HomeMy WebLinkAbout2300 FORD RD_ST MATTHEWSMarrelli, Marina
From:
Marrelli, Marina
Sent:
Monday, April 02, 2001 5:14 PM
To:
wayne.holtan@domusstudio.com'
Subject:
St Matthews Church - 2300 Ford Rd
HI Wayne,
I thought it might be easier to e-mail you with my final corrections. They still involve the lighting/photometrics. I spoke
with my boss, and he directed me to t:,e sure to include the following in the plans:
1. On the photometric r!an. 1ho nlambers must be less than 1 closest to the property lines, especially those portions
close to residential areas.
2. The photometric plan m, 1 in�lwls the parking area of the next door school since required parking will be used
there.
3. Include cut sheets for the extorior light fixtures making sure they include zero cutoff fixtures and show shielding
options. Make the cut sheets part of the plans.
On another issue, I received the parking agreement requested as a condition of approval for the use permit. I will have it
reviewed by the planner who hPn ,1, 1 Ih^ use permit. 1 have no reason to think it is not compliant.
Those appearto be the ori7 ,•, iues. Thanks, Wayne.
Marina Marrelli
City of Newport Beach
(949) 644-3205
COMMERCIAL/INDUSTRUL ZONING CORRECTIONS
Phone: (949) 644-3200, FAX (949) 644-3250
11
By: ❑ Jay Garcia, Senior Planner
Date
Propo:
Zone
19-CORI
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6,194f - 3ems• \I.,-
tdMarina Matrelli, Assistant Planner
CHECKNO: :207C—?e"
❑ O.T. ❑ T.I. ❑ AIC
Ready to Issue O
ildt
date
❑ Janet Johnson Brown, Planning Technician
l.UA5rl^VUIVVOI JX IUUUGU* ♦w. ✓ �• ^ 1 �
Exemption No. Because
Approval In Concept (AIC) No. (Note: File 3 sets ofplans: site, floor, and elevations)
Waiver # Effective Date
Coastal Development Permit No. / Effective Date
CORRECTIONS REQUIRED: 2' tc ,d4 �- / 44—. /p L f 3,
Legal Description: Lots Block Section Tract 15 317
' Resubd]vision required to combine lots or portions of lots when construction or alterations are in excess of $20,480.
Covenant required. Please have owner's signature notarized on the attached document and return to me.
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Lot Size/Tenant Sq. Footageh 2. I
/
Required Setbacks pee�i` V5
_Front y,_ -Right Side Left Side Rear Other
w iJ% _ Jn.j.`.: D. 5fq�sa�hdDV S��1RPa �tivmit (NCI •G,
Y-e- /rL!/J 'L/n1.�.- � -1-4 Mj, -a- IO I/'�•�
tiFAR WORKSHFET h.e ( A Kt3 �+^a t oc4l `')m o f (e' *7'
t area (site area sn tt): sq.fL
Base Development Allocation (BDA): comet sq.tl.
[0.5 x site men. sq.ft, wdess otherwise specified in Land Use Element]
FARpeermitted, wit without variance: (A) comm res nke
Square footage permitted: comm res nke soft.
[(A) x site area sq.R.]
4
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Gl�hf fi(xtu�s s-�c-f OA-p%os Aa!
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PROPOSED DEVELOPMENT:
PROPOSED WEIGHTED DEVELOPMT,
(C) Base FAR use sq.f .
Sq.f .
FAR Use Category Weighting Facto
Weighted Sq.Ft.
(G) (H)
(GXH)
(D) Reduced FAR use sq.R
sq.R
_sq.1t Base X 1.00
sq.1L
(E) Maximum FAR use sq.lt
sq.ft
_sq.R. Reduced X 1.67
sq.ft
(F) TOTAL SQ.FT.[C+D+E]
sq.R
_sq.R. Maximum X 0.50
sq.ft
PROPOSED FAR:
[ F O'site area sq.tt ]
TOTAL WEIGHTED SQ.FT
sq.R.
.(May not exceed BDA)
(OVER)
COMMERCMLIINDUSTRIAL ZONING CORRECTIONS (Continued)
CORRECTIONSREOUIRED: %
$8 awl
����/�� a�'rined•' Sheet' se�ar~aj� ��_-=a.==
Provide tissue overlay of calculations to verify provided square footage. / 0--lo rA.L
��— arking (Indicate number of stalls provided) Total On -Site Pazld Required Provided
ctlla>v*L�anot`uN.d sz=3tz l see�•1
Dimension building height as measured from natural grade to midpoint and maximum ridge roof height 6-19 /%1 �i
See A2�o,,ga,+
Show na de line on all elevations Alp'� 4,0, -/a Ae, �
5e e A 2 ,o , A 2.• l ¢ur .vaAw. �lfwd) 8�
Show all rooftop mechanical equipment and dimension from grade directly below.
a1{eyWiVW�e„t 0% at-fio ey�clorWrt$ It Y` Dfs
Indicate location of trash containers on site plan. f o
Floor Plan fully dimensioned showing all room uses.
0 &�&'
4s tArkl;fibned
Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line.
Joagr
SPECIAL APPROVAL REQUIRED:
T_P1 dicate any discretionary approval numbers on the plans and incorporate the following:
' x rpt of minutes and list of findings and conditions into the blueline drawings ,L Copy attached
approval letter into the blueline drawings ❑ Copy attached Sec sheet 'j' Ot 2
DISCRETIONARY ACTION REOUMED•
Planning Director (PD). Planning Commission (PQ or City Council:
Use Permit: ❑ PD g PC No. 3(o33llNEon"
Variance: No._
Tentative Tract: No._
Site Plan Review: No._
Amendment: No._
Other
OTHER DEPARTMENT:
Public Works/Utilities Departments:
Plans Approval by:
Easement/Encroachment Permit
Subdivision Engineer
Traffic Engineer
Approval of Landscape Plans
Significant Links
Building Department:
Grading Engineer
General Services Department:
Approval of Landscape Plans
're V16WeJ
Modifications Committee:
Indicate Approval No. on Plans
Modification No.
Resub No._
Condo Convsn No._
Lot Line Adjsmt No. _
Review & Signature on Final Plans Required
❑Public [Forks Dept. O Utilities Dept.
❑ Public Work Dept. O Utilities Dept. .F4+we,
❑ Public Works Dept. O Traffic Eng.
❑ Public Works Dept.
❑ Urban Forester
NOTE. It is the responsibility of the applicant to circulate his plans and obtain the necessary approvals from the
departments checked above. If you have questions regarding your application, please contact me at (949) 644-
3200.
FORMSICOMMZON.COR R".5127/99
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FIRST FLOOR S.F. CALCULATION OVERLAY
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S ECOND FLOOR .F. CALCULATION OVERLAY
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Proprietary Design The
Drawings, Designs, and Infor—
mation contained on this sheet
are the Property of Dominy +
Associates Architects, are de—
veloped for -use on, an in
connection with this specific
project, and are disclosed in
confidence and shall not be
copied, reproduced, published
or otherwise used, directly or
indirectly, in whole or in part
to provide information to pro—
duce, construct, or manu—
facture drawings, prints,
apparatus, parts, or assemblies
without the full knowledge
and written consent of Oom—
iny + Associates Architects.
This Drawing is protected by
Common Law Copyright. All
Patentable Material contained
herein and originating with
Dominy + Associates Archi—
tects shall be the Property of
Dominy + Associates Archi—
tects. Any use of Patentable
-Material shall be subject to
Royalty Payments to Dominy
+ Associates Architects.
c Copyright Date 3/1/90
* Q No. C7994 —
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Mar 27 01 05:42p Guggenheim/Hoelscher 949-752-7968
THIS ORICINALOOCOML-0 #ASSCANNEF
1'"` -" r_.�f ffAND ELECTRONICALLY RECORDED ON
IH;.i i.�...;++•.rllili:�'r7avRRNCEPOi�'FF�`
WHEN RECORDED, MAIL T0:
MCDERMOTT, WILL & EMERY
1301 Dove Street, Suite 500
Newport Beach, California 92660
Attn: John B. Miles, Esq.
UP 30 MB
Document NoJ3 11 U9_o of%_q
First American Title IrtsurnnFn r,':
s
AGREEMENT FOR RECIPROCAL EASEMENTS AND OTHER MATTERS
THIS AGREEMENT FOR RECIPROCAL EASEMENTS AND OTHER
MATTERS (the "Agreement") is entered into on 3�e��tvx.fle.� 3D ,
1998, by and between CHURCH OF ST. MATTHEWS BY THE SEA, a
California non-profit corporation ("ST. MATTHEWS"), whose address
is 1723 Westcliff Drive, Newport Beach, California 92660, and
DANIEL M. GUGGENHEIM and SUSAN GUGGENHEIM, TRUSTEES UNDER THE
DANIEL AND SUSAN GUGGENHEIM REVOCABLE TRUST DATED APRIL 1, 1992, AS
AMENDED AND RESTATED SEPTEM13ER 12, 1994 (the "TRUST"), whose
address is 4100 MacArthur Boulevard, 'Suite 150, Newport Beach,
California 92660.
RECITALS
A. ST. MATTHEWS is the fee owner of the real property
more particularly described on the attached EXHIBIT "A" (the
"Church Parcel"). TRUST is the fee owner of the real property more
particularly described on the attached EXHIBIT "B" (the "School
Parcel"). The School Parcel and the Church Parcel (collectively,
the "Covered Property") are located between Bonita Canyon Drive and
Ford Road, off Prairie Road, in the City of Newport Beach, Orange
County, California and are depicted in the site plan attached
hereto as EXHIBIT "C".
B. ST. MATTHEWS and TRUST wish to establish certain
easements and certain covenants running with the land affecting the
Covered Property by their execution and recordation of this
Agreement.
ARTICLE I. DEFINITIONS
The following terms shall have the meanings set forth
below, unless the context clearly indicates otherwise:
Section 1.01 - Common Area. "Common Area" means all the
Parking Area (as defined below), driveways, and outdoor sidewalks
within the Covered Property, as such improvements may be configured
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p.2
Mar 27 01 05:42p Guggenheim/Hoelscher 949-752-7968 p.3
from time to time, but excluding the buildings on the Covered
Property, all sidewalks adjacent to such buildings and the sidewalk
coverings and landscaping (except as provided in Section 1.07
below).
Section 1.02 - Mortgage. "Mortgage" means any duly recorded
mortgage, deed of trust, or other conveyance, hypothecation, or
encumbrance of a Parcel or any portion thereof or interest therein
to secure the performance of an obligation and which will become
unenforceable and/or be released or reconveyed upon completion of
such performance. The term "First Mortgage" means a Mortgage which
has priority over any other Mortgage with respect to the real
property encumbered by such First Mortgage.
Section 1.03 - Mortgagee. "Mortgagee" means the mortgagee,
beneficiary, grantee, or other secured party under any Mortgage.
The term "First Mortgagee" shall mean the holder of a First
Mortgage.
Section 1.04 - Mortgagor. "Mortgagor" means the mortgagor,
trustor, grantor, or other person granting a security interest
under any Mortgage.
Section 1.05 - Owner. "Owner" means the one or more persons
who are alone or collect viely the record owner of fee simple title
to a Parcel, including TRUST and ST. MATTHEWS. A ground lessee of
a Parcel for a fixed term of not less than 35 years, including
extension or renewal options, shall be deemed an Owner if the
record owner of the fee simple title to the Parcel so agrees in an
instrument of record. Such term shall not, however, include any
person having an interest in a Parcel or any portion thereof or
interest therein merely as security for the performance of an
obligation.
Section 1.06 - Parcel. "Parcel" means a separate legal lot
or parcel, to the extent such lot or parcel is now or hereafter a
part of the Covered Property.
Section 1.07 - Parking Area. "Parking Area" means all those
portions of the Covered Property which are designed and intended
for use as parking area for passenger vehicles, and all driveways
serving such parking area, as such portions and driveways are from
time to time configured. The "Parking Area" shall also include the
landscape island located completely within the area designated for
use as vehicle parking. The "Phase I Parking Area" and the "Phase
II Parking Area" are as defined in Section 2.01(b).
Section 1.08 - Permittees. "Permittees" means (i) the
employees, agents, members, patrons, guests, customers and invitees
of an Owner when such persons are transacting business on or
visiting the Covered Property, (ii) the tenants (including
subtenants) and contract purchasers of such owner's Lot, when such
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Mar 27 01 05:43p Guggenheim/Hoelscher 349-752-7968 p.4
Section 2.04 - Benefit of Easements; Limitation on
Interference and Subdivision.
(a) Whenever in this Agreement an easement or right is
stated to be granted, reserved, or otherwise established for the
benefit of one or more Parcels, such easement or right shall also
be deemed to be granted, reserved, or established for the benefit
of each portion of each such Parcel.
(b) The easements granted or to be granted under this
Agreement shall be established and used so as not -to unreasonably
interfere with the use and enjoyment of any Parcel by the Owner
thereof and by such Owner's Permitted Occupants and Permittees.
(c) If any Parcel is hereafter divided into two or more
Parcels, each portion of such divided Parcel shall be benefitted
and burdened by the easements, rights, and obligations established
under this Agreement in the same manner as it was benefitted and
burdened prior to such division. Without limiting the foregoing,
such division shall not impair any right of any other Owner to use
the easements or exercise any other rights with respect to such
divided Parcel in the same manner as the same were or could have
been exercised prior to such division.
(d) Each Owner shall have the right and power to grant to
any person who acquires any one or more of the Parcels owned by the
granting Owner, or who acquires any Parcel created by a division of
a Parcel owned by the granting Owner, all right, title, and
interest in all easements and other rights which are established
under this Agreement with respect to and for the benefit of such
Parcel or Parcels. The provisions of the immediately preceding
sentence shall not be construed to alter the intent of TRUST and
ST. MATTHEWS that each of the easements and other rights
established hereunder for the benefit of a Parcel shall be
appurtenant to and shall pass with title to such Parcel or any
portion thereof, whether or not such easements and other rights are
expressly transferred to a grantee of title to such Parcel or any
portion thereof in the same or any other instrument; but such
provisions are included only to vest in each Owner the power and
authority to execute such documents of conveyance as may from time
to time be required by any grantee who acquires title to a portion
of the Covered Property from such Owner to reconfirm in such
grantee the easements and other rights established hereunder for
the benefit of such portion of the Covered Property.
Section 2.05 - Rights Reserved.
(a) Each Owner shall have the right, without obtaining
the consent or approval of any other Owner, to make modifications,
from time to time, in those portions of its Parcel which are
subject to the easements established under this Agreement, provided
that (i) the accessibility of the Covered Property on any such
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Mar 27 01 05:43p GuggenheimlHoelscher 949-752-7868
p.5
Parcel to pedestrian and vehicular traffic shall not be
unreasonably restricted thereby, (ii) such modification shall not
foreseeably cause any other Owner to change its Parcel in order to
conform thereto, (iii) such modification shall not reduce the
number of parking stalls on such Owner's Parcel that are available
for nonexclusive use as contemplated by Section 2.01 above, (iv) at
least 30 days prior to making such modification, such Owner shall
deliver to the other Owners, for their review only, copies of the
plans therefor, and (v) no change in the size or location of the
curbcut and driveways located on the Covered Property and existing
on the date hereof, for entry of vehicles to and from Ford Road and
any other public streets, shall be made without the prior written
approval of the Owner of the other Parcel.
(b) Each Owner shall have the right to eject or cause the
ejection from any portion of the Common Area on its Parcel of any
person not authorized to use such portion of the Common Area. Each
Owner shall further have the right to close off, from time to time,
the Common Area on its Parcel for such reasonable periods of time
as may be legally necessary to prevent the acquisition of
prescriptive rights by any person; provided, however, that prior to
so closing off any portion of the Common Area, such Owner shall
give written notice to the other Owners of its intention to do so
and shall coordinate such closing with the other Owners so that no
unreasonable interference with the operation of the Covered
Property shall occur.
ARTICLE III.
OBSTRUCTION OF COMMON AREA.
Section 3.01 - Obstruction of Common Area. Except as
specifically provided in this Agreement, no Owner nor any of such
Owner's Permitted Occupants shall obstruct any portion of the
Common Area in any way which will impair the continuous and
uninterrupted use of such portion for purposes for which easements
and rights are established under this Agreement, except during the
period and to the extent that the same shall be reasonably required
in connection with any of the following:
(i) The exercise of the easements established
under any of the above Sections of this Agreement;
(ii) The exercise of any maintenance or repair
obligations established under this Agreement; and
(iii) The construction, reconstruction, repair,
maintenance, modification, alteration, or replacement of the
improvements on such Owner's Parcel, or any part or parts thereof
(to the extent the same may be permitted under applicable law and
is not prohibited by any provision of this Agreement), at any time
or from time to time located on such Parcel.
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ARTICLE IV. CONSTRUCTION, MANAGEMENT, MAINTENANCE
AND REPAIR OF COMMON AREA
Section 4.01 - Construction of Parking Area and Certain
Shared Improvements.
(a) TRUST shall cause the construction of those certain
Phase I Parking Area improvements and those certain infrastructure
improvements listed as line items in the section entitled "Shared
Costs/Site and Parking Lot" of the Sitework Design Development
Estimate (Revised 1/21/98) for Newport Coast Child Development
Preschool prepared by Lyle Parks, Jr., Inc., general contractor
(such improvements are referred to herein as the "Shared 50%
Improvements"). TRUST shall initially be solely responsible for
the costs of the Shared 50% Improvements. Upon issuance to ST.
MATTHEWS of a building permit for the building(s) (if more than
one, for the first building) to be constructed on the Church
Parcel, ST. MATTHEWS shall promptly reimburse TRUST for fifty
percent (50%) of the total costs of the Shared 50t Improvements as
actually incurred by TRUST. TRUST shall provide ST. MATTHEWS with
such supporting documentation for the costs of the Shared 50%
Improvements as ST. MATTHEWS reasonably requests.
(b) Notwithstanding TRUST's easement rights to the Phase
II Parking Area as set forth in this Agreement, ST. MATTHEWS shall
be solely responsible for the costs of construction of the Phase II
Parking Area. ST. MATTHEWS shall construct the Phase II Parking
Area concurrently with its development of the Church Parcel.
(c) Except as set forth in subsection (a) above and in
Section 4.02 below, ST. MATTHEWS and TRUST shall each be
responsible for all improvements constructed on their respective
Parcels.
Section 4.02 - Parking Area Maintenance. From and after the
date of issuance of a certificate of occupancy for the building(s)
(if more than one, for the first building) on the Church Parcel,
all costs incurred in connection with the Parking Area (e.g.,
utilities, lighting, landscaping, maintenance, repair and, to the
extent mutually agreed by the Owners), replacement shall be shared
24% by TRUST and 76% by ST. MATTHEWS [i.e., in the ratios which the
required parking for each Parcel bears to the total required
parking: 32/134 for the School Parcel and 102/134 for the Church
Parcel].
Section 4.03 - General Maintenance and Repair of Common Area
and Parcels.
(a) Subject to the sharing of certain costs as set forth
in Section 4.02(b) above, each Owner shall maintain the Common Area
Mar 27 01 05:44p Guggenheim/Hoelscher 949-752-7968 p.7
on its Parcel in clean order and good condition and repair,
including the Parking Area, all sidewalks, entrances, exits,
aisles, driveways, and roadways from time to time located on the
Common Area during the term of this Agreement and shall keep the
same open for the free use thereof as intended in this Agreement.
The foregoing obligation shall include keeping the Parking Area on
an Owner's Parcel free from rubbish and debris, causing that
portion of the Parking Area to be swept on a regular basis,
restriping, surface repairs, maintenance and replacement of
lighting, landscaping and irrigation systems and any other
maintenance and repair necessary to keep the Common Area in good
condition and repair. Each Owner shall have the general possession
and control of the Common Area on its Parcel, subject to the rights
established hereunder for the other Parcel and the other Owner.
(b) Each Owner shall keep, maintain, manage, and operate
all portions of its Parcel, including the facilities and
improvements thereon, in clean order and in good condition and
repair. Each Owner shall bear the costs of installing, maintaining
and repairing any utility lines, wiring, pipes or systems on its
Parcel, except those installed, maintained and repaired by the
other Owner pursuant to Section 2.02,
(c) Each Owner shall be responsible for the storage and
timely removal of all trash from its Parcel. No Owner or any
Permitted Occupant of such Owner shall use the Parcel of the other
Owner for trash disposal, except upon the advance written consent
of the other Owner.
Section 4.04 - Owners' Respective Costs. Except as
otherwise specifically provided herein or as otherwise agreed to in
writing from time to time by the Owners, the expenses incurred by
each Owner in performing the acts required to be performed by such
Owner under this Agreement shall be borne solely by such Owner.
Section 4.05 - Rules and Regulations. Reasonable rules and
regulations for use and enjoyment of the Common Area (the "Rules
and Regulations") may be adopted and modified from time to time by
mutual agreement of the Owners, The Rules and Regulations may
regulate use and enjoyment of the Common Area in a manner not
inconsistent with the provisions of this Agreement. Each Owner
shall observe and comply with, and shall cause its Permittees to
observe and comply with, the Rules and Regulations. The Rules and
Regulations shall apply uniformly to all Owners and their
respective Permittees, unless the Owners mutually agree that such
uniformly would not be consistent with the nature of the business
of any particular Owner or Permittee.
ARTICLE V. RIGHTS TO ENTER COMMON AREA
AND TO MAINTAIN FOR ANOTHER
Section 5.01 - Right to Enter Common Area. Each Owner shall
Mar 27 01 05:44p GuggenheimlHoelscher 949-752-7988 p.8
have the right to enter upon any portion of the Common Area to
perform the work or furnish the services required or permitted of
such Owner by this Agreement to be performed on such portion of the
Common Area.
Section 5.02 - Right to Perform Work of Another. Each Owner
shall have the right to enter upon any portion of the Common Area
to perform the work or furnish the services required of the other
Owner by this Agreement, without being obligated to do so, in the
event such other Owner shall fail to perform such work or render
such services upon or as to such portion of the Common Area.
Section 5.03 - Procedure for Performance. Prior to any
performance of work or furnishing of services by any Owner (the
"Curing Owner") for any work or services required of the other
Owner (the "Responsible Owner") pursuant to this Agreement, the
Curing Owner shall give to the Responsible Owner notice of the work
to be performed or the services to be furnished. Such notice shall
be given as provided herein and shall be given at least 15 days
prior to the commencement of such performance of work or furnishing
of services; provided, however, that if the work to be performed or
the services to be furnished are of an emergency nature, the Curing
Owner need not give 15-days' prior notice, but shall give notice as
soon as reasonably practicable.
Section 5.04 - Cost of Performance. Upon completion of any
performance of work or furnishing of services pursuant to Section
5.03 above, or from time to time if such work or service is of a
continuing nature, the Curing Owner shall submit an itemized
statement of the cost thereof to the Responsible Owner. The amount
thereof shall be due and payable by such Responsible Owner to such
Curing Owner within 10 days after such Responsible Owner's receipt
of such statement. The amount shown on such statement as expended
by such Curing Owner shall bear interest at the rate established
pursuant to Section 7.02, from the date of the expenditure therefor
until the date of full reimbursement by such Responsible Owner.
Section 5.05 - Removal of Liens. Whenever under the terms
of this Article V any Curing Owner undertakes to perform any work
or furnish any service with respect to the Parcel of the other
Owner, such Curing Owner shall not permit any mechanics',
materialmen's, or other similar lien to stand against such Parcel
in connection with such work or service (except for its own lien
rights granted pursuant to this Agreement). Notwithstanding the
foregoing, such Curing Owner may bond against and contest the
correctness or validity of'any such lien, but upon determination of
the correctness or validity and the amount thereof, it shall
immediately pay any judgment rendered, with all proper costs and
charges, and shall have the lien released at its sole expense.
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Mar 27 01 05:45p Guggenheim/Hoelscher 949-752-7568 p.9
� n
ARTICLE VI. DEFAULTS AND LIEN RIGHTS
Section 6.01 - Default and Cure. If any owner shall be
compelled, or shall elect pursuant to this Agreement, to pay any
sum of money or do any act which requires the payment of money by
reason of any other Owner's failure or inability to perform any of
the provisions of this Agreement to be performed by such defaulting
Owner, then such defaulting Owner shall promptly upon demand
reimburse the paying Owner for (i) such sums actually expended by
such paying Owner as a result thereof, (ii) such paying Owner's
reasonable out-of-pocket expenses (including reasonable attorneys'
fees) in so doing, and (iii) all penalties, if any, arising from
such defaulting Owner's failure or inability that were paid by such
paying Owner, with interest on all such amounts at the rate
provided in Section 6.02 below from date of payment by such paying
Owner to the date of reimbursement from such defaulting Owner.
Section 6.02 - Due Date; Interest. Except as may be
otherwise specifically provided herein, if any Owner shall fail to
pay any other Owner any amount due such other Owner pursuant to the
provisions of this Agreement on or before the time specified herein
(or within 10 days after written request therefor, if not so
otherwise specified herein), then such other Owner shall be
entitled to collect interest at a rate equal to the greater of (i)
one percentage point above the then existing reference rate of
interest announced from time to time by the Bank of America, Los
Angeles, California, as its reference rate of interest or (ii) 10%
per annum (but in no event exceeding the maximum rate then
permitted by applicable law), from such due date until full payment
is made to such Owner, as well as the costs of collection of such
amounts (including reasonable attorneys' fees).
Section 6.03 - Lien Rights.
(a) In the event any Owner fails to reimburse the other
Owner for any costs expended by the other Owner under Sections
3.04, 4.02, 5.04 and 6.01, or otherwise disputes its obligation too
so reimburse the other Owner, then such matter shall be submitted
to the American Arbitration Association for binding arbitration in
Orange County, California, by one arbitrator in accordance with the
Association's Commercial Rules. Upon the rendering of an award by
such arbitrator against an Owner (the "Defaulting Owner"), the
award shall be a charge against the Parcel of the Defaulting Owner
in favor of the Owner in whose favor the award was rendered (the
"Non -Defaulting Owner"). The charge shall be the personal
obligation of the Defaulting Owner, and of the successor in
interest of such Defaulting Owner. The Non -Breaching Owner may
deliver to the Defaulting Owner and record with the Orange County
Recorder a certificate or notice of lien describing the nature of
the violation, the legal description of the Parcel, the record or
reputed owner thereof, the name and address of the owner filing
such notice of lien, and the amount due (including authorized
Mar 27 01 05:45p Guggenheim/Hoelscher 949-752-7969 p.10
interest and other reasonable costs of collection. No lien shall
exist until such notice of lien is recorded, and the priority of
such lien shall be determined as of the date of the filing of such
notice of lien for recording. Such lien shall continue until
released by the Non -Breaching Owner or fully discharged, but in no
event longer than 2 years after the date of recording. Such lien
may be enforced by sale of the entire interest of the Defaulting
Owner in the Defaulting Owner's Parcel by the Non -Breaching Owner
or any other person authorized by law to make such sale. Such sale
shall be conducted in accordance with the provisions of California
law applicable to the exercise of powers of sale in mortgages, or
in any other manner permitted by law.
(b) Upon payment to the Non -Breaching Owner of the full
amount claimed in a notice of lien recorded pursuant to
paragraph (a) above or upon other satisfaction thereof, the
Non -Breaching Owner shall cause to be recorded a notice of the
satisfaction and release of such lien.
ARTICLE VII. INSURANCE AND INDEMNITY
Section 7.01 - Liability Insurance. Each Owner shall, at
its sole cost and expense, obtain and keep in effect from the date
of this Agreement either comprehensive general liability insurance
or commercial general liability insurance (as such terms are used
in the insurance industry) applying to the use and operation of the
Common Area on its Parcel. Such insurance shall include broad form
contractual liability insurance coverage insuring all of such
Owner's insurable indemnity obligations under this Agreement. Such
coverage shall have a minimum combined single limit of liability of
at least $1,000,000 per occurrence and a general aggregate limit of
at least $1,000,000 for each 12-month period during the policy
term. Each such policy shall be written to apply to all bodily
injury, property damage, personal injury and other covered loss,
however occasioned, during the policy term, and shall be endorsed
(i) to add the other Owner as an additional insured and (ii) to
provide that such coverage shall be primary and any insurance
maintained by the other Owner shall be excess insurance only. Each
such policy shall provide for severability of interests, and shall
provide that an act or omission of one of the named insureds shall
not reduce or avoid coverage to the other named insureds. All
coverages described above in this Section shall be endorsed to
provide the other Owner with at least 30-days' prior written notice
of cancellation.
Section 7.02 - Indemnity. Each Owner shall indemnify,
protect, defend, and hold the other Owner harmless from and against
any and all claims, loss, damages, proceedings, causes of action,
liability, costs, and expenses (including reasonable attorneys'
fees) arising from or in connection with, or caused by, (i) any
act, omission, or negligence of such Owner, or any of such Owner's
Permitted Occupants, Permittees or contractors, at any time while
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on the Covered Property, or (ii) any accident, injury, death, or
damage suffered by any person or property on or about the Parcel of
the indemnifying Owner, excluding any such claims, loss, damages,
causes of action, liability, costs, or expenses to the extent
arising from or in connection with, or caused by, negligence or
willful misconduct of the other Owner (as applicable).
ARTICLE VIII. RIGHTS OF MORTGAGEES
Section 8.01 - Lien Not Invalidated. No breach or violation
of any provision of this Agreement shall invalidate or impair the
lien of any Mortgage made in good faith and for value. However,
except as provided in Sections 8.02 and 8.04 below, all of the
covenants, conditions, restrictions, and other provisions hereof
shall be binding on any Owner (as distinguished from a Qualifying
Mortgagee under Section 8.02) whose title is derived through a
foreclosure sale, a deed or assignment in lieu of foreclosure, or
otherwise pursuant to the lien rights of the Mortgagee under such
Mortgage (including, without limitation, all unsatisfied
obligations accruing prior to such Owner's acquisition of title).
Section 8.02 - Mortgagee Need Not Cure. Any First Mortgagee
holding a First Mortgage securing a loan or other extension of
credit made in good faith and for value to an Owner (a "Qualifying
Mortgage") who acquires title to a Parcel by foreclosure sale or by
deed or assignment in lieu of foreclosure shall not be obligated,
during the period in which it so holds title, to cure any breach of
this Agreement that occurred prior to the date of its acquisition
of such title or that is noncurable or of a type that is not
practical or feasible to cure.
Section 8.03 - Mortgagee Request for Notice. If any First
Mortgagee of a Parcel shall make written request to an Owner of
another Parcel for notice of any action which such Owner shall
thereafter take under Article V above with respect to the mortgaged
Parcel, then a copy of any notice given pursuant to such Article by
such Owner with respect to the mortgaged Parcel shall
simultaneously be given by such Owner to such Mortgagee. Upon
receipt of such notice, such Mortgagee shall have the right (but in
no event shall be obligated) to perform or cause to be performed
the work or cause to be rendered the service due under this
Agreement from its Mortgagor, to the same extent and upon the same
conditions as its Mortgagor might have done so.
Section 8.04 - Additional Rights of Mortgagees. A lien
created against a Parcel pursuant to Section 6.03 above for amounts
due from the Owner of such Parcel shall be subordinate to the lien
of any Qualifying Mortgage. On taking title to the Parcel
encumbered by the Qualifying Mortgage, the foreclosure -purchaser
shall be obligated to pay only those maintenance costs that become
due or payable on or after the foreclosure -purchaser acquired title
to such Parcel.
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ARTICLE IX. TERM AND TERMINATION
Section 9.01 - Term and Termination. Except for then
existing easements, the duration of which shall be governed by
Section 2.02(c), this Agreement shall continue in force until
December 31, 2020, unless an agreement for termination hereof is
recorded meeting the requirements of an amendment to this Agreement
as set forth in Section 10.01 below. This Agreement shall be
automatically extended for successive periods of 10 years as to
each Parcel, unless an instrument meeting the requirements of such
an amendment has been recorded at least 60 days prior to
December 31, 2020, or the end of any such 10-year period (as
applicable), terminating this Agreement in whole or in part.
Section 9.02 - Effect of Termination. Upon termination of
this Agreement as to any Parcel, all rights and privileges derived
from, and duties and obligations created or imposed by, the terms
hereof for the benefit of or as a burden upon such Parcel shall
terminate and thereafter cease to exist; and all burdens in favor
of such parcel, as the dominant estate, over and upon any other of
the Parcels, as the servient estate, shall likewise terminate and
thereafter cease to exist. Notwithstanding the foregoing, such
termination shall not limit or affect any remedy at law, in equity,
or under this Agreement of any Owner entitled to enforce the
provisions hereof against any other Owner with respect to any
liability or obligation on the part of such other Owner arising or
to be performed under this Agreement prior to the date of such
termination; nor shall such termination affect the duration of
easements governed by Section 2.03(c).
Section 9.03 - No Termination Upon Default. This Agreement
and the rights and obligations arising hereunder shall continue in
full force and effect throughout the term of this Agreement,
notwithstanding any breach or violation of any provision hereof by
any Owner.
ARTICLE X. GENERAL PROVISIONS
Section 10.01 - Amendment. This Agreement, or any provision
hereof, may be terminated, extended, modified, or amended only by a
written instrument executed and acknowledged by all Owners of the
Parcels.
Section 10.02 - Covenants To Run With Land. The parties
agree that the Covered Property shall be held, developed, conveyed,
hypothecated, encumbered, leased, rented, used, and occupied
subject to the covenants and other limitations set forth in this
Agreement (collectively, the "Covenants"). All and each of the
Covenants shall run with the land, shall be binding upon and
burden, and shall inure to the benefit of, all persons having or
acquiring any right, title, or interest in the Covered Property, or
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any part thereof, and their successors and assigns, and if
unenforceable as covenants running with land, shall constitute
equitable servitudes imposed on each Parcel.
Section 10.03 - Enforcement Rights. In the event of any
breach, violation, or failure to perform or satisfy any of the
duties or obligations contained herein which has not been cured
within 30 days after written notice to do so, any Owner may enforce
the provisions of this Agreement (i) by a suit in law for damages
for any compensable breach of or noncompliance with any of the
provisions contained herein or for declaratory relief to determine
the enforceability of any of such provisions, (ii) by an action in
equity or otherwise for specific performance to enforce compliance
with the provisions hereof or for an injunction to enjoin the
continuance of any such breach or violation thereof, or (iii)
through any other right or remedy to which such Owner may be
entitled at law or equity. All remedies provided herein or by law
or equity shall be cumulative and not mutually exclusive.
Section 10.04 - Force Majeure. Each Owner shall be excused
from performing any of its obligations or undertakings provided for
in this Agreement, except any of its obligations to pay any sums of
money under applicable provisions hereof (unless the means of
transmitting money are disrupted by one or more of the following
events), in the event and for so long as the performance of such
obligation is prevented, delayed, retarded, or hindered by (i) fire
or explosion; (ii) earthquake, flood, action of the elements, or
any other act of God; (iii) war, invasion, insurrection, riot, mob
violence, sabotage, or malicious mischief; (iv) inability to
procure or general shortage of labor, equipment, facilities,
materials, or supplies in the open market or failure of
transportation; (v) strike, lockout, or other labor dispute; (vi)
condemnation, requisition, law, or order of government or civil or
military or naval authority; or (vii) any other cause (excluding
financial inability), whether similar or dissimilar to the
foregoing, not within the reasonable control of such Owner.
Section 10.05 - Offset Statement. Each Owner shall, upon
reasonable request of any other Owner or of any Mortgagee of such
other Owner, furnish an offset statement stating whether this
Agreement is in effect, identifying any modifications or
amendments, and stating whether or not the Owner furnishing the
statement knows of any default of another Owner under this
Agreement and, if so, specifying the nature of such default with
particularity.
Section 10.06 - No Rights in Public; No Merger.
(a) Nothing herein contained shall be deemed to be a gift
or dedication of any portion of the Covered Property to or for the
general public or for any public purpose whatsoever, it being the
intention of the parties that this Agreement shall be strictly
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Mar 27 01 05:48p Guggenheim/Hoelscher 949-752-7968 p.14
limited to and for the purposes herein expressed.
(b) The acquisition of title by an Owner to both a Parcel
benefitted by any of the provisions of this Agreement, or by any
easement established hereunder, and a Parcel burdened thereby shall
in no event cause a termination or merger of such provision or
easement with respect to such Parcels unless such Owner records an
instrument stating that by virtue of such acquisition the lesser
interest has merged into the greater interest.
Section 10.07 - No Waiver; Cumulative Remedies.
(a) No waiver of any default by any Owner shall be
implied from any omission by any other Owner to take any action in
respect of such default, if such default continues or is repeated.
No express waiver of any default shall affect any default or cover
any period of time other than the default and period of time
specified in such express waiver. A waiver of any default in the
performance of any provision contained in this Agreement shall not
be deemed to be a waiver of any subsequent default in the
performance of the same provision or any other provision contained
herein. The consent or approval of any Owner to or of any act or
request by any other Owner requiring consent or approval shall not
be deemed to waive or render unnecessary the consent or approval to
or of any subsequent similar acts or requests.
(b) The rights and remedies given to each Owner under
this Agreement shall be deemed to be cumulative; and no one of such
rights and remedies shall be exclusive, at law or in equity, of any
other right or remedy which any such Owner might otherwise have by
virtue of a default under this Agreement. The exercise of one such
right or remedy by any such person shall not impair such Owner's
right to exercise any other such right or remedy.
Section 10.08 - Attorneys' Fees. In the event at any time
during the term of this agreement an Owner shall institute any
action or processing against any other Owner relating to the
provisions of this Agreement or any default hereunder, then the
unsuccessful Owner in such action or proceeding, as determined by
the Court, shall reimburse the successful Owner therein for the
reasonable costs (including Court costs and reasonable attorneys'
fees) incurred therein by such successful Owner.
Section 10.09 - Notices. All notices or other
communications required or permitted hereunder shall be in writing,
and shall be personally delivered, or sent by registered or
certified mail, postage prepaid, return receipt requested, or
overnight courier, or telecopy, and shall be deemed received upon
the earlier of (a) if personally delivered, the date of delivery to
the person to receive such notice, (b) if mailed, on 'the' date
appearing on the return receipt, but if delivery of the notice or
communication is refused or if the notice or communication is
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v
r,
unclaimed, then it shall be conclusively deemed received four (4)
business days after the date of posting by United States Post
Office, or (c) if given by overnight courier, upon receipt by the
person to receive such notice as confirmed by the courier service.
The address of each party for purposes of notices and
communications is as follows:
If to TRUST c/o Daniel M. Guggenheim
The Guggenheim -Company
4100 MacArthur Boulevard, Suite 150
Newport Beach, CA 92660
If to ST. MATTHEWS: 1723 Westcliff Drive
Newport Beach, California 92660
Attn: Rev. Stephen C. Scarlett
Notice of change of address shall be given as detailed in this
Section 10.09. Rejection or other refusal to accept or the
inability to deliver because of changed address of which no notice
was given shall be deemed to constitute receipt of the notice or
communication sent. If an Owner has transferred its Parcel and the
new Owner has not provided the other Owner with its address for
notices, such notice shall be given to the Owner at the address
maintained by the County tax assessor, for the mailing of tax bills
for the parcel of such owner.
Section 10.10 - General Interpretation.
(a) This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California. If any
provision contained in this Agreement (or the application thereof)
shall to any extent be invalid or unenforceable, the remainder of
this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
(b) The captions herein are for convenience of reference
only and shall not affect the interpretation hereof. All exhibits
referred to in this Agreement are incorporated in this Agreement in
their entirety.
(c) No provision of this Agreement shall be interpreted
for or against any party because that party or that party's legal
representative drafted such provision.
(d) Unless otherwise specified herein, if the consent of
an Owner is required such consent shall not be unreasonably
withheld.
(SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have executed this
instrument on the date first above written.
NP\47200\010\10REAAN0.004
CHURCH OF ST. MATTHEWS BY THE SEA,
a California non-profit corporation
j� -
Name: : � l • �i� rC/�
Title:rC�
DANIEL AND SUSAN GUGGENHEIM REVOCABLE
TRUST DATED APRIL 1, 1992, AS AMENDED
AND RESTATED SEPTEMBER 12, 1994
By:
Daniel M. Gug eim
Trustee
By: o� �CX
Susan Guggen eim
Trustee
Mar 27 01 05:49p
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STATE OF CALIFORNIA )
ss.
COUNTY OF )
On / / 6ti�1, 1991fbefore me,
/ZgfMt- personally appeared ,rim Ph
personally known to me (or proved to mb on the basis of
satisfactory evidence) to be the person Gal whose name.W is/a-r -
subscribed to the within instrument and acknowledged to me that
he/shekthey executed the same in his/her-ft-hei-f authorized
�,.. �,
capacity (ies) , and that by his/�z-,-�z signature (z'j• on the
instrument the person Cal , or the entity upon behalf of which the
person( acted, executed the instrument.
WITNESS my hand and official seal.
Signature t1(,%G� (� (� ✓�0
STATE OF CALIFORNIA )
SS
COUNTY OF )
0A , 19 fore me,
personally appeared \ �, �� w.�
personally known to me (or proved o 1 on the basis�of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
W TNESS my hand and official seal.
Signature (Seal)
CAiHIE Ho—wmN
a J ODAM. d 1(6%W
g • _ WORANGECOUNIY
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Mar 27 01 05:49p Guggenheim/Hoelscher 949-752-7968 p.18
EXHIBIT "A"
LEGAL DESCRIPTION OF CHURCH PARCEL
[TO BE ATTACHED AFTER SUBDIVISION]
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DESCRIPTION:
EXHIBIT "A"
PARCEL 1 AND LETTERED PARCEL A OF PARCEL MAP NO. 97-211, AS
SHOWN ON A MAP FILED IN BOOK 302, PAGES 11 AND 12 OF PARCEL
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Mar 27 01 05:50p Guggenheim/Hoelscher 949-752-7868 p.20
EXHIBIT "B"
LEGAL DESCRIPTION OF SCHOOL PARCEL
[TO BE ATTACHED AFTER SUBDIVISION]
- 21 -
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p.21
DESCRIPTION:
EXHIBIT "B"
PARCEL 2 AND LETTERED PARCEL B OF PARCEL MAP NO, 97-211, AS
SHOWN ON A MAP FILED IN BOOK 302, PAGES 11 AND 12 OF PARCEL
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
N972SM010110DESCRLOOI
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EXHIBIT "C"
SITE PLAN - DEPICTION OF CHURCH PARCEL AND SCHOOL PARCEL
- 22 -
Mar 27 01 05:51p Guggenheim/Hoelscher
949-752-7966 p.23
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Mar 27 01 05:52p Guggenheim/Hoelscher 949-752-7968 p.26
persons are transacting business on or visiting the Covered
Property, and (iii) the respective employees, agents, members,
patrons, guests, customers and invitees of such tenants and
contract purchasers, when such persons are transacting business on
or visiting the Covered Property.
Section 1.09 - Rules and Regulations. "Rules and
Regulations" means such reasonable rules and regulations for use
and enjoyment of the Common Area as may be adopted and modified
from time to time pursuant to Section 4.04 below.
ARTICLE II.
Section 2.01 - Easements for Use - Access and Parking.
(a) TRUST and ST. MATTHEWS each hereby grant to the other
as grantee, for the benefit of and appurtenant to each Parcel owned
by such grantee, nonexclusive, reciprocal surface easements for
access to, ingress and egress over, and use and enjoyment of the
Common Area on such grantor's Parcel for (i) passage of vehicles
and pedestrian traffic, (ii) parking, (iii) other uses incidental
to such passage and parking, and (iv) the doing of such other
things as are specifically authorized or required to be done on
such part of the Common Area pursuant to this Agreement. Each
Owner shall designate an area or areas on its Parcel for parking by
its employees and shall take any and all steps reasonably necessary
to ensure that the employees park only on such Parcel.
(b) The Owners acknowledge that the initial Parking Area
shall consist of thirty-two (32) parking spaces, one of which is
for a motorcycle (the "Phase I Parking Area"), and upon
construction of the church building(s) upon the Church Parcel, the
Parking Area will be expanded to accommodate an additional seventy-
two (72) parking spaces, one of which is for a motorcycle (the
"Phase II Parking Area"). Both Owners shall have access to and use
of both the Phase I Parking Area and, upon completion, the Phase II
Parking Area, upon the terms and conditions of this Agreement. The
total number of spaces in the Phase I and II Parking Area is one
hundred four (104), of which two (2) are for motorcycles.
Section 2.02 - Utility Easements.
(a) TRUST and ST. MATTHEWS each, for itself as an Owner
and for each subsequent Owner of each of the Parcels owned by it or
any portion thereof, covenants that each such Owner shall grant to
each other Owner, upon written request, such nonexclusive
underground easements and nonexclusive surface easements related
thereto on, under, and across the Common Area on the Parcel of such
granting Owner as may be required for construction, installation,
operation, maintenance, removal, and replacement of sewers; water
pipes and systems; gas pipes and systems; drainage lines and
systems; electrical power conduits, lines, and wires; telephone
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Mar 27 01 05:52p Guggenheim/Hoelscher 949-752-7968 p.27
conduits, lines, and wires; and other utilities; provided that such
easements shall not interfere with the granting Owner's use of any
structures on its Parcel; and further provided that in the
performance of any such work the Owner performing such work shall:
(i) Make adequate provision for the safety
and convenience of all persons using the surface of such easement
area;
(ii) Minimize interferences with business
operations being conducted on the Covered Property, including,
without limitation, safe and convenient access to buildings, safe
and convenient use of the Parking Area, and elimination of any down
time of utility service;
(iii) Assure that all such utility
installations are placed entirely below the surface of such
easement area at a depth consistent with the requirements of the
utility provider and sound building practices, except for surface
facilities used in conjunction with the underground installation;
(iv) Replace and restore the surface of such
easement area to the condition in which it existed prior to the
performance of such work;
(v) Hold harmless, protect, defend, and
indemnify such granting Owner from and against all claims, loss,
damages, proceedings, causes of action, liability, costs, and
expenses (including reasonable attorneys' fees) arising from the
performance of such work or the use of such easement by the Owner
holding such easement; and
(vi) Notify such granting owner in writing,
not less than 30 days prior to the performance of such work (except
in case of emergency repairs).
(b) Each easement established pursuant to paragraph (a)
above shall terminate upon the cessation of use thereunder for more
than a continuous period of 18 months, unless (i) written notice is
given to the Owner of the Parcel which is burdened by such
easement, prior to the termination of such 18-month period, of the
reason for such suspension of use and of an intention to resume
such use within 24 months after the giving of such notice and (ii)
such use is in fact resumed prior to the expiration of such
24-month period. Easements providing access to or from adjacent
public streets and any portion of the Covered Property shall be
perpetual.
Section 2.03 - Certain Licenses.
(a) From time to time during the term of this Agreement,
each Owner may require a temporary license to use portions of the
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p.28
Common Area located on the Parcels of one or more other Owners for
the purposes of W performing maintenance upon, or making repairs
to, the Parcel of such Owner requiring such license and/or upon or
to the improvements on such Parcel, (ii) making construction
alterations, additions, and improvements to, or razing and
replacing the whole or any part of, the improvements on such
Parcel, and/or (iii) obtaining access, ingress, and egress to and
from the improvements on the other Parcels to carry on other
maintenance, repair, construction, and other work required or
permitted pursuant to this Agreement.
(b) Within a reasonable time prior to the commencement of
any such work, the Owner desiring to undertake the same shall
submit to the Owners of those Parcels to be affected by such
temporary license, for their respective approvals, (i) a plot plan
of all the Parcels on which the submitting Owner shall have
delineated those portions of the Common Area with respect to which
it reasonably requires a temporary license in connection with such
work and such access, ingress, and egress and (ii) evidence
sufficient to satisfy a reasonable person of the submitting Owner's
adequate financial responsibility (through insurance or otherwise)
to fulfill its obligation to restore all damage to the Parcels of
other Owners pursuant to the last sentence of paragraph (d) of this
Section. Each person of whom such license is requested shall,
within 10 days thereafter, notify such submitting Owner whether it
approves or disapproves the requested use; and in the absence of
such notice, the requested use shall be deemed approved by such
person.
(c) At all times during the period of exercise of any
such temporary license, the licensee shall take all measures
reasonably required to protect the other Owners and their
respective Permittees, and the property and business of each, from
injury or damage arising out of or caused by such work. Such
licensee shall not use such temporary license so as to unreasonably
impair or interfere with the use, occupancy, or enjoyment of the
Covered Property, or any portion thereof, by the other Owners and
their respective Permittees. During the period of use of such
temporary license, the licensee shall keep all portions of the
Parcels of other Owners free and unobstructed by any equipment,
construction materials, debris, or loose dirt related to such work,
except as permitted under such temporary license.
(d) Upon cessation of such work by the licensee, such
temporary license shall terminate and the licensee shall promptly
restore the portions of the Common Area so used to the condition in
which the same existed prior to the time of commencement of such
use. The licensee shall also restore all other portions of the
Parcels of other Owners which may have been damaged by or in
conjunction with such maintenance, repair, or construction work,
promptly following the occurrence of such damage.
- 5 -
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
PLANNING DEPARTMENT
(949) 644.3210
NOTICE OF FINAL APPROVAL
DATE: April 21, 2000
TO: Dominy and Associates Architects
FROM: Planning Director
SUBJECT: Use Permit No. 3633A
Please be advised that Use Permit No. 3633A was approved by the Planning Commission at its
meeting of March 23, 2000, and became effective on April 6, 2000. The final findings and
conditions of approvals are attached. Any deviation from them or the applications and plans
on file in the Planning Department may require an amendment to the application(s) mentioned
above for the project.
Applicant: St. Matthew's Church
Location: 2300 Ford Road
Description A request to modify the previously approved elevations, floorplans and building
footprints for St. Matthew's Church, by adding an additional 2,257 square feet of
useable area and increasing the capacity of the preschool from 50 to 60 children.
Should you have any questions, please contact our office.
Very truly yours,
PLANNIN,9 DEPARTMENT
Patricia Temple, Drector
By zazf4, 42:, N
Gir&Jer Varin
Executive Secretary Planning Commission
Enclosure: Approved Planning Commission minutes with Final Findings and Conditions of
Approval
❑ Approved Council minutes with Final Findings and Conditions of Approved
❑ Approved minutes
cc: Property Owner (if not applicant)
3300 Newport Boulevard, Newport Beach
City of Newport Beach
Planning Commission Minutes
March 23, 2000
INDEX
have zoning regulations in one part of town, Corporate Plaza, where we
established the height of the trees. We have conducted code enforcement to
achieve`,compliance with that zoning provision. It can be difficult on an
individual single family dwelling to embark on a code enforcement action, but if
the condition is applied we will do our best to enforce it.
.`
Commissioner Tucker sf teal that there seems to be some confusion. I think it
might be best to re -do the p`loccwith these minor corrections so that everybody
knows exactly what is being sign&d on.
Chairperson Selich asked if the apph'can?concurs with the continuance for one
more meeting to April 61h, to which he replied'yes.
Motion was made by Commissioner Tucker to continue this item to the
meeting of April 6, 2000.
Ayes: Kiser, Ashley, Selich, Kranzley, Tucker ` •�
Noes: None
Absent: Fuller, Gifford `
SUBJECT: St. Matthew's Church (David Pfeifer, Architect) Item No. 2
2300 Ford Road Up 3633A
• Use Permit No. 3633 Amended
A request to modify the previously approved elevations, floorplans and building
footprints for St. Matthew's Church, by adding an additional 2,257 square feet of
useable area and increasing the capacity of the preschool from 50 to 60
children.
Ms. Temple noted that this Use Permit is an amendment to one previously
considered by the Commission. The amendment is required due to changes in
the approved site plan. There is additional information, a set of revised findings
and conditions as a new Exhibit A (distributed). This particular exhibit was
prepared because the contract planner on the project inadvertently used the
original set of findings and conditions before the Commission had made their
changes during public hearing. The items in bold, reflect the changes as a result
of this amendment, the items that are italicized are the changes the
Commission made the last time they heard this item. You received earlier this
week, a communication from the Harbor View Knoll Haomeowners' Association
expressing concerns with regard to some of the features of the project. The
applicant has been working with that association and a letter from the project's
architect describing some proposed changes that they have agreed to will be
distributed. As a result of those communications, we have prepared an
additional condition of approval, number 14, which will specificially require that
a perimter wall along Bonita Canyon Road be installed as a mitigation measure
for noise concerns in relationship to the project.
City of Newport Beach
Planning Commission Minutes
March 23, 2000
At Commission inquiry, Ms. Temple noted tha the Site Plan represented a
sufficient barrier to road noise coming from Bonita Canyon Road and the San
Joaquin Hills Transportation Corridor. The fence is intended to fill any gaps
between the buildings on site. It will be allowed to be a property line fence,
except that it could be modified to set further back from the intersection should
the City site distance standards require it. Lot T is a landscape lot within the
area. The present landscape is currently scrub because that side has not been
developed.
Public comment was opened.
Fr. Steven Scarlett, Rector of St. Matthew's Church, 1723 West Cliff Drive stated
that he had applied for and was approved the plan that is before you now.
What we have done, however, is to rearrange some functions and shuffled
some things with building square footage. None of these change the
parameters of the project, as our intention is to build a church and pre-school
that will be an asset to the community. The wall in question was addressed the
last time. It is our intention to build that wall all the way around the perimiter. In
our first phase of construction, the actual church will not be built and there will
be a wall around the whole property. Eventually, when phase 2 comes along,
we will build the church that will supplant some of the wall. The wall will then
come up to the church building on either side.
David Pfeifer, Dominy and Associates Architects 2150 West Washington, Suite
303, San Diego stated that his firm has been involved with over 75 churches in
Southern California. His firm is very familiar with the issues of putting a church in
an established residential community. Noting a model, he pointed out the
exisitng pre-school on the adjoining site with an existing wall. It is the Church's
intention to maintain and continue that wall on the entire frontage on Bonita
Canyon, around the comer and onto the southern limits of the project. This is in
the Church's interest to provide a safe, quiet environment for the Church in their
outdoor spaces. The model represents the first phase of the development. The
second phase will be the sanctuary building. When that gets built, it will be a 45
foot tall structure. The church building wall in the frontage will replace the sound
blockage and sound attenuation created by the wall in this first phase. When
this property was subdivided, there were actual landscape lots between the
church buildable property and the right of way and are called Lot T, Lot R and
Lot S. These lots will be landscaped and maintained by the church. The actual
buildable property line is 37 feet back from the curb, and I estimate from the
sidewalk to the wall would be in the 25-27 foot range. After the initial approval,
the church went through some analysis to the plans. Looking at how the facility
was to be used, they determined they needed a little larger office space and a
choir practice room in the second story area. We made some revisions to the
plan that affected the massing. It was a net increase of 2,200 square feet in
gross square footage. A lot of that square footage is under the steeply,
traditional gothic sloping roofs, so in terms of cubic feet, the volume did not
INDEX
City of Newport Beach
Planning Commission Minutes
March 23, 2000
increase. We relocated where some of the second story is. We presented these
revisions to staff who determined that these revisions should come to the
Planning Commission. There is no change in use or architectural character of
the project, it is still a church, social hall, worship center, offices, classrooms and
a pre-school. The theme of the project is traditional, anglican architectural style,
steeply sloping roofs, lansard-like windows with some gothic themes, trying to
mainatin the characteristics of a traditional church which this is. The wall was
part of the original application and is still part of this application. Nothing of
substance has changed in regards to the wall. The extents and heights are the
same. The previous Commission approved this as proposed in the plans. This
concept on the pre-school was approved by the Planning Commission of the
City of Irvine. Two different jurisdictional bodies have reviewed this issue of the
wall replaceing the berm and have deemed that our application is sufficient in
terms of mitigating the noise or the sight lines to Bonita Canyon Road.
Commissioner Tucker, referencing the new, additional Condition of Approval No.
14 noted that it does not seem to indicate that the wall could come down and
that appears to be inconsistent with your desires. This condition seems to
indicate that a wall has to be up. I am not sure a note on a site plan will
supersede the condition.
Mr. Pfeifer answered that the site plan specifies that note, that this portion of the
wall is to be removed in phase 2, this condition does not address that
specifically. In that case, I would like to propose a modificaiton to this condtiion
that the portion of the wall on the north side of the worship center can be
removed in phase 2 during the construction of the worship center.
Commissioner Tucker then asked about the lettered lots and the arrangements
that they will be landscaped. How was it handled in the original development?
The plan seems to say that the property line is to the south of Lot T when it is
actually to the north of Lot T. Lot T is the applicant's property, is it not?
Ms. Temple answered that since the tract map was not approved in Newport
Beach, she is not familiar with it. The City's typical action with regards to lettered
landscaped lots would be to require whoever is the owner, or the successors in
interest, to maintain the landscaping. In this case, there is a probable likelihood
that it is The Irvine Company. However, it could be that Lot T was transferred as
part of the land transaction and therefore is in the ownership of the church,
which would be the successor in interest. They would be obligated to maintain
the landscaping. In this particular case, since the applciant agrees they have
the obligation to maintain it, I would see no problem with a condtiion of
approval being added that would obligate that the applicant or any successor
in interest to maintain the landscaping.
Chairperson Selich added that it appears that there is an area between the
lettered lot and the sidewalk, who will landscape and maintain that?
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City of Newport Beach
Planning Commission Minutes
March 23, 2000
Mr. Pfeifer answered that the portion of the church property, the inside, is
bounded by three lettered lots, Lot T to the north, Lot S to the west, and Lot R to
the south. The church will install and maintain landscaping in all three of those
lettered lots. Outside of those lettered lots, it is my understanding, that is the
public right of way (parkway).
Mr. Edmonton, Transportation/Development Services Manager noted that the
Municipal Code requires that parkway landscaping be maintained by the
adjacent property owner.
At Commission inquiry, Ms. Temple answered that she would prefer that the wall
only be allowed to be removed for the portion of the lot which is replaced by
the sanctuary. The sanctuary does not run along the entire Bonita Canyon
property line nor at all along the Prairie Road property line. It would be
appropriate that the portion of the wall that would be superseded by the
sanctuary could be removed in phase 2.
Mr. Pfeifer, in answer to Commission inquiry, answered that the site plan has a
demarkation that states, remove this portion of wall in phase 2. It starts at one
end of the worship center building to the other end. That is the only portion to
be removed, and will enable the sanctuary to have a facde on the street. We
do not want the sanctuary behind a wall visually.
Neal Steinbrenner, 2750 Hillview Drive, President of Harbor View Knoll Board of
Directors, stated that he sent a letter to the Planning Commission. One of the
main points made was when the original plan for this site was developed, which
included the current pre-school and the planned project, the homwowners had
some decisions and agreements made with the Transportation Corridor Agency.
The issue at question at that time was primarily related to the noise. The Bonita
Canyon Drive that went in was expected to be a major corridor transporting
traffic. The ability of the berm to be constructed, which was agreed to by the
TCA, was to help mitigate the sound and sight. There is a central parking area
that will remain and will be expanded that will look straight up Hillview Drive into
the primary residences on that street. The current preschool does provide
adequate sound barrier as a building, just as we believe that the buildings that
are going to be constructed will also provide sound attenuation. It is in the area
where the berm used to exist and will now not have buildings present, that we
fear an undue increase in the sound levels. The current wall that was
constructed was felt by the original applicant that the height that was originally
requested (equal to the original berm which would provide adequate noise
mitigation as it already had been there) would be too high. The residents who
lived there before the berm was constructed and while the berm was in
existence and now after part of that berm was removed and subsequently
lowered with the new wall, state that the noise has increased over what it had
been with the berm in place. We are worried that the current wall and
extension that should provide some sound attentuation, is not high enough to
provide the attenuation that was there before. Our contention was that under
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City of Newport Beach
Planning Commission Minutes
March 23, 2000
the California Environmental Quality Act if a change is made, you can not do it
to the detriment of what the existing conditions were. In this case, it would have
been with the berm. We would like to see that wall raised. I feel we can work
with the applicant to come to an adequate solution. There is a lot of traffic on
Old Ford Rad and Prairie Road, We would like to see a maintenance of a wall
that equats the current height of the berm. If the berm is dropped and a wall is
not constructed, it will increase the visible area that noise will impact our
association by approximately 60%. We have a problem when our homes are up
for sale and we have to disclose these kinds of issues. I understand that when
the new parking lot is completed there will be adequate facilities for both pre-
schools to work concurrent and to keep employee parking off the street. We do
not have any fences around our property, it is open to public view and is a
safety concern to our residents. If the walls are lowed, all the passing traffic on
Bonita Canyon is allowed to look into some of the homes.
At Commission inquiry, Mr. Steinbrenner affirmed that the association believes
the current wall along Bonita Canyon in the existing parking lot was actually built
too low. If the new wall that is planned along Bonita Canyon could be two to
three feet higher, that would mitigate a lot of noise. On Prairie Road, there is
currently a berm all the way to the corner. If that berm is removed, then that
noise mitigation factor goes away. If a wall could be constructed that is exactly
the same height in the facility diagram, it would be basically in front of the
parking spaces that are currently there. Instead of terminating at the southern
portion of the preschool that is there, it would extend another 60 feet or so. That
would allow the noise from Prairie Road to be diminished in the community.
John Long, 2745 Hillview Drive noted his concerns of parking by preschool staff
on the street instead of in the parking lot as intended and as the original plans
talked about. I would like to see a condition of the use to require all employees
of the church and preschool to use their parking lot, not the public street for
parking. The second concern is the hours of operation and use of the preschool.
Some original documents I had talked about 6 a.m. to 6 p.m. I see the latest
report talks about 7 a.m. to 6 p.m. In earlier conversations prior to this meeting
tonight, I learned that it was not only a preschool but a day care center prior to
school. Having heavy traffic influx of potentially 60 cars at 6 or 7 a.m. creates a
potential hazard for our residents There is only a stop sign on Hillside Drive and
there is no traffic control coming down Old Ford Road. If it is a preschool then
the hours of operation should be clearly defined as such and not day care
hours. If the use is intended for day care, then it should say so.
At Commission inquiry, Ms. Temple added that employee parking was
addressed in Condition 2 for the church employees. The use permit was not
issued by the City for the Child Development Center, it was approved by the
City of Irvine. While there is cooperation the church, the child development
center is a separate business. The church will include, as part of their own
operation, a preschool that is in addition to the exisitng child development
center. We are only able to deal with the church and its preschool and not the
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City of Newport Beach
Planning Commission Minutes
March 23, 2000
existing Child Development Center.
Marcia Voss, 2767 Hillview Dirve spoke of her concerns of security and privacy.
The earthen berm was in place when she purchased her home, but shortly
afterwards it went down to build the Newport Coast Child Development Center.
The wall went up after that. She stated that she is now hearing sound and noise
from the property and is concerned about her property value. She noted that a
six foot wall for a preschool can be scaled if there is play equipment present.
Maybe raising it a couple of feet is warranted for the safety of the children.
There is a problem with pakkng on Ford Road because of the development
center as the teachers do not park in the parking lot. Continuing, she expressed
her concern about access for fire trucks as there is only a short portion of the
road that is painted red. Is there enough room for a fire truck going up the cul-
de-sac?
Will Graham asked that a congestion study be done on the traffic that will be
coming into the church environment. I think the church is a wonderful thing, but
with the day school that is proposed there will be an enormous amount of traffic.
Fr. Scarlett, Rector of St. Matthews Church spoke to the issues of:
• Pre-school operations hours - intend to have a Montessori pre-school
operation with before and after care in order to serve working families.
There will be some number of children who will arrive earlier than a standard
9 a.m. starting time. It would not be a great amount, and is necessary for
the viability of the preschool concept. To not have that before and after
care would be a great detriment to the economics of what we are
planning.
• Traffic study was done and was approved in the original application.
• A 60-student preschool does not lend itself to a huge volume of traffic.
Because people tend to drop the children off at staggered times; it should
not be a huge flow of traffic at any one time.
• There seems to be issues with the wall. The main issue, as I understand it, is
the homeowners' association would like the section in the parking lot to be
two feet higher. The only thing I will say is that both the City of Irvine and this
Planning Commission in reviewing the EIR last time, determined that the wall
did not deal with sound attenuation. They approved this project with the
lower wall there. We want a good relationship with Harbor View Knolls, but
this proposal is as approved the last time. It was determined to be within the'
accepted decibel level for this type of development in this community. If
there is something to be done to accommodate the parking lot area, we
may be able to work something out.
At Commission inquiry, Fr. Scarlett added that there will be a preschool
playground fenced in as a sub -area inside the larger parking lot. There will be a
preschool playground that is a defined fenced area. We are required to have a
certain amount of outside square footage per student in a preschool. That
amount of area will be fenced in as a preschool play area. To get to the larger
10
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City of Newport Beach
Planning Commission Minutes
March 23, 2000
lot, the children will need to be let out. There is another wall around the exterior
property to make it two fences between the children and either Prairie Road or
Bonita Canyon Road.
Mr. Pfeifer noted that Title 22 states you have to have a five-foot wall at the
perimeter of the preschool play area. This wall will be at least six feet high. There
is an open wrought iron/chain link fence proposed within the walled -in campus
to subdivide the play area from the rest of the campus. A study was done to
analyze the existing sound levels at the Harbor View Knoll in relation to the
exposure of the parking lot and the wall versus berm in that area. With the
berm, the sound level is 43.5 decibels with the current traffic conditions for Bonita
Canyon Road. Removing the berm and erecting a wall, that sound level goes
to 47.8 decibels. The community standard for acceptable level of decibels is 65.
There is an increase of 3 or 4 decibels, the sound level will nominally be
increased but it is still well below the acceptable community standard. He then
presented standard decibel levels used by the Architectural Graphic Standard
referenced book and explained the decibel levels. A traffic study was done as
part of the original application and the City required no mitigation. In terms of
safety on the extension of Prairie Road, when the other preschool was built, they
widened the street as part of their development. The north side of the street is
allowed to have the off-street parking. There is a portion of the south side of
Ford Road extension that is red curbed and is at the terminus of Harbor View
Knolls cul-de-sac, which is a fire access road. They have to drive up a berm and
through some turf, but that is clearly accessible by the Fire Department. This
access has been reviewed by both Orange County and the City of Newport
Beach Fire Departments as part of the road improvements constructed over a
year ago. The proposed grading plan for the wall shows that it starts on about a
two -foot berm. We are limited by the edge of the parking to the property line as
the only area where we can build anything. We have gotten up as fast as we
can on a two to one slope that gives us a two -foot high berm and then a six-
foot high wall above that. From the visible side of the parking lot that wall is
eight feet above the paving and we feel any higher would start to create a
looming effect. That is why the wall is as high as it is. As part of the previous
approval, we reference the berm that was done by the Transportation Corridor
Agency. That berm has been interpreted by this Planning Commission and the
Irvine Planning Commission as not being a mitigation of sound; rather it is a
mitigation of sight. It was based on a point ten feet across the street on the far
west bound lanes from which the line of sight has to be blocked from the homes.
It is a very descriptive, measurable type of calculation and this wall has been
designed to meet those criteria.
At Commission inquiry, Mr. Pfeifer added that the sound study is part of the
record.
Ms. Temple clarified that the sound study was done as part of the EIR by the City
of Irvine for the Bonita Canyon development and was provided to the
Commission at the time the Bonita Canyon project was approved. It was
11
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City of Newport Beach
Planning Commission Minutes
March 23, 2000
available to the Planning Commission at the prior use permit approval hearing
and is in the Planning Department for review. Some of the work regarding the
sound attenuation was done as part of the San Joaquin Hills Transportation
Corridor EIR. There was a subsequent EIR prepared for the Bonita Canyon
development that was approved by the City of Irvine.
Commissioner Tucker asked if we should accept the proposition that the
difference between the berm and a six-foot wall is 3 decibels raising it from 44 to
47$ Does the neighboring homeowners' association have any standing to talk
about noise mitigation? The applicant has testified that the berm was not for
the purpose of noise attenuation but rather for sight, is this correct?
Assistant City Manager Sharon Wood noted that she had worked on these sites
when the City of Irvine reviewed the child development center. There was a
discussion about a change of 3 decibels in noise not being significant and being
barely perceptible to humans. Whether this change from 44 to 47 is the
accurate number, I do not remember.
Public comment was closed.
Commissioner Kranzley, noting that a compromise could be agreed upon
between the applicant and the association on the wall issue, suggested that
maybe we should continue this item to allow this to be as amicable as possible.
Public comment was opened.
Father Scarlett stated that this application was submitted in August. We finally
got on the calendar, and we need to get going. We have a bank willing to
loan the money; the project is ready to go. A couple of feet in the area
between the church and the preschool requiring some mitigation to take care
of things tonight, I would say we would be able to do that.
Mr. Pfeifer added that as long as it was specific. Specifically the new portion of
the wall, I don't think it is fair to burden the church to replace any of the existing
walls. The new portion from where the wall starts to the sanctuary, where the
building starts to shield the exposure to Bonita Canyon Road, to raise that a foot
is not a huge deal.
Chairperson Selich reiterated that you prefer to offer to raise it a foot tonight
instead of a continuance.
Father Scarlett answered yes. The foot would be just to the northeast corner of
the phase 2 sanctuary. The existing wall is built on two feet of remaining berm
above the street level with six feet of wall and add a foot, we have nine feet,
which is the height that was talked about with Mr. Steinbrenner.
Commissioner Tucker asked if the portion already built by the Newport Coast
12
INDEX
City of Newport Beach
Planning Commission Minutes
March 23, 2000
Development at School is on the church property? He was answered yes; there
is a distinct construction joint. To the west of that joint is a temporary wall. It is
where this development will start. The property line is actually further east. We
are talking about where the permanent wall ends, which the school put on the
church property.
Motion was made by Commissioner Ashley to approve Use Permit No. 3633 A,
With the findings and conditions attached in Exhibit A with an added
condition 12 amended to also provide that in the construction phase 2, the
portion of the wall adjacent to the sanctuary will be removed so that the north
elevation of the sanctuary is exposed to Bonita Canyon Road. There is
another condition 13 to be added that will provide that there will be an
additional foot of wall height that will go about the perimeter of the property
from where the school exists to around Bonita Canyon Road along Prairie
Road. This additional height will bring that wall to a total of nine feet.
Clarification was made that only the wall along Bonita Canyon Road from the
existing fence to the eastern edge of the sanctuary is to be an additional one
foot in height. An additional condition is to be added that the applicant is
required to maintain landscaping of the lettered lots contiguous with the
buildable lots.
Ms. Temple suggested that the condition also include that landscaping be
installed as well as maintained.
Assistant City Attorney Clauson stated that the code deals with the
requirement of trees and parkway plantings for adjacent property owners in
Title 13. it is automatically required and when the landscape plan for the
lettered lot is submitted, it will include the parkway.
Ayes: Kiser, Ashley, Selich, Kranzley and Tucker
Noes: None
Abstain: None
Absent: Fuller, Gifford
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMIT NO.3633 AMENDED
Findings:
The proposed development is consistent with the General Plan and is
compatible with surrounding land uses, since a church is considered a
support use of the nearby residential uses and the revised architectural
design enhances the overall aesthetic image of the project and the
surrounding area.
2. All significant environmental concerns for the project have been
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City of Newport Beach
Planning Commission Minutes
March 23, 2000
INDEX
adequately addressed in the previously accepted environmental impact
report and there are no additional reasonable alternatives or mitigation
measures that should be considered in conjunction with the project.
3. The design of the proposed improvements as revised will not conflict with
any easements acquired by the public at large for access through or use of
property within the proposed development.
4. Public improvements maybe required of a developer per Section 20.80.060
of the Municipal Code.
5. Approval of a parking management plan in support of the requested waiver
of required on -site parking is still appropriate and applicable because of the
following project components:
• The proposed number of parking spaces provided is adequate to
accommodate the proposed church facility and the other uses on
site as revised, and the child development center on the adjoining
site, because the peak parking demand of the two facilities occur at
different times of the day, and on different days of the week.
• The off -site parking area is located so as to be useful in conjunction
With the church uses, as revised.
• Adequate provision for vehicular traffic circulation is being made for
the church facility.
• The proposed off -site parking will not create undue traffic hazards in
the surrounding area.
• The overall daytime parking demand for the property as revised is
reduced since there will be only administrative office use, and no
services held.
• The limited weekday worship services should prevent any conflicts for
on -site available parking.
• The increased building areas and modified building designs will not
increase the peak parking demand for the project, as the peak
parking demand of the site is derived from the seating capacity of
the sanctuary, which is not being increased.
6. The approved waiver of 16 required parking spaces is still appropriate since
a parking management plan has been accepted and approved by the
Planning Commission.
7. The approval of Use Permit No. 3633 as amended, will not, under the
circumstances of the case be detrimental to the health, safety, peace,
morals, comfort and general welfare of persons residing or working in the
neighborhood or be detrimental or injurious to property or improvements in
the neighborhood or the general welfare of the City, for the following
reasons:
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City of Newport Beach
Planning Commission Minutes
March 23, 2000
The approved waiver of 16 parking spaces will not be detrimental to
the neighborhood because a parking management plan has been
approved and compliance with the plan is a condition of approval.
The noise associated with the proposed uses, as revised, is not
anticipated to create any adverse impact on the surrounding uses
since the worship services occur during off-peak evening hours and
on the weekend and the conditions of approval imposed require
that the noise be confined to the interior of the building.
Conditions:
1. Development shall be in substantial conformance with the approved revised
site plan, floor plans and elevations, except as noted below.
2. The operation of the project shall comply with the parking management
plan described below:
• A minimum of 88 parking spaces shall be provided on site for the
proposed facility. An additional 16 parking spaces shall be made
available on the adjacent lot on weekends.
• The pre-school shall be limited to a maximum of 60 children and
operation during weekday daytime hours in Phases 1 and 2. Any
increase in the number of attendees shall not be permitted without
approval of an amendment to this use permit. Childcare in
conjunction with worship services in the evening and on weekends is
permitted.
• The sanctuary shall be limited to a maximum of 312 seats and 9,372
square feet. Any increase in the seating or size of the sanctuary
building shall require an amendment to this use permit.
• Classes associated with the church shall be limited to Sundays and
weekday evenings only. The size of counseling sessions shall be
restricted so that no more than 20 persons occupy either the
administrative offices or sanctuary facility between the hours of 8:00
a.m. and 5:30 p.m., during the week at any time day time worship
services are scheduled, unless otherwise approved by the Planing
Director and the Traffic Engineer.
• Worship services shall be permitted during the week prior to 6:00 p.m.
provided that seating is limited to a maximum of 156 seats. This
limitation is established at a ratio of three seats for each parking
space, based on a 52-space weekday parking demand surplus.
• All employees shall park on -site.
• Concurrent use of on -site facilities for worship shall be limited to 312
seats.
3. Noise generated by the use which include the use of musical instruments,
pre-recorded music and/or singing shall be confined to the interior of the
structure and all windows and doors within the facility shall be closed,
15
INDEX
City of Newport Beach
Planning Commission Minutes
March 23, 2000
except when entering and leaving by the main entrance of the facility.
4. The church structure steeple/bell tower shall be limited to a maximum height
of 75 feet.
5. A landscape and irrigation plan for the project shall be prepared by a
licensed landscape architect. The landscape plan shall integrate the
installation of landscaping with each phase of the project. The landscape
plans shall be subject to the approval of the Planning, Public Works, and
General Services Departments. 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. The landscaping
shall be maintained by the applicant.
6. All trash areas shall be screened from adjoining properties and streets.
7. No outdoor loudspeaker or paging system shall be permitted in conjunction
With the proposed operation.
8. The project shall be designed to eliminate light and glare onto adjacent
properties or uses. The plans shall be prepared and signed by a licensed
Electrical Engineer acceptable to the City. Prior to the issuance of any
building permit the applicant shall provide to the Planning Department, in
conjunction with the lighting system plan, lighting fixture product types and
technical specifications, including photometric information, to determine
the extent of light spillage or glare which can be anticipated. This
information shall be made a part of the building set of plans for issuance of
the building permit. That prior to issuance of the certificate of occupancy or
final of building permits, the applicant shall schedule an evening inspection
by the Code Enforcement Division to confirm control of light and glare
specified by this condition of approval.
9. Exterior illumination of the church structure shall comply with the
recommended sign luminances established for illuminated signs in Chapter
20.67.025 of the Municipal Code. Additionally, the Planning Director may
order the dimming of any illumination found to be excessively bright, based
on that criteria.
10. The applicant shall provide executed, reciprocal parking agreement that
provides the maintenance required off street parking on an adjacent lot for
the duration of the proposed uses on the site prior to the issuance of a
building permit.
11. The project shall include the installation of a new perimeter wall, six feet in
height and be constructed with materials to match the existing wall along
Bonita Canyon Road on the adjacent preschool property. The wall location
shall be begin at the point where the existing wall on the adjacent preschool
16
INDEX
City of Newport Beach
Planning Commission Minutes
March 23, 2000
INDEX
terminates along Bonita Canyon Road, continue west to the corner, then
south along Prairie Road and terminate into the south side of the church
preschool building. The perimeter wall shall be constructed concurrent with
the Phase One improvements and shall be designed to accommodate the
required sight distance setbacks at the intersections.
"i
12. The project shall include the installation of a new perimeter wall, six feet in
height and be constructed with materials to match the existing wall along
Bonita Canyon Road on the adjacent preschool property. The wall location
shall begin at the point where the existing wall on the adjacent preschool
terminates along Bonita Canyon Road, continue west to the corner, then
south along Prairie Road and terminate into the south side of the church
preschool building. The perimeter wall shall be constructed concurrent with
the Phase One improvements and shall be designed to accommodate the
required sight distance setbacks at the intersections. The wall in the area of
the Sanctuary may be removed during Phase Two construction, as depicted
on the approved site plan.
13. The portion of the wall along Bonita Canyon Road from the existing fence to
the eastern edge of the sanctuary shall be an additional 1 foot in height.
Standard Reauirements:
1. All signs shall conform to the provisions of Chapter 20.06 of the Municipal
Code.
2. The project shall comply with State Disabled Access requirements.
3. All improvements shall be constructed as required by Ordinance and the
Public Works Department.
4. The on -site parking, vehicular circulation and pedestrian circulation systems
shall be subjectto further review by the City Traffic'Engineer.
5. The operator of the church facility shall be responsible for the control of noise
generated by the subject facility. The noise generated by the proposed
use shall comply with the provisions of Chapter 10.26 of the Newport Beach
Municipal Code. That is, the sound shall be limited to no more than
depicted below for the specified time periods:
17
City of Newport Beach
Planning Commission Minutes
March 23, 2000
Between the hours of Between the hours of
interior
exterior
interior
exterior
Measured at the property line of
commercially zoned property:
N/A
65 dBA
N/A
60 dBA
Measured at the property line of
residentially zoned property:
N/A
60 dBA
N/A
50 dBA
Residential property:
45 dBA
55 dBA _
_ 40 dBA
50 dBA
6. The applicant shall retain a qualified engineer specializing in noise/acoustics
to monitor the sound generated by the facility to insure compliance with
these conditions, if required by the Planning Director.
7. 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
amendment to the 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.
8. This Use Permit for the revised Phase 1 of the project as described in the staff
report shall expire unless exercised within 24 months from the effective date
of approval, as specified in Section 20.91.050A of the Newport Beach
Municipal Code. The Use Permit for Phase 2 of the project shall expire unless
exercised within 60 months from the date of approval of the Revised Phase
One, as allowed by Section 20.91.050A of the Code.
h6ECT: Rothschild'sRestautant_
2407 East Coast Highway
Use Permit No. 1851 Amended
A request to u� de,.the existing Alcoholic Beverage Outlet approval to allow
for the sale of general alcoholic beverages for on -site consumption (Type 47
License).
Ms. Temple noted that the applicarif'hass requested a continuance to the end
of April.
Motion was made by Commissioner Kranzley to continue this item to April 20,
2000 as requested by the applicant
'Ayes: Kiser, Ashley, Selich, Kranzley and Tucker
Noes: None
Absent: Fuller, Gifford ~' 4
ID
INDEX
Item No. 3
UP 1851A
Continued to
04/20/2000
Divan, Janet
From: Garcia, Jay
Sent: Tuesday, December 29, 1998 1:10 PM
To: Divan, Janet
Subject: RE: Fairshare Fee- St. Mattews Church
Thank You and may God Bless.
From:
Divan, Janet
Sent:
Tuesday, December 29, 1998 1:09 PM
To:
Garcia, Jay
Subject:
RE: Fairshare Fee- St. Mattews Church
No Fair Share fees for St. Matthews Church!
From: Garcia, Jay
Sent: Tuesday, December 29, 1998 11:57 AM
To: Divan, Janet
Subject: Fairshare Fee. St. Mattews Church
Did you ever get me an answer on the applicability of fairshare fees for St Matthew's Church? I don't recall. RKJK
did the traffic study.
February 8, 2001
To: Janet Divan
Traffic Engineering
From: Marina Marrelli
Planning
Subject: Fairshare Traffic Impact Fees
St. Matthew's Church, 2300 Ford Road
St. Matthew's Church is being built in four phases for a total of26,136 square feet. Here
is a breakdown of each phase and the related work being done at each stage. Are all
Fairshare fees due at the time of the first phase or are they collected at the time each
phase is begun?
Phase I
Parish Hall 5,461 s.f.
Administration Offices 4,707
Preschool 2,196
Phase 11
Sanctuary 9,372
Phase III
Preschool Addition 1,600
Classrooms 1,600
Phase IV
Classrooms 1,200
Question: Should I use the "church" use for all buildings, or do you require different fees
based on the descriptions listed above?
Thank you.
CITY OF NEWPORT BEACH
Hearing Date:
�,E.waogr
COMMUNITY and ECONOMIC DEVELOPMENT
Agenda Item No.:
n
PLANNING DEPARTMENT
=
3300 NEWPORT BOULEVARD
Staff Person:
NEWPORT BEACH, CA 92658
(949) 644-3200; FAX (949) 644-3250
Appeal Period:
REPORT TO THE PLANNING COMMISSION
PROJECT: St. Matthew's Church (David Pfeifer, Architect)
2300 Ford Road
March 23, 2000
2
Bob Goldin
(949) 644-3219
14 days
PURPOSE OF
APPLICATION: A request to modify the previously approved elevations, floorplans and
building footprints for St. Matthew's Church, by adding an additional
2,257 square feet of useable area and increasing the capacity of the
preschool from 50 to 60 children.
ACTION: Approve, modify or deny:
• Use Permit No. 3633 Amended
LEGAL
DESCRIPTION: Lot 9, Tract 15317
ZONE: P.C. (Bonita Canyon Planned Community)
OWNER: St. Matthew's Church, Newport Beach
Points and Authoritv
• Conformance with the General Plan and Zoning
The Land Use Element of the General Plan designates the site for residential uses.
The site is within Residential Sub -Area 4 of the Bonita Canyon Planned Community.
The zoning regulations also allow for recreational uses, community facilities,
community service facilities and other uses and structures accessory to principal
permitted uses. A church is a permitted use within this designation.
• It has been determined that all significant environmental concerns for the proposed
project have been addressed in a previously certified environmental document (EIR
No. 154, certified by the City of Irvine on November 25, 1995), and that the City of
Newport Beach intends to use said document for the above noted -project, and further
that there are no additional reasonable alternatives or mitigation measures that should
be considered in conjunction with said project. Copies of the previously prepared
environmental document are available for public review and inspection at the
Planning Department.
• Use permit procedures are set forth in Chapters 20.91 of the Municipal Code.
Vicinity Map
lil
Sm
Use Permit No. 3633 Amended
St. Matthew's Church
Subiect Property and Surrounding Land Uses
Current Development:
The subject property is currendy vacant
To the north:
Across Bonita Canyon Road is vacant land
To the east:
Across Prairie Road is additional vacant land
To the south:
Across Old Ford Road is the Harbor View Knoll Residential Planned Community
To the west:
Adjacent to the subject site is the Children's Development Preschool site
Use Permit No. 3633 Amended
Mnrch 23, 2000
Page 2
Background
On September 10, 1998, the Planning Commission approved Use Permit 3633 for St. Matthew's
Church. The project is a four -phased development plan. Phase One was approved to include
the construction of a new one-story, 3,570 square foot building which included a parish hall
and kitchen, choir room, and restrooms. Phase One also included the construction of a two-
story, 5,272 square foot building for classrooms, a nursery, a 50-child preschool that will also
serve as a Sunday school, a fellowship hall, administrative offices, reception area, bathrooms
and general storage areas and all parking areas.
Phase Two, which is not expected for approximately 4 to 5 years after Phase One, will include
the construction of a 312-seat, 9,372 square foot sanctuary with a small chapel, a second floor
balcony including a choir rehearsal room, choir seating, classrooms, offices, and storage.
Phases Three and Four include an additional freestanding 4,200 square foot classroom building
and a 1,500 square foot Seminary attached to the church Sanctuary building. Since plans for
these later development phases are only conceptual at this point, an amendment to this use
permit will be required to proceed with construction of these later phases of development.
The approved campus has been designed around a centralized courtyard as the focal point of the
facility. The courtyard, which is located in the center of the facility between the sanctuary,
parish hall and Sunday school building, will serve as the main entrance to the church. The
courtyard will serve as an informal space for the congregation to gather and socialize between
services. The centralized courtyard campus organization pushes the proposed church facility
buildings to the perimeter of the property. This allows the buildings to act as buffers between
the campus, Bonita Canyon Road, and the neighborhood, which was a concern during the
original deliberations. The courtyard and pedestrian areas adjacent to the church, parish hall
and classroom buildings will connect the entrances to the buildings directly to the two on -site
parking areas.
The approved architecture is a traditional religious design with shingle roofing, wood windows
with concrete trim, stained glass, and a bell tower steeple. The sanctuary will have an average
height of approximately 36 feet and a maximum ridge height of approximately 42 feet. The
parish hall was approved with an average height of approximately 23 feet and a ridge height of
32 feet above natural grade. All of the buildings conformed to the 50-foot maximum height
limit, with the exception of the proposed bell tower steeple structure, which has an overall height
of 75 feet.
One of the primary concerns discussed by the Planning Commission was related to ensuring
adequate parking was provided for the proposed uses. The approved church activities include
Sunday services at 8:00 a.m. and 10:15 a.m. and Sunday church school for all ages at 9:00
a.m., between the two Sunday services. A third Sunday service and a second Sunday school
session are planned as soon as demand requires. Midweek activities include early morning and
evening services and a variety of evening programs such as adult education and counseling
programs, youth programs, and adult and youth choir practices. The facility will have regular
Use Permit No. 3633 Amended
March 23. 2000
Page 3
office hours of 10:00 a.m, to 4:00 p.m., daily. An administrator and volunteers will staff the
office during regular office hours. The employees in the office portion of the facility will
include the pastor, associate pastor and approximately 2 to 3 volunteers. During the worship
services the administrative offices will be closed.
Analysis
The applicant requests to modify the approved elevations, floor plans and building footprints for
the church facility. The revised plans and letters of justification are attached for the Planning
Commission's review. The request also includes an increase in the preschool from 50 children
approved for Phases One and Two to 60 children within Phase One. There is no change in
parking proposed. The church will still provide 104 parking spaces on and off -site.
Revised Building Footprints/Floorplans
The table below highlights the differences between the approved square footage and the
proposed square footage of the buildings. Overall, there is a 2,257 square foot increase in the
total square footage of the facility.
Building
Approved
Approved 1" Story
Proposed
Proposed 1" Story
Square
Square
square footage/
Square
square footage/
footage
footage
2"d story square
footage
2"d story square
Difference
footage
footage
Parish Hall
3,570 sf
3,570/0
5,641 sf
4,144/1,497**
+2,071 sf
Admin/
1,311
1,311/0
4,615 sf
2,472/2,143**
+3,303 sf
Classrooms*
Preschool/
3,961 sf
1,889/2,072
2,071 sf
2,071/0
.1890 sf
Classrooms*
Sanctuary
9,000 sf
6,700/2,300
9,372 sf
7,515/I 857
+372 sf
Classrooms
4,200 sf
2,100/2,100
3,200 sf
1,600/1,600
-1 000 sf
Seminary/
1,500 sf
1,500/0
1,200 sf
1,200/0
-300 sf
Classrooms
Total
23,542 sf
26,099 sf
+2,257 sf
* These areas were calculated as 1 building in the approved plans
** This area occurs under the same roofline as approved plans
The approved second floor of the preschool building is being eliminated and the administration
building is now proposed to be a two-story structure. The useable interior space within the
revised two-story parish building has been increased slightly to allow for more storage and
kitchen area on the first floor. The choir dressing area has been eliminated from the first floor
and added to the second floor in the balcony area of the parish hall. The Phase 4 one-story
classrooms have been relocated to where the seminary was originally proposed on the
northwesterly side of the sanctuary. It is staffs opinion that the proposed modification to the
site plan, floorplans and building footprints are within the originally approved concept and
architectural character of the project.
Use Permit No.3633 Amended
March 23, 2000
Page
Revised Architecture/Elevations
The architecture of the Phase One buildings has been modified to be more consistent and
harmonious with the architectural design of the sanctuary. The revisions include adding arched
window treatments, window trim, rooflines, gable ends, pop -outs and door treatment that more
closely match the design of the sanctuary. The revisions also add more interest and detail to the
buildings from that originally approved. The overall height of the buildings is still within the 50-
foot height limit. The maximum height of the parish hall and future classrooms is shown at 34
feet. The design of the architectural connections and gateways between the buildings has been
improved to be more in scale with the building's rooflines and architectual design. The materials
and general massing of the site have not been revised. Overall, it is staff s opinion that the
revised architecture is a significant improvement over the original designs.
Parking Requirement
Approved Parking Plan:
Chapter 20.66 of the Municipal Code requires one parking space for each 3 seats in the
sanctuary for church uses. Based on the proposed 312 seats in the church sanctuary, including
the nave, transept, chapel, alter, and choir loft, 104 parking spaces are required for the proposed
facility (312 seats divided by 3 = 104 spaces). As part of the original use permit, the applicant
received approval for a waiver of a portion of the required parking (16 spaces) and in
conjunction with a requirement for a parking management plan which included an additional 16
parking spaces to be provided on the adjacent property. The Child Development Preschool on
the adjoining site functions during typical daytime weekday hours only, and not on Saturday and
Sunday. During daytime hours on weekdays, the parking demand for the church facility will be
much less than on Sundays or when there is a function at the church facility. Under the terms of
the agreement, the church will have the entire parking lot (104 spaces) during the times which
the adjacent pre-school is not in session, which is the time of its highest parking demand. Since
the parking demand requirements for the uses do not occur simultaneously, adequate parking
should be available for both uses. Approved conditions restrict the daytime use and the hours
of operation to guard against intensification of the use which may result in increased parking
demand. A condition of approval also restricts group religious classes to evenings and weekends
and to limit the size of counseling sessions during normal weekday business hours to prevent
increased parking demand. Parking for approximately 30 vehicles will also be available along
the access road if the need for overflow parking arises.
Proposed Parking Plan:
Prnnnsed Parking Lnt Usage
Parking Demand:
Weekdays (M-F 7:00 a.m. to 6:00 n.m.):
Church
76 spaces
104 spaces
104 spaces
Preschool
28 spaces
0 spaces
0 spaces
Weekdays (M-F 6:00 p.m. to 10:00 p.m.)
Weekends:
Use Permit No. 3633 Amended
March 23, 2000
Page 5
The request to amend the use permit to revise the approved building designs and layout and
increase the number of preschool children by 10 students should not adversely affect the
approved parking plan. As discussed above, a total of 104 spaces are available, of which 88
spaces were required to be provided on -site and available during the week. The weekend and
evening parking demand will not change as a result of the proposed revisions, as the peak
demand is based upon the 312 seat sanctuary which will not be enlarged. The daytime use during
the week will increase the parking requirements slightly, but the 88-space parking lot is
sufficient to accommodate the modest increase. The proposed weekday daytime usage and
parking demand is as follows:
Use
Parking required
Parking provided
Preschool - 60 children
1 space/3 children/20 spaces
20 spaces
Preschool staff-5
J space/person/5 spaces
5 spaces
Church Staff-4
1 space/person/4 spaces
4 spaces
Worshi /assembl —141, or
1 space/3persons/47 spaces, or
47 spaces, or
Classrooms/Couneit/choir-141 total, or
1 space/3persons/47 spaces, or
47 spaces, or
Mix of uses not to exceed 47 spaces
1 space/3persons/47 spaces
1 47 spaces
Total
1 76 spaces
1 76 spaces
Overall, the increase in the preschool enrollment by 10 additional children can still be
accommodated within the parking provided on site. A condition of approval has been included
to reflect the restrictions on daytime usage based on parking availability.
The increase of 2,257 square feet in the overall size of the project will also not adversely affect
the approved parking plan, as there is no change to the peak usage of the facility, The facility
will retain the limit of a maximum of 312 persons, regardless of the increased square footage
being requested. As designed, the additional square footage, which will be used for increasing
the choir dressing rooms and loft area for the choir and the organ, plus more efficient use of the
buildings' interior space, will not result in additional attendees of the facility or additional
seating area within the parish hall or sanctuary. The modified proposal, although larger, will not
increase the peak parking demand and therefore, staff recommends no change the approved
parking management plan.
Church facilities and residential neighborhoods are typically compatible uses since they are
thought of as mutually beneficial to one another. The daytime office activities associated with
this type of use and the preschool are low traffic generators, comparable to other uses
surrounding the project site. The evening and weekend activities should not impact the
surrounding uses since the preschool is closed at those times, and adequate parking is provided
in the parking lot and on the access drive. Additionally, the location of the facility in relation to
nearby residential areas is such that it is unlikely that attendees of the church functions will park
in residential neighborhoods. This is due to the location of the site across Ford Road and the
limited on -street parking in the nearby residential area.
Use Pennil No. 3633 Amendcd
March 23, 2000
Page 6
Staff has discussed the proposal with the president of the Harborview Knolls development,
located across the street from the site. He expressed concerns about parking, circulation and
noise associated with the existing preschool facility. He also expressed concerns about the
future parking and access for St. Matthew's. Staff indicated that the proposed revisions to St.
Matthew's do not result in any increase in parking demand, the original conditions regarding
occupancy and usage are still in effect, the redesign of the buildings may help to further buffer
the noise from Bonita Canyon Road and the play areas and the parking and circulation design
that were originally approved are not being modified. He indicated that he might be
submitting a letter to the Planning Commission about his concerns, but at the time of this
report, no written correspondence has been received.
Amended Conditions of Approval
The approved Special Conditions would be amended as follows:
1) Development shall be in substantial conformance with the approved revised site plan,
floor plans and elevations, except as noted below.
2) The operation of the project shall comply with the parking management plan described
below:
A minimum of 88 parking spaces shall be provided on site for the proposed
facility. An additional 16 parking spaces shall be made available on the adjacent
lot on weekends.
The pre-school shall be limited to a maximum of 38 60 children and operation
during weekday daytime hours. Any increase in the number of attendees shall not
be permitted without approval of an amendment to this use permit. Childcare in
conjunction with worship services in the evening and on weekends is permitted.
The sanctuary shall be limited to a maximum of 312 seats and 9-,NO 9,372
square feet. Any increase in the seating or size of the sanctuary building shall
require an amendment to this use permit.
The approved Standard Conditions would be amended as follows:
8) This Use Permit for the revised Phase 1 of the project as described in the staff report
shall expire unless exercised within 24 months from the effective date of approval, as
specified in Section 20.91.050A of the Newport Beach Municipal Code. The Use Permit
for Phase 2 of the project shall expire unless exercised within 60 months from the date of
approval of the revised Phase One, as allowed by Section 20.91.050A of the Code.
Use Permit No. 3633 Amended
March 23, 2000
Page 7
Recommendation
Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any
amendment to a 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.
In this case, based upon the analysis contained in this report, staff believes that the findings for
approval can be made for the proposed church facility. The parking demand for the uses can be
adequately served by the on -site panting and reciprocal panting required. The daytime increase
of 10 preschool students will not require additional parking to be provided. Additionally, issues
related to access and site circulation have been addressed by the original conditions of approval.
Because of the site's location at the end of a cul-de-sac, with Bonita Canyon Road and Ford
Road separating it from nearby residential uses, there is little potential for problems associated
with proposed revisions. The parking, hours of operation and noise generated by the proposed
Church facility will not be changed by the revised project. The orientation of the proposed
sanctuary with the outdoor courtyard area turned away from residences will continue to protect
against impacts on residential neighbors.
Should the Planning Commission wish to approve the amendment to Use Permit No. 3633, the
findings and conditions of approval set forth in the attached Exhibit "A" are suggested.
Staff cannot reasonably conceive of findings for denial since the proposed use, in this
particular case, conforms to the requirements of the Title 20 of the Municipal Code and does
not appear to have any detrimental effect on the surrounding neighborhood. however, should
information be presented at the public hearing, which would warrant the denial of this
application, the Planning Commission may wish to take such action.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
BOB GOLDIN
Project 1 er
Attachments: Exhibit' A"
Revised Plot Plan, Floor Plan and Elevations
Letters of Justification
IFAUSERSTWS HARMI PLANCOM12000-3.23%UP3633mnended
Use Par dt No. 3633 Amended
March 23, 2000
Page 8
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMIT NO.3633 AMENDED
Findings:
1. The proposed development is consistent with the General Plan and is compatible with
surrounding land uses, since a church is considered a support use of the nearby
residential uses and the revised architectural design enhances the overall aesthetic image
of the project and the surrounding area.
2. All significant environmental concerns for the project have been adequately addressed
in the previously accepted environmental impact report and there are no additional
reasonable alternatives or mitigation measures that should be considered in
conjunction with the project.
3. The design of the proposed improvements as revised will not conflict with any
easements acquired by the public at large for access through or use of property within the
proposed development.
4. Public improvements may be required of a developer per Section 20.80.060 of the
Municipal Code.
5. Approval of a parking management plan in support of the requested waiver of required
on -site parking is still appropriate and applicable because of the following project
components:
• The proposed number of parking spaces provided is adequate to accommodate
the proposed church facility and the other uses on site as revised, and the child
development center on the adjoining site, because the peak parking demand of
the two facilities occur at different times of the day, and on different days of the
week_ .
• The off -site parking area is located so as to be useful in conjunction with the
church uses, as revised.
• Adequate provision for vehicular traffic circulation is being made for the church
facility.
• The proposed off -site parking will not create undue traffic hazards in the
surrounding area.
• The overall daytime parking demand for the property as revised is reduced since
there will be only administrative office use, and no services held.
• The limited weekday worship services should prevent any conflicts for on -site
available parking.
Use Permit No. 3633 Amended
March 23, 2000
Page 9
The increased building areas and modified building designs will not increase the
peak parking demand for the project, as the peak parking demand of the site is
derived from the seating capacity of the sanctuary, which is not being increased.
6. The approved waiver of 16 required parking spaces is still appropriate since a parking
management plan has been accepted and approved by the Planning Commission.
7. The approval of Use Permit No. 3633 as amended, will not, under the circumstances of
the case be detrimental to the health, safety, peace, morals, comfort and general welfare
of persons residing or working in the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or the general welfare of the City, for the
following reasons:
The approved waiver of 16 parking spaces will not be detrimental to the
neighborhood because a parking management plan has been approved and
compliance with the plan is a condition of approval.
The noise associated with the proposed uses, as revised, is not anticipated to
create any adverse impact on the surrounding uses since the worship services
occur during off-peak evening hours and on the weekend and the conditions of
approval imposed require that the noise be confined to the interior of the
building.
Conditions:
1. Development shall be in substantial conformance with the approved revised site plan,
floor plans and elevations, except as noted below.
2, The operation of the project shall comply with the parking management plan described
below:
• A minimum of 88 parking spaces shall be provided on site for the proposed facility.
An additional 16 parking spaces shall be made available on the adjacent lot on
weekends.
• The pre-school shall be limited to a maximum of 60 children and operation during
weekday daytime hours. Any increase in the number of attendees shall not be
permitted without approval of an amendment to this use permit. Childcare in
conjunction with worship services in the evening and on weekends is permitted.
• The sanctuary shall be limited to a maximum of 312 seats and 9,372 square feet. Any
increase in the seating or size of the sanctuary building shall require an amendment
to this use permit.
• Classes associated with the church shall be limited to Sundays and weekday evenings
only. The size of counseling sessions shall be restricted so that no more than 20
persons occupy either the administrative offices or sanctuary facility between the
hours of 8:00 a.m. and 5:30 p.m., during the week,
Use Permit No. 3633 Amended
March 23, 2000
Page 10
• Worship services during the week shall not be permitted prior to 6:00 p.m. without
approval of an amendment to this use permit.
• All employees shall park on -site.
Noise generated by the use shall be confined to the interior of the structure and all
windows and doors within the facility shall be closed, except when entering and
leaving by the main entrance of the facility.
4. The church structure steeple/bell tower shall be limited to a maximum height of 75 feet.
5. A landscape and irrigation plan for the project shall be prepared by a licensed landscape
architect. The landscape plan shall integrate the installation of landscaping with each
phase of the project. The landscape plans shall be subject to the approval of the
Planning, Public Works, and General Services Departments. 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. All trash areas shall be screened from adjoining properties and streets.
10. No outdoor loudspeaker or paging system shall be permitted in conjunction with the
proposed operation.
11. The project shall be designed to eliminate light and glare onto adjacent properties or
uses. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable
to the City. Prior to the issuance of any building permit the applicant shall provide to the
Planning Department, in conjunction with the lighting system plan, lighting fixture
product types and technical specifications, including photometric information, to
determine the extent of light spillage or glare which can be anticipated. This information
shall be made a part of the building set of plans for issuance of the building permit. That
prior to issuance of the certificate of occupancy or final of building permits, the applicant
shall schedule an evening inspection by the Code Enforcement Division to confirm
control of light and glare specified by this condition of approval.
12. Exterior illumination of the church structure shall comply with the recommended sign
luminances established for illuminated signs in Chapter 20.67.025 of the Municipal
Code. Additionally, the Planning Director may order the dimming of any illumination
found to be excessively bright, based on that criteria.
Standard Requirements:
1. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code.
2. The project shall comply with State Disabled Access requirements.
Use Permit No. 3633 Amended
March 23, 2000
Page 11
3. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
4. The on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to further review by the City Traffic Engineer.
5. The operator of the church facility shall be responsible for the control of noise generated
by the subject facility. The noise generated by the proposed use shall comply with the
provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound
shall be limited to no more than depicted below for the specified time periods:
a.m.
Between the hours of
7:00 a.m. and 10:00 p.m.
Between the hours of
10:00 p.m. and 7:00
interior exterior
interior
ex erior
Measured at the property line of
commercially zoned property:
N/A 65 dBA
N/A 60
dBA
Measured at the property line of
residentially zoned property:
N/A 60 dBA
N/A 50
dBA
Residential property:
45 dBA 55 dBA
40 dBA 50
dBA
6. The applicant shall retain a qualified engineer specializing in noise/acoustics to
monitor the sound generated by the facility to insure compliance with these conditions,
if required by the Planning Director.
7. 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 amendment to the use
perrtut, 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.
8. This Use Permit for the revised Phase i of the project as described in the staff report
shall expire unless exercised within 24 months from the effective date of approval, as
specified in Section 20.91.050A of the Newport Beach Municipal Code. The Use Permit
for Phase 2 of the project shall expire unless exercised within 60 months from the date of
approval of the Revised Phase One, as allowed by Section 20.91.050A of the Code.
Use Permit No. 3633 Amended
March 23, 2000
Page 12
D O M I N Y + A S S O C I A T E S A R C H I T E C T S
2150 West Washington - Suite 303
San Diego, California 921.10
Tel (619) 692.9393
Fax (619) 692-9394
aldominy@nsn mm
09 August 1999
Marc Myers, Associate Planner
City of Newport Beach, Planning Department
3300 Newport Blvd.
Newport Beach, CA 92658-8915
Re: Use Permit #3633 - St. Matthew's Church
Dear Mr. Myers,
As you will recall, St. Matthew's Church was granted a Use Permit (#3633) on 10 September 1998 by the Planning
Commission of the City of Newport Beach. Since that time, the Church has been analyzing their finances and their
programmatic needs. Their findings and conclusions have slightly modified the Phase I portion of the project. The
use, footprint, and architectural character of the project have not changed. Since there have been minor
changes to the plans, we would like for you to review the current plans to affirm that the plans are still in Substantial
Conformance with the Use Permit. The following is a listing of the changes that have been made to the project
since its approval:
1. The Second Floor has been relocated from over the Preschool to over the Administration portion of the project.
2. There have been slight modifications to the plan configuration and the locations of interior walls. The uses are
the same.
3. The elevations have been modified to reflect the above noted changes. The materials, massing concepts
and architectural character are the same.
4. The "Future Classrooms" (Phase 3 and 4) have been re -located. The uses are the same.
5. The Phase I buildings have gotten slightly larger. Most of this increase is on the Second Floor and occurs "in
the attic." Since the project has (had) usable volume under steeply sloping roofs the impact of this additional
square footage upon the exterior will be minimal at best. The volume was already there in the approved
concept. The project is merely using it more efficiently. See the attached table for a detailed description of the
changes made to the square footages.
The majority of the discussion at the Planning Commission Hearing was about the parking and it's impact upon the
use of the Campus. The Use Permit is quite specific about limiting the number of occupants and types of uses that
can occur (and when) on the Campus based upon the available parking. The Church will abide by these
restrictions. As previously stated the Uses of the project have not changed. The nature of the Campus is the same.
As you can see in the enclosed plans, the use, footprint, and architectural character of the project have not
changed. The primary changes to the project have been to the degree of and location of the Second Floors. As
has always been the concept, the Phase I buildings will still be secondary to the Sanctuary, when it is built. The
revisions have not changed this. We feel that this project will compliment the Bonita Canyon Village in both use and
appearance. The addition of a stable, traditional Church and it's assets and resources will be a welcome addition to
the neighborhood. Its architectural character gives a strong residential feel that will compliment the other
development in the Bonita Canyon Village. We trust that you will see that the changes to the project are minor, and
consistent and in Substantial Conformance with the Use Permit. We look forward to hearing from you.
Sincerely,
David Pfeifer, Architect
Dominy + Associates Architects
cc: Lew Dominy, Dominy + Associates Architects
Fr. Stephen Scarletl, St. Matthews Church
I�
D OM IN Y+ ASSOCIATES ARCH ITECTECTS
ST. MATTHEW S CHURCH
SQUARE FOOTAGE COMPARISON
819/99
l
I
PHASE
ORIGINAL PLANI
IREVISED PLAN
IDIFFERENCE
list Floor
2nd Floor
ITotal
11st Floor
2nd Floor
Total
SOCIAL HALL
1
3570sf
0 sf
3570 sf
4144 sf
1497 sf "
5641 sf
+
2071 sf
ADMINJCLASSROOMS'
1
1311 sf
0 sf*
1311 sr
2472 sf
2143 sf"
4615 sf
+
3304 sf
PRESCHOOLICLASSROOMS'
1
1889 sf'
2072 sf*
3961 sf'
2071 sf
0 sf
2071 sf
-
(1890 sf)
SANCTUARY
2
6700sf
2300 sf
9000 sf
7515 sf
1857 sf
9372 sf
+
372 sf
CLASSROOMS
3
2100 sf
2100 sf
14200 sf
1600 sf
1600 sf
3200 sf
-
(1000 sf)
SEMINARYICLASSROOMS
1 4
1
11500 sf
0 sf
1500 sf
1200 sf
0 sf
1200 sf
-
300 s
TOTAL
123,542 sf
ITOTAL
126,099 sf
+
2557 additional s.f.
11
Notes:
these areas were calculated
as 1 building on Original Plans
I
*'
this area occurs under and within the same roofline as the Original Plans
Page 1
D O M I N Y + A S S O C I A T E S A R C H I T E C T S
RECEIVED BY
PLANNING DEPARTMENT 2150 West Washingum-Suite 303
CITY OF NE "POl? T EEA CH San Diego,Cahfomia 92110
Tel (619) 692-9393
AM FEB 2 ] 2000 PM Fax(619) 692.93
94 aldominy@mscomn.
Transmittal 7181911011111r^.111213141516
To: Bob Goldin w/ City of Newport Beach , Planning Department
3300 Newport Blvd.
Newport Beach, CA 92658-8915 From: David Pfeifer
Project: St. Matthew's Church Date: 22 February 2000
Re: Use / Parking Matrix CC: Lew Dominy, Fr. Stephen Scariett, AI Beimfohr, Dan Guggenheim
WE ARE SENDING:
Copies:
Date:
No. of Pages
Descriptions:
01
02/22/00
01
Parking vs. Use Matrix
01
7/13/98
02
Letter from 1s' Submittal
VIA: X Mail
❑ Hand ❑ Federal Express ❑ Fax
TRANSMITTED:
❑ For Approval
❑ For Your Use & Info.
X As Requested
❑ For Review & Comment
❑ Other
I have included a matrix that shows the various uses on site along with their associated parking load. The uses and occupant
loads identified are the maximum allowed based upon the available parking. The reality of how the Church will use the site will be
much less. Please refer to Fr. Scarletfs letter that describes how they anticipate using their new facilities. Through your analysis,
please note the following:
1. There is no increase in the 'Peak" or "High End" of the uses on the site. The current plan, and the approved plan, both
provide 104 parking spaces to accommodate a Worship Center for 312 occupants. This has not changed.
2. The enclosed matrix shows the 'maximum allowable uses' that could occur on site based upon the available parking. The
actual weekday uses and occupant loads are anticipated to be much less. The only large services that would be held during
the week would be Funerals, Holy Day Services, or other exceptional events. As indicated in Fr. Scarlett's letter, the usual
weekday services will be modest in size.
3. The only change to the use or occupant load is the total number of children in the Phase 1 preschool has been changed from
48 to 60 children. The approved plan included expansion of the Preschool in the later phases of the project. The Church
would like to include 12 more children in the 1 '' phase of the project.
We trust that through your analysis of the project you will see that there have not been any significant changes to the use,
occupant load or associated parking for the project. As previously mentioned, the changes that have been made are functional
and aesthetic in nature. The changes made to the elevations have simplified and harmonized the Architecture. The changes
made to the massing (location of 2nd floor) will buffer the adjacent town homes from the noise of Bonita Canyon Road better than
the approved plan. We feel that the project is better - on many levels.
We look forward to seeing you staff report. If you have any additioani questions, please do not hesitate to call.
Sincerely,
Dominy + Associates rchitects
Q1,. P
David Pfeifer, Associate
DOMINY + ASSOCIATES ARCHITECTS
St. Matthew's Church
Use Permit #3633
SHARED PARKING ALLOCATION
PARKING PROVIDED CHURCH FACILITIES
Weekends '" 104 Spaces
Weekdays
7AM - 6PM
Weekdays
6PM -10PM
* 76 spaces
** 104 spaces
.r
2/22/00
ADJACENT PRESCHOOL
0 spaces
26 spaces
0 spaces
USE OF CHURCH PARKING SPACES
** A. WEEKENDS & WEEKDAYS 6 PM -10 PM 104 spaces available
312 in Worship /Assembly (1 space / 3 people) 104 spaces
OR OR
104 in Class / Council /Choir 104 spaces
OR OR
A pro-pated blend of uses based on available parking 104 spaces
* B. WEEKDAYS 7 AM - 6 PM 76 spaces available
1. 60 Children in Preschool (1 space 13 children) 20 spaces
2. 5 Preschool Staff (1 space 11 person) 5 spaces
3. 4 Church Staff (1 space / 1 person) 4 spaces
29 spaces
AND AND
141 In Worship / Assembly (1 space 13 people) 47 spaces
OR OR
47 in Class / Council / Choir 47 spaces
OR OR
A pro-pated blend of uses based on available parking 47 spaces
76 spaces total
//I
7-20—J99S A:SAAM FROM
P. 2
S LI(9 1MI�7v`
July 13, 1998
Mr. Marc Myers
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658-8915
Dear Mr. Myers:
K--) / --2 3 lqf
Item 6 of your letter to David Pfeifer of Domine & Associates dated June 19, 1998 asked for the following
information.
Please specify the hours of operation of the proposed facility including the number of church
services to be held, the day which services will be held, and the frequency of services held. .
Also include some detailed information on the classroom facilities.
Currently, St. Matthew's Church has two Sunday services of Holy Communion (8:00 am. and 10:15 am.)
a service on Thursday Morning at 9:30 am, and services on roughly ten holy days throughout the year. Holy
day services are typically held at 7:30 p.m. On occasion we celebrate aholy day at 6:00 p.m. followed by a
parish meal. In additional to communion services, we have a service of Evensong on Thursdays at 6:00 p.m.
and a service of Morning Prayer on Fridays at 6:00 am. Our choir practices on Thursday at 7:30 p.m. An AA
group meets on in our church on Tuesdays at 7:00 p.m.
We have Sunday School for all ages at 9:00 am., between our two Sunday services. We have Bible Studies
on Tuesday night at 7:30 p.m. and Thursday morning at 10:30 am. We plan to start a third Bible Study on
Fridays at noon in the fall.
We have regular office hours of 10:00 a.m. to 4:00 p.m., during which our office is staffed by our
Administrator and/or volunteer staff. we keep our church open during these hours and invite the community
to "enter, rest and pray." Much of the work of our church is done by volunteers. They come by the church as
they are able, sometimes in the evening, sometimes on Saturday to get the work done. My own work hours
at church fluctuate greatly according to the demands of the season. I am typically at church late two to three
nights a week.
Our building plans include plans to expand our ministry. As demand requires, we plan to add a third Sunday
service and duplicate our Sunday School at the additional service. A likely scenario would be services at 7:30
am., 9:00 am., and 10:30 am., with Sunday School at 9:00 am and 10:30 am. Another possibility would
be to add a service on Saturday or Sunday evening.
We plan to institute a Youth Night, perhaps on Wednesdays, for young persons of all ages. We also will add
one or two midweek services. The times of these will depend upon the needs of the congregation. Also, we
plan to initiate other Bible Studies and small groups. It is harder to offer specifics about these as they typically
result from spontaneous felt needs of the congregation. As our church expands, we would expect our small
RECEIVED TIME FEB.22. 4:26PM I Ir%
7-20—ISSS Az55Att FROM P..3•
2
group structure to expand, We also plan to expand our office hours, perhaps to 9:00 am. to 5:00 p.m. We
hope to be able to keep our new church open as often as possible as a house of prayer for the community.
It is important to note that our various meetings are of distinctly different sizes. Our current Sunday attendance
fluctuates between 80 and 120 at the two services, The 3:00 am. fluctuates between 10 and 30 and the I 0:15
fluctuates between 70 and 110 (not counting.Easter and Christmas). Our midweek services are smaller. The
Thursday morning communion and the Thursday Evensong are attended by between 5 and 15 people each.
Holy day service attendance fluctuates between 15 and 50. The Tuesday night Bible study has around 20
participants. The Thursday Morning Bible study has between 5 and 10 participants. Choir practice is attended
by between 10 and 20 people. Friday Morning Prayer is attended by around 5 people,
Obviously, we hope that building our church will help our church to grow. We hope to double our Sunday
attendance over the next few years. The numbers for our various services and classes are expected to grow,
each in proportion to Sunday attendance. The new mid -week services and small groups are expected to be of
the same size and grow in the same manner as rite existing services and,groups. However, we are not the kind
of church that experiences meteoric growth. We grow slowly and steadily. We would expect the visibility of
the new site to have a significant immediate impact, but, after that, we would expect to continue to exhibit the
slow and steady pattern that has characterized us over the last eighteen years,
The above discussion has not included the pre school. Our preschool will have a capacity of approximately
48 children. The preschool will be open from 7:00 am. to 6:00 pare. Monday through Friday. We plan to have
full day programs and half day programs. Children may attend Monday through Friday or two or three days
of the week Our plans also include provision for the eventual expansion of our preschool, but we have not
yet developed detailed plats for this. Our preschool rooms will be used on Sunday for the Sunday School and
for a nursery.
We are also interested in developing an after school program for older children. There is a great need for a
safe and wholesome place for children to be between the end of school and the time parents return from work.
We plan to investigate how we can serve the community with such a program,
I hope this gives you the needed information: Let me ]stow if any thing else is needed,
Sincerely,
Stephen C. Scarlett, Rector
l�