HomeMy WebLinkAbout97-21 - Adopting Planned Community District Regulations for the Newport Harbor Lutheran Church Site. (Planning Commission Amendment No. 860)• ORDINANCE NO1. 97 -21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING PLANNED COMMUNITY
DISTRICT REGULATIONS FOR THE NEWPORT HARBOR
LUTHERAN CHURCH SITE.
(Planning Commission Amendment No. 860)
WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport
Beach provides that Title 20 (the Zoning Code) may be amended by changing provisions whenever
the public necessity and convenience and the public welfare require such amendment; and
WHEREAS, on June 5, 1997, the Planning Commission of the City of Newport
Beach held a public hearing regarding Amendment No. 860; and
• WHEREAS, the City has prepared a Negative Declaration with supporting Initial
Study for the project in compliance with the California Environmental Quality Act (CEQA) and the
State CEQA Guidelines; and
WHEREAS, the Planning Commission has reviewed and considered the
information contained in the environmental document in making its decision on the proposed
amendment to the Land Use Element of the Newport Beach General Plan; and
WHEREAS, at its meeting of June 5, 1997, the Planning Commission adopted a
resolution recommending to the City Council the adoption of Planned Community District
Regulations for the Newport Harbor Lutheran Church Site.
NOW, the City Council of the City of Newport Beach DOES HEREBY ORDAIN
as follows:
•
Ord 97 -21
• SECTION 1. The following described real property in the City of Newport Beach,
County of Orange, State of California, more particularly described as,
That those portions of the property located in the 700 Block of Dover Drive,
between West Coast Highway and 16th Street, on the southeasterly side of Dover Drive
(798 Dover Drive), be designated as the Newport Harbor Lutheran Church Planned
Community District."
as shown on Districting Map No. 26, referred to in Section 20.01.050 of the Newport Beach
Municipal Code and by such reference made part of Title 20 of said Code, is hereby amended so as
designate the property as the PC (Planned Community) District and to further designate the site as
the Newport Harbor Lutheran Church Planned Community.
SECTION 2. Development of the property, which is rezoned to P -C pursuant to
• this Ordinance, shall be as specified in the Planned Community District Regulations and
Development Plan which is also approved and adopted pursuant to this Ordinance, and which
specifies the permitted land uses, intensity and density limits and development standards and
regulations for the property as set forth in the attached Exhibit 1.
SECTION 3. The Mayor shall sign and the City Council shall attest to the passage
of this Ordinance. This Ordinance shall be published once in the official newspaper of the City,
and the same shall become effective thirty (30) days after the date of its adoption.
SECTION 4. The Planning Director of the City of Newport Beach is also hereby
instructed and directed to apply all of the provisions of said Planned Community District
Regulations and Development Plan to the Property as described herein, the same shall be in full
force and effect and be a part of Title 20 of the Newport Beach Municipal Code.
F1
Ord 97 -21
• SECTION 5. This Ordinance was introduced at a regular meeting of the City
L�
Council of the City of Newport Beach held on the 9th day of ,Tune 1997, and was
adopted on the 23rd day of .Tune _ 1997, by the following vote, to wit:
ATTEST:
CITY CLERK
Attachment:
AYES, COUNCIL MEMBERS O'NEIL, EDWARDS, GLOVER,
NOYES, MAYOR DEBAY
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS HEDGES, THOMSON
MAYOR
Exhibit 1: Newport Harbor Lutheran Church Planned Community District Regulations
F: \USER \PLN\SHARED\ 1 PLANCOM\ PENDING \NBLUTHRN \RESOLUTN\CITYCNL \TEXT -0RD.DOC
• EXHIBIT 1
•
NEWPORT HARBOR LUTHERAN CHURCH
PLANNED COMMUNITY DISTRICT REGULATIONS
4
Ord 97 -21
•
NEWPORT HARBOR LUTHERAN CHURCH
Planned Community District Regulations
•
Ordinance No. 97 -21
Adopted June 23, 1997
Amendment No. 860
•
•
•
TABLE OF CONTENTS
Page Number
Site Plan (Development Agreement Exhibit " C") ....................... ..............................3
I.
Introduction............................................................................... ..............................4
H. Statistical Analysis ................................................................... ..............................6
III. General Notes ........................................................................... ..............................7
IV. Permitted Uses ........................................................................ .............................10
V. Development Standards .......................................................... .............................13
VI. Sign Regulations ...................................................................... .............................15
VII. Site Plan Review ...................................................................... .............................17
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I. INTRODUCTION
• Prolect Background
The Newport Harbor Lutheran Church (Church) is a multi -use religious and
educational facility located in the City of Newport Beach The Church has a General
Plan land use designation of Governmental, Educational and Institutional Facilities.
The City and the Church have entered into a Development Agreement which
contemplates the exchange of property between the parties which will enable the City
to provide more convenient parking for Bob Henry Park and Castaways Park. The
Development Agreement also requires the City to construct for the Church certain
facilities to replace or restore improvements located on property to be conveyed by the
Church to the .City. Finally, the Development Agreement is intended to vest the
Church's right to expand their facilities to accommodate various structures, land uses
and activities as described in these Regulations. These Regulations are intended to
describe the precise condition, restrictions and limitations on the uses and structures
permitted on Church property as well as implement various provisions of the
Development Agreement. These Regulations are intended to provide detailed land use
and development standards supportive of the uses proposed in the Development
Agreement while ensuring City control over the development to ensure the project
complies with applicable ordinances, codes, Regulations and policies, and to ensure
compatibility between the project, the new residential development to the east of the
• Church, Bob Henry Park and Castaways Park.
The provisions of the Development Agreement shall prevail in the event of any
conflict with the provisions of these Regulations or provisions of the Newport Beach
Municipal Code. Whenever these Regulations conflict with provisions of the Newport
Beach Municipal Code, these Regulations shall prevail. The provisions of the Newport
Beach Municipal Code shall control development of the project in the absence of
applicable Regulations or provisions in the Development Agreement.
Prolect Location
The Church is located within the City of Newport Beach at 798 Dover Drive. The
project is situated between the Castaways Park on the south and Bob Henry Park on
the north. The easterly boundary of the Church property abuts the Castaways
residential project.
Project Description
The Project contemplates the vesting of the Church's right to construct up to
40,000 sq. ft. of floor area with the right to install temporary facilities as specified in the
. Development Agreement and these Regulations. The floor area may be utilized for any
of the uses or activities specified in the Development Agreement or these Regulations,
and such other activities as are commonly provided by religious institutions in Orange
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County, subject to the restrictions in the Development Agreement and these
• Regulations.
•
•
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II. NEWPORT HARBOR LUTHERAN] CHURCH STATISTICAL ANALYSIS
• Use Total Sq. Footage Parking Provided
•
For all permitted uses 40,000 sq.ft. 163 Spaces
The 163 parking spaces provided by the Church satisfies the Zoning Code
requirements for the permitted floor area, provided the uses are consistent with those
specified in Section 1 and provisions of these Regulations.
M
III. GENERAL NOTES
• 1. Zoning Code Applicability
Except as otherwise stated in these Regulations and subject to
consistency with the Development Agreement, the requirements of the
Newport Beach Zoning Ordinance shall apply.
2. Water Services
Water service to the Planned Community District will be provided by the
City of Newport Beach .
3. Flood Protection
Development of the subject property will be undertaken in accordance
with the flood protection policies of the City of Newport Beach.
4. Grading
Grading and erosion control measures will be carried out within the
Planned Community as required by the Newport Beach Building and
• Planning Departments.
5. Sewage Disposal
Sewage disposal service facilities for the Planned Community will be
provided by Orange County Sanitation District No. 5.
6. Mechanical Equipment Enclosures.-Noise Attenuation
Prior to issuance `of a Certificate of Occupancy for any new or modified
structure, all new mechanical appurtenances (i.e. utility vaults and
emergency power generators, etc.) shall be enclosed and shall comply
with provisions of the Newport Beach Municipal Code. Noise generated
by mechanical equipment shall be attenuated to 55 dBA at side property
lines adjacent to residential areas. The design of enclosure shall be
based upon the recommendations of a licensed engineer practicing in
acoustic, and be approved by the Building Department. All rooftop
equipment (other than vents, wind turbines, etc.) shall be architecturally
treated or screened from off -site views in a manner compatible with the
building materials prior to final building permit clearance for each new or
• remodeled building. Rooftop screening and enclosures shall be subject to
the requirements of the 26/35 Height Limitation Zone.
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8. Exterior Lighting
• All exterior lighting required or desired to be installed by church or City
shall be designed and maintained) in such a manner as to conceal light
sources and to minimize spillage and glare to the adjacent residential
properties.
9. Refuse Collection
Outdoor refuse collection areas shall be screened from adjacent
properties and streets.
10. Outdoor Paoing
Outdoor paging for the outdoor use of equipment designed to amplify the
human voice or music shall be permitted only pursuant to a Special Event
Permit.
11. Amplified Music
Amplified music played after 6:00 p.m. or before 8:00 a.m. shall be
confined within the interior of a building unless a Special Events Permit is
• obtained from the City.
12. Kitchen Facility Reguirements
At such time as church installs new food preparation equipment designed
and intended to serve more than employees or the occasional needs of a
small number of guests or worshippers, Church shall be subject to the
following requirements:
a. Kitchen exhaust fans are required and shall be designed to control
odors and smoke, unless otherwise approved by the Newport
Beach Building Department.
b. Washout areas shall be provided in such a way as to ensure direct
drainage into the sewer system and not into the bay or the storm
drains, unless otherwise approved by the Newport Beach Building
Department.
C. Grease interceptors shall be installed on all fixtures in any kitchen
area where grease my be introduced into the drainage systems in
• accordance with the provisions of the Uniform Plumbing Code,
unless otherwise approved by the Newport Beach Building
Department and Public Works Department. Grease interceptors
shall be located in such a way to be easily accessible for routine
• cleaning and inspection.
13. Carillon Bells
•
L J
Church shall have the right to sound Carillon Bells at the onset of church
services, during weddings, or during other special events.
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•
•
IV. PERMITTED STRUCTURES, USES AND ACTIVITIES
A. Project Activities /Land Uses
The following activities shall be permitted as a matter of right:
Regular Worship Services - Sunday morning, afternoon and evening services
Special Worship Services -
Educational Services -
Mid -week evening services
Saturday evening services
Sunrise services
Prayer vigil services
Weddings
Funerals
Baptisms
Youth services
Interfaith services
Pre - school
Summer camp
Vacation bible school
After school care
Marital counseling
Community Services - Soup luncheons
Parking lot usage (special event permit required)
Meeting rooms for non - profit use
Polling place for elections
Site for non - profit fund raisers (special event
permit required) walks, runs, dinners, auctions,
etc.
The following uses shall be permitted subject to approval of the Planning Director
after a determination that the parking provided is adequate to serve demand and that
the uses will not adversely impact other land uses in the area
Educational Services - 1st thru 6th grade
Adult Education
Youth Education
Certain activities that are permitted as a matter of right require City permits or
approvals including, without limitation, special event permits, amplified sound permits,
amplified sound permits, and temporary use permits.
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B. Structures Permitted
• The following structure shall be permitted subject to approve of the Site
Plan Review. Construction of new structures or the addition of more than fifteen
percent (15 %) of gross floor area to existing structure shall require approval of
the Planning Director pursuant to Site Plan Review.
• Sanctuary
• Parish Hall
• Chapel
• Administration
• Classrooms
• Day Care Facilities
• Pre - school
• Kindergarten
• Elementary school (grades 1 -6)
• Outdoor play yards
• Commercial food preparation
• Community meeting rooms
C. Accessory Structures /Uses Permitted
• Accessory structures /uses shall be limited to those activities, services and
facilities intended to serve the needs of the Newport Harbor Lutheran Church
(members, employees and guests) and the general public. The following
accessory uses and structures are permitted when customarily associated with a
permitted principal use on the same building site. Accessory structures /uses
shall include the following.
• Residential facilities for a single family, a member of which is employed by
the church
• Maintenance Facility
• Storage Facility (for play yard equipment) as specified in the Development
Agreement
• Portable buildings (classrooms, administrative offices) as specified in the
Development Agreement.
D. The following land uses and activities shall be permitted subject to
approval of the Planning Director
• Elementary School (Grades K through 6)
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• AA Educational Classes, substance abuse support groups, step program
• groups, or similar programs or activities
•
•
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V. NEWPORT HARBOR LUTHERAN CHURCH DEVELOPMENT
• STANDARDS
1. Building Height
Building Height shall be limited to the height of the existing Sanctuary.
Building Tower and Crosses shall be permitted to exceed the Building Height
limitation but shall be limited to a maximum height of 65 feet.
2. Setback Requirements
a. Front (Dover Drive frontage)
• Ten (10) feet from the new property line between the City parking
lot and the church parking lot.
• Surface Parking setback shall be a minimum of five (5) feet.
• Fences and walls shall not exceed six (6) feet in height within the
front yard setback and shall comply with the requirements of
Section 4 below.
• b. Side:
Twenty (20) feet from existing property line along Castaway Lane.
Landscaping, planters, walls, fencing, trellises, pergolas, parking
spaces and driveways shall be allowed within the setback area
subject to a 10 -foot height limit. Non - habitable architectural
features (e.g., trellis, awning, bay window) may encroach up to five
(5) feet into the required side yard set back.
C. Rear (Newport Harbor Lutheran Church Development)
Building setback from the rear property line shall be a minimum of
ten (10) feet from the new property line No solid fencing or walls
greater than three (3) feet in height shall be permitted within the
rear yard setback. Transparent windscreens may extend up to
eight (8) feet above grade.
3. Parking Standards
The provision of 163 parking spaces shall satisfy the provisions of these
• Regulations and the Newport Beach Zoning Code.
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All parking shall be provided on site; uses shall not generate parking needs
• beyond the proposed one hundred sixty three (163) spaces.
Valet and tandem valet parking shall be permitted. Operational characteristics of
any valet parking service and the location of parking areas used exclusively for valet
and /or tandem parked cars will be subject to the review and approval of the City
Development Services Manager.
The number and location of handicapped parking spaces shall be as provided on
Exhibit "C" to the Development Agreement. Handicapped parking spaces shall be
used solely for handicapped self - parking. One handicapped sign on a post and one
handicapped sign on the pavement shall be required for each handicapped space.
4. Landscaping. Walls and Fencing
Landscaping to include softscape and hardscape shall be provided in all areas
not devoted to structures, parking, driveways, and loading areas. All landscape plans,
where applicable, shall incorporate a combination of trees, shrubs, berms, fences and
planters.
A detailed landscape, irrigation, drainage, lighting, and signage plan shall be
prepared (by a landscape architect, licensed landscaping contractor) and provided by
• the City of Newport Beach as it relates to those areas included or affected by the
Development Agreement. Plans shall be approved by Planning and General Services
Departments and Church prior to issuance of building permits.
Landscaping provided by the City along Dover Drive shall be set back from the
property line in a manner that conforms with the sight distance standards of City (City
Standard Plan #110 -L).
5. Temporary Structures
Temporary structures may be installed in that portion of the main parking lot
northerly of the easterly prolongation of the north curb line of the emergency vehicle
access shown on Exhibit "C" and westerly of a line drawn between the west curb line of
the access to Church property from Castaways Lane and the west curb line of the
access drive to that portion of the main Church parking lot located adjacent to
Castaways Park.
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•
CJ
•
VI. SIGN REGULATIONS
The purpose of this section is to define and provide development standards for
all applicable signage located at the Newport Harbor Lutheran Church.
A. Definitions
The terms listed in this section shall apply to the sign program and have
meanings which follow:
Monument Sign: The term "Monument Sign" means any sign which is
supported by its own structure and is not part of or attached to any building and
which is intended to depict project entry or project arrival.
Sign: The term "Sign" means any
component parts which are used or
communicate information to the public.
media including their structure and
intended to be used out -of -doors to
Sign Face: The term "Sign Face" means the physical plan and /or surface upon
which the wording or images are applied.
Sign Letter: The term "Sign Letter" means the individual symbols used in
forming the words of a message.
Vehicle Entry Sign: "Vehicle Entry Sign" shall refer to a sign denoting
intersection points along Castaways Lane and which denotes access for
automobiles into the Newport Harbor Lutheran Church.
B. Permitted Signs
1. Project Identification
Signs are permitted in accordance with the Development Agreement and Exhibit
"C." In addition, Church may install two (2) vehicle entry signs on Castaways Lane at or
near the entry to the main Church parking lot. The location of the signs shall be
approved by the City Traffic Engineer to ensure adequate sight distance. The area of
each sign shall be as designated in the Development Agreement and /or Exhibit "C ".
2. Directional Signs
In additional to other signs permitted in this section, signs used to give direction
to vehicular or pedestrian traffic within the project are permitted. These directional
signs shall not contain advertising message and shall be subject to review and approval
of the City Development Services Manager.
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3. Temoorary Sions
• In addition to the signs permitted by the Development Agreement and these
Regulations, Church may install temporary signs, or banners in accordance with the
following schedule provided the signs or banners are attached to existing wall or
identification signs, do not exceed the size of those signs, and Church has obtained any
required permit from City:
Music class - 2 x per year for 21 days each period
Vacation Bible School - 1 x per year for 30 days
Pre - school - 2 x per year for 30 days
Kindergarten - 2 x per year for 30 days
Special Events - as approved by the City of Newport Beach
C. Sign Maintenance
Signs, together with all of their supports, braces, guys, and anchors, shall be
properly maintained with respect to appearance, structure and electrical features.
• D. Restricted Sign Types
E
Signs visible from surrounding land uses are subject to the following special
restrictions:
No rotating, flashing, blinking or signing with animation shall be permitted. No
signs shall be permitted which initiate or resemble official traffic signs or signals. No
wind or audible signs shall be permitted.
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VII. SITE PLAN REVIEW
• A. Purpose
The effect of this section is to establish a Site Plan Review procedure for the
Newport Harbor Lutheran Church to ensure that the project conforms to the objectives
of the General Plan and the Development Agreement. This Site Plan Review
Procedure shall not be utilized to prevent, or unreasonably restrict, the construction of
the entitlement granted pursuant to the Development Agreement.
B. Application
Site Plan Review Approval shall be obtained prior to the issuance of a Grading
Permit or a Building Permit for any new structure, or any modification to an existing
structure which proposes an increase of fifteen percent (15 %) or more in the gross floor
area of the structure.
C. Findings
The Site Plan Review procedures contained in this section promote the health,
safety and general welfare of the community by ensuring that:
• 1. Development of Newport Harbor Lutheran Church will be consistent with the
objectives, policies and provisions of the Development Agreement.
2. Adequate parking is provided for all structures, land uses and activities on
sight.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning
Commission for approval:
1. A Plot Plan, drawn to scale, showing the arrangement of buildings,
driveways, pedestrian ways, off - street parking, landscaped areas, signs,
fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off - street parking
areas, the location of each parking space, and areas for turning and
maneuvering vehicles. The Plot Plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
• proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
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3. Grading plans
• 4. Scale drawings of exterior lighting showing size, location, materials,
intensity and relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing
all elevations of the proposed buildings and structures as they will appear
upon completion.
6. Any other plans, diagrams, drawing or additional information necessary to
adequately consider the proposed buildings and structures as they will
appear upon completion and to determine compliance with the
Development Agreement and these: Regulations.
E. Fee
Site Plan Review fees are waived.
F. Standards
1. Grading and development shall take into consideration public parks and open
space in the vicinity of the Project.
The Site Plan Review procedures established for Newport Harbor Lutheran
Church shall be applied according to and in compliance with the following standards:
2. No structures shall be permitted in areas of potential geologic hazard
unless specific mitigation measures are adopted which will reduce
adverse impacts;
3. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, and other site features shall give proper consideration to
functional aspects of site development;
4. Development shall be consistent with specific Development Agreement
policies and objectives. shall not preclude the implementation of those
policies and objectives;
5. Development shall be physically compatible with the site, taking into
consideration to the extent feasible, site characteristics slopes, and
sensitive resources;
• G. Public Hearing Notification and Planning Commission and City Council
actions shall be pursuant to Chapter 20.01070. The Site Plan Review procedures
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established for Newport Harbor Lutheran Church shall be administered by the Planning
isDirector. All decisions of the Planning Director shall be final.
RHB:da
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C
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 97 -21 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd
day of June, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O Neil, Edwards, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Thomson, Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of June, 1997.
(Seal)
Newport California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -21 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: June 28, 1997.
In witness whereof, I have hereunto subscribed my name this 7th day of
July 1997.
City Clerk of the City of
Newport Beach, California