 4. That no cumulative impacts are anticipated in connection with this project. 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. 6. That the findings made in regard to the Environmental Document described above also apply to the action taken on Use Permit No. 3549 and Variance No. 1204. Mitieation Measur 1. Prior to issuance of a building permit for any expansion, a General Plan Amendment and a Local Coastal Program, Land Use Plan Amendment shall be approved by the City of Newport Beach and the California Coastal Commission, redesignating the former Assistance League portion of the property for Governmental, Educational and Institutional Facilities. 2. Prior to issuance of a grading or building permit the applicant shall demonstrate to the Planning and Building Departments that all appropriate structural and non-structural best management practices will be incorporated into the project as required by the National Pollutant Discharge Elimination System (NPDES) Drainage Area Management Plan .4 . TO: Planning Commission -12. Prior to the issuance of a building permit for the planter wall, a landscape plan for the planter wall shall be submitted for the review and approval of the Planning Department. This landscape plan shall incorporate both upright and cascading landscape elements to soften the visual presence of the wall. The landscaping shall be installed in conformance with the approved plan prior to the building permit being finaled. 4. Prior to the issuance of any building permit, the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied 13i, uR4 Z • • Adopt Resolution No._ (attached) recommending to the City Council the adoption of General Plan Amendment No. 88-2(E), amending the Land Use Element of the Newport Beach General Plan so as to redesignate the easterly 114 feet of Lot 6, Tract No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and institutional Facilities" use. • • : • • .mot • —M • Adopt Resolution No. (attached) recommending to the City Council the adoption of Local Coastal Program Amendment No. 36, amending the Land Use Plan of the Newport Beach Local Coastal Program so as to redesignate the easterly 114 feet of Lot 6, Tract No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. Adopt Resolution No.,,_,_, (attached) recommending to the City Council the approval of Amendment No. $18, amending a portion of Districctinng Map No. 4 so as to reclassify the easterly 114 feet ofLot 6, Tract No.1117 and Lots 1197-1200, Tract No. 907 from the RSC- HDistrict to the GELF [0.5/.75) District. ' �i: ulti � • 1. That the existing and proposal f &ty is consistent with the Land Use Element of the General Plan, the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parldtrg is proposal within the off -site parldng area for both phases of the proposed development on the subject property. 3. That the proposed development will not have any significant environmental hpaa TO: Planning Commission - 13. 4. That the off -site parking areas are located so as to be useful in conjunction with the church use. 5. That the proposed off -site parking will not create undue traffic hazards in the surrounding area. 6. That one of the off -site parking areas is owned by the church and the other is approved for the churcWs use in accordance with the terms of an approved off -site parking license agreement with the City. 7. That the proposed bell tower and eight foot high cross, which are in excess of 35 feet in height, are in keeping with the architecture of the church and the surrounding area, and will not obstruct any public or private view to the ocean or bay. 8. The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. 9. The transfer of development intensity will result in a net benefit to the aesthetics of the area. 10 The increased development on the site does not create abrupt changes in scale between the proposed development and development in the surrounding area. 11. The proposed uses and structures are compatible with the surrounding area. 12. The increased development on the increased site will not result in significant impairment of public views. e .. s 13. The increased site is physically suitable for the development proposed taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. 14. The transfer of development intensity will not result in a net negative impact on the circulation system. 15. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1." 16. The proposed uses and physical improvements are such that the approved projects would not readily lend themselves to, conversion to higher traffic generating uses. 17. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 18. That public improvements may be required of a developer per Section 20.80.060 & 20.82.050 of the Municipal Code. /1� rw• TO: Planning Commission -14. 19. That the application of the building bulk provisions contained in Chapter 20,07 of the Municipal Code to the design of the proposed sanctuary is inappropriate inasmuch as said provisions were not established with churches in mind and further, that the unique architectural style of churches are distinctly different from the typical commercial building. 20. The approval of Use Permit No. 3549 will nok, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further, that the modification to the Zoning Code so as to allow a portion of the parking spaces within the church owned off -site parking area to be tandem spaces will not be detrimental to surrounding properties and is consistent with the legislative intent of Title 20 of this Code, 1. That the proposed development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That all improvements be constructed as required by Ordinance and the Public Works Department. 3, That the design of the parking lot shalt conform with the City's standards and further, that the parking, vehicular circulation and pedestrian circulation systems for the project shall be subject to further review by the City Traffic Engineer. 4. That all of the church staff shall park in one of the approved off -site parking areas at all tunes, and the four tandem parking spaces located in the church owned parking area shall be marked for staff parking only. 5. That the required number of handicapped parking spaces shall be designated within the church owned off -site parking area and shall be used solely for handicapped self-parft One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 6. That the applicant shall comply with all term and provisions of the reciprocal parking license agreement approved by the City Council at its meeting of March 27, 1995 so as to allow the church the use of 45 parking spaces within the City HAD parking area on Saturdays, Sundays and holidays, from 7:00 I.M. to 6:00 p.m. 7. That a minimum of 50 parking spaces shall be provided in the church owned off -site parking area during Phase 1 of the proposed project. At the completion of Phase 2 of the prc jeck a minimum of80 parking spaces shall be provided in said parking area. 8. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with each phase of the project. Prior to occupancy, a licensed landscape architect shall certify to the /% 1 TO: Planning Commission -15. Planning Department that the landscaping has been installed in accordance with the approved plan. . 9. That the lighting system for the proposed project, including the off -site parking area, shall be designed in a manner so as to conceal the light source and mumimize light and glare to the nearby residential properties. The lighting plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the Engineer stating that, in his op'ution, this requirement has been met. 10. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the operation of the church. 11. That the gross floor area of the proposed project shall not exceed 26,014 square feet and further, the building bulk provisions -contained in Chapter 20.07 of the Municipal Code shall not be applied to the proposed sanctuary. 12. That the applicant shall obtain Coastal Commission approval of the proposed project prior to the issuance of building permits. 13. That all conditions of approval for Variance No. 1204 and Newport Beach' Lot Line Adjustment No. 95-2 shall be fulfilled. 14. That the applicant shall prepare a complete soil and geologic investigation report which shall include a liquefaction analysis. 15. That the applicant shall provide an additional fire hydrant to service the property, the location of which will be determined by the Fire Department. i 16. The project shall be equipped with a fire alarm system and an automatic fire sprinkler system. 17. That a Lot Line Adjustment be recorded prior to issuance of any Building Permits unless otherwise approved by the Public Works and Planning Departments. 18. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record the Lot Line Adjustment or obtain a building permit prior to completion of the public improvements. 19. That the proposed structure be set back along the 32nd Street frontage so that it does not encroach into the 4 foot wide utility easement located adjacent to and contiguous with the 32nd Street right-of-way. The utility easement presently contains a 6" water main. That an Encroachment Agreement be executed by the owner for. any planters or other encroachments into the easement.and that all encroachments be reviewed and approved by the Public Works Department and that there shall be no trees planted within the easement area. TO: Planning Commission -16. 20. That each building be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Utilities Department . 21. That the intersection of the parking lot drives, the alley and Lafayette Avenue be designed to provide sight distance for a speed of 25 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 22. That if it is desired to have a control gate at the parking lot entrances, the design shall be reviewed and approved by the Public Works Department and Fire Department. 23 That a 5 foot corner cutoff at the northwesterly comer of 32nd Street and Lafayette Avenue be dedicated to the public. 24. That cracked or displaced sections of sidewalk caused by trees planted on private property along the 32nd, Lafayette Avenue and Via Malaga frontages be reconstructed along the church and the parking lot frontages; that the unused drive approach on Via Malaga be removed and replaced with curb gutter and sidewalk; that curb access ramps be constructed at the comer of 32nd Street and Lafayette Avenue; that the unused parking lot drive approach on 32nd Street be removed and replaced with curb, gutter and sidewalk and that the unused portion of the drive approach on 31st Street be removed and replaced with curb, gutter and sidewalk. That all work be completed under an encroachment permit issued by the Public Works Department. 25. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. 26. That overhead utilities serving the site be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or impractical. 27. That a fire protection system acceptable to the Fire Department be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 28. That 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 it the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. TO: Planning Commission -17. 29. That this Use Permit shall expire unless Phase 1 of the proposed construction is exercised within 24 months from the date of approval as' specified in Section 20.80.090A of the Newport Beach Municipal Code. F. VARIANCE NO. 1204 Findings: 1. That it has been demonstrated that the traffic to be generated by the proposed church will not exceed that which would be generated if a use generating 60 trip ends per 1,000 sq. ft. per day and 3 trip ends per 1,000 sq.ft. at peak hour, were developed at a floor area ratio of 0.5. Traffic generation shall be determined in accordance with City Council Policy S-1. 2. That the projections -of traffic -to -be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. 3. That the church sanctuary will be restricted to the gross floor area and the number of seats in the sanctuary upon which the traffic equivalency was based. . 4. That the proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 5. That the increased development does not create abrupt changes in scale between the proposed development and development in the surrounding area. 6. That the proposed use and structures, are compatible with the surrounding area. 7. That the increased development will not result in significant impairment of public views. 8. That the site is physically suitable for the development proposed taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. Condition: That all conditions of approval for Use Permit No. 3549 and NewportBeach Lot Line Adjustment No. 95-2 shall be fulfilled. G. NEWPORT BEACH LOT LINE ADJUSTMENT NO.95-2 Findings: 1. That the project site described in the proposal consists of legal parcels. 2. That no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. TO: Planning Commission -18, 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan and the Focal Coastal Program Land Use Plan. 5. The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities. Conditions: / 1. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership shall be submitted to the Public Works Department for review. 2. Upon approval of the lot be adjustment, the lot be adjustment shall be submitted to the Public Works Department for checking. 3. The lot line adjustment and grant deeds shall be filed concurrently with the County Recorder and County Assessor's Offices. 4, That the approval of the Coastal Commission shall be obtained prior to the issuance of a building permit. �VVfL arr 1 or IEET M w as o YlCWIT**r MAQ �Nb F s!! N.EI Lq f DISTRICTING MAP " NEWPORT BEACH — CALIFORN R-A R'1 ADRIWLTURAI RESIDEMTISC SRIDtE fAMR.T RESIDCNMI III wU.TIRLf RESIDENTIAL R-0 WLL%RI RE$& NU IFLE M hr RESIDENMENANUEACTURDMI GENERAL EDNNEREIAL "Rl:r ,V CWfc.wCR.- 61vG. IL On. W. ar TUD. 24,1950 GUEl�. RAN AM�.nl Nr' tJ� SS•2(e), . Y. WAL COASTAL PRWAM AMENWE& No. 36. , M%DMmy we Vs's a? as". V 1204 IAMD .. CITY OF NEWPOR'T BEA.t,H POIST E D 3300 Ncrrport Boukrard • P.O. Box 176E Nenport Beath, CA 9265114915 "I 1995 (714) W-322S GAWLGRAN LE,Co.'rByCo NEGATIVE DECLARATION IV; Office of Planning and Research Q1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange xx PubtleServicaDivltion P.O. Box 838 Santa Ana, CA 92702 101-1 83295 From: City of Newport Beach Planning Department 3300 Newport Boulevud - P.O. Box 1768 Newport Beach, CA 926ZB91S (Orange County) Date received for filing at OPR/County deck: Publicreviewperiod mArnb A - ate, 7, ,g4s Nwne ojprojecte St. James Episcopal Church (GPA 88-21Eir LCP 36, UP 3549, V 1204, Project Location: 3209 Via Lido, Newport Beach Expansion of an existing church facility including a 375-seat ProjectDescriptiont sanctuary with tower and cross 58 feet high, chapel, parish hall an related kitchen, offices, classrooms and administrative facilities. Finding: Pursuant to the provistoos of City Council Policy X-3 pertaining to procedures and guldclines to Implement the California Environmental Quality Ad, the Environmental Affairs Committee has evaluated the proposed project and determined that the proposed project would not have a significant effect on the eovironment. A copy or the Initial Study containing the analysis supporting this finding is �Gttacbtd ❑ on file at the Planning Department. 71e initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision -makers) prior to final action on the proposed project, if a public heuiagwill be held to consider this project, a notice of the time and location is attached. Additional plans, studies and/or exhibits relating to the proposed project maybe avallable for public review. if you would like to examine these materials, you are lavited to contact the undersigned if you wish to appeal the appropriateness or adequacy ofthisdocument,yourcomments should besubmitted inwriting prior to the elm of thepublicreviewpedod. Your eommenushould specifieallyidentitywhat envuonmeotalimpacts you believe would result from the project, why they artstgaificaat, and what changes or mitigation measures you believe should be adopted to eliminate or re4ucc tbese impacts. There is no fee for this appeal. If a public hearing willbe held, you are also invited to attend and testify as to the appropriateness of this document. If you have any ques or would like further toformation, please contact the undersigned at (714) 644-3225. I L E D Date 3I G�95'' Jena V. D pjas, Al EnMAR 0 7 1995 +iro tat coot for 18 ttnt,<a N -ICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of St. James Evisconal Church for General Plan Amendment No. 88-2(E)t Local Coastal Pro ram Amendment No 36• Use Permit No 3549• Variance No. 1204; and Lot Line Adiustment No. 94- 18 on property located at 3209 V'ui Lido. Request to amend the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan so as t9 redesimate the subject property from "Retail Service Commercial" use to "Governmental. Educational. and Institutional Facilities" use The proposal also includes: a use pemut to allow the phased construction of a new_ prroo..rty located on the southwesterly corner of 32nd Street and Lafayette Avenue* the approval of a use permit the approval of a lot be adjustment so as to combine 5 existing parcels into 1 parcel, NOTICE IS HEREBY FURTHER GIVEN that a Nega five Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach 3300 Newport Boulevard, Newport Beach, Caffirnla, 92659-1768 (714) 644-3225. Notice is hereby further given that said public hearing will be held on the 6th day of April 1995, at the hour of 7.30 p.m in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Garold Adams, Secretary, Planning Commission, City of Newport Beach NOTE: The expense of this notice is paid from a filing fee collected from the applicant. 1:V i iM1• nf• ENVIRONMENTAL CHECKLIST FORM 1. Project Title: St. James Episcopal Church ' 8 32 9 •1 2. Lead Agency Name and Address: city of Newport Beach GGG...... 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8913 3. Contact Person and Phone Number. Bill Ward (714) 644-3200 4. Project Location: 3209 Via Lido Newport Beach, CA 92663 5. Project Sponsor's Name and Address: $4. James Episcopal Church 3209 Via Lido Newport Beach, CA 92663 6, General Plan Designation: 7. Zoning: RSC-H Governmental, Educational & Institutional Facilities 6 Retail & Service Commercie 8. Description of Project: (Describe the whole action Involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its Implementation. The phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms; a church tower and 8 foot cross which exceeds the 35 foot height limit; an off -site parking arrangement; and a lot line adjustment to combine 5 existing parcels into 1 parcel. 9. Surrounding Land Uses and Setting: (Briefly describe the, project's surroundings.) The project is located in the Via Lido/City Nall area of the City, at the head of the Balboa Peninsula. The site is surrounded by properties developed with retail, office and church uses. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) California Coastal Commission P®ST50l FILED MAR 0 7 1995 la;r.3 ►:71995 0MYL0RW1u.s,caa•R"d* GARYL 6RANWlIE, Cog*Clerker DENO a ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Land Use Planning ❑ Population & Housing ❑ Geological Problems ❑ Water ❑ Transportation! Circulation ❑ Biological Resources ❑ Energy & Mineral Resources ❑ Hazards ❑ Public Services ❑ Utilities & Service Systems ❑ Aesthetics ❑ Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 1 ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. 1 find that the proposed project MAY have a significant effect on the ❑ environment, and ENVIRONMENTAL IMPACT REPORT is required. find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain ❑ to be addressed. 2 �6 I rind that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. [] 31-G/9 s' dale Printed Name \l a� R. EVALUATION OF ENVIRONMENTAL IMPACTS: I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designa- tion or zoning? (source #(s): ) b) Conflict with applicable environ- mental plans or policies adopted by agen- cies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources' or operations (e.g. Impacts to soils or farmlands, or impacts from incompatible land uses)? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( ) if. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) induce substantial growth in an area either directly or Indirectly (e.g. through projects In an undeveloped area or extension of major Infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) Pdw"Wy pawealtr Urka Lau Uan in=t No kpxt k=Wetad S Impact knpxt ❑ ❑ M ❑ ❑ ❑ ❑ ❑ ❑ ❑ Cl ❑ ❑ ❑ ❑ ❑ S ❑ ❑ ❑ W ❑ ❑ ❑ ❑ ❑ ❑ Is 4 III, GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts Involving: 6) fault rupture? ( ) b) 'Selsmicground shaking ( ) c) Seismic ground railure, Including liquefaction? ( ) d) Sepche, tsunami, or volcanic hazard? ( ) e) Landslides ormudflows? ( ) A Erosion, changes In topography or un- stable soil conditions from excavation, grading, or rill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? ( ) i) Unique geologic or physical features? ( ) N. WATER. Would the proposal result Inc a) Changes In absorption rates, drainage patterns, or the tale and amount of surface runoff? ( ) b) Exposure or people or property to water related hazards such as flooding? ( ) c) Discharge Into surface waters or other alteration or surface water quality (e.g. temperature, dissolved oxygen or turbid- lty)? ( ) d) Changes in the amount of surface water in any water body? ( ) e) Changes In currents, or the course or direction of water movements? ( ) 9 Change In the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by txAs or excavaltons or through substantial loss of groundwater recharge capability? ( ) petwojaly s days snt No hood h=rp"d 117 d krfed ❑ ❑ M ❑ ❑ 13 ® ❑ ❑ ❑ M (O ❑ ❑ M CO ❑ ❑ ❑ M ❑ O ❑ M ❑ ❑ ❑ I3 ❑ ❑ ❑ a ❑ ❑ O C3 ❑ ❑ ❑ ❑ ❑ ® O ❑ O IM ❑ ❑ ❑ ❑ M ❑ ❑ O ❑ O ❑ 91 g. A1lered direction or rate of flow of groundwater? ( ) h. Impacts to groundwater quality? ( ) 4 Substantial reduction In the amount of groundwater otherwise available for public wale( supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) After air movement, moisture, or temp- erature, or cause any change in climate? d) Create objectionable odors? ( ) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in impacts to: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or Imcompatible uses (e.g. farm equipment? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) insufficient parking capacity on -site or off -site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ( ) g) Rail, waterbome or air traffic Impacts? ( ) a � sbntrkert th�iora ❑ 13 U= rrM S-19W" t Imped 13 103 IIL ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® t ❑ ❑ ❑ ❑ ❑ ❑ ❑ m ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 12 VII, BIOLOGICAL RESOURCES. Would the proposal result In Impacts to: a) Endangered, threatened or rare species or their habitats (Including but not limited plants, fish, insects, animals, and birds)? b) Locally designated species (e.9. heritage trees)? ( ) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal p000? ( ) e) Wildlife dispersal or migration conidors? ( ) Vill. ENERGY & MINERAL RESOURCES Would the proposal: a) conflict with adopted energy conserva- lion plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? ( ) c) Result In the loss of availability of a known mineral resource that would be of future value to the region and the residents of the stale? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (Including, but not limited to: oll, pesticides, chemicals or radiation)? ( ) b) possible Interference with an emergency response plan or emergency evacuation plant ( ) c) The creation of any health hazard or potential health hazard? ( ) d) Exposure of people to existing sources Of oolenlial health hazards? ( ) Pd rd* s10vnort Sydr cattt k4u,pft svihcrt No k" p"ad krpd k+pad ❑ ❑ ❑ M E3 ❑ ❑ 14 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ M ❑ ❑ ❑ fd ❑ ❑ ❑ ❑ ❑ ❑ IiiJ ❑ ❑ ❑ ®/ ; e) Development on or near it listed hazardous waste she pursuant to GovL Code Sec. 65982.5? ( ) q increased fire hazard In areas with flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal result In: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) XI. PUSUC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered govemmenl services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) C) Schools? ( ) d) Maintenance of public facilities, including roads? ( ) e) Other governmental services? ( ) Xil. UTILITIES & SERVICE SYSTEMS. Would the proposal result In a need for new systems or supplies, or substantial alterations to the following utilities? a) Power or natural gas? ( ) b) Communications systems? ( ) c) Local or regional water treatment or distribution facilities? ( ) d) Sewer or septic tanks? ( ) e) Stonn water drainage? ( ) 0 Solid waste disposal? ( ) g) Local or regional water supplies?( ) ❑ ❑ ❑ ❑ ❑ O ❑ ❑ ❑ ❑ 1@ ❑ ❑ ❑ ❑ 9 ❑ ❑ O Cl ❑ ❑ ❑ ❑ ❑ Do ❑ ❑ O 15 ❑ ❑' ❑ -IR ❑ ❑ O 12 ❑ ❑ ❑ is ❑ ❑ ❑ 13 ❑ ❑ ❑ 6 O ❑ ❑ ES ❑ ❑ O ❑ t .rt AVK Po(moof Le" 001 In"d kwPor3dad k�prcl krped Xili. AESTHETICS, Would the proposal' a) Affect a scenic vista or scenic ❑ C) ❑ ❑ highway? ( ) b) Have a demonstrable negative ❑ Cal ❑ ❑ aesthetic effect? ( ) c) Create light orglare? ( ) ❑ ❑ ❑ d) Affect a coastal bluff? ( ) ❑ ❑ ❑ ca XrV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) b) Disturb archaeological resources? ( ) c) Affect historical resources? ( ) d) Have the polential to cause a physical change which would affect unique :::.n►c or cultural values? ( ) s) Restrict existing religious or sacred uses within the potential Impact area? ( ) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional pans or other recreational facilities? ( ) b) Affect existing recreational opportunities? ( ) XV1. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quattty of the environment, substantially reduce the habliat of a fish or wildlife species, cause a fish or wildfire population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rareor endangered plant or animal or eliminate Important examples of the major period of California history or prehistory? ❑ ❑ ❑ [$ ❑ ❑ ❑ la ❑ ❑ ❑ In ❑ ❑ ❑ 13 ❑ ❑ ❑ fB ❑ ❑ ❑ 12 ❑ ❑ ❑ ❑ ❑ ❑ [a b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are Individually limited, but cumulatively considerable? CCumulatively considerable' means that the incremental effects of a project are considerable when viewed In connection with the.effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIi. EARLIER ANALYSES. PoratSaty srgrWCWt e" Vvn Srg.$c" slgNT'C" �� No knead krapasted krpad knpad ❑ ❑ ❑ 9 ❑ ❑ ❑ Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this rase a discussion should identify the following on allached sheets: a) Earner analyses used. Identify earlier analyses and state where they are available for review. b) gads adegualely addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Milioalion measures. For effects that are 'Less than Significant with Mitigation tnoorporaled; describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. f:1V.rin%PianningV M\DepREIRFORM 10 ENVIRONMENTAL ANALYSIS CHECKLIST EXPLANATIONS St. lames Church Expansion General Plan Amendment 88.2(E) Local Coastal Program Amendment No. 36 Use Permit No. 3549 Variance No. 1204 ,Lot Line Adjustment No, 94-18 Protect Descrintion The proposed project, if approved, will allow for the phased construction of a new church facility including a 375 seat sanctuary (with church tower and cross at a height of 58 feet), a small chapel, and a parish hall with related kitchen, administrative offices, library and classrooms. The applications under consideration are an amendment to the General Plan Land Use Element and the Local Coastal Program, Land Use Plan to redesignate the property from Retail and Service Commercial to Guvernmentai, Educational, and Institutional Facilities; a Use Permit to allow the church, allow the transfer of development rights to the church site from the site at the corner of 32nd Street and Lafayette Avenue, and to allow the church tower and cross to exceed a height of 35 feet; a Variance to allow the proposed use to exceed a Floor Area patio of 0.5; and a Lot Line Adjustment to combine 5 lots into a single parcel. This proposal includes the review and approval of conceptual site plans, floor plans and elevations. Prior to the issuance of building permits, the constructions plans will be reviewed for substantial conformance with these plans, if approved, as may be modified with adopted mitigation measures and conditions of approval adopted by the City of Newport Beach. Analysis I. Land Use and Planning Potential Impacts The site is located in the City Hall commercial area. The site is comprised of the original church facility area and the former Assistance League of Newport Beach property. The portion of the site occupied by the original church facilities is designated for Govennmental, Educational and Institutional Facilities (GEII.7, while the former Assistance League site is designated for Retall and Service Commercial use, Amendments to the General Plan Land Use Element and Local Coastal Program, Land Use Plan are proposed to change the land use designation of the Assistance League portion of the property to the GEIF category. The proposed land use is fundamentally the same as the existing land use, since the entire site is currently used for church and related support uses. The project, if implemented, will allow for the expansion and updating of the facilities. Uses in the vicinity of the project include other church facilities, offices, retail stores, restaurants and residential. Residential uses are located across Via rat; ut MdrH OW019 Eq tuuiiar a tea ern rxpvrtm 4 Lido and in the high-rise 601 Lido Park Drive building. No land use conflicts are currently experienced in the neighborhood, nor are any new conflicts anticipated as a result of project implementation. The proposed amendments to the General Plan Land Use Element and the Local Coastal Program, Land Use Plan will eliminate any conflicts with these documents. The project is located in the Coastal Zone, and a Coastal Development Permit is also required. The project site is not in an agricultural area and no agricultural resources will be affected by the project. The project site is contained within a single city block:, and will not change the physical arrangement of community, nor affect any low income or minority community. Mitigation Since the proposed project is inconsistent with the existing General Plan Land Use Element and the Local Coastal Program, Land Use Plan, the following mitigation measure is required: Prior to issuance of a building permit for any expansion, a General Plan Amendment and a Local Coastal Program, Land Use Plan Amendment shall be approved by the City of Newport Beach and the California Coastal Commission, redesignating the former Assistance League portion of the property for Governmental. Educational and Institutional Facilities. Level of Significance Compliance with the required mitigation measure will eliminate any significant impacts. _ II. Population and Housing Potential impacts The proposed project is not residential, and will have no .affect on regional or local population projects, which are based on dwelling unit counts. No secondary growth in population will occur, since the church will not add any employees as a result of the facility expansion. The project will not displace any existing housing, since the project site is currently used as a church. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated. Z FnwavnenW An -I —Is Chaklist EIplwliom St. Iona Church Epnsion III Geologic Problems Potential Impacts The project site is currently developed as a church. All of the existing facilities will be demolished and reconstructed. Therefore, ground disturbance, and potentially excavation and grading, will occur. There are no known active faults or areas of surface rupture within the site boundaries. However, the site is located in the Newport -Inglewood Fault Zone, and numerous additional faults underlie the Southern California region. Therefore, the project would be subject to groundshaking during earthquakes, and potentially to surface rupture if significant event occurred in close proximity to the site. The exposure of this site, however, is considered to be of no greater level of hazard than other sites in the vicinity, or the harbor area of Orange County generally. The site is located in an area which is potentially subject to liquefaction and is, therefore, subject to seismically induced ground failure. Given the site's proximity to both Newport Bay (an enclosed body of water) and the'Pacific Ocean, the site could be subject to seiche or tsunami. The exposure of this site, however, is considered to be of no greater level of hazard than other sites in the vicinity, or the harbor area of Orange County generally. There are no known volcanoes in the Southern California area, so there no potential impact from this hazard. The site is completely flat and in an urbanized area. Therefore, no impacts are anticipated as a result of landslides, mudflows, erosion, changes in topography or unstable soil conditions from excavation, grading or till. The site is not in an area identified for potential ground subsidence or expansive soils, so no impacts are anticipated from these hazards. The site is flat and currently completely developed, with no unique geologic or physical features. Mitigation The City Excavation and Grading Code (NBMC Sec. 15.04.140) contains requirements for geotechnical evaluation and erosion control methods to ensure that any future grading is done in such a manner as to muwnize the potential for erosion or unstable conditions. Compliance with Building Code structural requirements would ensure that buildings are designed to withstand expected levels ofgroundshaking during earthquakes. No additional mitigation is required. ar.rn.chUrAeV,Nim t� r Level of Sitmificance Compliance with the requirements of the Excavation and Grading Code and Building Code would reduce potential impacts below the level of significance. 1V. Water Potential Impacts While old buildings will be demolished and reconstructed, the actual use of both the church facility area and the parking areas will not be different from the current use upon completion of the proposed project. Therefore, there will be no changes in absorption rates, drainage patterns, or the rate and amount of surface runoff. The project site is in close proximity to both Newport Bay and the Pacific Ocean. Therefore, there is some risk of exposure of people and property to flooding. The exposure of this site, however, is considered to be of no greater level of hazard than other sites in the vicinity, or the harbor area of Orange County generally. During construction of the proposed project, there is some potential for impacts to water quality including soil erosion, spillage or leakage of fuel or oil from construction equipment. and construction debris, which could be washed into the ocean or Newport Bay via the storm drain system. After completion of the project, pollutants from parking areas (such as coolant, oil and grease drippings), and fertilizers and pesticides from landscaped areas could be washed into surface waters. The later impact, would be substantially the same as from the existing development, so no additional impacts are anticipated. The project is a small, in -fill development in an urbanized area, and does not involve the discharge of water as a result of the land use. Therefore, there are no impacts anticipated from changes in the amount of surface water in any water body; changes in the currents, or the course of direction of water movement; change in the quantity of ground water, alteration of the direction or rate of flow of ground water; change to ground water quality; or the reduction of the amount of groundwater available for public water supplies. Mitigation All grading activities are required to comply with the erosion control provisions of the City's Excavation and Grading Code (NBMC Sec. 15.04.140). In addition, the following mitigation measure is recommended. Z Prior to issuance of a grading or building permit the applicant shall demonstrate to the Plmning and Building departments that all appropriate stnuctural and non-structural best mcnagement practices will be -incorporated into the project as required by the National Pollutant Discharge Elimination System MDES) Drainage AreaManurgement Plan. 4 rssira Ul Analysis Checklist Eiy =dt SL Joys church E*p iw Level of SiWficanCe The requirements of the Excavation and Grading Code and the recommended mitigation measure would minimize pollutant runotiand would reduce potential impacts below the level of significance. V. Air Quality Potential Impacts The size of the project does not exceed the threshold of potential significance established by the South Coast Air Quality Management District. Additionally, the character and nature of the land will not result in any discharge into the air other than typical venting of buildings and occasional food preparation activities. Therefore, the project will not violate any air quality standard; contribute to an air quality violation; expose sensitive receptors to pollutants; alter air movement, moisture or temperature; cause any change in climate; or create objectionable odors, 4iti 'ation No mitigation is required. Level of Significance No significant impacts are anticipated. YI. Transportation/Circulation Potential impacts The overall floor area of the church facilities will increase by 6,328 sq.ft. Using the traffic generation rates in the Newport Beach Traffic Model, this will result in an additional 19.2 daily trips from the new facility. The Newport Beach Traffic Phasing Ordinance established it significance threshold of 300 average daily trips before expanded traffic analysis is required. Therefore, no significant effects from increased is anticipated as a result of the new development. The project is the demolition and reconstruction of an existing land use. No changes to emergency access will occur. Parking for the project will be provided through it combination of an existing parking lot across 32nd Street from the church facility and other off -site parking available in the City Hail complex. An olt=she parking agreement with the City of Newport Beach has been approved. Through this combined parking arrangement, the amount of parking required by the Newport Beach Municipal Code will be provided for the new development. Therefore, no impacts are anticipated in the area of parking. t1. )4ua Church t:�urian /�� The project is the reconstruction of an existing facility. As a result, there will be no changes or impacts in the areas of hazards or barriers for pedestrians or bicyclists; conflicts with adopted policies supporting alternative transportation; or rail, waterborne, or air traffic impacts. 14tieation No mitigation is required. Level of significance No significant impacts are anticipated. VIL Biological Resources Potential Impacts The proposed project is the phased reconstruction of an existing facility in an urbanized area. Therefore, no impacts are anticipated on biological resources, including endangered, threatened, or rare species or their habitats; locally designated species or natural communities;•wetland habitat; or the dispersion of wildlife and wild life corridors. iti ation No mitigation is required. Level of sienificance No significant impacts are anticipated. s VIM Energy & Mineral Resources Potential Impacts The project is a small, in -fill redevelopment of an existing land use. Implementation of the project will not conflict with any adopted energy conservation plans; use non-renewable resources in a wasteful and inefficient manner, or result in the loss of knoWri mineral resources of value to the region and the residents of the state. iti ati n No mitigation is required. Level of Sienificance No significant impacts are anticipated. 6 Ea%vaonKoW Analysis Cheddia DVlsnstions St Junes church Expansion D ;� TX. Hazards Potential impacts The proposed project is a church with related facilities located in a developed commercial area. Surrounding land uses are light commerciat and office uses, other church facilities, and residential. No hazardous materials will be associated with the project, nor are there any known sources of hazardous materials In the vicinity of the project. As a result, no potential impacts are anticipated from accidental explosion or release of hazardous substances; interference with an emergency response plan; the creation of any health hazard or potential health hazard; the exposure of people to existing sources of potential health hazards; the development on or near a listed 'hazardous waste site; or increased fire hazard in areas with flammable brush, grass, or trees. Mitigation No mitigation is required. Level of Significance No significant impacts are anticipated. X. Noise Potential impacts The project will generate increased noise levels during demolition and construction activities. Since the use will be substantially the same after implementation of the project, no changes to the ambient noise levels are expected in the vicinity of the project after completion. Any construction activity would be required to comply with the noise limitations in the City's Noise Ordinance MMC Chapter 10.28) and would be restricted to the hours of 7.00 a.m. to 6:30-p.m. weekdays and 8:00 a.m. to 6:00 p.m. Saturdays. No construction that produces loud noise is pemutted on Sundays or holidays. iti a' The hours of construction operations established by the Noise Ordinance would substantially reduce potential impacts to noise -sensitive uses in the area during construction. No other mitigation measures are proposed. Existing restrictions on construction hours, combined with the temporary nature of construction noise, would reduce construction noise impacts below the level of significance. 7 Wira�m,A+r Writ a wWot E*IwHiar h Jumc Owch E"ift XL Public Services Potential Impacts The proposed project is the phased demolition and reconstruction of an existing land use. No significant changes to the use of the property or the services provided on the property are anticipated. Therefore, no'changes to the demand for public services will be needed in any of the following areas: fire protection, police protection, schools, maintenance of public facilities including roads, or other governmental services. lti ation No mitigation is required. Level -of Siznificance No significant impacts are anticipated. XM Utilities & Service Systems Potential Impacts The proposed project is the phased demolition and reconstruction of an existing land use. No significant changes to the use of the property or the sences provided on the property are anticipated. Therefore, no changes to the demand for utility services will be needed in any of the following areas: power or natural gas, communications systems, local or regional water treatment of distribution facilities, sewers, stone water drainage, solid waste disposal, or local: or regional water supply. ti ation No mitigation is required. Level ofSienificance No significant impacts are anticipated. XIIL Aesthetics While the proposed project is a phased demolition and reconstruction of an existing facility, the project floor area will increase by an estimated 6,328 sq.R., or a 32% increase. The proposed project will also change the visual presence of the facility through the addition of a 58 foot high church tower and cross with architectural lighting as well as the installation of a property line fencelplanter on the 32nd Street property line. In many places along the exterior property lines of the site, the existing buildings are either set back or are one story elements. The new project will Ea,- d ,W Analysis rbxkliri Wvudow St. Jar= Church ERM%ian present greater visual mass, as well as place more prominent structures on or near the exterior property lines. In reviewing the site plan, the area of greatest concern js the visual aesthetics of the 32nd Street edge, since it Is on a highly traveled local collector street and the project site is nearly 300 feet long on this side property line. This is the elevation which includes the dual fencelplanter, Unless appropriately softened by landscape elements, this wall could present a harsh edge to pedestrians traveling along 32nd Street, as well as motorists in the vicinity. The proposed project is not located on a scenic highway and Is not located within it scenic vista. Therefore, no adverse effects are anticipate in these areas. The project may have an adverse negative aesthetic effect along the 32nd Street frontage as described above. The project will create new light from the proposed architectural lighting proposed for the new church tower. The project is not located on or near to any coastal bluffs, so no adverse effects are anticipated in this area. Mtigation Measures The potential aesthetic Impact which may occur with the installation of the property line planter wall could be mitigated if both upright and cascading landscape elements are incorporated into the design. This would soften both the overall height of the wall as well as visual presence of the long, S foot high stucco wall located on the property line. The following mitigation measure would ensure reduction of this possible impact to a less than significant level: 3. Prior to the Issuance of a building permit for the planter wall, a landscape plan for the planter wall shall be submitted for the review and approval of the Planning Department. This landscape plan shall hrcorporate both upright and cascading landscape elements to soften the visual presence of the wall. The landscaphng shall be installed In cot formance with the approved plan prior to the bulldingpermit being fnnalled The following mitigation measure is recommended to insure a less than significant impact front any architectural lighting of the building proposed: 4. Prior to the Issrntmce of easy buildingpermlt, the applicant shall demonstrate to the BoUng Department that the lighting system shall be designed directed and mat» tained in such a mamneras to conceal the light source and to minimize light spillage andglare to the adjacent residential uses The plansshall be prepared analsigned by a licensedArchitect or ZfecHcal Engineer, with a letter from the,lrchliect orEtgtneer stating that, to his or her opinion this requirement has been satisfied 9 srmftmen.t M.y t.09MM t wt sr. rUM ChWA ram. � } Level of Significance The recommended mitigation measure will ensure that potential adverse aesthetics effects are less than significant. IV. Cultural Resources Potential Impacts The project site is not located in an area where archeological or paleontological resources have been discovered in the past, and none are expected due to the developed nature of the site. Therefore the project is not anticipated to disturb any of these resources. The buildings, while old, are not of a unique nature or represent a historical resource. No impacts to historical resources would result from project implementation. As an already developed site, the project has no potential to affect unique ethnic or cultural values. The proposed project is a church and is the existing use of the property. The project will proNide for the continuance of the existing religious and sacred use of the property. , Mtieation No mitigation is required. Level of Significance No significant impacts are anticipated. XW. Recreation Potential Tmpacts The proposed project is not in a recreation area, and will not generate demand for recreational programs of facilities. The quality and quantity of recreational resources will, therefore, not be impacted by the project. iti ation No mitigation is required. Level of Significance No significant impacts are anticipated. EnVa m uf Milpu ChmUlo MVIsm6om l �. SLJ7 Church Ev=,Oa Mandatory Findings orSignificance On the basis of the foregoing analysis, and with the incorporation of the mitigation measures listed, the proposed project does not have the potential to significantly degrade the quality of the environment. 2. There are no long-term environmental goals that would be compromised by the project. 3. The project does not have any impacts which are considered cumulatively significant, nor will the specific impacts listed, on a cumulative basis, result in any unidentified or new impacts. 4. There are no known substantial adverse affects on human beings that would be caused by the proposed project. PLT:..P:\WWDpp'SIPLANNth'01PATiY 11ErrilSIST JAfS,bOC 1, i! Enw«reuWr MJysL Clieeklia F�tuuuar $LJUwCh"Ez &Wm dr' VICINITY MAP GPA 88 - 2 (E) Resolution No. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF GENERAL PLAN AMENDMENT 88-2(E) AMENDING THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN, SO AS TO REDESIGNATE THE EASTERLY 114 FEET OF LOT 6, TRACT NO.1117 FROM "RETAIL AND SERVICE COMMERCIAL" TO "GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES" USES WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, said element of the General Plan sets forth objectives, supporting policies and limitations for development in the City of Newport Beac14 and WHEREAS, said element of the General Plan designates the general distribution and general location -and extent of the uses of land and building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations, and floor area ratio ordinance; and WHEMEAS, the Land Use and Circulation Elements are correlated as required by California planning law, and WHEREAS, the provisions and policies of the Land Use and Circulation Elements are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance; and WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission has held a public hearing to consider a certain amendment to the Land Use Element of theNewport Beach General Plan; and project; and WHEREAS, the proposed project is compatible with the surrounding land uses; and WHEREAS, the circulation system will not be significantly impacted by the proposed WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project The Initial Study concluded that the project could not have a significant effect on the environment, therefore a Negative Declaration has been prepared Sri NOW, THEREFORE, BE IT RESOLVED by the Pluming Commission ofthe City of Newport Bach that an unendntent to the Gerwal Plan of theNewport Bach Municipal Code be recommended to the City Courd for approval as Mows: That the land use designation forthe property located on the northerly side of 92td Street between Ydla Way ud Via lido, more particularly desarbed as the easterly 114 fat of Lot 6, Tract No. I t 17 slug be changed from "Retu7 ud Service Comm cW* to "Govmunenul. Educational and institutional Fgatit " uses. ADOPTED this _¢111, day of,AWL 1995, AYES NOES ABSENT Anne GiTord, Chairman Gsrold B. Adams, Secretary Resolution No. _ A RESOLUTION OF THE PLAN\TNG COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CrI'Y COUNCIL THE ADOP77ON OF LOCAL COASTAL PROGRAM AMENDMENT NO.36, AMENDING THE LOCAL COASTAL PROGRAM LAND'USEPLAN, SO AS TO REDESIGNATE THE EASTERLY 114 FEET OF LOT 6, TRACT NO.1117 FROM "RETAIL AND SERVICE COMMERCIAL" TO "GOVERNMENTAL, EDUCATIONAL AND mnTUTIONAL FACII f17ES" USES WHEREAS, the Coastal Act of 1976 requires the City of Newport to prepare a local coastal progiam; and WHEREAS, as part of the development and implementation -of the Coastal Act, a Local Coastal Program Land Use Plan has been prepared; and WHEREAS, said Land Use Plan sets forth objectives and supporting policies which serve as a guide for future development in coastal areas of the City of Newport Beach; and WHEREAS, the Planning Conunission has held a duly noticed public hearing to consider a certain amendment to the Land Use Plan of the Newport Beach Local Coastal Program; and WHEREAS, pursuant to the California Emvonmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant efl'ect on the environment, therefore a Negative Declaration has been prepared. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach that all changes necessary to reflect the amendments adopted in General Plan Amendment 88-2(E) be incorporated into the Newport Beach Local Coastal Program, Land Use Plan as follows: That the land use designation for the property located on the northerly side of 32nd Street between Villa Way and Via Lido, more particularly described as the easterly 114 feet of Lot 6, Tract No. 1117 shall be changed from "Retail and Service Commercial" to "Governmental, Educational and Institutional Facilities" uses. ADOPTED tldsILday ofARdL 199S. AYES NOES ABSENT Anne Gifford, CfWnrm Guold B. Adams, S=etuy WWA.,+rr.w. , ResotutionNo. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CrfY COUNCIL THE APPROVAL OF AMENDMENT NO. 818, AMENDING A PORTION OF DISTRICTING MAP NO.4 SO AS TO RECLASSIFY THE EASTERLY 114 FEET OF LOT 6, TRACT NO. 1117 AND LOTS 1197-1200, TRACT NO.907, FROM THE RSC-H DISTRICT TO THE GEIF [0.5/.75] DISTRICT. WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Tide 20 (the Zoning Code) may be amended by changing the zoning designation of Districts and other provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, the Planning Commission has recommended to the City Council the adoption of General Plan Amendment No. 88-2 (E) and Local Coastal Program Amendment No. 36 so as to change the land use designation on a portion of the subject property more particularly described as the easterly 114 feet of Lot 6, Tract No. 1117, from "Retail and Service Commercial" to "Governmental, Educational and Institutional Facilities" uses; and WHEREAS, land use decisions are legally required to be consistent with the City's General Plan and Zoning, and WHEREAS, in conjunction with the consideration of the above referenced amendments to the General Plan and Local Coastal Program Land Use Plan, the Planning Commission concluded that the project could not have a significant eTect on the environment and therefore approved a Negative Declaration; and WHEREAS, pursuant to Section 20.84.30, the Planning Commission has held a duly noticed public hearing to consider Amendment No. 818 to Title 20 of the Newport Beach Municipal Code amending a portion of Districting Map 4; and WHEREAS, the Planning Commission desires to recommend that the City Council approve Amendment No. 818 to 1'nle 20 of the Newport Beach Municipal Code amending a portion of Districting Map, No. 4. t•�• 1 NOW, TIv"ORE DE IT RESOLVED that the Pluudng Commission of the City of Newport Reach does hereby recommend that the City Counc77 approve Amendmem No. aIs, to Title 20 to the Newport Desch hfuniapal Code, amending DistrictingMsp No. 4 u fotlows: That the asterly 114 fat of Lot 6, Tnct No.1117 and Lots 1197-1200, TractNo. 907 shall be reelusdied from the RSC-11 District to the GEIF [0.51.75] Drstrict. ADOPTED this &L day of.&wL 1995. AYES NOES ABSENT Anne Gifford, Chalumm Garold B. Adams, Secretary RECIPROCAL PARKING LICENSE AGREEMENT I. DATE AND PARTIES This Reciprocal Parking License Agreement ("Agreement") is made this day of , 1995, by and between City of Newport Beach, a California municipal corporation ("City") and The Rector, Wardens and Vestrymen of St. James Parish in Newport Beach, California, a California nonprofit corporation ("Church"). II. PROPERTIES A. City Property City is the owner of those certain parking lots located on the easterly and northeasterly side of the Newport Beach City Hall at 3300 Newport Boulevard , Newport Beach, as depicted on Exhibit A attached to this Agreement (the "City Property"). B. Church Property Church is the owner of that certain parking lot located adjacent to the southwesterly corner of 32nd Street and Lafayette Avenue, Newport Beach, as depicted on Exhibit B attached to this Agreement (the "Church Property"). III. RECITALS A. City is desirous of securing the right to the sole use of additional parking spaces in the vicinity of the City Hall for employee or visitor parking during.weekday business hours, but has available unused parking spaces at the City Hall on weekends and City holidays. B. Church, by proceeding with plans to redevelop its church facilities located at 3209 Via Lido, Newport Beach, will increase its need for parking on weekends, but has available unused spaces on Church Property during weekday business hours. WJT.3/28/95 t 2 C. Parking spaces within the City Property are compatible both in location and timing of use with the parking needs of Church, in that (i) they are in reasonably close proximity to the planned redeveloped facilities of Church, and (ii) the timing of Church hours of maximum parking needs, primarily on Sundays and holidays, prevents two uses of the spaces, by City and Church, from occurring simultaneously. D. Parking requirements under the Newport Beach Municipal Code applicable to the planned redevelopment of Church facilities will be satisfied by the combination of Church's planned expansion of its on -site parking facilities, as shown on Exhibit C attached to this Agreement, and its license to use additional parking spaces, as described in this Agreement. E. The parties find it mutually beneficial to establish reciprocal licenses for pedestrian and vehicular ingress and egress to and from, and for parking on, each of their respective properties, in the areas depicted on Exhibits A and B. The purpose of this Agreement is to set forth the terms and conditions of the reciprocal parking licenses. Iv. RECIPROCAL PARKING LICENSES For valuable consideration, receipt of which is hereby acknowledged, City and Church hereby license the other to use a portion of their respective properties, as depicted on Exhibits A and B, attached, for pedestrian and vehicular - ingress and egress, and for parking? as described below. A. City Use Of Church Property City shall have a license for the sole use of 50% of the total number of available Church Property parking spaces, in the location depicted on Exhibit B, on Monday through Friday, but excluding City holidays, between the hours of 7 a.m. and 6 P.M. This license does not include the right to engage in any storage, overnight or long-term parking of vehicles, or parking of trailers or equipment, on the Church Property. B. Church Use Of City Property Church shall have a license for the sole use of twenty-five parking spaces on Saturdays, and forty-five parking spaces on Sundays and City holidays, in the location depicted on Exhibit A, between the hours of 7 a.m. and 6 p.m.. This license does not include the right to engage in any storage, overnight or long-term parking of vehicles, or parking of trailers or equipment, on the City Property. V. EFFECT OF CONSTRUCTION OR RECONFIGURATION OF PARKING A. City Property Church's license to use twenty-five parking spaces on Saturdays and forty-five parking spaces on Sundays and City holidays, shall be subject to City's right to engage in any necessary temporary construction or repair, or the reconfiguration of parking, within the area of the City Property designated for use by Church. City shall be obligated to provide Church with reasonable prior written notice of such temporary construction or repair, or of such reconfiguration. City shall provide Church with the same number of alternative parking spaces as equals the number of any parking spaces eliminated by such construction, repair or reconfiguration, and such spaces shall be in as convenient a' proximity to Church facilities as is reasonably feasible.- B. Church Property Approximately fifty-one marked parking spaces are located within the Church Property as of the date of the execution of this Agreement. Current plans for future improvements to the Church Property anticipate the increase of available parking to eighty spaces. City's license to use 50% of the parking spaces on the Church Property is subject to the right of Church to engage in construction, demolition or other improvement activities within, or in the vicinity of, the Church Property. Such activities may include the placing of temporary portable buildings, and/or the storage of construction materials, on the Church Property. Such activities are likely to have the impact of temporarily decreasing the total number of available parking spaces within the Church Property. City's allocation of 50% of available parking spaces shall continue during such periods when the total number of such spaces fluctuates. In addition, Church may find it necessary or appropriate to reconfigure the parking spaces within the Church Property. In any case, Church's only obligation shall be to provide City with reasonable prior written notice of any change in the number or location of the spaces available for City use. 4 VI. MAINTENANCE AND REPAIR A. Mutual Obligations Except as otherwise provided below, each party shall be solely responsible for the maintenance and repair of the respective parking areas owned which are subject to this Agreement. Neither party makes any representation concerning the existing condition of the subject parking areas or their suitability for the intended uses, and neither assumes any obligation by this Agreement to upgrade or improve the subject parking areas. However, if extraordinary maintenance or repair is required, being that which exceeds the level of care resulting from the normal wear and tear of daily use, and such extraordinary maintenance or repair is shown to have been directly caused by the licensee, or licensee's employees or invitees, then that licensee shall be responsible for such extraordinary maintenance and repair. such licensee shall promptly either perform such work or reimburse the licensor for the costs of the same, as may be agreed upon between the parties. B. Obligation Of City City agrees to weekly sweep, at its expense, the entire Church Property, as depicted on Exhibits B and C to this Agreement. VII. TERM AND TERMINATION The benefits and obligations of the reciprocal licenses granted by this Agreement shall run until December 31, 2014, on which date, and each succeeding twenty year anniversary of that date thereafter, this Agreement shall be renewed automatically for an additional twenty years. Either party may elect at any time to terminate this entire Agreement, but only by giving written notice to the other no less than twenty-four months prior to the date of the intended termination. If, however, City so elects to terminate, Church shall have the following options with respect to any need to secure replacement parking: (i) Church may secure from a third party the right to use other off -site parking; and/or (ii) Church may, upon a documented showing of reduced parking needs, obtain City approval of a parking requirement which is less restrictive than the current 1:3 ratio. 4 VIII.RISK OF LOSS Each party, as a licensee, shall be solely responsible for the risk of damage or loss to property, and injury to persons, occurring within the license area owned by the other party, if suffered by any employees or invitees of that licensee. This responsibility shall include the obligation to defend and hold the licensor party free from any claims arising out of such damage, loss or injury. IX. PARKING CONTROL AND SIGNAGE It is in the best interests of both parties to prohibit the use of the respective license areas by unauthorized persons. To this end, the parties will cooperate to establish economical and effective systems to control unauthorized use. Such systems may include, without limitation, signs, permits, identification decals or towing services. Neither party, as a licensee, shall install signs or other parking control devices on the property of the other party/licensor, without the prior written consent of that licensor. X. NONTRANSFERABLE RIGHTS The licenses for ingress, egress and parking described in this Agreement are intended for the sole use and benefit of the employees and invitees (being parishoners, agents, representatives, guests or visitors) of City and Church. Neither party shall have the right to assign or transfer these license rights and privileges, without having•first received the prior written consent of the other party. XI. ENFORCEMENT OF AGREEMENT. Should any dispute or claim of whatever nature arise out of the interpretation, performance or breach of this Agreement, the parties shall first attempt to settle the matter through good faith negotiation initiated by a written demand to the other party setting forth the nature of the dispute, to be followed by a meeting of the principal representatives of the parties. If the matter is unable to be resolved through such negotiation, it shall be settled, at the request of either party, by final and binding arbitration conducted at a mutually acceptible location, and administered either in accordance with rules and procedures' agreed upon by the parties, or if unable to agree, in accordance with the then existing Rules of Practice and Procedure of Judicial Arbitration & Mediation Services, Inc.. The arbitrator shall determine which is the prevailing party and shall include in the award that party's reasonable attorney fees and costs. Judgement upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction. ri XII. NOTICES Notices, requests or demands by either party shall be in writing and shall either be personally served or be given by U.S. mail, postage prepaid, and addressed to the following persons: To City: Mr. Kevin Murphy, To Church: Rev, David Anderson, City Manager Rector City of Newport Beach St -James Parish 3300 Newport Boulevard 3209 Via Lido P.O.Box 1768 Newport Beach, CA Newport Beach, CA 92663 92659-1768 Notices, requests and demands, if not personally served, shall be deemed received upon'the expiration of forty-eight hours after deposit in a U.S. post office or mail box in Newport Beach, California. XIII.EXECUTION The parties have executed this Agreement in Newport Beach, California, as of the date stated first above. "City": City of Newport Beach, a California municipal corporation By: Title:— Date - Approved: By Title: , 1995 . Burnham, City Attorney Date: %II�,G Z-0 , 1995. tichurch": The Rector, Wardens and Parish in Newport Beach, a California nonprofit By: Vest Cal Title: Titles Date:_ 1 1995 FINIEY AVE OIm 0 4 ¢ O a. U1 w. I I 46 Cars 35 Cers Cars Building B 22 BuBdinp C 10 Cars 78uliftg D �..� 8uilainp E 19 Cars 1--117 32ND.STREET . LtcEA C'"URCH PAVIKI NG. Fire Station P��e i 1 E%11151"T A TO _ KSUPKOCAL VAWKIM& LiCzNSE A6REEMEgT TING SITE PLAN The Blurock Partnership/Architects & Planners ti u. EXNIBI .LUSTRATING EXISTING PARKIt NOT TO SCALE sycoti 1T B TO RECIPROCAL ?AiZ.MQV4ro UMVISE a67.9C,ME11T. � IlN ltlflt / isL jet wa 44 • yr•1 N,,, �' ' � � � � III �' f ---/A 't- -- uua ----- - — LI C'6N SE PAR.KING►. At'tvt111/: COAC"CC• .rii EXr"'',IT ILLUSTRATING PROPOSED f''°`RKING NOT TO SCALE EXHIBIT C TO RECIPP 'Ll CEAISS A rokssMEN'T, 32ND , STREET I � 11 -� 31ST. STREET TOTAL NUMBER OF PARKING SPACES: EXHIBIT A LOT LINE ADJUSTMENT NO. NBLL95-a.. (LEGAL DESCRIPTIONS) OWNERS ---....A CAUF'ORNIA C0RP'0 AM' N� µ 423-112-5 PARCEL i INC RECTOR, WARDENS, AND WMYMEN OF SNIR "ES PARISH W NEWPORT BEACH, CA 423-112-6 PARCEL H PARCEL 1 ALL THAT CERTAIN LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON 'EXHIBIT B', ATTACHED HERETO, MORE PARTICULARLY DESCRIBED AS FOLLOWS LOTS 1197. 1195. 1199, AND 1200 OF TRACT NO. 907 AS SHOWN ON MAP' AILED IN BOOK 28, PAGES 25 EASITEERRLLYU11f} FEET OF' 6 O�Tf�i N0. 111OUS 7 PER MCAPPFlLED IN BOOCK.15, PAGE TOGETHER OF WIN MISCEL- LANEOUS MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF THE SOUTH ONE-HALF OF NA MALAGA ABUTTING, ON THE NORTH, THE HEREINABOVE DESCRIBED PORTION OF LOT NO, S. TRACT NO, 1117, AS VACATED FEBRUARY 4, 1946, BY RESOLUTION OF THE CITY COUNCIL OF SAID CITY. AE�PLICA''ION 9 m EXHIBIT B LOT LINE ADJUSTIV.7.NT NO. NBLL95- (MAP) OWNERS EXISTING 'PARCELS PROPOSED PARCELS AP NUMBER REFERENCE NUMBER ASSISTANCE LEAGUE OF NEWPORT BEACH, CA 423-112-5 PARCEL 1 A CAUFORNW CORPORATION THE RECTOR, WARDENS, AND VESTRYMEN OF SAINT JAMES PARISH IN NEWPORT BEACH, CA 423-112-6 PARCEL , , A CAUFORNIA CORPORATION SCALE: 1* - 60' `���OQ,OF,SS�+,�� �•Z C1�a.�o�s��wti ,�♦ l� r 0 S 'L FD. N. k TAG, LS. 2988, NO \4,p AA1� S 3}6 AS POINT ON ABUU W LINE * FJPliii 12-11-91 * �. i 5i5� „ FOUND CHIS. -+', S27'34'43'E" 1.00'. ACCEPTED AS POINT ON BULKHEAD LINE CURVE DATA: 1 O1-0456'02' R-351.66' L-30.28' \ Q2 4m38.28'36' R- 20.00' L-13.43' v` b 12-`ti NOTHING FOUND��� II NOTHING SET. 23\ L NOTES: [ )—OIDICATES RECORD PER TR. NO. 907, M.M. 28125-36. ( )-� NO ES RECORD REF. R2— PER TR2/14-ACT N15.0. 7695 M3L J0s R3— PER P.Ma 78/S FOUND LEAD k TAG, 6.C.E 17507, NO REF. NOD 44'30'W, 1.60. 01 FOUND LEAD & ❑ RCE 17507, N ...1 NOD'44'30'w, 1a i I per. Q L.I �I xoo•44.3o•w r 673.49' [67ZWI N W44V w ,,,- VIA OPORTO I 3 cj N2053'37'E 7 48.42' LOT UNE TO BE ELIMINATED (TYP.) i O w (n Lu 15 = co n 000 a. IY r LLJ .z a tal �• M I. SPY k waim :A DEFT. OF TRANS.,' )IV. -NOTHING FOUND. NOTHING SET. fOEIND SPIKE k WASH 'CA. DEPL OF TRANS REF. N00'44'30'MI, W a ------------ SITE PLAN LOT LINE ADJUSTMENT NO, NBLL95- OWNERS EXISTING PARCELS PROPOSED PARCELS AP NUMBER REFERENCE NUMBER ASSISTANCE LtWX OF NEWPORT BEACH, CA 423-112-5 PARCEL 1 A CAUFORNIA CORPORATON THE RECTOR, WARO015, AND VEMYMEN OF SAW GAMES PARISH IN NEWPORT BEACH; CA 423-112-4 PARCEL I A CAN'ORMA CORPORATION SCALE. —„�c''.`.� Z a� l�P I 4' WIDE PUBLIC UTILITY V EASEMENT TO THE CITY OF NEWPORT BEACH PER C21StINC 9UIlDINC TRACT No. 907. a Z Q w L] cli S Q CCIStINC dUIIOINC Q � oer EI13nwn 4' WIDE PUBLIC UTILITY YYllllw9 T1S EASEMENT TO rHE aTY .44 OF NEWPORT BEACH PER TRACT No. 907. nR ai�o�tss�� f * nT9>x ualai VIA OPORTO e Ay. Ab COMMISSIONERS ' 90 0\\ \• d, � s CITY OF NEWPORT BEACH �y r9p c� 9Q yo�y�,P MINUTES ROLL ftt-H; 1'Y:�3 CALL INDEX 'S *A * * 1 * Moti Gue sent *rs A. General Plan Amendment No. 88-2VE (Public Hearing) item No.6 Request to amend the Land Use Element of the General Plan so as to GPA 88-2E redesignate a portion of the subject property from `Retail Service m Commercial" use to "Govemental, Educational, and Institutional LCP A36 Facilities" use; and the acceptance of an environmental document. A818 li INITIATED BY: The City of Newport Beach UP3549 I I AND V1204 B. Local Coastal Program Amendment No. 36 (Public Hearing) LLA 95-2 Approved Request to amend the Local Coastal Program Land Use Plan so as to redesignate a portion of the subject property from `Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. INITIATED BY: The City of Newport Beach AND C. Amendment No. 818 (Public Hearing) Request to amend a portion of Districting Map No. 4 so as to reclassify a portion of the subject property from the RSC-H District to the GEIF [0.5/.75] District: AND D. Use Permit No. 3549 (Public Hearing) Request to allow the phased construction of a new church facility including a 375 seat sanctuary, a small chapel, a parish hall with related kitchen, administrative offices, library and classrooms. The proposal also includes a -27- COMMISSIONERS �.1 MINUTES CITY OF NEWPORT BEACH ROLL CALL pC11 11193 INDEX use permit to allow the transfer of development rights to the church site, from property located at the southwesterly corner of 32nd Street and Lafayette Avenue and the approval of a use permit so as to allow a church tower and eight foot cross to exceed 35 feet in height; the approval of an off -site parking arrangement; and the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area. AND E. Variance No. 1204 (public Hearing) Request to allow the proposed development to exceed .5 times the site area on property with a 0.5475 variable Floor Area Ratio. AND F. Newport Beach Lot Line Adjustment 95-2 (Public Hearing) Request to permit a lot line adjustment so as to combine five existing parcels of land into one parcel for church purposes, on property to be zoned GEIF [0.505]. LOCATION: Church Site:Lots 1197, 1198, 1199, and 1200, Tract No. 907 and a portion of Lot 6, Tract No.1117 located on the southwesterly corner of Via Lido and Via Malaga. Off -Site Parking Location: Lots 7-12, 16-21, and portions of Lots 13 and 15, Block 530, Lancaster's Addition, located on the southwesterly corner of 32nd Street and Lafayette Avenue, in Central Newport. ZONES: RMC and SP-6 APPLICANT: St. lames Episcopal Church, Newport Beach OWNER: Same as applicant -28- 11 COMMISSIONERS MINUTES 9o�\\o�-�Op � Gi2ilki ��'d`t�O9-vyo�� CITY OF NEWPORT BEACH ROLL CALL ' INDEX Commissioner Ridgeway stepped down from the dais based on the fact that he is a member of the congregation. William Laycock, Current Planning Manager, corrected page 2 of the staff, report to read as follows: "The courtyard mid pedestrian areas adjacent to the parish hall will be enclosed by a 4 foot 6 inch high raised p1miter behveen the wall wid public sidewalk..", and the reference to the 7 foot high wall should be deleted. Mr. Laycock referred to Condition No. 10, Exhibit " N', and he stated that the condition be amended to read "That no outdoor loudspeaker or paging system shall be permitted in coi junction with the operation of the church. Hnvever, this shall not preclude the use of electronic bells within the proposed bell tower. " Don Webb, Public Works Director, stated that on the 32nd Street frontage of the property, an easement that was dedicated for water line uses is five feet onto the property. In Phase I of the church construction it is necessary to go into the easement area, and the City Council'would be required to abandon the easement in that area. In Phase II there is a water line in the easement, and when Phase II occurs the water line in the easement area will have to be relocated or the church will have to be modified in the back. He suggested an added Condition No. 30, Exhibit " N', that states "That the hater line on 32nd Street on church property be relocated in a m finer acceptable to the Public Works Department, wid that the easement be abandoned if no other utility conrpmdes have objections to the abandormient." The public hearing was opened in connection with this item, and Mr. Bill Dunlap, appeared before the Planning Commission on behalf of the applicant. In response to a question posed by Mr. Dunlap, Mr. Webb concurred that the water line would be moved at the beginning of Phase 11. Mr. Dunlap concurred with the findings and conditions in Exhibit "N', as amended. Mr. Dunlap referred to Condition No. 7, Use Permit No. 3549, and he stated that 50 parking spaces would be available at the completion of Phase I, however, during the construction of Phase I there will be a need for construction staging for approximately 10 months and he requested that the condition be amended to 48 parking spaces during the interim period of -29- COMMISSIONERS 4i T MINUTESS ROLL CALL Motion Ayes Absent CITY OF NEWPORT BEACH construction which should begin in June, 1995, and conclude in May, 1996, Mr. Webb did not object with the request to amend Condition No. 7 as requested. In reference to Condition No. 23, Use Permit No. 3549, regarding a 5 foot corner cutoffat the northwesterly corner of32nd Street and Lafayette Avenue, Mr. Dunlap pointed out that the condition would be in the Phase It portion of the project, and the Public Works pepartment has indicated that as long as the landscaping planters in the area are no higher than 18 inches or 24 inches that there would be no problem in Wanting an easement or an encroachment. Mr. Webb explained that the location would be considered a parkway area and landscaping is allowed in parkways. Mr. Chris Paul$, 502 "K" Street, Balboa, appeared before the Planning Commission. Mr. Pauls addressed the church's future plans and its commitment to the congregation and to the City. He expressed his approval of the parking agreement that was approved by the City Council on March 27, 1995. David Anderson, Rector of St. James Church, appeared before the Planning Commission. He stated that he came to the church as Pastor in 1987, and he addressed the Church's growth during the past SO years, Following a successful capital fund drive and after working with the architect, the church expects to break ground in July, 1995. There being no others desiring to appear and be heard, the public hearing was closed at this time. Commissioner Brown expressed his approval of the transfer of Development Rights and shared parking and he requested that similar action be considered in the older business areas of the City. Chairman Gifford concurred with Commissioner Brown's comments regarding the effort that it took by the Church and the planning staff to bring the project forward. Motion was made and voted on to approve General Plan Amendment No. 88-2(E) [Resolution No. 1385], Local Coastal Program Amendment No. 36 [Resolution No. 13861, Amendment No. 818 [Resolution No. 13871, -30- INDEX COMMISSIONERS t MINUTES oF�F�?y o� 99oAp� CITY OF NE�'VPORT BEACH 9L�?8`9�'LO�G"N`�' _ i ROLL INDEX CALL Use Permit No. 3549 as amended, Variance No. 1204, and Lot Line Adjustment No. 95-2, subject to the findings and conditions in Exhibit "A", as amended. MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT Findings: I. That the contents of the environmental document have been considered in the various decisions on this project. 2. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. 3. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto and that if the mitigation measures are incorporated into the project, it will not have the potential to significantly degrade the quality of the environment. 4. That no cumulative impacts are anticipated in connection with this project. 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. 6. That the findings made in regard to the Environmental Document described above also apply to the action taken on Use Permit No. 3549 and Variance No. 1204. W.Ration Measures: 1. Prior to issuance of a building permit for any expansion, a General Plan Amendment and a Local Coastal Program, Land Use Plan Amendment shall be approved by the City of Newport Beach and the California Coastal'Commission, redesignating the -31- COMMISSIONERS I MINUTES F9fo 10 off, CITY OF NEWPORT BEACH ROLL CALL 16;-199' INDEX former Assistance League portion of the property for Governmental, Educational and Institutional Facilities. 2. Prior to issuance of a grading or building permit the applicant shall demonstrate to the Planning and Building Departments that all appropriate structural and non-structural best management practices will be incorporated into the project as required by the National Pollutant Discharge Elimination System (NPDES) Drainage Area Management Plan. 3. Prior to the issuance of building permit for the planter wall, a a2 .J i/ landscape plan for the planter wall shall be submitted for the S� review and approval of the Planning Department. This landscape plan shall incorporate both upright and cascading low landscape elements to soften the visual presence of the wall. The landscaping shall be installed in conformance with the approved plan prior to the building permit being finaled. C50 � 4. Prior to the issuance of any building permit, the applicant shall �t'�(R'(I demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to fV1 "6,e conceal the light source and to minimize light spillage and glare to ,r d the adjacent residential uses. The plans shall be prepared and Pq signed by a licensed Architect or Electrical Engineer, with a letter p Hit e-e from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied p B. GENERAL PLAN AMENDMENT N0. 88-20 Adopt Resolution No.1385 (attached) recommending to the City Council the adoption of General Plan Amendment No. 88-2(E), amending the Land Use Element of the Newport Beach General Plan so as to redesignate the easterly 114 feet of Lot 6, Tract No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. C. LOCAL COAST& PROGRAM AMENDMENTNO. 36 -32- 0 COMMISSIONERS MINUTES 6�yc°9 2r O9'.g2oryy2y CITY OF NEWPORT BEACH ROLL CALL INDEX Adopt Resolution No.1386 (attached) recommending to the City Council the adoption of Local Coastal Program Amendment No. 36, amending the Land Use Plan of the Newport Beach Local Coastal Program so as to redesignate the easterly 114 feet of Lot 6, Tract No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. D. AMENDMENT NO.818 Adopt Resolution No.1387 (attached) recommending to the City Council the approval of Amendment No. 818, amending a portion of Districting Map No. 4 so as to reclassify the easterly 114 feet of Lot 6, Tract No.1117 and Lots 1197-1200, Tract No. 907 from the RSC-H District to the GE1F [0.5/.75] District. E. USE PERMIT NO.3549 Findin s:., j 1. That the existing and proposed facility is consistent with the Land Use Element of the General Plan, the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking is proposed within the off -site parking areas for both phases of the proposed development on the subject property. 3. That the proposed development will not have any significant environmental impact. 4. That the off -site parking areas are located so as to be useful in conjunction with the church use. 5. That the proposed off -site parking will not create undue traffic hazards in the surrounding. area. 6. That one of the off -site parking areas is owned by the church and the other is approved for the church's use in accordance with the -33- 1�/ COMMISSIONERS MINUTES �,y,.o �4'm CITY OF NEVJPORT BEACH ROLL CALL INDEX terms of an approved off -site parking license agreement with the City. 7. That the proposed bell tower and eight foot high cross, which are in excess of 35 feet in height, are in keeping with the architecture of the church and the surrounding area, and will not obstruct any public or private view to the ocean or bay. S. The transfer of development intensity will result in a more efficient use of land or an increase in public visual open space. 9. The transfer of development intensity will result in a net benefit i ! to the aesthetics of the area. 10 The increased development on the site does not create abrupt changes in scale between the proposed development and ' development in the surrounding area. 11. The proposed uses and structures are compatible with the surrounding area. 12. The increased development on the increased site will not result in significant impairment of public views. 13. The increased site is physically suitable for the development proposed taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. 14. The transfer of development intensity will not result in a net negative impact on the circulation system. 15. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. -34- COMMISSIONERS MINUTES CITY OF NENVPORT BEACH 16 1n93 n X-51 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That the design of the parking lot shall conform with the City's standards and further, that the parking, vehicular circulation and pedestrian circulation systems for the project shall be subject to further review by the City Traffic Engineer. 4. That all of the church staff shall park in one of the approved off -site parking areas at all tunes, and the four tandem parking spaces located in the church owned parking area shall be marked for staff parking only. 5. That the required number of handicapped parking spaces shall be designated within the church owned off -site parking area and shall be used solely for handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space, 6. That the applicant shall comply with all terms and provisions of the reciprocal parking license agreement approved by the City Council at its meeting of March 27, 1995 so as to allow the church the use of 45 parking spaces within the City Hall parking area on Saturdays, Sundays and holidays, from 7:00 a.m. to 6:00 p.m. 7. That a minimum of 48 parking spaces shall be provided in the church owned off -site parking area during construction of Phase 1 of the proposed project. At the completion of Phase 2 of the project, a minimum of 80 parking spaces shall be provided in said parking area. 8. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with each phase of the project. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 9. That the lighting system for the proposed project, including the off - site parking area, shall be designed in a manner so as to conceal the light source and minimize light and glare to the nearby residential -36- COMMISSIONERS 060 °�F�F�y?o99y y� CITY OF NEWPORT BEACH MINUTES ROLL CALL I INDEX properties. The lighting plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the Engineer stating that, in his opinion, this requirement has been met. 10. That no -outdoor loudspeaker or paging system shall'be permitted in conjunction with the operation of the church. However, this shall not preclude the use of electronic bells within the proposed bell tower. 11. That the gross floor area of the proposed project shall not exceed 26,014 square feet and further, the building bulk provisions contained in Chapter 20.07 of the Municipal Code shall not be applied to the proposed sanctuary. 12. That the applicant shall obtain Coastal Commission approval of the proposed project prior to the issuance of building permits. 13. That all conditions of approval for Variance No. 1204 and Newport Beach Lot Line Adjustment No. 95-2 shall be fulfilled. 14. That the applicant shall prepare a complete soil and geologic investigation report which shall include a liquefaction analysis. 15. That the applicant shall provide an additional fire hydrant to service the property, the location of which will be determined by the Fire Department. 16. The project shall be equipped with a fire alarm system and an automatic fire sprinkler system. 17. That a Lot Line Adjustment be recorded prior to issuance of any Building Permits unless otherwise approved by the Public Works and Planning Departments. 18. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record the Lot Line Adjustment -37- COMMISSIONERS MINUTES CITY OF NENVPORT BEACH ROLL CALL ' INDEX or obtain a building permit prior to completion of the public improvements. 19. That the proposed structure be set back along the 32nd Street frontage so that it does not encroach into the 4 foot wide utility easement located adjacent to and contiguous with the 32nd Street right-of-way. The utility easement presently contains a 6" water main. That an Encroachment Agreement be executed by the owner for any planters or other encroachments into the easement and that all encroachments be reviewed and approved by the Public Works Department and that there shall be no trees planted within the easement area. 20. That each building be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Utilities Department • 21, That the intersection of the parking lot drives, the alley and Lafayette Avenue be designed to provide sight distance for a speed of 25 miles per hour. Landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 22. That if it is desired to have a control gate at the parking lot entrances, the design shall be reviewed and approved by the Public Works Department and Fire Department. ' 23 That a 5 foot corner cutoff at the northwesterly corner of 32nd Street and Lafayette Avenue be dedicated to the public. 24. That cracked or displaced sections of sidewalk caused by trees planted on private property along the 32nd, Lafayette Avenue and Via Malaga frontages be reconstructed along the church and the parking lot frontages; that the unused drive approach on Via Malaga be removed and replaced with curb gutter and -38- COMMISSIONERSj' MINUTES py� �9sg2p�%iP CITY OF NEN'VPORT BEACH ROLL CALL ' INDEX sidewalk; that curb access ramps be constructed at the corner of 32nd Street and Lafayette Avenue; that the unused parking lot drive approach on 32nd Street be removed and replaced with curb, gutter and sidewalk and that the unused portion of the drive approach on 31st Street be removed and replaced with curb, gutter and sidewalk. That all work be completed' under an encroachment permit issued by the Public Works Department. i 25. Disruption caused by construction work along roadways and by I movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. A traffic control plan shall be reviewed and approved by the Public Works Department. 26. That overhead utilities serving the site be undergrounded-to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code unless it is determined by the City Engineer that such undergrounding is unreasonable or i impractical. j 27. That a fire protection system acceptable to the Fire Department i be installed by the developer and tested by the Fire Department prior to storage of any combustible materials or start of any structural framing. 28. That 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. 29. That this Use Permit shall expire unless Phase 1 of the proposed construction is exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. -39- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 30. That the water line on 32nd Street on church property be relocated in a manner acceptable to the Public Works Department, and that the easement be abandoned if no other utility companies have objections to the abandonment F. VARIANCE N0. 1204 indin s: i 1. That it has been demonstrated that the traffic to be generated by the proposed church will not exceed that which would be generated if a use generating 60 trip ends per 1,000 sq. A, per day and 3 trip ends per 1,000 sq.R, at peak hour, were developed at a floor area ratio of 0.5. Traffic generation shall be determined in accordance with City Council Policy S-1. 2. That the projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed per City Council Policy S-1. 3. That the church sanctuary will be restricted to the gross floor area and the number of seats in the sanctuary upon which the traffic equivalency was based. 4. That the proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 5. That the increased development does not create abrupt changes in scale between the proposed development and development in the surrounding area. 6. That the proposed use and structures, are compatible with the surrounding area. 7. That the increased development will not result in significant impairment of public views. -40- /u COMMISSIONERS MINUTES t F?yFo2� 09� yp�y�s CITY OF NEXVPORT BEACH A «I G l nnC ROLL CALL e INDEX 8. That the site is physically suitable for the development proposed taking into consideration site characteristics including, but not limited to, slopes, submerged areas, and sensitive resources. Condition: 1. That all conditions of approval for Use Permit No. 3549 and Newport Beach Lot Line Adjustment No. 95-2 shall be fulfilled. G. NEWPORT BEACH LOT LINE ADJUSTMENT NO.95-2 Findin s: 1. That the project site described in the proposal consists of. legal parcels. 2, That no additional parcels will result from the lot line adjustment. 3. The project complies with the requirements of the California Environmental Quality Act. 4. The proposal is consistent with the General Plan and the Local Coastal Program Land Use Plan. 5. The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities. Conditions: 1. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership shall be submitted to the Public Works Department for review. 2. Upon approval of the lot line adjustment, the lot line adjustment shall be submitted to the Public Works Department for checking. -41- COMMISSIONERS CITY OF NENVPORT BEACH Mn ROLL CALL ' INDEX 3. The lot line adjustment and grant deeds shall be filed concurrently with the County Recorder and County Assessor's Offices. 4. That the approval of the Coastal Commission shall be obtained prior to the issuance of a building permit. ADDITIONAL BUSINESS: add' 1 Business Verbal report from planning Commission's representative to the Economic Development Committee, Commissioner Brown presented a brief report regarding his participation on the Economic Development Committee. The organization consists of two main sub -committees: EDC Marketing/promotion and City Service. The task force committees consist of restaurant, hospitality, industry, boats and harbor, Business Improvement Districts, and a professional services task force. The City Service Committee will review the procedures and policies that the City has accumulated over many years. Assistant City Manager, Ken Delino, introduced himselfto the Planning Commission and discussed the Economic Development Committee and how their recommendations will be merged into the duties of the Planning Department. *** Requests for excused absences - None ADJOURNMENT: 9:42 p.m, Ad5ou *** GAROLD ADAMS, SECRETARY NEWPORT BEACH PLANNING COMMISSION -42- rn w w' •Y•1 CONDITIONS OF APPROVAL USE PERMIT 3549,VARIANCE 1204, LLA 95-2 3209 VIA LIDO ST JANMS EPISCOPAL CHURCH CONDITION DEPARTMENT ACTION Environmental Document Mitigation Measures 1. G.P.A., Local Coastal Program, Land Use Plan Amendment, GEIF Zone Planning Verify Approval 2. Nat'l Pollutant Discharge Elim Sys Building Plan Review Drainage Area Mgmt Plan. Planning 3. Planter Wall Design and Approval Planning Plan Review 4. Lighting System Minimize Spillage Building Plan Review Use Permit 3549 1. Substantial Conformance Planning Plan Review 2. Improvements Constructed Public Works Plan Review/iond 3. Parking Lot Design to City Stds. Traffic Plan Review 4. Staff Park Approved Off Site Lot Planning Letter of Intent 5. Handicapped Parking, Sign Building Plan Review 6. Reciprocal Parking License Agreement with City Hall Planning Letter of Intent 7. 48 Parking Spaces Minimum -Phase I Planning Letter of Intent 80 Packing Spaces Minimum -Phase II Planning Plan Review 8. Landscape/Irrigation Plan Planning Plan Review Hold on Final 9. Lighting Sources Minimize Spillage Planning Hold on Final 10. No Outdoor Loudspeaker or Paging Planning Letter of Intent Plan Review 11. Gross Floor Area 26,014 sq ft Max. Planning Plan Review I 12. Coastal Commission Approval Reqd Planning Reciept from Coastal 13. All Conditions of Approval V1204, LLA 95-2 fulfilled Planning Plan Review 14. Soil and Geologic Report W/Liquefaction Analysis Building Plan Review 15. Add'l Fire Hydrant Fire Plan Review 16. Fire Alarm System/Sprinkler System Building Plan Review 17. Lot Line Adjustment Recorded Public Works Verification 18. Guarantee Public Improvements Public Works Guarantee Bond 19.32nd St. Setback not encroach into Public Works Plan Review 4'Utility Easement Planning Plan Review 20. Each Building indiv. water/sewer system Building Plan Review 21. Sight Distance Parking Lot Drives, Alley, & Lafayette 25 miles per hour Traffic Plan Review 22. Control Gates at Parking Lot Entrances Traffic Plan Review 23. 5' Cutoff at NW corner 32nd St/Lafayette Public Works Plan Review 24. Sidewalk Replacement Public Works Plan Review ' 25. Traffic Control Plan Traffic Plan Review 26. Undergrounded Utilities Utilities Plan Review Building Plan Review 27. Fire Protection System Fire Plan Review 28. Planning Comm May Add/Modify No Action 29. Use Permit Expiration 24 Months Phase I No Action Variance No. 1204 1. Conditions of Approval UP 350,NBLLA 95-2 Fulfilled Planning Plan Review Newport Beach Lot Line Adjustment No. 95-2 1. Change of Ownership Grant Deeds Submitted Public Works 2. Lot Line Adjustment Checked by Public Works Public Works 3. Lot Line Adjustments/Grant Deeds Filed Concurrently with County Recorder Public Works 4. Coastal Commission Approval Planning Plan Review Plan Review Plan Review Receipt Aprvl -12-04<0 03:11 FROM ST. JAMES EPISCOPAL TO 6443250 P.02 .4SAINT JAMES CHURCH + EPISCOPAL + 3209 Via Lido +NewPortBearh, CA + 9266M973 + O: [7141675-0210 + FAX: [7141675-1230 August 9, 1995 Ms. Christy Teaque Associate Planner City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 9 Re: Planning Commission F Minutes of April 6, 1995 Dear Christy: 15 Saint James Episcopal Churdh intents to comply with all conditions of approval for Use Permit No. 3549, Lot Line justment No. 95-2, Variance No. 1204 and all Mitigation Measures as described in the ove mentioned document. Sincer {y, The Rev. Darrell L. Ford Associate Rector Cynthia A. Drennan Administrator + a community dedicatq to loving and serving Jesus Christ as Lord and Savior + TOTAL P.02 planning Commission -11. F E)aMIT "A" FINDINGS AND CONDITIONS AND ACTIONS FOR APPROVAL OF GENERAL PLAN AMENDMENT NO 88-2(E), LOCAL COASTAL PROGRAM AMENDMENT N0: 36, AMENDMENT N0. 818, USE PERMIT NO.3549, VARIANCE NO.1204, LOT LINE ADJUSTMENT N0. 95-2 AND MAC ENVIRONMENTAL DOCUMENT A ENVIRONNMMALDOCUMENT Findin s: 1. That the contents of the environmental document have been considered in the various decisions on this project. 2. That in order to reduce adverse impacts of the proposed project,' all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. 3. That 'based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto and that if the mitigation measures are incorporated into the project, it will not have the potential to significantly degrade the,qualityof the envirorunent. 4. That no cumulative impacts are anticipated in connection with this project. 5. There are no known substantial adverse affects on human beings that would be caused by the proposed project. 6 That the findings made in regard to the Environmental Document described above also apply to the action taken on Use Pemrit No. 3549 and VarianceNo. 1204. Miti aQ tion Measures: 1. Prior to issuance of a building permit for any expansion, a General Plan Amendment and a Local Coastal Program, Land Use Plan Amendment shall be approved by the City of Newport Beach and the California Coastal Commission, redesignating the former Assistance League portion of the property for Governmental, Educational and Institutional Facilities. 2.. Prior to issuanceof a grading or building permit the applicant shall demonstrate to the Planning and Building Departments that all appropriate structural and non-structural best management practices will be incorporated into the,project as required by the National Pollutant Discharge Elimination System (NPDES) Drainage Area Management Plan. GYM W� c U l�` TO: Planning Commission -12. 3. Prior to the issuance of a building permit for the planter wall, a landscape plan for the planter wall shall be submitted for the review and approval of the Planning Department. This landscape plan shall incorporate both upright and cascading landscape elements to soften the visual presence of the wall. The landscaping shall be installed in conformance with the approved plan prior to the building permit being finaled. 4. Prior to the issuance of any building permit, the applicant shall demonstrate to the Building Department that the lighting system shall be designed, directed, and maintained in such a manner as to conceal the light source and to minimize light spillage and glare to the adjacent (� residential uses. The plans shall be prepared and signed by a licensed Architect or Electrical Engineer, with a letter from the Architect or Engineer stating that, in his or her opinion, this requirement has been satisfied B. GENERAL PLAN AMENDMENT NO.-88-2(Bl Adopt Resolution No. (attached) recommending to the City Council the adoption of General Plan Amendment No. 88-2(E), amending the Land Use Element of the Newport Beach General Plan so as to redesignate the easterly 114 feet of Lot 6, Tract No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. C. LOCAL COASTAL PROGRAM AMENDMENT NO.36 Adopt Resolution No. (attached) recommending to the City Council the adoption of Local Coastal Program Amendment No. 36, amending the Land Use Plan of the Newport Beach Local Coastal Program so as to redesignate the easterly 114 feet of Lot: 6, Tract No.1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. D. AMENDMENT NO.818 Adopt Resolution No. (attached) recommending to the City Council the approval of Amendment No. 818, amending a portion of Districting Map No. 4 so as to reclassify the easterly 114 feet of Lot 6, Tract No.1117 and Lots 1197-1200, Tract No. 907 from the RSC- H District to the GEIF [0.5/.75] District. E. USE PERMIT NO.3549 ridin s• That the existing and proposed facility is consistent with the Land Use Element of the General Plan, the Local Coastal Program Land Use Plan, and is compatible with surrounding land uses. 2. That adequate parking is proposed within the off -site parking areas for both phases of the proposed development on the subject property. 3. That the proposed development will not have any significant environmental impact. .w CITY OF NEWPORT BEACH MINUTES ROLL CALL (fi ¢ 3 W '- Q 3 W A= U) ' W O u Q ' J 0 J w Z 0 May 8,1995 INDEX meeting, the Chamber Board of Directors voted unanimously to continue their opposition to the removal by CcArdns of any of the crosswalks on Pacific Coast Highway as it is against the five-year plan the Chamber developed for the community, and not in the best interest of public safety. CURRENT BUSINESS 45. Memorandum from Assistant City Manager Off —Shore Oil concerning Off -SHORE OIL MORATORIUM. (8 7 ) The City Manager noted that a moratorium on off- shore oil drilling for the past several years has routinely been approved by Congress on an annual basis. The annual extension apparently has not survived a committee hearing in the U.S. Congress. A flyer noticing a meeting of concerned local officials is scheduled for Thursday, May 11 in San Francisco, and it is recommended that the Council authorize a member of the staff or a Council Member to attend this meeting. In past years, the City has contributed funds to a coalition of local governments who hired a lobbyist to promote the continuance of the off -shore moratorium. That coalition has disbanded because of lack of funds and the expected continuation of the moratorium. The Assistant City Manager stated that Mayor Blackburn from Laguna Beach will be attending the meeting in San Francisco and intends to hold a briefing for all local officials upon her return. Council Member Watt indicated she would like to see the City stay "very involved" in this issue, but she herself could not attend the meeting because of another meeting with the Harbor and Beaches Committee. Council Member Edwards stated this is a major issue and could have a great impact on the City; he has been in contact with Congressman Cox's office as well as U.S. Senators Boxer and Feinstein, and felt that if the City cannot be represented in San Francisco, a letter should be sent outlining the City's position or someone should attend the meeting with Mayor Blackburn. Following discussion, Mayor Hedges indicated this issue warranted further discussion by the Legislative Committee. Mayor Hedges also authorized Council Member Cox to attend the meeting in San Francisco on Thursday, May 11,1995. Volume 49 - Page 186 CITY OF NEWPORT BEACH MINUTES ROLL} CALL 8��o X 0 May 8,1995 INDEX Bill Dunlap, 400 Snug Harbor Road, representing St. James Episcopal Church, addressed the Council ]n support of their request. He stated they have been working with City staff on this project for approximately six months, and their next step is to obtain Coastal Commission approval. It is their hope to commence the first phase of work in June. Hearing no one wishing to address the Council, the public hearing was closed. Notion Motion was made by Mayor Hedges to 411 Ayes approvejadopt the following: Resolution No. 9$.50, approving General Plan Res 95-50 Amendment No. 88-2 (E), amending the Land Use Element of the General Plan so as to redesignate the easterly 114 feet of Lot 6, Tract No. 1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. Resolution No. 95.51, approving Amendment No. Res 95-51 36 to the Local Coastal Program Land Use Plan, so as to redesignate the easterly 114 feet of Lot 6, Tract No. 1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities." Ordinance No. 95.14 (Amendment No. 818), Ord 95-14 amending a portion of Dishicting Map No. 4 so as to reclassify the subject property from the RSGH District to the GEIF (0.5/.751 District. Sustain the action of the Planning Commission U/P 3549/ approving Use Permit No. 3549, Variance No. 1204 Variance 12091 and Lot Une Adjustment No. 95.2. Lot Ln Ad J 9 5—S PUBLIC COMMENTS • Dan Dunham, 603 Jasmine Avenue, representing the Corona del Mar Chamber of Commerce, addressed the Council regarding Caltrans possible removal of certain crosswalks on Pacific Coast Highway In Corona del Mar. He stated that as a result of a recent meeting with representatives from Caltrans, and because of the letter the City sent to Caltrans on this issue, It is now his understanding, there is a very good chance that the crosswalks at Iris and Orchid will remain, but that the crosswalk at Dahlia will be removed, The Chamber of Commerce and the merchants In the area are still seeking additional improvements to the area in terms of keeping' all three crosswalks, and the thought of obtaining a signal at Ids near the Albertsons Market. He requested the Council continue their support of the Chamber's desires, and stated that at their recent Volume 49 • Page 185 CITY C F NEWPORT B'^ACH _1 . R;OLL ALL May 8,1995 MINUTES height; the approval of an off -site parking arrangement; and the approval of a'modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area;....,. AND E. Variances a•?204 - Request to allow the proposed development to exceed .5 times the site area on properly with a .5/.75 variable Floor Area Ratio; AND F, Lot Line Adrustment No. 95-2 - Request to permit a lot line adjustment so as to combine five existing parcels of land intoone zoned e parcel for [ church purposes, on property t Church Site: Lots 1197, 1198, 1199, and 1200, Tract 907 and a portion of Lot 6, Tract No.1117 located on the southwesterly comer of via Lido and Via Malaga. off -Site Parking ocatnd .lots Block -21, and portions of Lots Lancaster's Addition, located on the southwesterly comer of 32nd reet and Lafayette Avenue, In oort f Newport or St. James Episcopal Church, Newport Beach. Report from Planning Department. INDEX 1204 Lot Line Adj 95-2 The Planning Director stated this iis a thephased project encompassing two s redevelopment of St. James Church. The first three permits involve amendments to the General Plan, Local Coastal Program and Districting Map so as to place the sites in the Governmental,. Educational and Institutional designation. The Use Pe?mit is required for the construction of the 375 seat sanctuary, chapel and parish hall complex, as well as the transfer of development rights from the parking lot parcel to the church site, and the construction of the tower and cross in excess of the 35 foot height limit. The Variance is required to exceed the .5 FAR on the site which allows up to and the Lot .75 times the buildable area of the site, Line Adjustment Isrequired to combine the five lots between Via Lido and Via Oporto into a singapproved building site. The City Council previously on March 27, 1995 an off -site shared parking arrangement involving the former Bank of Newport site and the City Hall parking lot whereby the Church has use of the City Hall lot on Saturdays. Sundays and municipal Holidays. The Planning Commission approved the subject applications on April 6,1995, with five ayes, and two absent. Volume 49 - Page 184 z` ' r� CITY OF NEWPORT BEACH ROLL CALL !Sotion All Ayes 3��X� May 8,1995 x Motion was made by Council JA ox concur with staffs recomrr o approve 1 request of Diamond ompany to add six taxicab vehi ringing the total number toxic icles they are authorized to operate e City to nine (9). 44. Mayor Hedges opened the public hears regarding; A. General Plan Amendment No. 88.2(E) - Request amend the Land Use Element of the General PI so as to redesignate the subject property In "Retail Service Commercial" use "Governmental, Educational, and Instilutioi Facilities" use; and the acceptance of 'Environmental Document; AND S. Local Coastal Proarom Amendment No. 36 Request to amend the Local Coastal Progrc Land Use Plan so as to redesignate the subje properly from "Retail Service Commercial" use "Governmental, Educational, and InslHuiior Facilities" use; AND C. Proposed ORDINANCE NO. 95 14. being, AN ORDINANCE OF THE CITY COUNCIL THE CITY OF NEWPORT BEACH AMENDIN TITLE 20 OF THE NEWPORT $EACH MUNICM CODE BY AMENDING PORTIONS ( DISTRICTING MAP NO. 4, $0 AS 1 RECLASSIFY THE EASTERLY 114 FEET OF LOT TRACT NO. 1117 AND LOTS 1197-1200,1RAi NO. 907, FROM THE RSC•H DISTRICT TO T1 GEIF 10.5/.751 DISTRICT (PLANNIN COMMISSION AMENDMENT NO.818); AND D, the Permlf No, 3549 (Public Headnal • Request allow the phased construction of a new churc facility including a 375 seat sanctuary, a smi chapel, ^'d' parish hall with related kiiche administrative offices, library and classrooms. Tt proposal'also includes a use permit to allow ft transfer of development rights to the church sit from properly located at the southwesterly corn of 32nd Street and Lafayette Avenue and tt approval of a use permit so as to allow a churc lower and eight foot cross to exceed 35 feet in Volume 49 • Page 183 MINUTES Ito he (6) of in ng to on )m to ial on to :h Al n, ie ie e, er ie :h INDEX GPA88-2(E) (45) 36 Ord 95-14 Zoning (94) 818 P 3549