HomeMy WebLinkAboutEASTBLUFF SCHOOL SITEnae aad %ra Soak
332 *eta 7w da
*Ae ano Veaek, eA 92660
(714) 760-3631 - 7". (714) 640-6415
April 20, 1992
Forest Werner, President
N-MUSD Board of Education
992 Azalea Dr.
Costa Mesa, CA 92626
Dear Board President Werner:
RECElvtu o,
PLANNING bEPARTMEN'i
r'ITY OF NEWPORT BEACH
AM APR 2 21992
718191101111129111213141516
A
We believe that Patti Temple, Principal Planner, City of Newport Beach can be of
great assistance to you and the nonaligned members of your Board in helping NMUSD
to better understand some of the less obvious potential legal considerations underlying
and (possibly) invalidating Dr. Nicoll's recommendation that the Coast Community Col-
lege District be permitted to lease Eastbluff School. Mrs. Temple is uniquely qualified
to help you, your non -special interest members and Dr. Nicoll understand the fine nu-
ances in Newport Beach between a "Master Planned Community", a planned commu-
nity and just where, historically, Eastbluff fits in our planning and zoning spectrum. It
is important that you take note of the fact that title to this elementary school has re-
mained unchanged since dedication. Apparently, elementary schools in California and,
especially, Orange County, are not considered the same as adult education schools by
legal definition. They are, in fact, held to be quite dissimilar in every quantifiable category
measured. Aschool is not a school .......... as Dr. Fernandez recently suggests in the media.
Dr. Vega's March 2,1992 letter to Dr. Nicoll contained half-truth. misstatements of
fact and false statements concerning Eastbluff and Bluffs homeowners and their respective as-
sociations. He certainly would have been challenged and corrected at your last meeting had he
seen fit to attend. It was probably no accident that he failed to appear, as scheduled. Your
Board should place absolutely no reliance on what he wrote in that letter or in what Mr. McEl-
roy, the source, might still attempt to say today. Moreover, any member of your Board who
presently has or may, in the future, develop a vested interest in the outcome of this dispute
must so declare now and disqualify immediately. Our Group would like to know if Mr. de-
Boom's recent column in the Daily Pilot was preauthorized and approved by the Board
before publication. deBoom's unsubtle attempt to intimidate the electorate will surely
backfire if he chooses seek another term. He comes across abraisive and outspoken with-
out great depth of knowledge. He is clearly not above the electorate --a fact that may yet
elude him. If the deBoom commentary was not approved by your Board, as alluded, we
would assume that you will take responsibility and publicly apologize for the member's
intemperate remarks while publishing a denial ofhis articulated "official" position.
Cordially,
STUDY SESSION
Agenda Item No. 12
• TO: Honorable Mayor and Members of the City Council
FROM: Kevin J. Murphy, City Manager
SUBJECT: COASTLINE COMMUNITY COLLEGE PROPOSAL
As the City Council is aware, Coastline Community College has proposed
to lease Eastbluff Elementary School as a site for its class offerings which are now
offered in Costa Mesa, Fountain Valley, Garden Grove, Huntington Beach, Westminster
and Newport Beach. These college level class offerings are now utilizing community
facilities, business sites and industrial centers. Attached to this report is a report prepared
by Coastline which generally describes their proposal and course offerings.
Over the last month and a half there has been considerable public
discussion on the possible use of Eastbluff Elementary School for this purpose. The City
Council has not formally discussed the issue, nor has it formulated a position on the
proposal. This report will attempt to address the issue and offer the City Council a
position on this matter. Prior to addressing a position on this matter it would be helpful
• to provide some background information on the site. In 1969, the Newport -Mesa Unified
School District (NMUSD) applied for a use permit to construct the Eastbluff Elementary
School. The application which was approved by the City requested a "school site," but in
an accompanying letter from the Superintendent described the proposal as a request to
construct an elementary school.
In 1959, the California Legislature adopted a comprehensive law that
required school districts to comply with building and zoning ordinances of a city or
county. At the same time, however, the Legislature permitted a school board to render
these laws inapplicable to a proposed use. The NMUSD Board has not taken this step on
the Eastbluff Elementary site.
Some Eastbluff residents have requested the City to revoke or suspend the
current use permit on the Eastbluff Elementary site, but the City Attorney's office after
review of the case law in this area has determined that this action would have no effect on
NMUSD's ability to lease the site to Coastline.
In terms of land uses other than classroom or educational uses it appears
that State law is unclear on whether these uses are regulated by the City's General Plan or
land use regulations. The City Attorney's review of the applicable State statutes indicates
that the laws are somewhat ambiguous and vague and could leave NMUSD the argument
• that they could exempt themselves from local land use regulations and use the property
for alternate land uses. A summary of relevant statutes is attached. In any proposed
alternate use of the land, however, the City Attorney believes that the NMUSD must
comply with CEQA and may be required to complete an Environmental Impact Report.
Based on the foregoing the City Council should consider establishing a
position on the future use of the Eastbluff site. Listed below is a proposed policy position
on this matter. The staff is prepared to review this position as directed by the City
Council.
•
•
11
CITY COUNCIL POLICY POSITION
1. The City supports the NMUSD in its mission to provide the highest quality
educational program to the Newport Beach community.
2. The City acknowledges the difficult financial position that all California school
districts are in today and supports efforts to use all under utilized NMUSD
properties for revenue generation.
3. The City encourages the NMUSD to strive to minimize the impacts of their
former school properties on surrounding residential uses. If the impacts cannot be
satisfactorily mitigated then the City opposes any alternative education,
residential or commercial uses of former school sites.
4.
The City staff is directed to assist the NMUSD in efforts to mitigate proposed
_i._�_a............,...,oet +t,> »aeAc of the entlrn community.
study session #12
CJ
•
C
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
April 22, 1992
TO: Mayor and Members of the City Council
FROM: Robert H. Burnham
SUBJ: Proposed Lease of Eastbluff Elementary to
Coastline Community College
We are currently in the process of evaluating numerous
statutes which may be relevant to the proposed lease of Eastbluff
Elementary to Coastline Community College. The various statutes
are too numerous to discuss in detail, so we have prepared the
following summary:
1. The Board may render Building and Zoning ordinances
inapplicable to a proposed classroom or non -classroom use of
its property by a 2/3rds or 4/5ths vote, respectively, of
Board members. However, the statutes do not clearly define
"non -classroom" activities.
The District may be able to render Zoning ordinances
inapplicable even though the District applied for, and
received, a use permit authorizing construction and operation
of the elementary school. Assuming the proposed use is
consistent with City Building or Zoning ordinances, or the
District renders those ordinances inapplicable, the District
must follow certain procedures prior to approving a lease of
vacant classrooms or a sale of the site. These procedures
include the adoption of a resolution of intent to lease and
notice to other school districts that classrooms may be
available for lease.
3. The proposed lease to Coastline Community College is a project
and the District must comply with provisions of the California
Environmental Quality Act.
This office will provide a more comprehensive Memo once we
receive direction from the City Coungwl
RHB:kmc
City Attorney
OR 20 192 13:04 COASTLINE COLLEGE P.2/6
"no community is the campus,
The ctttxens are the surds» ft
COASTLINE
DBNT
COMMUNITY COLLEGE Dpee+
William M. Vega, Ed.0.d.D.
11460 Warner Avenue. Fountain Valley, CA 92708.2597 April 16, 1992
(714) 548-76W FAX (714) 241.6248
Coastline Responds to Eastbluff Residents
Prepared BY: -
Gait Jones, Public hdomution Officer, (714) 241.6t%
In response to the concerns raised by Eastbluff residents in recent meetings
and newspaper articles, Coastline Community College has prepared the
following paper to address the major issues surrounding the proposed leasing
of Eastbluff Elementary School in Newport Beach. It is Coastline's desire to
work with the community and, to that end, the college is listening to each
and every concern and making every effort to address these concerns in order
to meet the needs of the community.
College Overview
• A fully accredited community college with headquarters in Fountain Valley,
Coastline offers programs for more than 15,000 students each semester At area
campuses, serving the cities of Casts Mesa, Fountain Valley, Garden Grove,
Huntington Beach, Newport 'Beach and Westminster. In addition, classes are
offered at more than 80 location$, including community facilities, business
sites and industrial centers, giving Coastline the flexibility to better serve the
changing needs of Orange County's population.
•
Recognized worldwide as 'the college adults turn to; Coastline's career -
oriented curriculum features state-of-the-art training in occupations ranging
from accounting to travel and tourism, including such high demand fields as
computer networking international business, legal asmshn& quality
assurance and telecommunications.
Student Profile
Coastline has a unique student profile compared with most community
colleges in the state. Coastline primarily, serves mature adults with an
average age of 35. These serious students commonly have varying degrees of
post -secondary education experiences and are returning to Coastline classes to
enhance their professional, occupational or personal goals. The college also
serves a significant number of senior citizens —especially in the Newport
Beach area —through an Emeritus program SeniorNet teaches older students
personal computing skills. Additional courses for seniors include music, art,
healthful eating and a_variety of other topics.
COAST COMMUNITY COLLEGE DISTRICT BOARD OF TAUST99S
Sherry L Baum. PaW 0, Yarqf Walter Q wmedi
Nuoy A ►oIIIUU, Amur& R. RWt
Kir$M N. aamoil. SWd#M Trwi"
Allied P. Feffmidai, PA,O.
APR 20 192 13:05 COASTLINE COLLEGE
P.3/6
Coastline Respond -page 2 of 5
• ort Beach Area the Newport
Serving the �WP full service community college serving Coastline's
Coastline fuss area since it was founded in 1976. 1 center
Beach/Corona del Mar based educational centers, the Newport center- Recent
other three community -.residents i dlately surroundmot�students
prayserves cs show that a significant r. rit. port Beach -
demographic _
Beach location are residents of Newport
statisii
enrolled at the Newport
Why Ei011L1W- mil, a faciliitY the taxpayers built, will be
e the Fast and Educati Coddee fadlity as
h1 T bluff F.le coasdine
� meter Act beg
available. According site because the college will beauty.
has first priority to leads the as an educate designed far educatlor►al
it was originally intended to be , A public
If Coasaine doesn't lease this site, a public building
purposes will go unused• c rcial) in the Newport
to
Coastline has looked into Other
� mostly The college t s found the pmpertres
• Beach area during the past inadequate parking.
be unaffordable and lacking residents each
roxbrlately 'l,W Newpoloc�d chandtherefore' ideal to
semester.
The college serves
app is centrally
The Eastbluff facility
serve this region'
rmdmate number of basses Coastline
Tentative Courses Plan ects the ppb�uff b �a� and what the
"` The following schedule
ast several sa b: � �8 „lyw proposed summer
has offered over Mhe gr � the foresee contingent upon available finding.
college a%lam guarantee and will be
schedule is not r exA1 sB_Tf L5
.tan. RIN
w'ednesday Thursday
Friday Satu
Time
Monday Tuesday
• (No. o/ Classes) 3
4
9 a.m. -, 4 4 1
12 P.m. 2 2 2
2
12:30 p.m. ' _
3:30 P•m 10 to 10 10
6:30 P•m-
9:30 P,m.
PPR 20 '92 13:06 COHSTLINE COLLEGE
9 a.m. -
12 noon
6:30 P.M. -
9:3o p.at.
P.4/6
There are no classes scheduled for Friday evenings or Saturday afternoons'
No classes will be held on Sundays at any 6"'
d in the aforementioned schedule are as follows:
Specific programs to be offere
Fall and Spring
Morning : 2 art, 1 computer and 1 business or parenting class
Afternoon; 4 foreign laerfnguage, 2 busines1 business or arts, 2 art, S computer,
Evening: I general education
• Summer 1 business
Morning: 2 art,
Evening:. , 2 art, I business, 2 computer
Expected enrollment (based oat part statistics) for all classes will range between
25 and 30 students per class.
Traffic & Parking 5o. in the _
Based on the charts and numbers listed above, the maximum number of cars
for classes held between 9 a.m.band wnoon 250 and be 1 most cases, young
would be up to 50 and at night aouto
people en route to school and adults en route to work win be gran prior
the morning sessions and home before the evening sessions begin•
liwould add' 250 parking spaces to the back asphalt area (creating a
Coastline
total 300 spaces). No existing playground facilities would be displaced.
At the beginning of each semester, students would be sent a letter which
re ations and encourages Students will
outlines parking gui es them to car poolof class that they must park on site.
also be told by instructors at the semester
For the first two weeks of every semester there would be parking control
assistance each evening. Parked on the street will also be placed on the
windshields of any cars p
APR 20 192 13:06 COASTLINE COLLEGE
P.5/6
Coastline Responds —page 4 of 5
• The Facility
Coastline leases elementary schools because they are already designed as an
educational facility —complete with administrative offices and classrooms.
The current Eastbluff facility would not be changed or retrofitted.
be used for
has five pods. if Coastline leases the facility, three pods would
classrooms, one pod for a child care center and one for instructional support.
The Eastbiuff rest rooms are adequate for adult use and would not be
modified. Because the facility would be used as is, the cost of relocating is
minimal. in addition, the site can easily be converted back to an elementary
school facility in the future.
Coastline would pursue the least'invadve and most aesthetic lighting
alternative. Ail fighting would be built/installed to meet state codes.
Directional lightirg will be centered around parking areas without
illuminating beyond the parking spaces. The school building itself would be a
barrier between back parking lot lights and homes facing the school. Coastline
would improve interior walkway lighting.
�I Maintenance and Operations
Weekly ground maintenance includes cutting, edging, fertilizing and
watering lawns. Regular maintenance also includes painting, window
washing and repairs. A fun -time custodian would be on duty.
r . -• Noise/Loitering/Trash
As mentioned previously, Coastline students are responsible adults with. an
average age of 35.
Students are provided with a break area. No mobile vendors or catering .
services will be on site at any time.
The Coast Community College District prohibits smoking and the
consumption of alcoholic beverages in the classroom or on the school
• grounds.
Coastline would contract with a local rubbish collector for weekly trash pick
UP. .
i i
APR 20 192 13:07 CORSTLINE COLLEGE
•
Coastline Responds —page 5 of 5
Security
Interior walkways would be lit in the evenings, seven days a week. College
personnel would be on site weekdays from S am. to 11 p m In addition to
installing a silent alarm, Coastline plans to work with local police to provide
increased patrols. Coastline currently has a Safety/Envitwmental
Committee which meets reVA"1y to evaluate all sites.
Benefits
A college center in the Eastbluff area would provide many benefits to the
Newport Beach community.
• A college is an asset to any community, offering course" to enhance
community members' lives through personal enrichment and profeesiOW'
°wththe district to reopen it as
a Coastline •would maintain the building, allowing district
value.
• an elementary school in the• future as well as maintaining property
• An occupied building is a much safer one. A vacant building encourages
vandalism and vagrants.
• Coastline's presence at Eastbluff will preserve existing o en Spa an
greenbelts, making it more appealing to the surrounding
ty-
• Coastline provides the convenience of having a local full-scale college.
• Coastline would provide a continuous m of income to is not thedNewport-
Mesa
Unified School District during yews •
ck
constraints and cutbacks. elementary school and during a time of budgetary constrfor the cutba it.
• Coastline would continue to offer a day care program
A community college is, by definition, a college for the community.
Interested in serving the needs of the entire community, Coastline is open to
establishing a citizens advisory committee (comprised of community
members and college representatives) for ongoing recommendations.
C
� i
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- ` 'R-�-`c3tZ ��2D � mac,/�soo_�t ���,�e,
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
April 20, 1992
TO: Bob
FROM: Laura
RE: Sale Of School District Land To A City
The statutes regarding a school district sale of its real
property to a local government entity are found at Education Code
Section 39360, et seq. Education Code Section 39360 provides that
the governing board of a school district may sell any of its real
property which is not or will not be needed by the district for
school classroom buildings at the time of delivery of title. The
funds derived from the sale of such surplus property can be used
for limited purposes as set forth in Section 39363. Any such sale
of property shall be governed by the provisions of Government Code
Section 54220, et seq. regarding surplus land. The Government Code
statutes declare that using the land for open space and
recreational purposes is a priority and allow for the sale of
surplus land to a public entity which will continue to use it for
recreational purposes. They further require that the entity
holding the land notify various agencies set forth in Section
54222(b) that the land is available whereby an entity desiring to
acquire it notifies the holder that they will buy it. After that
point, the entities may negotiate for the sales terms pursuant to
Section 54223.
Prior to the sale, the school board Would need to adopt a
resolution, by a two-thirds vote, declaring its intent to sell the
property pursuant to Education Code Section 39366. The provisions
of the Education Code found at Section 39360, et seq. and the
Government Code found at Section 54222, et seq. seem to conflict in
that the Education Code looks like a public bidding statute,
whereas the Government Code states that the local agencies can
negotiate between themselves in order to arrive at sales terms.
However, Education Code Section 39360.5 specifically provides that
the sale of real property shall be subject to Section 54220, et
seq. of the Government Code. It could mean that the public bidding
requirements apply only to the situation where the school districts
want to lease their property.
Bob
April 20, 1992
Page 2
Education Code Section 39390, et seq. provides for the sale or
lease of a school site containing land which is used for
playgrounds, playing fields or other outdoor recreational and open
space purposes. Such land shall first be offered to any city
within which the land is situated (Section 39394). The Sections
further limit the price for which a school district may sell the
land (Section 39396). Prior to the city purchasing property
pursuant to these provisions, it must first find, by a two-thirds
vote, that public lands within the vicinity of the school district
land are inadequate to meet the existing and foreseeable needs of
the community for playgrounds, playing fields and other outdoor
recreational and open space purposes (Section 39397). Further, the
city must adopt a plan designating which surplus sites the city
desires to purchase (Section 39397.5).
V
LSS:gr
gr/bobscoo L.mem
USE PERMIT APPLICATION
CITY OF NEWPORT BEACH
Planning Department
33CO Newport Boulevard
Phone (714) 673-2110
N o . ^f. LV
Fee $150.00
Applicant Newport -Mesa Unified School District Phone 645-0600
Mailing Address Post Office Box 1368Newport Heach California 011.0 _--
Property Owner The Irvine Company Phone— 544-0110
Mailing Address Irvine C�liforni� -
�ro2� e-RA
Address of Property Involved Proximity of the corner of Vista del Sol
_ AN el 0 0
Purpose of Application (describe fully)
Zone __Present Use Vnnnnr nrnr ry
Legal Description of Property Involved (if too long, attach sheet)
gnature of Applicant or Hg
gnytLre of uwner
�/ —
Date
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
DO NOT COMPLETE APPLICATION BELOW THIS LINE
: , .P . f I
Date Filed 3-7C/-/vCi Fee Pd.-;.1,,. 4 Receipt No.
Hearing Date / �2 �Z Publication Date
Posting Date 7-__Mail Date
P.C. Action APPROVED subject to condit
part hereof.
Date Apr. 17 1969 Appeal
r C Arrin�
Mal
INl�
WTY OF NEWPORT BEA*
April 17, 1969
COMMISSIONERS
Ci
W p\ £
N J7 N'
J• 0
7
solution can be found. He also stated that
they could bring in box trees for screening
rposes.
After discussion, the application was
Motion
x
approved ubject to the following conditions:
Second
x
Ayes
x x
x
x
x
1. Layout the parking lot and loca-
Noes
x
tion and ign of the access points
shall be sub ct to approval of the
City Traffic En 'neer.
2. Landscaping plans an arking lot
lighting shall be subje to the
approval of the Planning ' ector.
3. The parking lot shall be proper
surfaced (the plan submitted by th
applicant indicates two inches of
asphaltic concrete over native
material). Parking spaces, entrances
and exits, and directional aisles
shall be properly marked.
4. Approval shall be for a period of
one year and any request for exten-
sion shall be brought to the Planning
Commission rather than vo the Modifi-
cations Committee.
!
UP-1428
NEWPORT-MESA UNIFIED In the vicinity of
!
SCHOOL DISTRICT Vista del Oro and
I,
APPROVED
Vista del Sol
I I I
Por. Block 52 Irvine's Subdivision
l
Zone R-4-B-2-UL
Applicant requests approval of the constructio
I!
of an elementary school on a proposed site.
I
it
Mr. William Roode of the School Construction
I I I
and Planning Staff was present at the meeting.
I
After a discussion, the application was approv
d
i
j
subject to the following conditions:
Motion
x
Second
x
1. A parcel map shall be filed delineating
All Ayes
the subject site.
2. Vista del Oro adjacent to the site
shall be dedicated and improved in
accordance with City development
Page 9.
4ITY OF NEWPORT BEAM COMMISSIONERS
ri1 17, 1969
standards; including half -street
paving, curb, sidewalk, street
lights, street trees and any
necessary utilities.
3. The development of the site shall
be substantially as shown on the
plans and elevations submitted with
this request; including the size and
location of the proposed signs.
4. Plans of the proposed landscaped
areas and method of irrigation shall
be submitted for approval by the,
Planning Director prior to the
issuance of a building permit.
5. All outdoor lighting facilities
shall be directed away from surround-
ing properties proposed for residen-
tial development.
R-263 NEWPORT-MESA UNIFIED In the vicinity of Vist
SCHOOL DISTRICT del Oro & Vista del Sol
APPROVED Por. Block 52 Irvine's Subdivision ' I
Zone R-4-B-2-UL
Applicant requests approval of the creation of
one parcel for a school site.
I
Mr. William Roode of the School Construction
and Planning Staff was present at the meeting.
I f
After a discussion, the application was Motion xi
approved subject to the following conditions: Second I ;x
All Aye
1. A parcel map shall be filed to l i
legally establish this parcel. j
2. Vista del Oro shall be dedicated
as a 30 foot wide half -street and
improved in accordance with City
standards, including half -street
paving, curb, sidewalk, street
lights, street trees and any
necessary utilities.
Page 10.
•
April 17, 1969
TO:
FROM:
SUBJECT:
Application
CITY OF NEWPORT BEACH
Planning Commission
Planning Department
Use Permit Application No. 1428
(Related to Resubdivision No. 263)
Newport -Mesa Unified School District
Portion of Block 52 I,vine's Subdivision
Zone R-4-B-2-UL
Pursuant to Section 15004 of the California Education Code, the
Newport -Mesa Unified School District requests Planning Commission
approval to establish the Eastbluff Elementary School for grades
kindergarten through 5th grade. The request is being filed in
conjunction with Resubdivision No. 263 which delineates the sub-
ject site.
Subject Property and Surrounding Uses
The subject property consists of about 11.00 acres of vacant land
in the R-4-B-2-UL zone situated on the southerly side of Vista del
Oro easterly of Vista del Sol. Vacant land abuts the site on the
west and across Vista del Oro to the north. The Eastbluff Park
abuts the site on the east and south. A pre-school approved by
the Planning Commission in March 1966 under Use Permit No. 1197
is located at the northeasterly corner of the site. The entire
surrounding area is zoned R-4-B-2-UL. The Eastbluff Village
Shopping Center is located at the northeasterly corner of Vista
del Oro and Vista del Sol, and is classified in the C-N-H zone.
Developmental Characteristics
The following outline contains the major developmental characteris-
tics of the subject property:
Gross Site Area
Dedicated Street Area
Net Site Area
Total Playground Area (Approximately)
Paved Playground Area (Approximately)
Improved Area (Approximately)
11.66
Acres
0.66
Acres
11.00
Acres
6.40
Acres
0.16
Acres
4.60
Acres
• 0
TO: Planning Commission - 2.
Parking Spaces Provided
Number of Buildings
18 Classrooms
2 Kindergartens
1 Administration Room
1 Library Room
3 Toilet and Storage Buildings
45
Three future classroom buildings each containing six classrooms
are designated near the southwesterly property line to be con-
structed as enrollments demand. The proposed development will
combine active open play areas with those of the abutting park
to provide joint use facilities. Vista del Oro will be dedicated
and improved as a minimum 30 foot wide half street. The northerly
half of this street will be improved as a condition of approval of
Use Permit No. 1422-A, Northbluffs Phase I.
Analysis and Recommendation
The subjec'. site has long been planned as an elementary school site
designed to serve the rapidly developing Eastbluff area. The School
District indicates that there are presently 340 K-5 children resid-
ing within the proposed service boundaries of this school with
future enrollments expected to be double this number. By combining
the schools active recreational areas with those of the adjacent
park, a joint facility more functionally designed to satisfy the
recreational needs of residents of this area will be afforded.
Since the proposed development will satisfy the elementary educa-
tional - recreational needs of this area and will be designed in
keeping with the developmental characteristics of the area, the
staff recommends approval of this permit.
If the Commission wishes to give favorable consideration to this re-
quest, staff recommends the following conditions of approval:
1. A parcel map shall be filed delineating the subject
site.
2. Vista del Oro adjacent to the site shall be dedicated
and improved in accordance with City development
standards; including half street paving, curb, side-
walk, street lights, street trees and any necessary
utilities.
3. The development of the site shall be substantially as
shown on the plans and elevations submitted with this
request; including the size and location of the pro-
posed signs.
14
TO: Planning Commission - 3.
4. Plans of the proposed landscaped areas and method
of irrigation shall be submitted for approval by
the Planning Director prior to the issuance of a
building permit.
5. All outdoor lighting facilities shall be directed
away from surrounding properties proposed for
residential development.
Respectfully submitted
Laurence Wilson
Planning Director
By Lf� /Y•
Brian N Haw ey
Senior Planner
LW: BNH:hh
Attachments: Vicinity Map
Plot Plan and Elevation
1 ~ Y
N.EWPORT--MESA Unified School District
pnsl office hox 1308 • 11elt-port hcar'h, ralijewiul 9206-3 • (714) 6.15-0600
WM. L. CUNNINGHAM,.S'ppP/Il1IN1110"t
March 14, 1969
Mr. Ernest Mayer j,` Cr;_h. •Y �
Director of Planning
City of Newport Beach r7
330 Newport Boulevard
Newport Beach, California
Subject: Eastbluff Elementary School. Site - Location Review and Approval
Enclosures: A
B
Dear Mr. Mayor:
Resubdivision Application
1. 20 copies: 8-1/2 x 13" En-,
ineering Plot "lap of Site
with Met=•s and Bounds Legal Description
2. General Development Plan of. the Bluffs
a. 20 copies: 8-1/2 x 13"
b. 1 Large Scale Copy
3. 20 copies: Flementary School District Map Showing,
Proposed Site and Existing Elementary Schools
Use. Permit Application
1. Large Scale Plot Plan
a. 20 copies: Large Scale
b. 20 coptes: A-1/2 x H."
2. 20 copies Showing Building, Clevations
'rhe Newport -Mesa Unified School pi.sr.rict is rorluostinit Hint the 111.nnning, Com-
mission of the City of Newport Bench review and approve the proposed Ensthluff
Elementary School Site as described in the enclnaurr.:;. Thin stop is requit-od
finder the California Education Code before the District m•'Iv procoe,d with the
purchase of the proposed site. 'I he District 11Sn rrsperrfifIIv rcqursrs thar tho
rilin)' fors c'strlblished by tho City of Newport Br•Irh for (hi, lirsubclivisirn A;•-
plic•aLion :Ind the Ilse Permit Application ho waived.
9'hr Districr has midi, n rnreful evnluntion of this proposed site In term:( of
rva.,lhlllty of school construction and sIftaI,IItty of location In relarlon I other
tir.hools to Life 1listriCL cold to the wren which the proposed srhroi would :wove. 'I'ho
srhnal Is proposed to nccommodate children In Grades Kindergarten through 5 in the•
aru.l generally known as i•:asCbluff, with the poSsibility that children from c•crrain
SUPF-IIINIENDENVS OFFICE aUOGL'1 antl OVSINESS SEI2VICL'S SCI.100l. PLANNING INSI IIUL-I ZONAL SCHVICCS
1601 Slxl000lll s[rool 1657 Placentia Avenue 2000 Cliff DIN. 1901 Newport navlovarll
Nowport Borth, Callrornla 92660 Colin Mass, Callfolnla 02627 Newport 9oach, Calif..... la 92660 Costa Mat", Celiblpla 92627
(714) 645.0500 (7141645.1100 (714)645.0600 (714) 645-0000
f
Mr. Ernest Mayer
City of Newport (teach March 14, 1969
Pare .1..
immediately adjacent areas would also be served. There are presently 3411 K-5
children enrolled from the Eastbluff area, an•+ additional units - either now
undrr ronstruction or planned for future construction - are expected to more
than double this number. Undcr the terms of the District's transportation policy
all children residing in the Eastbluff would be expected to tall: to and from this
school, with transportation being provided for children who might subsequently be
brought in from surrounding areas.
The District is co-ordinating its plans for construction with those of the Irvine
Company in terms of future development in the area to provide the necessary sew-
age disposal system, street development, and utilities service.
Plans have been developed by the architectural firm of Carmichael -Kemp for the
construction of the school that would be in harmony, both architecturally and in
terms of landscaping, with the existing and proposed residential development of
this area.
Your interest and attention are very much appreciated.
Sincerely yours.
Re0. Andersen
Administrative Assistant
School Pncilities
ROA/ch
cncIosur.a
TO- �4wf6k& DATE o 2J
❑ MAYOR
❑ COUNCIL
❑ CITY MANAGER
❑ DEPUTY CITY MGR.
❑ ATTORNEY
❑ BUILDING
❑ BUSINESS LIC.
CITY CLERK
DATA PROCESSING
❑ DUPLICATING
❑ FINANCE
❑ FIRE
GENERAL SERVICES
LIBRARY
MARINE
PARKS & REC.
PAYROLL
PERSONNEL
PLANNING
POLICE
PUBLIC WORKS
PURCHASING
TRAFFIC
UTILITIES
TELECOMM.
FOR: 0 ACTION & DISPOSITION
FILE
INFORMATION
C ❑ REVIEW & COMMENT
❑ RETURN
CITY ATTORNEY'S OFFICE
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
April 8, 1992
TO: Clarence J. Turner, Councilmember
FROM: Robert H. Burnham
SUBJ: NMUSD Proposed Lease to Coastline
This Memo supplements our initial analysis of legal issues
relevant to NMUSD's proposed lease to Coastline Community College.
Additional research has strengthened our conclusion that NMUSD does
not need to amend its use permit prior to approving the Coastline
lease. However, we believe the District must comply with City
Building and Zoning ordinances before embarking on a project that
does not involve classroom or non -classroom school district
activities (such as condos or retail/commercial space).
In our previous Memo, we concluded that NMUSD could probably
exempt itself from City Zoning ordinances even though it had
already submitted to City zoning jurisdiction by applying for, and
receiving, a use permit to construct the elementary school. In a
case with similar facts, the Santa Clara Unified School District
applied for, but was denied, a use permit to construct a
continuation school in Santa Clara. (City of Santa Clara v. Santa
Clara Unified School District, 22 Cal.App.3d 152.) Santa Clara
Zoning ordinances required a use permit to construct a school in a
residential zone. The school district voted to exempt itself from
city zoning ordinances after the permit was denied by the Council.
The court, in an apparent response to the city's argument the
district had consented to zoning jurisdiction, stated:
"The only reasonable interpretation of these sections is
that a school district must abide by local zoning
ordinances unless it chooses to exercise its right of
exemption. The decision to render itself exempt is
Neither does that Section limit a school district's
discretion in any way except to provide that if the
district's determination to exempt itself is arbitrary
and capricious, it is subject to attack in the Superior
Court." (Santa Clara, supra, at Page 158.)
Certain Eastbluff residents want the City Council to
"immediately invoke a suspension" of the use permit. The Council
does not have the power to "suspend" a use permit, but the Santa
Clarence J. Turner, Councilmember
April 8, 1992
Page Two.
Clara case suggests that even revocation would have no impact on
NMUSD's ability to lease the elementary school to Coastline
Community College. This is true even though certain residents such
as Mr. Pomerance are correct when they say the original use permit
was approved with the understanding the property would be used as
an elementary school. (See letter attached.)
We have also been asked to analyze whether NMUSD could
construct condos or retail/commercial space without complying with
City Zoning ordinances. The District probably does not have the
power to do so. We are hesitant to give you an unequivocal "no"
because the statutory scheme discussed in the earlier Memo was not
a model of clarity. As you know, there are two sections that allow
the District to render our Zoning ordinances inapplicable to a
proposed use of property. The first section (53094) allows the
District to exempt itself by 2/3rds vote "except when the proposed
use of the property... is for non -classroom facilities, including,
but not limited to, warehouses, administrative buildings, or
automotive storage and repair buildings." The second section
(53096) authorizes an exemption upon a 4/5ths vote for "a proposed
use of property... including, but not limited to, warehouses,
administrative buildings, or automotive storage and repair
buildings." This second section does not use the term "non -
classroom facilities" but does list the same specific uses that
describe non -classroom facilities in Section 53094. We think the
omission of "non -classroom facilities" from Section 53096 was
probably unintentional and may be irrelevant given the listing of
specified uses which are indicative of non -classroom facilities.
However, the absence of that term in Section 53096 may give the
District an argument that they can render Zoning ordinances
inapplicable to uses of property other than classroom or non -
classroom facilities.
Finally, the proposed lease to Coastline Community College is
a project pursuant to CEQA. I do not know if the District has
conducted an initial study to determine if the project could have
a significant affect on the environment. Residents opposed to the
Coastline project may want to introduce evidence at the next Board
hearing as to the impacts that could result from the project. I
understand these impacts will be related to streetside parking,
traffic, noise, etc. The residents would be well-advised to have
the evidence presented by a person with credentials such as a
Planner or Traffic Engineer.
Robert H. Burnham
City Attorney
RRB:kmc
Attachment
A ' PRFMIER GROUP, INC
714-720-7455
901 Citrus Place - Suite 200
Newport Beach, California 92660
All Council Members 4
CITY OF NEWPORT BEACH RECEIVED
Faxed APB 3�K1992
.. NEWPo� BUCH
Dear Mayor and City Council Members;.
Fax 714.720.1057
Fax 800.729-1057
Telex 981151
April 3, 1992
Attached is an editorial copy of my opinion on expansion of
Coastline College into the Eastbluff area of Newport Beach.
This is my contention:
1. The City Council who issued the original "Use Permit" to
the Newport -Mesa school Board did so with "intent" for
the site to be used as an elementary school.
2. Then as well as now, the council would have performed
traffic studies, environmental impact studies, etc. to
determine the feasibility of a parking facility 10 times
larger then the current plan.
3. The City Council should:
"immediately invoke a suspension of the permit for "Be"
other than the original intended use of the present
elementary school.
4. in attending meetings and polling all Home owner groups
around the immediate impacted area of the Bluffs and
Eastbluff area, the opinions run about:
a. 80% adamantly opposed to coastline
b. 10% some what opposed
c. 10% non committed or in favor.
5. Additional expenses for police, paramedic, traffic, etc.
will be incirred without revenue to the city.
Please consider revoking this permit until additional studies
are undergone and full discussions with our police and
traffic departments have taken place. Date _L-- Jo
Thank you,
7�4mw-_
Howard M. Pomerantz
President
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❑ Attemey
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B E V E R L Y H I L L S 9 0 2 1 0?
By now, most people know that this zip code is associated
with Beverly Hills. However, the Newport -Costa Mesa School
District is about to erode "Newport Beach 92660" into
a gathering place for people from the communities of Anaheim,
Garden Grove, Santa Ana, etc. (just to name a few)
Newport residents north of San Joaquin Hills Road & south of
MacArthur have lost their own community elementary school due
to a School Board that is run by a majority interest from
Costa Mesa. Now, this same Newport -Costa Mesa School Board
(supported by elected Newport representatives) is attempting
to turn East Bluff School into "Coastline County College".
In doing so, Newport residents will lose their playground
to a parking lot. Parks & Recreation will not be able to
have a local place available for extra programs and the
community will not be able to use the school for a children's
Gate Program, Magnet School, a school library, Brownies,
Cub Scouts and so many other possibilities.
Traffic & crime is associated with a college that runs till
10 PM & our almost non-existent crime will become prevalent.
Additional police, paramedics & other city services will be
required, but at Newport City expense, as only the School
District collects the revenue, not the City of Newport Beach.
Over 500,000 (yes 1/2 million) one way car trips per year
will increase traffic on Bison, East Bluff Drive and the
community street of vista del Oro. This will cause
additional police expense for accidents and extra costs for
street maintenance without revenue to Newport. our own local
(and only) shopping center will be overrun by parking and
traffic from....... outside interests.
Eventually, Coastline will infringe regularly on Newport
residents by "Special Events" for Coastline students at East
Bluff Park. This reduces our use and will cost Newport taxes
for clean up.(It could even interrupt Soccer & Little League)
Newport children will lose use of this "Public" park and
to lose use of their playground to a "Parking Lot........
What a shamel
Residents, wake up our City Council to this plight. Call
them, make them aware that the intended use of this School
was and is for Newport's children and residents. The Use
Permit was issued for our local benefit, not the county's.
Let's keep Newport Beach "92660"1
Howard M. Pomerantz ( East Bluff Resident)
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
April 20, 1992 -( j3/9_-1)
TO: Clarence J. Turner, Councilmember
FROM: Robert H. Burnham
SUBJ: Coastline Community College;
Applicability of City Zoning Ordinances to
NMUSD Activities.
In 1959, the Legislature adopted a comprehensive statutory
scheme that required school districts to comply with building and
zoning ordinances of a city or county. However, the Legislature
allowed the governing board of the district to render those
ordinances inapplicable to a proposed use. This Memo will
summarize the statutory scheme and offer a brief analysis of its
application to NMUSD's proposed lease to Coastline Community
College.
Subject to the exceptions described in this paragraph, a
school district is required to comply with all applicable building
and zoning ordinances of a city or county in which the property or
project is located. The governing board of the district can render
zoning ordinances inapplicable to a proposed use of property, other
than "non -classroom facilities including, but not limited to,
warehouses, administrative buildings, auto storage and repair
buildings" by a two-thirds vote of its members. The board may
render such ordinances inapplicable to a proposed "non -classroom"
use upon a determination, approved by four -fifths of its members,
that there is no feasible alternative to its proposal. The board's
decision regarding "classroom" activities can be overturned only if
a court determines it was arbitrary and capricious. The board's
decision to exempt non -classroom activities can be overturned if
the decision is not supported by substantial evidence. The
district must comply with certain specific building and zoning
ordinances not relevant to the issues presented by the proposed
lease to Coastline Community College.
As you know, in 1969, NMUSD applied for a use permit to
construct the Eastbluff Elementary School. The formal application
asked for a use permit to create a "school site" but the
accompanying letter from the Superintendent clearly describes the
proposal as a request to construct an elementary school on part of
Clarence J. Turner, Councilmember
April 20, 1992
Page Two.
a parcel previously used for recreational purposes. An argument
can be made that the use permit limits the site to an elementary
school with an amendment required before any lease to Coastline
Community College. There is one case which touches on this issue.
(City of Santa Cruz v. Santa Cruz City School Board, 210 Cal.App.3d
1). In Santa Cruz, the district installed lights around a playing
field. After installation, the district applied for a permit which
was modified and then approved by the city council. (Council
approved fewer light poles at reduced heights.) After the district
determined the permit granted by the Council would not provide
adequate lighting, they voted to exempt 'the project as a
"classroom" facility. The City of Santa Cruz apparently did not
argue the district had consented to zoning code jurisdiction when
they filed the application for their permit, and the court attached
no significance to the district's application for permit.
A second issue is whether the proposed use by Coastline is,
"classroom" or "non -classroom" activity. The courts have recently
concluded that a swapmeet operated on a community college parking
lot was "non -classroom" activity, even though 20% of the proceeds
were turned over to the school for instructional programs. On the
other hand, the lighted playing field in the Santa Cruz case was a
"classroom facility" because it was directly related to student
instruction such as P.E. classes, spirit activities and band
performances. Those activities were deemed "an integral part of
the educational program at the high school." I believe the City
has a valid argument that the instructional activities conducted by
Coastline Community College are not classroom because they are
unrelated to the educational program of the District, or the
education of the students served by the District.
In summary, I believe the City has a plausible, although not
strong, argument that the District must obtain an amendment to the
use permit before it can approve a lease with Coastline Community
College. I believe the proposed lease to Coastline is for non -
classroom activities, and NMUSD could render our zoning and
building ordinances inapplicable only upon a finding by four -fifths
of the members that there is no other feasible proposal.
ober H. Burnham
City Attorney
RHB:kmc
cccoll.mem
.o,
zi oaN�
March 12, 1992
Mr. Mike Soucek
332 Uista Trucha
Newport Beach, CH 92660
Dear Mike:
CITY OF NEWPORT BEACH
(714) 644-3000
Thank you for your letter of March 12th concerning the Eastbluff
school • buildings and their possible use by the Coastline
Community College District. In a telephone conversation 1 had
this day with school officials, 1 was -assured that the Coastline
•Community College District personnel and the Newport -Mesa
Unified School District personnel would directly communicate the
proposed lease and modifications to representatives of the
homeowners' associations. Following this communication a
decision would be made concerning this matter but not until the
details are known and comments made by the homeowners'
associations. Therefore, I believe that it would be premature to
place this subject matter on a City Council Study Session agenda
until the City knows more about the dialog between the two
districts and the homeowners' associations. If you have any
questions, please give me a call.
Sincerely,
ROBERT L. WVNN /
City Manager
RLW:kf
cc: C. Turner
6cc � N�cnl1
City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92659-1768
8)ty92 at 12:20.00 For: Wynn. Hon Bob (64 -3889) From: Mike and Ingrid Soucek
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332 ML J"
76 panl &A, CA 92660
(71q) 760-3631 — go& (71q) 00-015
March 12, 1992
Mr. Bob Wynn
Office of the City Manager
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92660
Dear Bob.
This letter is written to you for Council scheduling at the suggestion of Councilman Turner.
We are asking you to add this item to the agenda of the next Study Session with notice to all parties
concerned so that appropriate representatives can attend and participate in the discussion.
The City had earlier announced a position of "non-involvement" in the matter of the Coastline
Community College District's current attempt to lease Eastbluff School from the Newport -Mesa
Unified School District. The.parties were then told that a City use permit would not be required, that
the approval of area homeowners' associations was unnecessary, that the preparation of an
environmental impact report could be safely ignored, etc. The Districts are now proceeding with their
negotiations ignoring these and other important components required by the public negotiating
process between the two Districts, their constituents and their patrons. We believe that the City should
become involved in this particular process just as it did when the Lucas faction proposed to build a
football stadium at CdMHS and when the Bergeson acquatic center became more than one man's
dream. There is considerable opposition to Coastline leasing Bastbluff School from all area
associations and the homeowners independent of their respective associations.
For its part, Coastline has done little to address the concerns and fears of the associations.
Their representatives have appeared before well -attended homeowner meetings throughout the Bluffs
but their bent was not toward seeking project approval from the residents. They came to ask what
courses should be taught when they "take over" the School, Newport -Mesa, on the other hand, in the
person of Mrs. Carol Stocker, the District's negotiator, says that it does not need public approval to
lease Eastbluff School. Stocker says she is under instruction from John Nicholl to "do the deal". Both
parties seem to be quite contemptuous of the vocal public opposition and are said to be proceeding "full
speed ahead". This topic is scheduled for a Newport -Mesa hearing to be held.at Harper Center on
March 24th. That meeting figures to be very well attended.
Eastbluff and the Bluffs are planned communities. Bastbluff School is part of these planned
communities. There is a considerable operational difference between an elementary school designed
accommodate 300 children ages five to 12 and functioning weekdays between 9 A. M. and'3 P. M.
with 25 teacher -parent parking spaces AND Coastline's proposed adult education school designed to
0/12192i,t 12;21;17 For: Wynn, Hon Bob (OW338) From: MIko and Ingrid Souook
Page Two
City Manager Bob Wynn
March 12, 1992
accommodate an unspecified number of teenagers and' adults from within (and without) Newport Beach
functioning at least six days per week between 8 A. M. and 10 P. M. with a proposed 300 student -
teacher parking spaces to be installed behind the School (where the current playground presently serves
neighborhood youth). We are told that part of Coastline's proposal is to provide parking lot security
lights in the rear of the School (certain to please those Vista Grande and Vista Maderia residents whose
homes back on Eastbluff Park and School grounds).
Vista del Oro is a curved street with a 25 MPH limit The Harbor Area Boys Club, the
Eastbluff Shopping Center and a preschool already generate significant traffic. The City, in its
infinite wisdom, removed the crosswalk which protected children using the Boys Club facility when
crossing to the Center. The Club has become an unofficial "babysitter" when school lets out at 2
P. M. Estimates range from 50-125 unsupervised children there daily after school. Although the Club
cannot "watch" these children and does not accept responsibility for them, they are there and the
intersection of Vista del Oro and Vista.del Sol has become extremely dangerous. Factor in the aged
residential population in the Bluffs, add Coastline and 300-500 car -driving students coming and going
from early morning to late at night AND you and the Council can easily see why the opposition to
this project is so great
By putting this on the afternoon agenda and getting word to the various association presidents,
Coastline and Newport -Mesa, you will avoid another ",packed house' Council meeting with emotional
citizens while accomplishing essentially the same. I urge you to involve the City and- the Council in
this matter as soon as ;possible. Coastline and Newport -Mesa are acting irresponsibly and without
accountability to the taxpayers who make it possible for them to exist They seem haughty and high-
handed Hopefully, you and the Council will listen and work with us to help fend off an unwanted
leasor of a neighborhood school. We believe that Newport -Mesa is being pennywise and pound
foolish, in any event While Eastbluff School may presently be declared "surplus", kids are going
to school in trailers at Harbor View and,Lincoln Middle School, a former Coastline location, is (again)
being remodeled (at taxpayer expense) and converted into an elementary school. The demolition of
Corona del Mar Elementary brought condos and parking headaches to residents of that zone. Who
pays for rennovations each time Coatline moves into or out of'a Newport -Mesa facility? We both
know the answer.
Bluffs and Eastbluff residents do not appear to want Coastline, in any form, at Bastbluff
School. Eastbluff School is not presently zoned for adult educational purposes on the scale proposed
The City is presently not a party to current negotiations concerning the lease of this property. We ask
the City to give this matter a high priority and consider to intervene, either official or as a mediator -
conciliator, to protect the interests of the residents who would be affected and impacted by this project
Cordially