HomeMy WebLinkAbout2005-44 - St. Andrews GPA & Use PermitRESOLUTION NO. 2005 -44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT
NO. 2003 -001 AND USE PERMIT NO. 2002 -056 FOR THE SAINT
ANDREW'S PRESBYTERIAN CHURCH EXPANSION PROJECT
LOCATED AT 600 ST. ANDREWS ROAD (PA2002 -265).
WHEREAS, an application was filed by St. Andrew's Presbyterian Church for
property identified as 600 St. Andrews Road located at the southwesterly corner of the
intersection of 15th Street and St. Andrews Road. The application requests approval of a
General Plan Amendment to increase the maximum allowable gross floor area that can be
developed at the site. The application also includes a request to change the zoning district
of the site from R -1 and R -2 to GEIF (Government, Educational and Institutional
Facilities). Finally, the application includes a Use Permit to allow the demolition and
replacement of Church buildings and the construction of a new Youth and Family
Center with a gymnasium.
WHEREAS, on May 20, 2004, August 19, 2004, October 21, 2004, November
18, 2004 and December 9, 2004 and May 19, 2005, the Planning Commission held
public hearings at which time the overall project application, supplemental materials,
technical reports, architectural plans and final EIR were considered. Notice of time,
place and purpose of the public hearings was given in accordance with applicable laws
and testimony was presented to and considered by the Planning Commission at the
hearings.
WHEREAS, the Planning Commission voted (5 -2) to recommend approval of the
General Plan Amendment, Code Amendment and Use Permit to the City Council. Prior
to making the recommendation, the Planning Commission reviewed the Final EIR (State
Clearinghouse No. 2003081065), comments received on the EIR and Responses to
Comments, and unanimously (7 -0) recommended certification of the Final EIR as
compliant with the California Environmental Quality Act (Public Resources Code
§§ 21000 et seq.) .
WHEREAS, on August 11, 2005 at an adjourned regular meeting, the City
Council held a public hearing in the City Hall Council Chambers, 3300 Newport
Boulevard, Newport Beach, California. Adequate and timely notice of the time, place and
purpose of the aforesaid meeting was given. Evidence, both written and oral, was
presented to and considered by the City Council at this meeting. The hearing concluded
on August 12, 2005.
WHEREAS, as part of the development and implementation of the Newport
Beach General Plan, the Land Use Element has been prepared which sets forth
objectives, supporting policies and limitations for development in the City of Newport
Beach and designates the general distribution and general location and extent of the
uses of land and building intensities in a number of ways, including floor area
limitations.
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WHEREAS, the current gross floor area limit within the Land Use Element of the
General Plan for the project site is 100,428 gross square feet. This was an estimate of
the total gross floor area developed prior to 1987 on the St. Andrew's property. Prior to
1987, there was no floor area limit applicable to the St. Andrew's property nor was there
a specific floor area limit established with prior project approvals (Use Permit No. 822).
The Land Use Element included this floor area as a maximum intensity limit and no
additional floor area was projected for future additions. Floor area estimates that were
included in the update of the Land Use Element in 1988 were based upon available
information to the City at that time, which included building permits, building plans, air
photographs and field reconnaissance. With the adoption of the 1988 Land Use Element,
the City acknowledged that every care was taken in the preparation of the floor area
estimates given the limits of the source information and that there was a possibility for
errors. A licensed architect has evaluated the buildings on the St. Andrew's property and
represents the total gross floor area of the property to be 104,440 square feet. The City
has no evidence to suggest that the total area identified by the architect is incorrect.
Furthermore, the total gross floor area of the property has not changed from 1987 as no
permits for additions have been granted since that time. Therefore, the difference
between the 1987 estimate and the actual gross floor area (4,012 sq. ft.) is attributable to
an error in the 1987 estimate. Finally, increasing the 1987 estimate by this amount to
more accurately reflect the total gross floor area does not constitute an increase in
permitted entitlement.
WHEREAS, the General Plan provides for a sufficient diversity of land uses so
that schools, employment, recreation areas, public facilities, churches and
neighborhood shopping centers are in close proximity to each resident of the
community. The proposed General Plan Amendment does not impact the diversity of
land uses as it only requests an increase in gross floor area to be used for religious
assembly, incidental religious education and youth programs that presently occur at the
site. The application does not include the introduction of new uses inconsistent with the
Governmental, Educational and Institutional Facilities land use designation of the site.
WHEREAS, the City's General Plan dictates that the City insure redevelopment
of older or underutilized properties and preserve the value of property by allowing for
some modest growth, while maintaining acceptable levels of traffic service. The net
increase (15,000 gross square feet) in total development will not result in undesirable
levels of service of the circulation system based upon the traffic study prepared for the
project.
WHEREAS, the General Plan calls for the siting of new buildings and structures
to be controlled and regulated to ensure, to the extent practical, the preservation of
public views, the preservation of unique natural resources, and to minimize the
alteration of natural landforms along bluffs and cliffs. No public views exist through or
across the subject property and no natural landforms presently exist at the site.
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WHEREAS, the City's General Plan indicates that the City shall maintain suitable
and adequate development standards to ensure that the quality and character of
residential neighborhoods are maintained and that non - residential projects are
aesthetically pleasing and compatible with surrounding land uses. The City maintains
and implements development standards through the Zoning Ordinance and Zoning
Map. The proposed project includes the rezoning of the site from R -1 & R -2 to GEIF.
This change will eliminate residential development standards presently applicable to the
institutional uses and buildings that are developed and proposed for the site. Residential
development standards are not appropriate nor are they intended to be applicable to
institutional uses and the GEIF (Governmental, Educational and Institutional Facilities)
zone is intended to implement the General Plan land use designation applicable to the
site of Governmental, Educational and Institutional Facilities.
WHEREAS, the 15,000 gross square foot expansion of the religious institutional
buildings and use as proposed while operating under the proposed conditions it would
be operated and /or maintained will be consistent with the General Plan and the purpose
of the proposed district in which the site is located; will not be detrimental to the public
health, safety, peace, morals, comfort, or welfare of persons residing or working in or
adjacent to the neighborhood of such use; and will not be detrimental to the properties
or improvements in the vicinity or to the general welfare of the city for the following
reasons based upon the following parameters:
a) The project does not provide sufficient off- street parking at the project site in
accordance with the Municipal Code if the various buildings are used for
assembly or other functions concurrently. The applicant desires to have
concurrent occupancy of various buildings and rooms within the overall campus.
Limits on the overall site occupancy based upon parking availability are
absolutely necessary to find that the expanded facility is compatible with the
community.
b) St. Andrew's Church has offered overall campus occupancy limitations that
fluctuate during the week to promote neighborhood compatibility by reducing
traffic and parking demands while providing sufficient flexibility for continued use
and prosperity of the congregation. At times, these occupancy limits are less than
the available parking might otherwise allow using a 3 persons per parked vehicle
ratio based upon the parking standard for religious assembly uses within the
Municipal Code. The reduced occupancy standards will reduce the possible
intensity of activity during the evening hours to be more compatible with the
surrounding residential neighborhood.
c) Notwithstanding the occupancy limits and resulting reduced parking demand, the
project site can generate a need for parking that exceeds available off- street
supply as evidenced by on- street parking conflicts experienced in the area for
many years. Therefore, the project must provide a minimum of 600 off- street
parking spaces for its use of which a minimum of 250 spaces and no more than
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400 spaces will be on site. Except as otherwise set forth in the conditions of
approval for the proposed project, the balance of the parking spaces must be
located within the 15 h Street parking lot at Newport Harbor High School.
d) The additional entitlement of 15,000 square feet of gross floor area would not be
recommended for approval without the provision of parking as described in this
resolution and as required pursuant to the conditions of approval.
e) The application filed by the Applicant provides for 400 onsite parking spaces,
some of which are subterranean. The final EIR evaluated the grading for the
project and concluded the project does not create a significant environmental
impact with respect to air quality.
f) If the Church intends to rely on more than the existing 252 parking spaces at the
15th Street lot at Newport Harbor High School, such a parking arrangement for
such additional spaces in excess of the existing 252 must be accomplished by a
written parking agreement with the Newport Mesa School District for a term of no
less than 30 years.
g) The project as conditioned will provide better parking management and
monitoring provisions, which should increase the efficient use of off - street
parking facilities, reduce on- street parking demands, re- direct traffic generated by
the Church away from sensitive residential streets and reduce parking conflicts
created by traffic and parked vehicles from both the Church and Newport Harbor
High School. These factors are considered beneficial and will help preserve and
enhance the single family residential area abutting the project site and would not
otherwise be realized without project approval.
h) The existing use of the site as authorized and regulated by Use Permit No. 822
generates neighborhood compatibility issues due to the intensity of use of the
site. Specifically, noise, traffic and parking on streets in the residential area
impact area residents negatively from time to time. Conditions of approval for
Use Permit No. 822 are not adequate to ensure neighborhood compatibility at all
times. Although the proposed project is larger in area and may lead to increased
use of the site that will affect the neighborhood, the project as conditioned will be
a benefit to the community and improve the compatibility of the project due to the
imposition of the proposed conditions that are superior to those of Use Permit
No. 822. Operational limitations coupled with enhanced reporting /monitoring
provisions, increased parking supply on the Church site and physical changes to
the site (including the gymnasium to enclose outdoor activities, lighting subject to
current regulations and the Clay Street wall to discourage street parking and
improve sound attenuation) will mitigate existing conditions and the impact of
future activities.
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WHEREAS, a Traffic Study was prepared by Kimley Horn and Associates under
the direction and supervision of the City Transportation /Development Services Manager
(City Traffic Engineer) in accordance with the requirements of the Traffic Phasing
Ordinance (TPO). The study found that the originally proposed project consisting of
approximately 36,000 gross square feet (net increase) would not cause the Level of
Service of the study intersections to deteriorate below a Level of Service D. The
reduction of the proposed project to no more than 15,000 gross square feet (net
increase) generates fewer trips and since the project average daily trip increase
attributable to the smaller project is below 300, the project is exempt from the TPO.
WHEREAS, charter Section 423 and Council Policy A -18 requires all proposed
General Plan Amendments to be reviewed to determine if the square footage, peak
hour vehicle trip or dwelling unit thresholds have been exceeded and if a vote by the
public is required. Voter approval of the project is not required as the project represents
a projected increase of 11 — A.M. and 10— P.M. peak hour trips, 15,000 gross square
feet of non - residential floor area and zero residential units. These increases do not
cumulatively exceed Charter Section 423 thresholds for a vote as there are no previous
amendments approved for Statistical Area H -3. The project will be tracked as a prior
amendment per Charter Section 423 and Council Policy A -18.
WHEREAS, the Final Environmental Impact Report (State Clearinghouse No.
2003081065) certified by City Council Resolution No. 2005 -43 identifies potential
significant impacts to the environment and certain mitigation measures designed to
avoid such impacts or reduce them to a less than significant level.
NOW, THEREFORE, BE IT RESOLVED
Based on the aforementioned findings, the City Council hereby approves General Plan
Amendment No. 2003 -001 as in Exhibit "A ".
NOW, THEREFORE, BE IT FURTHER RESOLVED
Based on the aforementioned findings, the City Council hereby approves Use Permit
No. 2002 -056 subject to Conditions of Approval set forth in Exhibit "B" and subject to
adoption and effectiveness of Ordinance No. 2005 -16 approving Code Amendment No.
2003 -002.
This resolution shall become effective thirty (30) days after the date of its adoption.
Passed and adopted by the City Council of Newport Beach at an adjourned regular
meeting held on the 11th and 12th day of August, 2005 by the following vote to wit:
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AYES, COUNCIL MEMBERS Selich, Ridgeway, Daigle, Nichols, Mayor Heffernan
NOES, COUNCIL MEMBERS Rosanky, Webb
ABSENT, COUNCIL MEMBERS
ATTEST:
CITY CLERK
YOR
City Council Resolution No. 2005 -044
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Exhibit "A"
The following changes shall be added to the Land Use Element and all other provisions
of the Land Use Element of the General Plan shall remain unchanged:
"Cliff Haven Area (Statistical Area 1-13)
3. Church Site at 15th Street and St. Andrew's Road. . This site
is designated for Governmental, Educational and Institutional Facilities. The site is
allocated 119.440 gross square feet^^^, ^,� �4-sq-.#-."
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Exhibit "B"
Conditions of Approval
Use Permit No. 2002 -056
Operational Conditions
1. The hours of operation for the entire Church campus shall be between the hours of
7AM to 10PM daily except that the Youth and Family Center (Building E) may be
open till 11 PM Friday and Saturday. With a few exceptions for holiday programs and
special events, program events of more than 400 persons shall not start later than
8PM and shall be scheduled to end at least 30 minutes prior to the normal end of
operation hours. Administrative meetings, prayer groups and custodial activities may
occasionally occur before or after these hours and shall be limited to not more than
40 persons in the aggregate at any one time.
2. Concurrent occupancy of the Church property shall not exceed, at any one time, the
number of parking spaces available for use by the Church on the site plus the
number of parking spaces in the 15th Street parking lot at Newport Harbor High
School to which the Church has a right of use times 3. For example, if the Church
has 285 parking spaces on the site, and is allowed by the School District to use 100
spaces in the 15�h Street parking lot at Newport Harbor High School, the maximum
concurrent occupancy of the site would be limited to 385 x 3, or 1155 people.
Notwithstanding the general occupancy restriction described in the preceding
paragraph, the following additional restrictions shall apply:
a. Evening maximum concurrent occupancy: two evenings per week at 400 people;
three evenings per week at 600 people; and two evenings per week at 1,200
people. The Church shall, on a quarterly basis, file with the Planning Director a
written notice as to which evenings of each week of such quarter will be subject
to which occupancy limitations described herein.
b. Daytime maximum concurrent occupancy: Sundays at 1,800 people; all days
during which Newport Harbor High School is not in session (other than Sundays)
and anytime after school hours, 1,200 people; during school hours, concurrent
occupancy shall conform to the formula set forth above.
c. The occupancy restrictions shall not apply to memorial services. However,
weekday memorial services with expected attendance over 250 shall not be
scheduled before 1 PM when parking at the ratio described above is not available
on the Church site, or at the 15`h Street parking lot at NHHS.
Evenings are defined as the time after 6PM any given day
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Notwithstanding these occupancy limitations, concurrent site occupancy within
various buildings may exceed the established limits on no more than 8 holidays and
special days of worship per year.
3. The applicant shall provide on -site a number of parking spaces equal to 600 spaces,
less the number of parking spaces to which the Church is allowed by the School
District to use in the 15th Street parking facility at Newport Harbor High School, but
not more than 400 spaces, nor less than 250 s�aces. If the applicant desires to use
more than the existing 252 spaces in the 15t Street lot at Newport Harbor High
School, the applicant shall enter into an off -site parking agreement guaranteeing the
additional parking spaces in the 15th Street parking lot at Newport Harbor High
School for the project site for a minimum duration of 30 years. The form and content
of such an agreement shall be subject to the review and approval of the City
Attorney and the Planning Commission. Furthermore, either the 15th Street parking
lot at Newport Harbor High School or the on -site parking lot shall be available for use
by the Church at all times during construction. Occupancy of the project site during
construction shall be limited to the number of on -site and off -site parking spaces that
the Church has the right of use (as described in the approved Traffic Management
Plan for construction), times 3 people.
4. In the event that the Church should lose the right to use parking within the 15th
Street parking lot at Newport Harbor High School, the Church shall immediately
modify its activities and occupancy to reduce occupancy to that commensurate with
available off - street parking "(i.e. number of spaces times 3) and may file for an
amendment to this use permit to provide alternate, adequate and comparably
convenient off - street parking at a separate location.
5. No private school from above kindergarten shall be operated on -site without an
amendment to the Use Permit. The maximum concurrent occupancy of the
preschool and kindergarten shall be 240 children.
6. Coach bus pick -up and drop -off shall occur at curbside on 15th Street at the
perimeter of the Church property. School bus pick -up and drop -off shall occur within
the parking lot at one of the designated drop off points.
7. The storage of Church busses shall be offsite at a location that will not interfere with
available on -site or off -site Church parking. No such storage shall result in the bus or
other Church vehicles used for the transportation of 10 or more people being in
public view on the Church site.
8. The on -site parking facilities shall not be used for activities other than parking and
loading /unloading. Notwithstanding this limitation, use of the on -site parking facility
on a day to day basis as a children's play area in conjunction with the preschool,
kindergarten is permitted to the extent that the parking spaces are not otherwise
needed. Subject to the occupancy limitation described in these conditions, use of the
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parking facility for other events is allowed and is limited to three (3) afternoons per
calendar year and five 5 mornings per calendar year when school is not in session at
Newport Harbor High School. Use of the on -site parking facility for any use other
than parking shall be properly supervised and must not create any hazardous
conditions. No amplified sound shall be allowed at events held in the parking facility.
Uses and attendance of the on -site parking facility shall be reported to the City in
accordance required monitoring provisions of this Use Permit.
9. A minimum of 40 minutes shall be maintained between worship services, or special
events that are expected to have more than 800 participants.
10.The additional total gross floor area (exclusive of the parking structure) that may be
developed on the project site shall not exceed 15,000 square feet. Plans of the final
design shall be subject to the review and approval by the Planning Director for
consistency with the intention of the final action of the City Council.
11. Use of the gymnasium shall be limited to Church sponsored events. Church
sponsored events are defined as events whose primary focus is an activity for the
members of the Church. It does not include youth or adult recreational events which
are open to members of the general public, such as basketball or volleyball
tournaments or leagues or similar types of events. Use of the gymnasium as a
venue concurrent with other assembly spaces within the entire campus shall be
subject to the overall site occupancy limitations.
12.Youth events shall be properly supervised to discourage youth from loitering or
making excessive noise on the site. The Church shall encourage the use of the
below grade lobby circulation area of Building E for access to below grade parking
areas for entering and exiting the Youth and Family Center for all youth events.
Youth events shall be given priority parking in the lower level of the parking facility.
13. Limited indoor overnight use of the Family and Youth Center identified on the plans
as Building E is permitted for Church youth programs. The number of events shall
not exceed 12 per calendar year. The Church shall notify, 24 hours in advance of
such overnight events, any resident residing within 300 feet of the project site who
has specifically requested such notification. The notice shall include the supervisor's
name and the phone number where the supervisor can be reached during the event
to report noise or conduct issues. No event shall exceed one (1) night in duration,
and no group shall exceed 200 people in the aggregate.
14. Weekday parking during business hours in the lower level parking facility will be
assigned to staff and to NHHS students (by permit) to the extent available, except
during worship services or special events.
15. During worship services, or special events with over 800 persons in attendance, the
Church shall direct event participants (such as choir members and other staff as
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opposed to typical congregants) to park within the NHHS 15th Street parking lot to
the extent they are allowed to do so by the Newport Mesa School District.
Additionally, other attendees shall be directed to this lot as provided for in the
approved Traffic Management Plan for the expansion project as required in other
conditions of approval. Ministers, special guest speakers or disabled participants are
exempt from this condition.
16.A 6 -foot high screen wall shall be constructed along Clay Street and shall be made
of decorative concrete block and shall wrap around both 15th Street and St. Andrews
Road per the revised plan dated October 21, 2004. No portion of the wall shall
encroach within the public right of way. Landscaping and a permanent irrigation
system shall be installed between the wall and the sidewalk. The width of this
planting area shall be a minimum of 4 feet wide. The planting area shall provide
adequate area for trees and plantings to screen or soften the wall in an aesthetically
pleasing manner. The design of the wall and the landscaping between the wall and
the sidewalk shall be subject to the review and approval by the Planning
Commission prior to the issuance of a building permit. Should any portion of the
landscape planting area be within the public right of way, the applicant shall be
responsible for maintenance of all improvements in such planting area.
17.The applicant shall implement all measures contained within the Traffic Management
Plan (TMP) for Construction and the Traffic Management Plan for the St. Andrew's
Expansion Project both prepared by Linscott Law & Greenspan and dated
November 24, 2004. These TMPs shall be subject to further review and revision by
the City Traffic Engineer prior to the issuance of a building permit. Thereafter,
modifications of the TMPs may be authorized from time to time by the City Traffic
Engineer and Planning Director provided that they are limited to eliminating
unnecessary aspects of the TMPs or implementing new or altered traffic or parking
management techniques that improve traffic and parking management. Should any
conflicts between the TMPs and these conditions of approval, the conditions of
approval shall take precedence.
18.The project shall provide emergency access to and from Clay Street as required by
the Building Code and the Fire Marshal. Each of these access points, including the
driveway from Clay Street to the on -site parking lot, shall be gated and shall be
available for emergency access only. Each access point shall not be designed or
otherwise used for non - emergency vehicular or pedestrian ingress /egress to the site.
The Building Department and Fire Department shall review and approve the access
points and gates prior to the approval of a building permit for the project.
19. The St. Andrews Road driveway accessing the parking lot shall be a left in and right
out only and be closed (except for emergency exit/entrance) after 5:OOPM. The
applicant shall make necessary changes to the configuration of the driveway on the
site plan to discourage other turning movements. The applicant shall install proper
regulatory signs accordingly. The design of the driveway and the location and
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content of signs shall be subject to the review and approval of the City Traffic
Engineer.
20.The Church shall monitor daily occupancy of the entire Church campus and shall file
a written report of the occupancy with the Planning Director on a quarterly basis. The
content of the monitoring reports shall be specified by the Planning Director and
shall be sufficiently detailed to document compliance with the maximum concurrent
occupancy limits for the various daily time periods established in these conditions.
The Director can, at any time, increase the reporting requirements beyond those
initially established as needed to document compliance.
21.Corridors, vestibules, foyers and storage areas as shown on the floor plans for
Building E shall not be used as meeting space /area and shall not have seating.
Conditions
Planning Department
1. The development shall be in substantial conformance with the plans stamped
"Revised" and marked 'Received on October 21, 2004" except as modified by other
conditions.
2. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
3. Project approvals shall expire unless exercised within 36 months from the effective
date of approval as specified in Section 20.91.050A of the Newport Beach Municipal
Code. Reasonable extensions may be granted by the Planning Director in
accordance with applicable regulations.
4. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by property
owner.
5. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the use or one or more of the conditions set
forth herein is not being complied with, or the manner in which the project is being
operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
6. The applicant shall submit a landscape and irrigation plan prepared by a licensed
landscape architect or licensed architect for on -site and adjacent off -site planting
areas. These plans shall incorporate drought tolerant plantings and water efficient
irrigation practices. Except for that portion of the landscape plan that is subject to the
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approval of the Planning Commission, the landscape plans shall be approved by the
Planning Director prior to the issuance of a building permit. All planting areas shall
be provided with a permanent underground automatic sprinkler irrigation system of a
design suitable for the type and arrangement of the plant materials selected.
Planting areas adjacent to vehicular activity shall be protected by a continuous
concrete curb or similar permanent barrier. Landscaping shall be located so as not
to impede vehicular sight distance to the satisfaction of the Traffic Engineer.
7. All landscape materials and landscaped areas shall be maintained in accordance
with the approved landscape plan. All landscaped areas shall be maintained in a
healthy and growing condition and shall receive regular pruning, fertilizing, mowing
and trimming. All landscaped areas shall be kept free of weeds and debris. All
irrigation systems shall be kept operable, including adjustments, replacements,
repairs, and cleaning as part of regular maintenance.
8. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter
10.26 of the Newport Beach Municipal Code, Community Noise Control.
9. The applicant shall be responsible for the payment of all applicable City plan check
and inspection fees.
10. Exterior on -site lighting shall be shielded and confined within site boundaries. No
direct rays or glare are permitted to shine onto public streets or adjacent sites or
create a public nuisance. "Walpak" type fixtures are not permitted. All exterior
lighting fixtures shall have zero cut -off fixtures and light standards for the parking lot
shall not exceed 20 feet in height. Light standards for exterior walkways shall not
exceed 10 feet in height. Other exterior light sources shall be no higher than 4 feet.
This condition shall not apply to the lighting of the existing cross.
11. The applicant shall prepare a photometric study in conjunction with a final lighting
plan for approval by the Planning Director prior to the issuance of a building permit.
The building and grounds shall not be excessively illuminated based on the
luminance recommendations of the Illuminating Engineering Society of North
America, or, based on the opinion of the Planning Director, the illumination creates
an unacceptable negative impact on surrounding land uses or environmental
resources. The Planning Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
12.All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach
Municipal Code. Vacuum /sweeping trucks shall be prohibited in the on -site parking
facility between the hours of 10PM and 6AM.
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13.The construction and equipment staging area shall be located in the least visually
prominent area on the site and shall be properly maintained and /or screened to
minimize potential unsightly conditions.
14.A six -foot high screen and security fence shall be placed around the parking lot at the
property line during construction.
15. Construction equipment and materials shall be properly stored on the site when not in
use.
16. The project shall comply with SCAQMD Rule 403, which requires that, "... every
reasonable precaution (is taken) to minimize fugitive dust emissions ..." from grading
operations to control particulate emissions, shall be implemented during the grading
and construction phase.
17. The project shall comply with SCAQMD Rules 431.1 and 431.2, which require the use
of low sulfur fuel for stationary construction equipment.
18. The project shall comply with Title 24 energy - efficient design regulations as well as the
provision of window glazing, wall insulation, and efficient ventilation methods in
accordance with Uniform Building Code requirements.
19. During demolition and excavation, daily total haul trucks shall travel no more than a
cumulative 2005 miles per day hauling materials from the site to and from the dumping
site.
20. Prior to commencement of demolition and grading the project applicant shall submit to
the City maps and /or calculations showing the proposed travel route for haul trucks, the
distance traveled, and how many daily truck trips that can be accommodated while
keeping the cumulative miles traveled to below 2005 miles each day. The daily haul
truck trips shall not exceed 2005 miles during demolition and excavation activities.
21. The applicant shall submit written evidence to the satisfaction of the Director of
Planning that a certified paleontologist and archaeologist have been retained to
observe grading activities and salvage and catalogue fossils and artifacts as
necessary. The paleontologist and archaeologist shall be present at the pre -grade
conference, shall establish procedures for paleontological and archaeological resource
surveillance and shall establish, in cooperation with the City, procedures for temporarily
halting or redirecting work to permit sampling, identification and evaluation of the
findings. If archaeological and /or paleontological resources are discovered, which
require long -term halting or redirecting of grading, the archaeologist/paleontologist shall
report such findings to the applicant and City. The archaeologist/paleontologist shall
determine appropriate actions, in cooperation with the applicant, which ensure proper
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exploration and /or salvage. Excavated finds shall be offered to the City, or its designee,
on a first- refusal basis. The applicant may retain said finds if written assurance is
provided that they will be properly preserved in Orange County, unless said finds are of
special significance, or a museum in Orange County indicates a desire to study and /or
display them at the time, in which case items shall be donated to the City, or designee.
22.A site - specific foundation subsurface investigation for planned structures shall be
prepared by the applicant and submitted to the City for review and approval prior to
issuance of the grading permit to verify subsidence and liquefaction potential. The
foundation subsurface investigation shall identify specific measures to ensure that
proposed structures are designed to withstand the potential secondary seismic effects.
23. All construction shall conform to the 1997 edition of the Standard Specifications for
Public Works Construction except as specifically amended by the Contract Documents.
All work shall be done in accordance with: (1) the Special Provisions; (2) the Plans for
this project; (3) the latest 1997 American Public Works Association Standard Plans as
amended; (4) the Newport Beach Standard Drawings; and (5) the most current locally
adopted version of the California Building Code.
24. The removal of asbestos containing materials shall be performed in accordance with
methods specified in 8 CCR 1529, SCAQMD Rule 1403.
25. Friable asbestos containing materials (e.g., pipe insulation material, spray - applied
ceiling texture material, etc.) removal shall be conducted in strict accordance with
Class I asbestos work requirements set for in Cal -OSHA regulations.
26. Non - friable asbestos containing materials (e.g., floor tile and mastic, window putty,
roofing materials, joint compound, linoleum, etc.) removal shall be conducted in strict
accordance with Class II asbestos work requirements as set forth in Cal -OSHA
regulations.
27. Any demolition refuse that contains contaminated materials (e.g., asbestos - containing
materials) shall be transported in an appropriate manner to a landfill that is certified to
receive such waste.
28.A Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to
comply with the General Permit for Construction Activities shall be prepared, submitted
to the State Water Quality Control Board for approval and made part of the
construction program. The project applicant shall provide the City with a copy of the
NOI and their application check as proof of filing with the State Water Quality Control
Board. This plan shall detail measures and practices that will be in effect during
construction to minimize the project's impact on water quality.
City Council Resolution No. 2005 -044
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29. All development proposed for St. Andrew's Presbyterian Church shall be reviewed for
consistency with applicable provisions of the Building Code, Noise Ordinance and
other applicable codes and ordinances prior to issuance of building permits.
30. The applicant shall post signs, prior to demolition work, along 15th Street and cross
streets in the vicinity of the property that provide adequate warning to motorists,
construction workers and heavy truck drivers, and bicyclists warning each of the
potential increased hazards. Upon completion of the construction, the signs shall be
removed.
31. The applicant shall submit a Construction Traffic Control Plan (including a bike lane
detour plan if determined necessary by the City's Traffic Engineer), which shall be
prepared by a registered traffic engineer. The Construction Traffic Control Plan shall
also identify the need for flagmen to direct traffic, if determined necessary. This plan
shall be approved by the City's Traffic Engineer prior to issuance of the demolition
permit.
32. Construction activities shall comply with Section 10.28.040 of the Newport Municipal
Code, which restricts hours of noise - generating construction activities that produce
noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and
8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not
allowed on Sundays or Holidays.
33. A noise study shall be prepared and submitted to the City for review prior to issuance
of building permits. This noise study shall estimate noise levels generated by the
proposed mechanical equipment at the closest residence. Compliance with the Noise
Ordinance limits shall be demonstrated, including the provision of any measures
determined necessary to meet the limits specified. The mechanical equipment shall not
generate an A- weighted average (Leq) noise level of greater than 55 dBA during the
daytime (7:00 a.m. to 10:00 p.m.) and 50 dBA during the nighttime (10:00 p.m. to 7:00
a.m.). If the nighttime noise limit cannot be achieved a timer can be used to limit the
operation of the system to the daytime hours. The study shall be prepared by a
qualified acoustical engineer and submitted to the City of Newport Beach for approval
prior to the issuance of building permits. This will ensure that the mechanical
equipment constructed with the project does not result in a significant noise impact.
34. The final proposed site plan shall be subject to review and approval by the Newport
Beach Police Department prior to the issuance of a building permit.
35. The structures shall be constructed so that the subterranean parking lot can be closed
off to vehicular and pedestrian traffic when not in use (i.e., automatic or manual gate).
36. The subterranean parking structure shall be well lit during the day and night. In addition
to the subterranean lot, the ground level parking shall be lit at night to allow individuals
the ability to identify someone from 100 feet away. The final photometric plan shall be
City Council Resolution No. 2005 -044
Page 17 of 23
subject to the review by the Newport Beach Police Department to verify compliance
prior to the issuance of a building permit.
37. Convex mirrors shall be used to eliminate hiding places within the subterranean
parking structure. The number and location of such mirrors shall be subject to the
review and approval of the City Traffic Engineer and Newport Beach Police
Department.
38. If Newport Harbor High School students are given a permit or are allowed to park in at
the St. Andrews site during school, the Church shall establish on -site student parking
regulations and may revoke a student permit at will
39. Prior to issuance of the demolition permit, the Church or contractor shall submit a
Construction Traffic Control Plan (including a bike lane detour plan), to be prepared by
a registered traffic engineer and submitted to the City of Newport Beach for approval.
Approval shall be required prior to issuance of the authorization to proceed. All traffic
control work for construction shall conform to the requirements as stipulated by the City
of Newport Beach, including lane reductions, use of flagmen, etc.
40. Heavy construction vehicles, including trucks hauling construction equipment, dirt,
debris and other materials, shall be limited to non -peak hours during the construction
phase when those activities occur during the school year.
41. The design of the parking facilities, including the parking structure, shall incorporate
features to facilitate the movement of vehicles and pedestrians, and to encourage full
use of the on -site parking spaces Such design features would include: (1) the
installation of adequate lighting and light- colored paint in all parking aisles corridors,
elevators and stairwells; (2) convenient access to stairs and elevators from all areas of
the structure; and clear signage to direct drivers and pedestrians to their desired
destinations.
42.Once a successful circulation and parking procedure is developed, it shall be
communicated regularly to the Church membership through Church bulletins and the
Church website. The applicant shall make an announcement during of Sunday
services no less than once per month requesting that congregants not park on the
residential streets surrounding the Church and that they park in available off - street
locations.
43. Consideration shall be given to adding services at alternative times, such as Sunday
afternoon, to disperse parking demands.
44. All Church staff shall park on -site during the weekdays, and not use the street parking,
thereby not adding to the on- street parking demand on school days.
City Council Resolution No. 2005 -044
Page 18 of 23
45. St. Andrew's Presbyterian Church shall issue 85 parking permits to Newport Harbor
High School to reduce the need for neighborhood street parking by students and staff
on school days.
Police Department
46. Directional signage shall be provided throughout the parking structure.
a) Signs shall indicate stairwell and elevator locations, and exit paths for both
vehicle and pedestrian traffic.
b) Signage shall be a minimum of 12 inches in height with a contrasting
background.
c) All signs shall be displayed no less than 60 inches from the parking surface and
be highly visible from within any portion of the structure.
47. All enclosed stairwells accessing the parking structure shall have the following
design features:
a) Shatter resistant mirrors or other equally reflective material shall be placed at
each level and landing to provide visibility around corners.
b) Open areas below the stairwells shall be fully enclosed, therefore restricting
access to these locations.
c) Stairwells shall be illuminated at all times with a minimum maintained two foot -
candles of light on the landings and stair treads.
48-All exterior doors leading to stairwell access throughout the facility including the
subterranean parking structure shall have window glazing panels with a minimum
five -inch width and 20 -inch height and shall meet the requirements of the Uniform
Building Code. This requirement shall also apply to the doors from the underground
parking area to the elevator lobby.
49. Elevators located within the parking structure shall be designed with the following
features:
a) The elevators shall remain illuminated at all times with a minimum maintained
two foot - candles of light at floor level.
b) All emergency stop buttons shall be installed and connected to an alarm that
would activate when the button is pressed.
c) All elevator interiors shall have shatter resistant mirrors or other equally reflective
material making visible the entire elevator cab prior to an individual entering.
City Council Resolution No. 2005 -044
Page 19 of 23
Building Department
50. Prior to the issuance of a certificate of occupancy permit, all improvements shall be
constructed in a manner consistent with these conditions and meeting the approval
of the Building Department.
51. The proposed project shall conform to the requirements of the California Building
Code including any local amendments and State Disabled Access requirements,
unless otherwise approved by the Building Department.
Fire
52. Each individual building, including the parking garage, shall be protected with an
automatic fire suppression sprinkler and alarm system subject to the review and
approval of the Newport Beach Fire Department The sprinkler system shall be
monitored by a UL certified alarm service company if required by the Fire
Department.
53. Approved address numbers shall be placed on all new and existing buildings in such a
position that is plainly visible and legible from the street or road fronting the property.
Said numbers shall be of made of non - combustible materials, shall contrast with their
background, and shall be either internally or externally illuminated to be visible at night.
Number shall be no less than six inches in height with a one -inch stroke.
54. The project shall include all requirements identified in "Modification Request Case No.
2003 -135.
Public Works Department
55.All improvements within the public right of way shall be constructed as required by
Ordinance and the Public Works Department.
56. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment
and flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements. The applicant shall
prepare a construction phasing plan and construction delivery plan that includes
routing of large vehicles prior to the issuance of building permits for new
construction. Large construction vehicles shall not be permitted to travel narrow
streets and alleys as determined by the Public Works Department.
57.Arrangements shall be made with the Public Works Department in order to
guarantee satisfactory completion of the public improvements, if it is desired to
obtain a building permit prior to completion of the public improvements.
58. Utility connections for new buildings and the parking garage shall be underground to
City Council Resolution No. 2005 -044
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the nearest appropriate pole.
59. Each building shall be served by an individual water and sewer connection. The
water meter and sewer clean out, if located within a proposed driveway or parking
area, shall have a traffic -grade box and cover.
60. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal
Code or other applicable section or chapter, street trees shall be required and shall
be subject to the review and approval of the General Services and Public Works
Departments.
61. Fair Share traffic mitigation fees shall be paid to the City prior to the issuance of any
building or grading permit for construction of the project.
62. The on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to further review and approval by the Traffic Engineer prior to the issuance of
a building permit. A minimum of 250 parking spaces shall be provided on -site.
Numerous dead end areas within the parking lot hinder circulation and shall be
eliminated or provided with designated turnaround areas to the satisfaction of the
Traffic Engineer.
63.AII parking areas shall conform to City Standard 805 -L -A. The plans shall be revised
to conform and shall be subject to final approval of the Traffic Engineer prior to the
issuance of a building or grading permit for new construction.
64. Widen sidewalks and planters to act as wheel stops as directed by the Traffic
Engineer. The maximum allowable overhang is 2.5 feet.
65. Disabled parking shall be redistributed such that Buildings C, D & E each have
disabled parking located in close proximity to entrances.
66.The project shall conform to sight distance standard 110 -L contained within the
Newport Beach Design Criteria, Standard Special Provisions & Standard Drawings
for Public Works Construction. Final designs shall be reviewed and approved by the
City Traffic Engineer.
67.AII landscape planter noses within the parking lot shall be reduced in length by 2 feet
as directed by the Traffic Engineer.
68.The final plans shall provide information detailing the closure of the Clay Street
driveway for normal vehicular traffic. The information shall specify all devices and
treatment of parking isles adjacent to the driveway.
69.The existing patio area and stairs within the St. Andrews Road right of way shall be
eliminated or the applicant shall apply for an Encroachment Permit and receive
approval to maintain these structures.
City Council Resolution No. 2005 -044
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70.The two existing driveways cuts (St. Andrews Road & 15 I Street) as shown on the
plans do not align with on -site driveways. On -site driveways shall align with the top
of the "driveway x." The plans shall be revised to conform and shall be subject to
final approval of the Traffic Engineer prior to the issuance of a building or grading
permit for new construction.
71.A drainage plan shall be submitted and approved prior to the issuance of a Building
Permit showing the method for control and disposal of all waters flowing into, across
and from the building site and statement setting forth the method by which facilities
shall be maintained.
72.Street, drainage and utility improvements shall be shown of standard improvement
plans prepared by a licensed civil engineer and approved by the City Engineer. All
non - standard improvements shall be shown on standard improvement plans
prepared by a licensed civil engineer and shall be separately reviewed by the Public
Works Department pursuant to applicable standards and procedures.
73.The on -site storm drain system shall be privately maintained. Fossil filters or
equivalent measures shall be included as part of the design of catch basins and curb
inlets. An on -site clarifier shall be provided.
74. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study
(include off -site areas affecting the development) shall be prepared by a qualified
engineer and approved by the Building Department. The report shall include a
drainage plan and detailed drainage studies indicating how the grading, in
conjunction with the drainage conveyance systems including applicable swales,
channels, street flows, catch basins, storm drains, and flood water retarding, will
allow building pads to be safe from inundation from rainfall runoff which may be
expected from all storms up to and including the theoretical 100 -year flood. Any
modifications or extensions to the existing storm drain, water and sewer systems
shown to be required by the study shall be the responsibility of the developer.
75. Prior to issuance of a grading permit, the applicant shall submit an erosion /siltation
control plan to the Building Department for review and approval. The plan shall
incorporate storm water pollutant control.
76. Prior to initiation of any earthwork activities or issuances of any grading permit, the
applicant shall submit a Storm Water Pollution Prevention Plan to the City for review
and approval (Building & Public Works Department). The Storm Water Pollution
Prevention Plan shall be maintained on -site throughout the construction phase and
shall be made available to the public for review, upon request.
77, Prior to the issuance of a grading permit, the applicant shall obtain a NPDES
(National Pollution Discharge Elimination System) permit. The applicant shall
incorporate storm water pollutant control into erosion control plans using Best
City Council Resolution No. 2005 -044
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Management Practices to the maximum extent possible. Evidence that proper
clearances have been obtained through the State Water Resources Control Board
(SWRCB) shall be given to the Building Department prior to issuance of a grading
permits.
78. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality
Management Plan (WQMP) specifically identifying the Best Management Practices
(BMP's) that will be used on site to control predictable pollutant runoff. The plan shall
identify the types of structural and non - structural measures to be used. The plan
shall comply with the Orange County Drainage Area Management Plan (DAMP).
Particular attention should be addressed to the appendix section "Best Management
Practices for New Development." The WQMP shall clearly show the locations of
structural BMP's, and assignment of long term maintenance responsibilities (which
shall also be included in the Maintenance Agreement). The plan shall be prepared to
the format shown in "Attachment C" of the DAMP title "Water Quality Management
Plan Outline" and be subject to the approval of the Building Department.
79. Prior to the issuance of a grading permit, the following improvements shall be
designed in a manner meeting the approval of the Building Department:
a) All provisions for surface drainage.
b) All necessary storm drain facilities extending to a satisfactory point of disposal for
the proper control and disposal of storm runoff.
c) Where determined necessary by the Building Department, associated public
street and utility easements shall be dedicated to the City of Newport Beach.
80.Applicant shall ensure that all construction contractor and subcontractor personnel
are made aware of the required best management practices and good housekeeping
measures for the project site and any associated construction lay -down areas.
81. During the construction phase the project applicant shall exercise special care to
prevent any offsite siltation. Project applicant shall properly maintain all temporary
erosion and sediment control measures until the Building Department approves the
removal of said measures.
82.During the construction phase, the applicant shall comply with the following
requirements:
a) No construction materials, debris, or waste shall be placed or stored where it
may enter a storm drain or be subject to tidal erosion or dispersion.
b) All construction materials, wastes, grading or demolition debris, and stockpiles of
soil, aggregates, soil amendments, etc. shall be properly covered, stored, and
secured to prevent transport into coastal waters by wind, rain, or tracking.
City Council Resolution No. 2005 -044
Page 23 of 23
83. The maximum allowable gross square footage shall not exceed 119,440 square feet.
The applicant shall not request nor shall the City grant an amendment to this Use
Permit to increase the maximum allowable area permitted on the St. Andrew's
Church campus.
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
resolution, being Resolution No. 2005 -44 was duly and regularly introduced before and adopted by
the City Council of said City at an adjourned regular meeting of said Council, duly and regularly
held on the 11th day of August 2005, and that the same was so passed and adopted by the following
vote, to wit:
Ayes: Selich, Ridgeway, Daigle, Nichols, Mayor Heffernan
Noes: Rosansky, Webb
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of August 2005.
(A/�M. I
City Clerk
Newport Beach, California
(Seal)