HomeMy WebLinkAbout01 - Newport Harbor Lutheran Church - 798 Dover DriveCITY OF NE T BEACH
� ?EWOOR, Heari ate:
A COMMUNITY ANMCONOMIC DEVELOPMENT Agenda Item No.:
PLANNING DEPARTMENT Staff Person:
53oo NEWPORT BOULEVARD
NEWPORT BEACH, CA 926$8
(714) 644-32-; FAX (74) 644-5250
SUBJECT:
SUMMARY:
iUN 2 31997
-sr-tq
SUGGESTED
ACTIONS:
i
REPORT TO THE MAYOR AND CITY COUNCIL
Newport Harbor Lutheran Church
798 Dover Drive
4Ej (+�)
June 9, 1997
Patricia L. Temple
644 -3200
Request to amend the General Plan Land Use Element and the Local Coastal
Program, Land Use Plan to establish new development limits for Newport
Harbor Lutheran Church. Also requested is the establishment of Planned
Community District Regulations for the Church property. The regulations
will establish specific zoning requirements related to, among other things,
intensity of use (entitlement), land use, setbacks, building heights and
parking regulations. The application also includes a request to approve a
Development Agreement between the City of Newport Beach and the
Newport Harbor Lutheran Church. If approved, the development agreement
will: establish development rights for future expansion of the property;
provide for a trade of property (conveyance of 0.65 acres) between the City
and the Church; provide for the construction of parking areas and other
improvements on Church property for the benefit of Bob Henry Park and
Castaways Park; and document the understanding of both parties as to the
intent and objectives of the agreement. The approval also includes the
acceptance of an environmental document.
For June 9, 1997:
Introduce Ordinance Nos. and ; and schedule the
following items for public hearing on June 23, 1997:
• General Plan Amendment No. 95 -2(E)
• Local Coastal Program Amendment No. 47
• Amendment No. 860
• DevelopmentAgreementNo.10
For June 23, 1997:
Approvekhe proposed project through the adoption of attached Resolutions
and Ordirhmces.
Plannin¢ Commission Recommendation
The Planning Commission will conduct its public hearing on these items on June 5, 1997. Staff will
report the Commission's action the night of the City Council meeting as needed. .
Points and Authority
=n* Consistency with General Plan and Local Coastal Program, Land Use Plan
The Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan
designate the site for Governmental, Educational and Institutional Facilities Churches and.
related activities are a permitted use in this designation. The proposal includes the
establishment of a total development allocation of 40,000 sq.ft. The establishment of this
entitlement level requires amendments to both of these planning documents. General Plan
Amendment procedures are contained in Council Policy K -1.
• Environmental Determination
Pursuant to the provisions of the California Environmental Quality Act (CEQA), an initial
study has been prepared for the proposed project. Based upon the information contained in that
document, it has been determined that the project will not result in any significant
environmental effects. A Negative Declaration has, therefore, been prepared. A copy of these
documents is attached for the review of the Planning Commission.
• Compliance with the Newport Beach Municipal Code
The property in question is currently zoned P -C (Planned Community). No Planned
Community Text has yet been adopted for the property. The proposed project includes the
adoption of the required P -C Text, as well as the approval of a Development Agreement to set
forth the rights, responsibilities and obligations of the Newport Harbor Lutheran Church and the
City of Newport Beach related to the transfer of property between the two parties, and the
entitlement of the subject property. Procedures for the adoption of a Planned Community Text
are in Chapter 20.35 of the Newport Beach Municipal Code (NBMC). Procedures for the
approval of a Development Agreement are in Chapter 15.45 of the NBMC.
Background
In 1993, the California Coastal Commission gave final approval to the Circulation Improvement
and Open Space Agreement (CIOSA). This agreement included provisions for the dedication of
two parks on the Upper Castaways property, the Bob Henry Park (active), and the Castaways Park
(passive). The City subsequently approved a tract map for development of a detached, single family
development on the Upper Castaways property. The design of that subdivision required the City to
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achieve primary access to the Castaways Park via the property of the Newport Harbor Lutheran
Church.
The City and Newport Harbor Lutheran Church have been conducting negotiations to achieve
access and parking for the Castaways Park, with a compensating transfer of land to the Church to
maintain adequate parking for existing and future Church uses. As part of this negotiation, the City
(in the draft Development Agreement) has agreed to include entitlement for future Church additions
in the agreement. The total of 40,000 sq.ft. (an increase of 30,000 sq.ft.) allowed for in the
agreement will provide for the addition of classroom and parish hall buildings. This package of
approvals will secure for the Church and the City those items conceptually agreed to by the City
Council.
Project Description
The General Plan and LCP amendments will establish the development limit for the church at
40,000 sq.ft. The Planned Community Text includes the following features:
• A comprehensive list of permitted uses typically associated with religious institutions is set
forth, including sanctuary, parish hall, classrooms, educational activities, community room,
storage and parsonage.
• The height of new buildings is limited to the height of the existing sanctuary, except for a tower
and cross which are allowed at a height of 65 feet.
• Setbacks are specified as follows: 10 feet from the front property line (at City Parking Lot), 10
feet from the rear property line, 10 feet from the side property line adjacent to Castaways Park,
and 20 feet from Castaways Lane.
• 163 parking spaces are to be provided for the Church. On -site uses are not permitted to exceed
the demand for 163 parking spaces.
• Provisions for permanent and temporary signs are established.
• New development of certain uses (such as Fellowship hall, chapel, and classrooms)is subject to
the approval of a Site Plan Review to insure that the project conforms to the objectives of the
General Plan and Development Agreement.
) The Development Agreement includes the following provisions:
• The exchange of land between the Newport Harbor Lutheran Church, the City of Newport
Beach, and The Irvine Company. The City will receive 27,480 sq.ft. currently owned by the
Church, and the Church will receive 27,930 sq.ft. currently owned by the City of Newport
Beach and The Irvine Company.
• The City shall construct or reconstruct parking on both the existing and new lots of the Church,
including driveways, pavement, striping, lighting, drainage, grading and landscaping.
• The City shall grade and re- landscape the existing playground.
• The City shall install fences on common property lines.
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• The City shall landscape the area adjacent to the new Castaways residential project, and install
irrigation.
• The City shall install a subsurface sewer lateral in the main parking lot. \
• The City shall install landscaping and irrigation along Castaways Lane and Dover Drive.
• The City shall install a trash enclosure in the secondary parking lot.
• The City shall install a memorial plaque in honor of Bob Henry within street right -of -way, and
a related bench with low level landscaping on Church property near the plaque.
• The City shall construct a retaining wall at the easterly comer of the main parking lot.
• The City shall maintain signage, turn pockets and other improvement necessary for church
ingress and egress.
• The Church shall have the ability to install a sign along Castaways Lane.
• The City parking lot shall be available to members of the general public, including Church
members and visitors.
• The City shall prepare and record all legal documents necessary to complete the transfer.
• The Development Agreement will be reviewed annually.
Analysis
As previously indicated, these approvals will complete the actions needed for the transfer of
property between the City of Newport Beach and the Newport Harbor Lutheran Church to provide
parking and access to Castaways Park. The additional entitlement provided for in the General Plan
and Planned Community text, as well as all the specific provisions of the Development Agreement f
are consistent with the direction given to staff by the City Council regarding the land exchange t
arrangement. This final action will allow for execution of the agreement and the actual transfer of
property between the Church and City.
Parkins
The primary planning issue presented by the entitlements included in the approval is the ability of
available parking to serve anticipated new development. A precise analysis of future parking
demand is not available at this time, since there is no precise planning which has occurred for future
iChurch development. The existing Church is, however, significantly over parked, and the land
exchange was designed to insure that the Church would not lose parking spaces.
Additional development at existing churches is seldom for the addition of new sanctuary space.
More typically, additional floor area is utilized for chapels, classrooms, parish halls and day care
facilities, which are usually used at times when the main sanctuary is unoccupied. This presents an
opportunity for parking to be shared between uses. As a result, even though a significant amount of
new development will be accommodated by the proposal, the existing parking supply should be
adequate for the project.
The Planned Community Text includes a provision which limits on -site uses to a peak parking
demand of 163 spaces, the number which will be provided on the Church site. Additionally, major
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new facilities are subject to the Site Plan Review process. This will give the City the opportunity to
review specific projects and their operation in relation to available parking. The Development
Agreement also allows the Church to utilize the City parking lot for overflow parking. These
provisions will work together to insure that adequate parking for Church expansion is provided.
Specific Findings
While no specific findings are set forth in the Municipal Code for the approval of amendments to
the General Plan and Local Coastal Program, or for the adoption of Planned Community District
Regulations and Development Agreements, it is the opinion of staff that the proposed changes are
appropriate given the nature of the land exchange between the City and Newport Harbor Lutheran
Church. Further, it is the opinion of staff that adequate safeguards are included in the Development
Agreement and Planned Community Text to insure adequate parking for on -going Church
development. Should the City Council wish to approve the project, the adoption of the attached
Resolutions and Ordinances is suggested.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Attachments:
Prepared by:
PATRICIA L. TEMPLE
Planning Director
pd&-
Draft Resolution, General Plan Amendment 95 -2(E)
2. Draft Resolution, Local Coastal Program Amendment No. 47
3. Draft Ordinance, Amendment No. 860 (P. C. Text attached)
4. Draft Ordinance, Development Agreement No. 10 (Development Agreement attached)
t 5. Negative Declaration
Page 5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING GENERAL PLAN
AMENDMENT NO. 95 -2(E) AMENDING THE LAND USE
ELEMENT OF THE GENERAL PLAN TO INCREASE THE
LEVEL OF ENTITLEMENT OF THE NEWPORT HARBOR
LUTHERAN CHURCH AND TO REDESIGNATE TRADED
LAND FROM "SINGLE- FAMILY DETACHED RESIDENTIAL"
TO "GOVERNMENTAL, EDUCATIONAL AND
INSTITUTIONAL FACILITIES."
[GPA No. 95 -2(E)l
WHEREAS, as part of the development and implementation of the City's General
Plan, the Land Use Element has been prepared; and
WHEREAS, said element of the General Plan sets forth objectives and supporting
policies which serve as a guide for future development of the City of Newport Beach; and
WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach,
the Planning Commission has held a duly noticed public hearing to consider a certain amendment
to the above referenced element of the Newport Beach General Plan; and
WHEREAS, the City intends to permit the exchange of land to facilitate the
provision of access parking for Castaways Park; and
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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.
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A
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Newport
Beach that General Plan Amendment No. 95 -2(E) is hereby approved as shown in the attached
Exhibit 1 for:
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 redesignated from "Single - Family Detached Residential' to
"Governmental, Educational and Institutional Facilities." That the level of entitlement
for the church site be set at 40,000 square feet.
ADOPTED this day of 1997.
MAYOR
ATTEST:
CITY CLERK
Attachment: Exhibit 1
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EXHIBIT i
[GPA 95 -2(E)]
LAND USE ELEMENT
Pages 55 and 56
Dover Shores Area (Statistical Area JI)
2. Castaways. The Castaways site is located easterly of Dover Drive at the terminus of 16th
Street. A church site in the area is designated for Governmental, Educational and
Institutional Facilities and is permitted a maximum of 40.000 square feet. The bluff
areas are designated for Recreational and Environmental Open Space with the balance of
the site designated for Single Family Detached development. The designation of Single
Family Detached shown on the Land Use Plan (Map) represents an anticipated
development type, and is not intended to limit development to only that type. This area
may be developed with any of the residential product types within the established
dwelling unit limit. A maximum of 151 dwelling units are allowed on site.
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ESTIMATED GROWTH FOR STATISTICAL AREAS M
Residential
(in du's)
Commercial (in sq.ft.)
Existing
Gen.Plan
Projected
Existing
Gen.Plan
Projected
1/1/87
Projectio
Growth
1/1/87
Projectio
Growth
1.
Lower Castaways
-0-
-0-
-0-
-0-
2,000
2,000
2.
Castaways
-0-
151-
151
F---7-0,-00040,000
30,000
3.
WestcliffGrove
29
29
-0-
=0-
-0-
-0-
4.
Dover Shores
381
381
-0-
=0-
-0-
-0-
5.
North Star Beach
-0-
-0-
-0-
8,154
18,228
10,074
TOTAL
410
561
151
18,154
&d-54
60,228
20,22
42.074
42,()74
Population
812
1,111
299
(Revised 6/97)
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RESOLUTION NO. 97 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. 47 AMENDING THE LOCAL
COASTAL PROGRAM LAND USE PLAN OF THE CITY OF
NEWPORT BEACH TO INCREASE THE LEVEL OF
ENTITLEMENT OF THE NEWPORT HARBOR LUTHERAN
CHURCH AND TO REDESIGNATE TRADED LAND FROM
"SINGLE- FAMILY DETACHED RESIDENTIAL" TO
"GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL
FACILITIES."
(LCP Amendment No. 47)
WHEREAS, the Coastal Act of 1976 requires the City of Newport to prepare a
local coastal program; and
WHEREAS, as part of the development and implementation of the Coastal Act, a
Local Coastal Program Land Use Plan has been prepared; and
WHEREAS, said Land Use Plan sets forth objectives and supporting policies
which serve as a guide for future development in coastal areas of the City of Newport Beach; and
WHEREAS, the Planning Commission has held a duly noticed public hearing to
consider this amendment to the Land Use Plan of the Newport Beach Local Coastal Program; and
i WHEREAS, in conjunction with the consideration of the above referenced
amendment to the Land Use Plan of the Local Coastal Program, 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.
NOW, THEREFORE BE IT RESOLVED, by City Council of the City of
Newport Beach that Local Coastal Program Amendment No. 47 to the Land Use Plan, is hereby
approved as shown in the attached Exhibit 1 for:
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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 redesignated from "Single - Family Detached Residential" to
"Governmental, Educational and Institutional Facilities." That the level of entitlement
for the church site be set at 40,000 square feet.
ADOPTED this day of 1997.
MAYOR
ATTEST:
CITY CLERK
Attachment: Exhibit 1
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EXHIBIT 1
(LCP AmendmentNo. 47)
LOCAL COASTAL PROGRAM LAND USE PLAN
Pages 65 -66
Westcliff/WestBav
Dover Shores Area
2. Castaways. The Castaways site is located easterly of Dover Drive at the terminus of 16th
Street. A church site in the area is designated for Governmental, Educational and
Institutional Facilities and is Permitted a maximum of 40,000 square feet. The bluff areas
are designated for Recreational and Environmental Open Space with the balance of the site
designated for Single Family Detached development. The designation of Single Family
Detached shown on the Land Use plan (Map) represents an anticipated development type,
and is not intended to limit development to only that type. This area may be developed with
any of the residential product types within the established dwelling unit limit. A maximum
of 151 dwelling units are allowed on site. A public bikeway /walkway is to be provided in the
bluff top setback area, with access from Dover Drive and/or Westcliff Drive. This
development shall incorporate a public park and viewing area of approximately 10 acres
parallel to the bluffs, including adequate parking. Any development on this site shall be sited
and designed to adequately protect and buffer the environmentally sensitive area(s) on this
site.
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ORDINANCE NO.
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 CommissionAmendmentNo. 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 rr
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.
as follows:
NOW, the City Council of the City of Newport Beach DOES HEREBY ORDAIN
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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 (3 0) 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.
2 13
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SECTION 5. This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the day of 1997, and was
adopted on the day of 1997, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
Attachment:
Exhibit 1: Newport Harbor Lutheran Church Planned Community District Regulations
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EXHIBIT 1
NEWPORT HARBOR LUTHERAN CHURCH
PLANNED COMMUNITY DISTRICT REGULATIONS
4 15
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NEWPORT HARBOR LUTHERAN CHURCH
Planned Community District Regulations
Ordinance No.
Adopted
Amendment No.
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1(D
LISTS OF EXHIBITS
Exhibit Number Exhibit Name
VicinityMap ......................................... .............................2a .
2. Land Use Plan ...................................... .............................2b
4 11
I. INTRODUCTION
Project Background `
The Newport Harbor Lutheran Church (Church) is a multi -use religious and
educational facility located in the City of Newport Beach as generally depicted in Exhibit
"1 ". The Church has a General Plan land use designation of Governmental,
Educational and Institutional Facilities. City and Church have entered into a
Development Agreement which contemplates the exchange of property between the
parties which will enable City to provide more convenient parking for Bob Henry Park
and Castaways Park. The Development Agreement also requires the City to construct
for Church certain facilities to replace or restore improvements located on property to
be conveyed by Church to City. Finally, the Development Agreement is intended to
vest 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. f
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. .
Project Location
1
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 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.
2 ty
County, subject to the restrictions in the Development Agreement and these
Regulations.
11. NEWPORT HARBOR LUTHERAN CHURCH STATISTICAL ANALYSIS
Use Total Sq. Footage Parking Provided
Sanctuary 40,000 - (all uses) 163 Spaces - (all uses)
Administrative Building
Classroom Bldgs. (Pre - school, Kindergarten, Elementary school grades 1 -6)
Parish Hall
Meeting Rooms
Food Preparation Facility
Residential facility for a single family employed by the church
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.
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 L
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.
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 Paging
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
-)Ia
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 Requirements
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
Church shall have the right to sound Carillon Bells at the onset of church
i services, during weddings, or during other special events.
IV. DEFINITIONS
The definitions specified in the Development Agreement shall apply to provisions
of these Regulations. As to terms not defined in the Development Agreement, the
definitions in the Newport Beach Zoning Code shall be applicable.
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V. 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
1 • 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
VI. 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.
G. 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.
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3. Parkina Standards
The provision of 163 parking spaces shall satisfy the provisions of these
Regulations and the Newport Beach Zoning Code.
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
1property 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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VII. 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 media including their structure and
component parts which are used or intended to be used out -of -doors to
communicate information to the public.
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 informing
the words of a message. /
Vehicle Entry Sign: "Vehicle Entry Sign" shall refer to a sign denoting
intersection points along West Coast Highway and which denotes access for
automobiles into the Balboa Bay Club.
B. Permitted Signs
1. Proiect Identification
i 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. Temporary Signs
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. Sion 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
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.
VIII. 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
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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, sowing 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.
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
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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
tractions shall be pursuant to Chapter 20.01070. The Site Plan Review procedures
established for Newport Harbor Lutheran Church shall be administered by the Planning
Director. All decisions of the Planning Director shall be final.
RHB:da
F :1catlagUulheranitext=3097.doc.
14 1 i
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND THE NEWPORT HARBOR LUTHERAN CHURCH.
(Development Agreement No. 10)
The City Council of the City of Newport Beach DOES HEREBY ORDAIN as follows:
SECTION 1. The City Council finds and declares that:
a. The State Legislature and the City Council have determined that the lack of
certainty in the approval of development projects can result in a waste of resources, escalate the
cost of housing and other development to the consumer, and discourage investment in and
commitment to comprehensive planning which would make maximum efficient utilization of
resources at the least economic cost to the public; and
b. Assurance that an applicant may proceed with a project in accordance with existing
policies, rules and regulations, and subject to conditions of approval, will strengthen the public
planning process, encourage private participation in comprehensive planning, and reduce the
economic costs of development; and
C. California Government Code Section 65864 et seq. authorizes cities to enter into
development agreements with any person having a legal or equitable interest in real property for the
development of the property; and
d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and
procedures for the amendment of development agreements; and
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e. Development Agreement No. 10 has been prepared in compliance with state law
and the Newport Beach Municipal Code; and
f. In compliance with state law and city ordinance, a duly noticed public hearing was
held by the Planning Commission to consider Development Agreement No. 10; and
g. The Planning Commission finds that Development Agreement No. 10 is in
compliance with the California Environmental Quality Act and Guidelines promulgated thereunder;
and
h. The Planning Commission finds that said Development Agreement No. 10 is in
conformance with the Newport Beach General Plan, as proposed by accompanying General Plan
AmendmentNo. 95 -2 (E); and
The adoption of the Development Agreement will not preclude the City from
conducting future discretionary reviews in connection with the project,, nor would it prevent the
City from imposing conditions or requirements to mitigate significant impacts identified in such
reviews provided that the measures do not render the project infeasible.
SECTION2. Development Agreement No. 10 (Ordinance No. 97- _, is
1 hereby adopted and made a part hereof by this reference.
SECTION 3. Copies of said Development Agreement are on file in the offices of
the City Clerk and the Planning Department of the City of Newport Beach.
SECTION 4. 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.
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SECTION 5. This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the day of 1997, and was
adopted on the day of 1997, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
Attachment:
Exhibit 1: Development Agreement No. 10
F:\USERIPLNISHAREDII PLANCOMI PENDINGW HLUTHRMRESOLUTNICITYCNL1DA10 .ORD.DOC
3
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f•
EXHIBIT 1
DEVELOPMENT AGREEMENT NO. 10
4
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s
Recording Requested by and
when Recorded Return to:
City Clerk
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA, 92658 -1768
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Space Above This Line for Recorder's Use Only
DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
AND
NEWPORT HARBOR LUTHERAN CHURCH
Ordinance No.
Approved
This Development Agreement is entered into between the City of Newport Beach
(City) and the Newport Harbor Lutheran Church (Church).
1. RECITALS
1 1.1 Purpose of Agreement. This Agreement is intended to:
a. Grant vested development rights to Church for the expansion of its
facilities and uses on Church Property;
b. Provide for Church's conveyance to City of approximately .65 acres of
Church Property for use as a public parking facility to serve Bob Henry
Park and the Castaways Park in consideration of City's conveyance to
Church of at least .65 acres of City Property;
C. Provide for the construction of parking areas and other improvements on
Church Property to, among other things, replace existing parking space
located on the property conveyed to City, restore or replace other Church.
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improvements impacted by City's project and/or in consideration for the
exchange of property.
d. Provide public benefits to City and its residents by facilitating the
conveyance of Church Property which, when improved, will provide
parking for, and access to, Bob Henry Park and Castaways Park.
e. Document the understandings pursuant to which City and Church shall
work cooperatively to assure that the respective development plans of both
Parties are compatible with the objectives and interests of the other.
1.2 Authorization. This Agreement is authorized by, and is consistent with, the
provisions of Section 65864 et seg. of the Government Code of the State of
California, and Chapter 15.45 of the Newport Beach Municipal Code.
1.3 Interests of Church. Church is the legal and /or equitable owner of approximately
3.0 acres of real property located in City and more particularly described in
Exhibit "A ".
1.4 Planning Commission /City Council Hearings. The Planning Commission, after
giving appropriate notice, held public hearings to consider this Agreement on
1997. The City Council conducted public hearings on this
Agreement on 1997.
1.5 Consistency. This Agreement is consistent with the various elements of the
Newport Beach General Plan, and other applicable ordinances, plans, and
policies of City. This Agreement is also consistent with the purpose and intent of
State and local laws authorizing development agreements in that this Agreement:
(a) provides significant public benefits (as more fully described in Section 1.6); (b)
provides certainty relative to Church's expansion of facilities on its Property; (c)
reduces the economic cost of development by Church and reduces the cost to
City of acquiring Church -owned property and constructing public improvements;
1 (d) provides assurance to Church that it may proceed with expansion of its
facilities in accordance with Existing General Regulations and the Terms of this
Agreement and; (e) provides assurance to adjoining property owners that future
development and expansion of Church facilities will occur in accordance with the
Terms of this Development Agreement.
1.6 Public Benefits: The City Council finds that this Agreement provides significant
public benefits including the following:
a. The Property transfer provisions of this Agreement will facilitate
construction of the City Project and enable City to provide easier access
to, and more parking for, Castaways Park and Bob Henry Park;
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b. The Property transfer provisions of this Agreement will enable City to
protect an area of open space adjacent to Dover Drive;
C. The potential to further increase parking for Bob Henry Park and parking
for Church members through the mutual use of parking facilities subject to
further agreement of the Parties
1.7 Police Power. City Council has determined that this Agreement is in the best
interests of the health, safety and general welfare of City, its residents and the
public, was entered into pursuant to, and represents a valid exercise of, City's
police power, and has been approved in accordance with the provisions of State
and local law that establish procedures for the approval of development
agreements.
1.8 City Ordinance. On , 1997, the City Council approved this
Agreement and conducted the first reading of Ordinance No. 97 -_ approving
and authorizing City to enter into this Agreement (the "Adopting Ordinance "). On
, 1997, the City Council completed adoption of the Adopting
Ordinance. The Adopting Ordinance became effective on 1997.
2.
2.1 "Adopting Ordinance" refers to City Ordinance No. 97 -— adopted by the Ci4
Council on 1997, authorizing City to enter into this
Agreement.
2.2 "Agreement" refers to this "Development Agreement between the City of Newport
Beach and Newport Harbor Lutheran Church." This Agreement is also identified
by City as City's Development Agreement No. _
2.3 "Annual Review" refers to the review of good faith in compliance by the Parties
i with this Agreement as set forth in Section 6.
2.4 "Approval Date" shall mean , 1997, the date. on which the City
Council voted to approve this Agreement.
2.5 All forms of use of the verb "assign" and the nouns "assignment" and "assignee"
shall include all contexts of hypothecations, sales, conveyances, transfers,
leases, and assignments.
2.6 "Bob Henry Park" shall mean the active recreational facility owned and
maintained by City which is located on the north side of Castaways Lane and
east of Dover Drive.
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2.7 "Castaways Park" is the sixteen (16) acre parcel owned and maintained by City
and which is situated to the south of Church Property and east of Dover Drive
2.8 "CEQA" and the "CEQA Guidelines" refers to the California Environmental Quality
Act and the CEQA Guidelines promulgated by the Secretary of Resources of the
State of California.
2.9 "Church" refers to the Newport Harbor Lutheran Church and "Church Property"
refers to the property owned by Church after the conveyances contemplated by
this Agreement are recorded.
2.10 "City" refers to the City of Newport Beach, California.
2.11 "City Council" refers to the City Council of City.
2.12 "City Project" means the construction of various public improvements in the vicinity
of Church that are related to Bob Henry Park, the Castaways Park, or the
Castaways' residential project.
2.13 "Cure Period" refers to the period of time during which a Default may be cured
pursuant to Section 9.
2.14 "Day„ or "Days„ refers to a calendar day, unless expressly stated to be a business
day.
2.15 "Default" refers to any material default, breach, or violation of the provisions of
this Agreement. A "City Default" refers to a Default by City, while a "Church
Default" refers to a default by Church.
2.16 "Development Permit(s)" shall mean building permits, grading permits and other
permits authorizing construction activity.
i 2.17 The "Effective Date" refers to the effective date of the Adopting Ordinance and is
the effective date of this Agreement.
2.18 An "Estoppel Certificate" is the document required by Section 6.5.
2.19 An "Exhibit" refers to an Exhibit to this Agreement. All Exhibits are incorporated
as a substantive part of this Agreement. The Exhibits to this Agreement are:
Exhibit "A" Description of Church -owned property prior to the transfer of property
required by this Agreement (Pre- transfer Church Property)
Exhibit "B" Planned Community Development Plan (the "Development Plan's
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Exhibit "C" Description Church Property and all improvements to be constructed
by City on Church Property pursuant to this Agreement
Exhibit "D" Description of the property to be conveyed by City to Church l
Exhibit "E" Description of the property to be conveyed by Church to City
2.20 "Existing General Regulations" shall mean those General Regulations approved
by City on or before the Approval Date (irrespective of their effective date) and
not rescinded or superseded by City action taken on or before the Approval Date.
2.21 "Future General Regulations" shall mean those General Regulations (see Section
2.22 below) adopted by City after the Approval Date.
2.22 "General Regulations" shall mean those ordinances, rules, regulations, policies,
and guidelines of City which are generally applicable to the use of land and /or
construction within City and include, the Fair Share Traffic Contribution Fee
Ordinance, the Uniform Building Code, the Uniform Fire Code, other Uniform
Codes, and water and sewer connection fee ordinances.
2.23 "General Plan" refers to City's General Plan in effect on the Approval Date, plus
all amendments to the General Plan adopted by City on or before the Approval
Date as part of the Development Plan. (.
2.24 "Improvements" shall mean all of the physical changes to Church Property
required by this Agreement as more specifically described in Section_ and
depicted on Exhibit
2.25 "Includes" and all contexts and forms of the words "includes" and "including' shall
be interpreted to also state "but not limited to."
2.26 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed
i of trust, sale - leaseback agreement, or other transaction under which all or a
portion of the Property, including those portions acquired by assignees, is used
as security (a "Mortgage ") or the owner of any interest in all or any portion of the
Property under a Mortgage, including those portions acquired by assignees.
2.27 "Notice" refers to any written notice or demand between the Parties required or
permitted by this Agreement.
2.28 "Parties" refers to City and Church and a "Party" shall refer to either of the
Parties.
2.29 "Planning Commission" refers to the Planning Commission of the City of Newport,
Beach.
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3. VESTED RIGHTS
3.1 Vested Rights Church shall have the vested right, subject only to the conditions
specified in this Agreement, to construct a total of forty thousand (40,000) square
feet of floor area, inclusive of structures existing on Pre - Transfer Church Property
as of the Adoption Date, in accordance with the Development Plan and subject to
provisions of the Coastal Development Permit issued by the California Coastal
Commission or its successor. Church shall also have the vested right to install
temporary buildings in the lawn area behind the sanctuary, the side lawn west of
the sanctuary and /or the preschool yard (as specified in the Development Plan) at
any time during the Term of this Agreement. Church shall also have the right to
install temporary buildings in the area specified in the Development Plan (Main
Parking Lot) prior to, and during, construction of permanent structures subject to
the following: (a) Church has provided City with proof of its ability to fund
construction of permanent structures within the area permitted by the Development
Plan and; (b) Church has filed a complete application for a building permit with City
or has received a building permit and has diligently pursued construction authorized
by the permit.
3.2 Development Plan. Church's vested right to construct the floor area authorized in
Section 3.1 is subject to compliance with the Development Plan including provisions
relating to height, location, parking spaces, the use of structures and Site Plan
Review.
3.3. Compliance with General Regulations. Church is required to comply with existing
General Regulations. As to those Existing General Regulations which require the
payment of fees, costs, and expenses, the applicable`fee, cost, or expense shall be
waived if City is the beneficiary of the fee and has the authority to do so. Church
shall also comply with any Future General Regulation that does not impair or affect
its ability to develop Church Property in accordance with the Terms of this
Agreement. Church shall also comply with all provisions of the Uniform Building
Code, whether adopted before or after the Approval Date, which are in effect at the
i time applications for specific development permits are submitted. Church also
acknowledges and agrees that City may be required to prepare additional
environmental documentation in the future and prior to the issuance of any
development permit, license or approval as necessary to comply with the provisions
of the CEQA and the CEQA Guidelines.
3.4 Public Health and Safety /Uniform Codes. This Agreement does not prevent City
from adopting, and Church shall comply with, Future General Regulations
(including Uniform Building Codes and Uniform Fire Codes) which are based on
recommendations of a multi -state professional organization and become applicable
throughout City. This Agreement does not prevent City.from imposing conditions
inconsistent with this Agreement on future discretionary approvals, where such
actions directly result from findings by the City Council that those actions are
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necessary to avoid consequences which are injurious or detrimental to the public
health and safety so long as City does not refuse to issue or approve any -
application or permit or apply to Church or Church Property any conditions oV
Future General Regulations if such action would prevent, preclude, delay, alter, or
in any way materially affect (in a manner not satisfactory to Church) the
development of Church Property in accordance with this Agreement unless and
until the City Council makes a finding that such action is the only reasonably
necessary means to correct or avoid the injurious or detrimental condition. Any
action taken pursuant to this Section shall apply only to the extent and for the
duration necessary to correct or avoid the injurious or detrimental condition.
3.5 Coastal Act Compliance. The Property is located in the Coastal Zone of City as
defined by the California Coastal Act codified at Section 30000 et sea• of the
Public Resources Code of the State of California. Prior to commencing any
"development" on the Property, Church must obtain a Coastal Development
Permit.
4. TRANSFERS OF PROPERTY
4.1 Transfer of City Property to Church. City shall grant to Church, in fee, at least
0.65 acres of City -owned Property which is depicted and described on Exhibit
"D ". Transfer of this Property is in partial consideration of Church's commitment s,,.
pursuant to this Agreement.
4.2 Transfer of Church Property to City. Church shall grant to City, in fee,
approximately 0.65 acres of Pre - Transfer Church Property which is depicted and
described on Exhibit "E ". Transfer of this Property is full consideration for City's
commitments pursuant to this Agreement.
5. CITY IMPROVEMENTS /COMMITMENTS
5.1 City Reauired Improvements. City will construct a number of improvements for
the benefit of Church,. These improvements are necessary to compensate for
the loss of parking spaces caused by implementation of the City Project and to
compensate for the difference in value, if any, between the 'parcels to be
exchanged by the Parties. City shall construct all of the improvements described
in this Agreement and all of the improvements depicted and described in Exhibit
"C ". Iin the event of any conflict between the provisions of Exhibit "C" relative
to the location of improvements, the provisions of Exhibit "C" shall prevail. In
the event of any conflict between the provisions of this Agreement and Exhibit
"C" as to any other issue, including whether a particular improvement is to be
constructed, the prevailing provision shall be the one which benefits Church to
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the greatest extent. All improvements shall be constructed in conformance with
all City standards, rules and regulations.
5.2 Parking Facilities. City shall construct or reconstruct, as appropriate, a primary
parking facility on a portion of the existing Church parking lot and the major portion
of the Property to be dedicated to Church pursuant to Section 4.1 (the Main
Parking Lot). The Main Parking Lot shall consist of at least one hundred forty (140)
spaces constructed in compliance with Exhibit "C" and all applicable City
standards. City shall also construct or reconstruct, as appropriate, a secondary
parking facility which is generally located to the rear of the sanctuary in the
northeast corner of Church Property (the Secondary Parking Lot). The Secondary
Parking Lot shall be also be constructed in compliance with Exhibit "C" and all
applicable City standards. In addition, the Main Parking Lot and the Secondary
Parking Lot will contain customary improvements including:
a. Typical parking lot pavement sections including subbase, asphalt concrete
surfacing, concrete curbs and /or gutters. A portion of the Secondary Parking
Lot will be constructed with a heavier subbase and surface (4" over 8" as
opposed to 3" over 6") to accommodate refuse trucks and other heavy
vehicles using the facility;
b. Parking lot striping, consistent with City and ADA requirements;
c. Landscaping of parking lot medians and barrier area with trees, shrubs and
ground cover as well as a new irrigation system for the landscaping;
d. Lighting of the Main Parking Lot, the Secondary Parking Lot, the new
walkway between the Secondary Parking Lot and the administration
building, and the periphery of these areas so that illumination is consistent
with current City standards for City owned parking lots;
e. Drainage facilities, including a subsurface drainage system for the Main
1 Parking Lot which will connect to City's storm drain system. The Secondary
Parking Lot shall be graded and improved to provide for surface drainage
onto Castaways Lane;
f. Grading and all site preparation necessary to the construction of the
improvements described above . including, without limitation, removal of
trees, landscaping, decorative wall and appurtenances, existing parking lot
pavement, and removal as well as replacement of irrigation systems;
g. In addition to the construction and /or reconstruction of the parking facilities,
City shall construct three (3) new driveways to provide access, including
access to Church and City parking facilities from Castaways Lane. City shall
also construct certain concrete walkways and sidewalks, including ramps to
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provide access from the Main Parking Lot and the Secondary Parking Lot to
existing walkways adjacent to Church building all in conformance with thq�
requirements of State and Federal law, including the Americans witft
Disabilities Act, provided, however, City's commitment does not include any
alterations to structures or internal walkways unaffected by the construction
of improvements by City.
5.3. Other Improvements. City shall also make, or cause to be made, the following
improvements:
a. Grading and re- landscaping of the existing playground adjacent to Church's
pre - school, including the replacement of shade trees, turf, irrigation systems,
fencing (style consistent with existing material) and slope stabilization;
b. Fencing and /or screen walls along common property lines that are
consistent with the style of link fencing at Bob Henry Park, with the fencing
on the south side of Church to contain a gate which can be used by Church
members or employees to gain access to the Castaways Park.
C. Landscaping of the area adjacent to Church /Castaways Residential
Community property line, including the removal of trees designated for
removal by Church the installation of replacement trees and landscaping
that provides an aesthetically pleasing area. In addition, a new irrigation..
system shall be installed as necessary to service this area. Retainins
walls necessary to account for changes in grade in this area shall be
constructed on property owned or controlled by the Castaways Community
Association and /or its member(s). Retaining walls constructed on Church
Property by City shall not exceed three (3) feet in height.
d. Landscaping and irrigation of the Castaways Lane median and parking
strip in an aesthetically pleasing manner with maintenance by the City or
the Castaways Community Association.
e. Installation of a subsurface sewer lateral in the Main Parking Lot, and
extending from the terminus of the existing sewer .lateral to a point
approximately twenty (20) feet south of the Council Room. With the
exception of this sewer lateral, City shall not be required to install any
electrical, gas, water, or other service facility on or adjacent to Church
Property, provided, however, City shall be responsible for the relocation of
the existing gas meter for Church Property to a location acceptable to
Church and Southern California Gas Company.
f. Installation of landscaping and irrigation improvements along Castaways
Lane and Dover Drive consistent with all City standards.
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g. Installation of an aesthetically pleasing trash enclosure capable of
accommodating two (2) bins as well as an access pad at the southeast
end of the Secondary Parking Lot.
h. Installation of a memorial plaque in honor of Bob Henry within City right -of-
way (parkway) and a related bench with low level landscaping on Church
Property in proximity to the memorial plaque.
Construction of a retaining wall at the easterly comer of Main Parking Lot
adjacent to Lot 6 of the Castaways Residential Development as shown on
Exhibit "C ".
5.4 Other City Commitments. In addition to City improvement commitments in
Sections 5.2 and 5.3, City makes the following additional commitments to Church:
a. City shall maintain, during the Term of this Agreement, signage, left turn
pockets, and other improvements necessary to maintain and facilitate
ingress to Church from vehicles proceeding southbound on Dover Drive
and egress for vehicles exiting Church Property and Castaways Lane to
proceed southbound on Dover Drive.
b. City shall construct identification sign walls on City property in proximity to
the new City parking lot for Castaways Park as generally depicted on
Exhibit "C ". Church shall provide City with plans and specifications for
the sign walls and shall be responsible for all maintenance. Church shall
have the right to install an additional identification sign, at Church's
expense, along Castaway Lane as specified in the Development Plan.
The size and style of the signs shall be consistent with the Development
Plan. The signs shall not be installed in a manner which is inconsistent
with the sight distance standards of City.
C. City parking lot to be constructed west of the Main Parking Lot shall be
Ak available for parking by members of the general public, including members
of, and visitors to, Church.
d. Except as expressly provided in this Agreement, no dedications or
reservations of Church Property shall be required in conjunction with the
application or issuance of any permit authorizing development,
construction, use, or operation of Church Property.
e. The exchanges of land contemplated by this Agreement will effectively
modify the boundaries of the Parcels owned by the Parties. City is
required, at its sole cost and expense, to conduct appropriate field work
and surveys, prepare required maps, records, and documents, and
process, through and including approval and recordation by the County of
Orange, all maps, records of surveys or legal descriptions necessary to
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insure that Church Property constitutes a legal parcel with an accurate
legal description. Church shall cooperate with City by, among other things(
providing requested information and necessary signatures.
6. ANNUAL REVIEW
6.1 City and Church Responsibilities. At least every twelve (12) months during the
Term, City shall review the Party's good faith substantial compliance with this
Agreement (the "Annual Review "). After the Annual Review, City's finding of
good faith compliance by Church shall be conclusive for the purposes of future
Annual Reviews or legal action between the Parties. Either Party may address
any requirements of this Agreement during the Annual Review. However, fifteen
(15) days written Notice of any requirement to be addressed shall be given to the
other Party by the requesting Party. If, at the time of the review, an issue not
previously identified in writing is required to be addressed, the review shall be
continued for no more than sixty (60) days at the request of either Party to afford
sufficient time for analysis and preparation of a response.
6.2 Opportunity to be Heard. Church shall be permitted an opportunity to be heard
orally and in writing at any noticed public hearing or meeting relating to the
Annual Review. //
6.3 Notice to Church. City shall provide Church with at least fifteen (15) days writte4
notice of the Annual Review. The written notice provided to Church by City shall
include a copy of any City staff report, document or exhibit proposed to be
submitted to the City Council in conjunction with the Annual Review of this
Agreement.
6.4 Review Letter.
a. After Finding of Compliance. If Church is found to be in compliance with
this Agreement after the Annual Review, City shall issue, within ten (10)
days of Church's written request, a letter to Church stating that this
Agreement remains in effect and Church is not in Default.
b. After Cure of Default. If Church is found to be in Default under this
Agreement at the Annual Review, but subsequently cures that Default in
the manner provided by this Agreement, City shall issue, within ten (10)
days of Church's written request, a letter to Church stating that this
Agreement remains in effect and Church is not in Default.
6.5 Estoppel Certificate. Either Party may at any time deliver a written Notice to the
other Party requesting an Estoppel certificate (the "Estoppel Certificate ") statink-
the following:
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a. This Agreement is in full force and effect and is a binding obligation of the
Parties.
b. This Agreement has not been amended or modified either orally or in
writing or, if so amended, identifies the amendments.
C. To the best of the signing Party's knowledge, no Default in the
performance of the requesting Party's obligations under this Agreement
exists or, if a Default does exist, the nature and amount of any Default.
d. A Party receiving a request for an Estoppel Certificate shall provide a
signed certificate to the requesting Party within thirty (30) days after receipt
of the request. The Planning Director may sign Estoppel Certificates on
behalf of City. An Estoppel Certificate may be relied on by assignees and
Mortgagees.
6.6 Failure to Conduct Annual Review. City's failure to conduct an Annual Review
shall not constitute or be asserted by City as Church's Default or asserted by
Church as a City Default.
7. GENERAL PROVISIONS
7.1 Effective Date. This Agreement and the obligations of the Parties shall be
effective as of the Effective Date. However, this Agreement shall bind the Parties
as of the Approval Date, subject only to the Adopting Ordinance becoming
effective pursuant to California law.
7.2 Term of Agreement. The Term of this Agreement (the "Term ") shall begin on the
Effective Date and continue for twenty -five (25) years unless otherwise
terminated or modified pursuant to this Agreement.
7.3 Assignment. Church has the absolute right to assign its rights and/or delegate its
obligations under this Agreement as part of an assignment of all or a portion of
the Property. Any assignment shall be subject to the provisions of this
Agreement. As long as Church, or its parent body, the Evangelical Lutheran
Church in America, owns any part of the Property, Church may assign the
benefits of this Agreement without delegating the obligations for the portion of the
Property assigned. If that occurs, however, the benefits assigned shall remain
subject to the performance by Church of the corresponding obligations.
a. Where an assignment includes the delegation of the corresponding
obligations, those obligations become solely the obligations of the
assignee. If an assignee is in Default, then as to Church or any assignees
45
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not in Default, the Default shall not constitute their Default, give grounds
for termination of their rights under this Agreement or be a basis for arr
enforcement action against them. [.
b. Under no circumstances, shall Church be relieved of its obligations under
Section 4.2.
7.4 Amendment of Agreement. This Agreement may be amended from time to time
by the mutual consent of the Parties, or their successors in interest, but only in
the manner provided by the Government Code, the Newport Beach Municipal
Code and /or this Agreement. After any amendment, the Term "Agreement" shall
refer to the amended Agreement.
7.5 Enforcement, This Agreement is enforceable by each of the Parties and their
respective successors and assigns.
7.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
a. Expiration of the twenty -five (25) year term;
b. Entry, after all appeals have been exhausted, of a final judgment or
issuance of a final order directing City to set aside, withdraw, or abrogate,
City's approval of this Agreement; or
C. The effective date of a Party's election to terminate this Agreement as
provided in Section 9.3 of this Agreement.
8. CONFLICTS OF LAW
8.1 Conflict with State and Federal Laws and Regulations. Where State or Federal
laws or regulations prevent compliance with one or more provisions of this
i Agreement, those provisions shall be modified, through revision or suspension, to
the extent necessary to comply with such State or Federal laws or regulations
and the modified Agreement shall remain in effect, subject to the following:
a. City shall not request modification of this Agreement pursuant to this
provision unless and until the City Council makes a finding that such
modification is required (as opposed to permitted) by State and federal
laws or regulations;
b. The modifications must be limited to those required (as opposed to
permitted) by the State or Federal laws;
C, The modified Agreement must be consistent with the State or Federal laws
or regulations required modification or suspension;
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d. The intended material benefits of this Agreement must still be received by
each of the Parties after modification;
e. Neither the modification nor any applicable local, State, or Federal laws or
regulations, may render the modified Agreement impractical to enforce;
and
f. Church consents in writing to the modification.
g. Church shall have the right to seek judicial review of any proposed
modification to ensure compliance with this Section.
9. DEFAULT, REMEDIES AND TERMINATION
9.1 General Provisions. In the event of a Default (see Section 6.1), the Party alleging
a Default shall give the other Party a written Notice of Default. The Notice of
Default shall specify the nature of the alleged Default, and a reasonable manner
and sufficient period of time (not less than thirty (30) days) in which the Default
must be cured (the "Cure Period "). During the Cure Period, the Party charged
shall not be considered in Default for the purposes of termination of this
Agreement or institution of legal proceedings. If the alleged Default is cured
within the Cure Period, then a Default shall be deemed not to exist.
9.2 Option to Institute Legal Proceedings or to Terminate. If an alleged Default is not
cured within the Cure Period, the noticing Party must give the defaulting Party a
Notice of Intent to Terminate this Agreement if that Party intends to terminate this
Agreement. Within thirty (30) days after giving of the Notice, the City Council
shall hold a public hearing in the manner set forth in Government Code Sections
65865,65867, and 65868, as amended, to consider and review the matter. This
hearing shall utilize the procedures outlined for the Annual Review in Section 6.
1
9.3 Notice of Termination. After the City Council hearing described in Section 9.2,
the Party alleging the Default, at its option, may give written Notice of Termination
of this Agreement to the other Party and this Agreement shall be terminated
immediately upon giving the Notice. A termination shall be valid only if good
cause exists and clear and convincing evidence was presented to the City
Council to establish the continued existence of a Default after the Cure Period.
The findings of the City Council as to the existence of a Default shall have no
weight in any legal proceeding brought to determine the existence of a Default.
The validity of any termination may be challenged pursuant to Section 11.16, in
which case the court shall render an independent judgment as to the existence of
a Default and good cause for termination. Termination may result only from a
material Default of a material provision of this Agreement.
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9.4 Waiver. Failure or delay in giving Notice of Default shall not waive a Party's righ
to give future Notice of the same or any other Default. l
9.5 Default by Church. Subject to all other provisions of this Agreement, and after
termination of this Agreement in compliance with Sections 9.1 through 9.3, if
Church defaults, City shall have no obligation to perform any of City's obligations
under this Agreement, unless otherwise ordered by a Court of law. City's election
not to perform as permitted by this provision shall not constitute a Default.
9.6 Default by City. Subject to all other provisions of this Agreement, and after
termination of this Agreement in compliance with Sections 9.1 through 9.3, if City
Defaults, Church shall have no obligation to perform any of Church's obligations
under this Agreement, unless otherwise ordered by a Court of law. Church's
election not to perform as permitted by this provision shall not constitute a
Default.
9.7 Specific Performance. The Parties agree that the loss of any of their respective
rights under this Agreement may not be compensable by an award of monetary
damages. Therefore, except as otherwise specifically provided in this
Agreement, the remedy for a Default for each Party shall be limited to specific
performance and /or injunctive relief. This provision applies only to actions related
to the Parties' performance under this Agreement and does not.limit the remedie
of either Party under any other provision of law.
10. ENCUMBRANCES AND RELEASES ON PROPERTY
10.1 Discretion to Encumber. Church may encumber all or any portion of Church
Property in any manner. City acknowledges that lenders providing financing may
require technical modifications to this Agreement which do not materially alter the
intent of the Parties. City agrees to meet, upon request, with Church and /or
1 lenders to negotiate in good faith any lender request for modification. City agrees
not unreasonably to withhold its consent to such modification, provided the
proposed modification does not materially alter the Terms and provisions of this
Agreement, the obligations imposed upon either Party, or the benefits received by
either Party.
10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and
assigns, upon written request to City, shall be entitled to receive from City written
Notice of any Church Default at the same time Church is provided with Notice
pursuant to Section 6.3.
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11. MISCELLANEOUS PROVISIONS
11.1 Notices. All Notices shall be written and delivered by personal delivery (including
Federal Express and other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express mail, or telegram to
the addresses set forth below. Receipt shall be deemed complete as follows:
a. For personal delivery, upon actual receipt;
b. For registered, certified, or express mail, upon the delivery date or
attempted delivery date as shown on the return receipt; and
Notices shall be addressed as follows:
To City: City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: City Attorney
Attention: Planning Director
To Church: Reverend Bill Kirlin- Hackett
Newport Harbor Lutheran Church
798 Dover Drive
Newport Beach, CA 92663
President of the Church Council
Newport Harbor Lutheran Church
798 Dover Drive
Newport Beach, CA 92663
1 The addresses to which Notices shall be sent may be changed by giving Notice
of a new address.
11.2 Enforced Delay: Extension of Time of Performance. Neither Party shall be
deemed to be in Default where delays or non - performance are due to war,
insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills,
casualties, acts of nature, unavailability of materials, governmental restrictions
imposed or mandated by governmental entities, suspension of rights in
accordance with the existence of unforeseen circumstances, litigation, or similar
bases for excused performance. An extension of time for performance shall be
deemed granted for the period of the delay, or longer as may be mutually agreed
upon.
4�
11.3 Severability. If any material part of this Agreement is found by a Court to b
invalid, void, or illegal, the Parties shall modify this Agreement to implement th�
original intent of the Parties. These steps may include the waiver by either of the
Parties of their rights under the unenforceable provision. If, however, this
Agreement objectively cannot be modified to implement the original intent of the
Parties and the Party substantially benefited by the material provision does not
waive its rights under the unenforceable provision, this entire Agreement shall
become void. For purposes of this Section, and without excluding the possible
materiality of other provisions of this Agreement, all provisions of Sections 4 and
5 are deemed "material."
11.4 Entire Agreement. This Agreement constitutes the entire understanding and
Agreement of the Parties regarding the subject matter of this Agreement. This
Agreement supersedes all negotiations and previous agreements between the
Parties regarding that subject matter.
11.5 Waivers. All waivers of the provisions of this Agreement must be in writing and
signed by the Parry making the waiver.
11.6 Incorporation of Recitals. The Recitals set forth in Section 1 are part of this
Agreement.
11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall do anything whicl(
shall have the effect of harming or injuring the right of the other Party to receive
the benefits of this Agreement.
11.8 Covenant of Cooperation. City shall help Church obtain any permits from either
City or other public agencies which may be required for development of the
Property or as a result of any modifications, suspensions, or alternate courses of
action allowed by this Agreement. Church may challenge any such ordinance,
measure, moratorium, or other limitation in a court of law if it becomes necessary
ti to protect the development rights vested in Church Property pursuant to this
Agreement.
11.9 Further Actions and Instruments. Upon the request of either Party, the other
Party shall promptly execute, with acknowledgment or affidavit if reasonably
required, and file or record such required instruments and writings and take any
actions as may be reasonably necessary under the Terms of this Agreement or to
evidence or consummate the transactions contemplated by this Agreement.
11.10 Successors and Assigns. Subject to Section 7.3 above, the burdens of this
Agreement shall be binding upon, and the benefits of this Agreement inure to, all
successors -in- interest and assigns of the Parties.
50
11.11 Construction of Agreement. All language in all parts of this Agreement shall be
construed as a whole and given its fair meaning. The captions of the paragraphs
and subparagraphs are for convenience only and shall not be considered or
referred to in resolving questions of construction. This Agreement shall be
governed by the laws of the State of California. This Agreement is not intended
to impermissibly contract away the legislative and governmental functions of City,
and in particular, City's police powers or to surrender or abrogate City's
governmental powers over the Property.
11.12 Authority to Execute. The person executing this Agreement on behalf of Church
warrants and represents that he/she has the authority to do so and the authority
to bind Church to the performance of Church's obligations pursuant to
Congregational approval of this Agreement.
11.13 Consent. Any consent required by the Parties in carrying out the Terms of this
Agreement shall not unreasonably be withheld.
11.14 Effect on Title. This Agreement shall not continue as an encumbrance against
any portion of Church Property as to which this Agreement is terminated.
11.15 Recording. The City Clerk shall cause a copy of this Agreement to be executed
by City and recorded in the Official Records of Orange County no later than ten
(10) days after the Effective Date. The recordation of this Agreement is deemed
a ministerial act and the failure of City to record the Agreement as required by
this Section and Government Code Section 65868.5 does not make this
Agreement void or ineffective.
11.16 Institution of Legal Action. In addition to any other rights or remedies, either Party
may institute legal action to cure, correct, or remedy any Default, to enforce any
provision of this Agreement, to enjoin any threatened or attempted violation of
this Agreement, to recover damages for any Default, or to obtain any remedies
consistent with the purpose of this Agreement. Legal actions shall be instituted in
i the Superior Court of the County of Orange, State of California, or in the Federal
District Court in the Central District of California.
11.17 Attorneys' Fees. In any arbitration, quasi-judicial, administrative, or judicial
proceeding between the Parties initiated with respect to this Agreement, the
prevailing party shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
11.18 No Third Party Beneficiaries. There are no third party beneficiaries to this
Agreement or to any provision of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed on the day and year first below written.
51
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
a municipal corporation
By: By:
City Attorney City Manager
ATTEST:
0
City Clerk
NEWPORT HARBOR
LUTHERAN CHURCH
By:
F:1caAagUutheran1053097.doc
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STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 1997, before me, the undersigned, a Notary Public in and
for the State, personally appeared Kevin Murphy, City Manager, known to me to
be the Mayor of the City of Newport Beach and LaVonne Harkless, known to me to be the City
Clerk of the City of Newport Beach, known to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On 1997, before me,
personally appeared
.personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her/their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
Signature
(This area for official notaries seal)
53
To:
Office of Planning and Research
Fx-xl 1400 Tenth Street, Room 121
Sacramento, CA 95814
171 County Clerk, County of Orange
Public Services Division
P.O. Box 238
Santa Ana, CA 92702
From: City of Newport Beach
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(Orange County)
Filed in the County of Orange, California
Gar L. Granville, Clark/Recorder
IIINII�III��IB�INIR��III�IN8��1� 38•Q�
19978000435 3:59pm 05/21/97
856 6088622 06 38
Z61 1 38.00
Public review period: May 21, 1997- June 20, 1997
Name of Project: Newport Harbor Lutheran Church
Project Location: 798 Dover Drive, located on the southeasterly corner of Dover Drive and 16th
Street
Project Description: General Plan Amendment No. 95 -2 (E), Local Coastal Program Amendment No. 47,
Amendment No. 860 and Development Agreement No. 10. Request to amend the Land Use Element of the General Plan
and the Local Coastal Program Land Use Plan to increase the permitted level of development, on the Newport Harbor
Lutheran Church site. The application also includes a request to approve a Development Agreement between the City of
Newport Beach and the Newport Harbor Lutheran Church.
Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the
California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined
that the proposed project would not have a significant effect on the environment.
Ak A copy of the Initial Study containing the analysis supporting this finding is ❑iC attached ❑ on file at the Planning
Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts.
This document will be considered by the decision - makers) prior to final action on the proposed project. If a public hearing will
be held to consider this project, a notice of the time and location is attached.
Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you
would like to examine these materials, you are invited to contact the undersigned.
If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing
prior to the close of the public review period. Your comments should specifically identify what environmental impacts you
believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be
adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also
invited to attend and testify as to the appropriateness of this document.
If you have questions or would like further information, please contact the undersigned at (714) 644 -3200.
Date May 21, 1997
Javier S Garcia J
Senior Planner
F:\USERS \PLN\SHARED \I PLANCOM\PENDINGW HLUTHRN\NEGDEC.DOC
C
L
(WY OF NEWPORT BEOH
'
p0
T E D
P.O. Box 1768
3300 Newp ort Boulevard -
7
AY
Newport Beach, CA 92658 -8915
AFE
(714) 644 -3225
GARecorderl
epRV .��+
sy
�e'pEoIPl1TY
I
NEGATIVE DECLARATION
By DEPUTY
To:
Office of Planning and Research
Fx-xl 1400 Tenth Street, Room 121
Sacramento, CA 95814
171 County Clerk, County of Orange
Public Services Division
P.O. Box 238
Santa Ana, CA 92702
From: City of Newport Beach
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(Orange County)
Filed in the County of Orange, California
Gar L. Granville, Clark/Recorder
IIINII�III��IB�INIR��III�IN8��1� 38•Q�
19978000435 3:59pm 05/21/97
856 6088622 06 38
Z61 1 38.00
Public review period: May 21, 1997- June 20, 1997
Name of Project: Newport Harbor Lutheran Church
Project Location: 798 Dover Drive, located on the southeasterly corner of Dover Drive and 16th
Street
Project Description: General Plan Amendment No. 95 -2 (E), Local Coastal Program Amendment No. 47,
Amendment No. 860 and Development Agreement No. 10. Request to amend the Land Use Element of the General Plan
and the Local Coastal Program Land Use Plan to increase the permitted level of development, on the Newport Harbor
Lutheran Church site. The application also includes a request to approve a Development Agreement between the City of
Newport Beach and the Newport Harbor Lutheran Church.
Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the
California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined
that the proposed project would not have a significant effect on the environment.
Ak A copy of the Initial Study containing the analysis supporting this finding is ❑iC attached ❑ on file at the Planning
Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts.
This document will be considered by the decision - makers) prior to final action on the proposed project. If a public hearing will
be held to consider this project, a notice of the time and location is attached.
Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you
would like to examine these materials, you are invited to contact the undersigned.
If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing
prior to the close of the public review period. Your comments should specifically identify what environmental impacts you
believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be
adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also
invited to attend and testify as to the appropriateness of this document.
If you have questions or would like further information, please contact the undersigned at (714) 644 -3200.
Date May 21, 1997
Javier S Garcia J
Senior Planner
F:\USERS \PLN\SHARED \I PLANCOM\PENDINGW HLUTHRN\NEGDEC.DOC
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P O S T E Ef,JOY OF NEWPORT BEACH
MAY 2 1 1997 3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
GARY E. GRANVILLE. Clerk-Reorder (714) 644 -3225
BY DEPUTY
NEGATIVE DECLARATION
To:
Office of Planning and Research
Fx_X 1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk, County of Orange
XX Public Services Division
P.O. Box 238
Santa Ana, CA 92702
FILED
MAY 2 1 1997
GARY L. GRANVILLE, Clark - Recorder
OY DEPUTY
From: City of Newport Beach
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(Orange County)
Date received for filing at OPR/County Clerk:
Public review period: May 21, 1997- June 20, 1997
Name of Project: Newport Harbor Lutheran Church
Project Location: 798 Dover Drive, located on the southeasterly corner of Dover Drive and 16th
Street
Project Description: General Plan Amendment No. 95 -2 (E), Local Coastal Program Amendment No. 47,
Amendment No. 860 and Development Agreement No. 10. Request to amend the Land:Use Element of the General Plan
and the Local Coastal Program Land Use Plan to increase the permitted level of development, on the Newport Harbor
Lutheran Church site. The application also includes a request to approve a Development Agreement between the City of
Newport Beach and the Newport Harbor Lutheran Church.
Finding: Pursuant to the provisions of City Council K -3 pertaining to procedures and guidelines to implement the
California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and determined
that the proposed project would not have a significant effect on the environment.
A copy of the Initial Study containing the analysis supporting this finding is Z attached ❑ on file at the Planning
Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts.
This document will be considered by the decision - makers) prior to final action on the proposed project. If a public hearing will
be held to consider this project, a notice of the time and location is attached.
Additional plans, studies and/or exhibits relating to the proposed project may be available for public review. If you
would like to examine these materials, you are invited to contact the undersigned.
If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing
prior to the close of the public review period. Your comments should specifically identify what environmental impacts you
believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be
adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also
invited to attend and testify as to the appropriateness of this document.
If you have any, ques ions or would like further information, please contact the undersigned at (7I4) 644 -3200.
Date May 21, 1997
Javier S ifarcia
Senior Planner
F:kUSERS1PLN\SHAREDVI PLANCObnPENDINGINHLUTHRN \NEGDEC.DOC
1.
2.
3.
(� 0
INITIAL STUDY
CITY OF NEWPORT BEACH
ENVIRONMENTAL CHECKLIST FORM
Project Title: Newport Harbor Lutheran Church
Lead Agency Name and Address:
City of Newport Beach .
Planning/Building Department
3300 Newport Boulevard,
Newport Beach, CA 92658 -8915
Contact Person and Phone Number: Javier S. Garcia
(714) 644 -3200
4. Project Location: 798 Dover Drive
located on the southeasterly corner of Dover Drive and 16th
Street /Castaways Lane.
5. Project Sponsor's Name and Address: City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, Ca. 92659 -1768
6. General Plan Designation: Governmental, Educational and Institutional Facilities
7. Zoning: PC, (Newport Harbor Lutheran Church Planned Community)
8. Description of Project:
The project involves the approval of a General Plan Amendment; an amendment to the
1 Local Coastal Program Land Use Plan; an amendment to establish the Newport Harbor
Lutheran Church Planned Community District Regulations (establish specific zoning
requirements related to, among other things, intensity of use entitlement, land use, setbacks,
building heights and parking regulations); and the approval of a Development Agreement
between the City of Newport Beach and the Newport Harbor Lutheran Church. These
applications, if approved, will allow for the construction of a 30,000 square foot
expansion to the existing Newport Harbor Lutheran Church Design plans of the
expansion have not been fully developed, but may include: the construction of a new or
additional sanctuary facilities, additional classrooms for the pre - school and K -6 (to
accommodate increased enrollment) and additional administrative offices associated with
the church facility. In accordance with the proposed Newport Harbor Lutheran Church
Planned Community District Regulations, a site plan review will be required to address
Newport Harbor Lutheran Church
NEG DEC - CHECKLIST
Page 1
1
the design specifics0the project development. This requeseso includes the exchange of
land to facilitate the provision of parking for the view park on the Upper Castaways site.
The site is comprised of approximately 3.006 acres and is currently occupied by the
Newport Harbor Lutheran Church facility which contains approximately 10,152 sq.ft. and
provides pre - school, sanctuary and related administrative offices.
9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.)
The site is currently developed with an existing 10,152 sq.ft. church facility with a sanctuary,
pre - school, administrative offices and parsonage. The site is bounded to the north by 16th
Street/Castaways Lane, Bob Henry Park and the Castaways Residential Development beyond. To
the east, and south are portions of the Castaways Residential Development; and to the west,
across Dover Drive is a commercial building and uses.
10. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement.)
California Coastal Commission
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
leash one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following
pages.
❑
Land Use Planning
0 Transportation/
❑
Public Services
Circulation
❑
Population & Housing
❑ Biological Resources
❑
Utilities & Service
Systems
❑
Geological Problems
❑ Energy & Mineral
❑
Aesthetics
Resources
❑
Water
❑ Hazards
❑
Cultural Resources
❑
Air Quality
❑ Noise
❑
Recreation
❑ Mandatory Findings of
Significance
Newport Harbor Lutheran Church
NEG DEC - CHECKLIST
Page 2
r,9
1 { 0
DETERMINATION (1 � e completed by the Lead Agency.)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.. 0
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the
project. A NEGATIVE DECLARATION will be prepared. ❑
I find that the proposed project MAY have a significant effect on the
environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑
I find that the proposed project MAY have .a significant effect(s) on the
environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact"
or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain
to be addressed. ❑
I find that although the proposed project could have a significant effect
on the environment, there WILL NOT be a significant effect in this case because
all potentially significant effects (a) have been analyzed adequately in an earlier
EIR pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are
imposed upon the proposed project. ❑
M1N`^t iLLi.
Signat
Javier S. Garcia
Printed Name
May 21, 1997
Date
F:IUSERSIPLNISHAREDkI PLANCOMIPENDINGWHLUTHWCKLIST.DOC
Newport Harbor Lutheran Church
NEG DEC - CHECKLIST
Page 3
r�
I. LAND USE AND PLANNING.
Would the proposal:
a) Conflict with general plan
designation or zoning? ( )
b) Conflict with applicable environ-
mental plans or policies adopted by
agencies with jurisdiction over the
project? ( )
C) Be incompatible with existing land
use in the vicinity? ( )
d) Affect agricultural resources or
operations (e.g. impacts to soils or
farmlands, or impacts from
incompatible land uses)? ( )
e) Disrupt or divide the physical
arrangement of an established
community (including a low- income
or minority community)?
II. POPULATION AND HOUSING.
Would the proposal:
a) Cumulatively exceed official
regional or local population
projections ?( )
b) Induce substantial growth in an area
1 either directly or indirectly (e.g.
through projects in an undeveloped
area or extension of major
infrastructure)? ( )
c) Displace existing housing,
especially affordable housing?
111. GEOLOGIC PROBLEMS.
Would the proposal result in or
expose people to potential impacts
involving:
Potentially Potentially Less than NL
Significant Significant Significant Impac
Impact Unless Impact
Mitigation
Incorporated
❑
❑
❑
jl
❑
❑
❑
B
❑
❑
❑
jl
❑
❑
❑
0
❑
❑
❑
p
o
❑
❑
p
❑
❑
❑
❑
❑
❑
Newport Harbor Lutheran Church
NEG DEC - CHECKLIST
Page 4
sq
Potentially
Poteray
Lessthan
No
Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
Incorporated
a)
Fault rupture?(
❑
❑
❑
0
b)
Seismic ground shaking(
❑
❑
❑
0
C)
Seismic ground failure, including
❑
❑
-13
0
liquefaction? ( )
d)
Seiche, tsunami, or volcanic
❑
❑
❑
0
hazard? ( )
e)
Landslides or mudflows? ()
❑
❑
❑
0
f)
Erosion, changes in topography or
❑
❑
❑
0
unstable soil conditions from
excavation, grading, or fill? ( )
g)
Subsidence of the land? ()
❑
❑
❑
0
h)
Expansive soils? ()
❑
❑
❑
0
1)
Unique geologic or physical
❑
❑
❑
0
features?
IV. WATER.:
Would the proposal result in:
a)
Changes in absorption rates,
❑
❑
❑
0
drainage patterns, or the rate and
amount of surface runoff? ( )
b)
Exposure of people or property to
❑
❑
❑
0
water related hazards such as
flooding? ( )
i
c)
Discharge into surface waters or
❑
❑
❑
0
other alteration of surface water
quality (e.g. temperature, dissolved
oxygen or turbidity)? ( )
d)
Changes in the amount of surface
❑
❑
❑
0
water in any water body? ( )
e)
Changes in currents, or the course
❑
❑
❑
0
or direction of water movements?
4
Newport Harbor Lutheran Church
NEG DEC-CHECKLIST
Page 5
�0
Newport Harbor Lutheran Church
NEG DEC - CHECKLIST
Page 6
l
Poten*
Less than
Potentially
R
Significant
Significant
Significant
Imp&
Impact
Unless
Impact
Mitigation
Incorporated
f)
Change in the quantity of ground
❑
❑
❑
0
waters, either through direct
additions or withdrawals, or through
interception of an aquifer by cuts or
excavations or through substantial
loss of groundwater recharge
capability? ( )
g)
Altered direction or rate of flow of
❑
❑
❑
0
groundwater? ( )
h)
Impacts to groundwater quality?
❑
❑
❑
E7(
1)
Substantial reduction in the amount
❑
❑
❑
of groundwater otherwise available
for public water supplies? ( )
V.
AIR QUALITY.
Would the proposal:
a)
Violate any air quality standard or
❑
❑
❑
contribute to an existing or
projected air quality violation? ( )
b)
Expose sensitive receptors to
❑
❑
❑
pollutants? ( )
C)
Alter air movement, moisture, or
❑
❑
❑
temperature, or cause any change
in climate ?( )
d)
Create objectionable odors? ( )
❑
❑
❑
ro
VI.
TRANSPORTATION/CIRCULATION
Would the proposal result in impacts
to:
,a)
Increased vehicle trips or traffic
El
❑
❑
❑
congestion? ( )
b)
Hazards to safety from design
❑
❑
❑
El
features (e.g. sharp curves or
dangerous intersections) or
incompatible uses (e.g. farm
equipment? ( )
Newport Harbor Lutheran Church
NEG DEC - CHECKLIST
Page 6
l
(•
C) Inadequate emergency access or
access to nearby uses? ( )
d) Insufficient parking capacity on -site
or off -site? ( )
e) Hazards or barriers for pedestrians
or bicyclists? ( )
f) Conflicts with adopted policies
supporting alternative transportation
(e.g. bus turnouts, bicycle racks)?
O
g) Rail, waterborne or air traffic
impacts?( )
VII. BIOLOGICAL RESOURCES.
Would the proposal result in impacts
to:
a) Endangered, threatened or rare
species or their habitats (including but
not limited to plants, fish, insects,
animals, and birds)? ( )
b) Locally designated species (e.g.
heritage trees)? ( )
C) Locally designated natural
communities (e.g. oak forest, coastal
habitat, etc.)? ( )
d) Wetland habitat (e.g. marsh, riparian
and vernal pool)? ( )
e) Wildlife dispersal or migration
1 corridors? ( )
VIII. ENERGY & MINERAL RESOURCES
Would the proposal:
a) Conflict with adopted energy
conservation plans? ( )
b) Use non - renewable resources in a
wasteful and inefficient manner?
❑ ❑ ❑ p
❑
❑
❑
❑
*y
❑
r
Potentially
Poten
Less than
No
Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
Incorporated
❑
❑
❑
❑
❑
❑
❑
❑
❑
p
❑
❑
❑
E
❑ ❑ ❑ p
❑
❑
❑
❑
❑
❑
p
�.
Newport Harbor Lutheran Church
NEG DEC - CHECKLIST
Page 7
�a
C) Result in the loss of availability of a
known mineral resource that would
be of future value to the region and
the residents of the state? ( )
IX. HAZARDS.
Would the proposal involve:
a) A risk of accidental explosion or
release of hazardous substances
(including, but not limited to: oil,
pesticides, chemicals or radiation)?
b) Possible interference with an
emergency response plan or
emergency evacuation plan? ( )
C) The creation of any health hazard or
potential health hazard? ( )
d) Exposure of people to existing
sources of potential health hazards?
e) Increased fire hazard in areas with
flammable brush, grass, or trees?
X. NOISE.
1 Would the proposal result in:
a) Increases in existing noise levels?
b) Exposure of people to severe noise
levels? ( )
XI. PUBLIC SERVICES.
Would the proposal have an effect .
upon, or result in a need for new or
altered government services in any
of the following areas:
❑
❑
❑
Potentially
Potentle
Less than t
Significant
Significant
Significant Imps.
Impact
Union
Impact
❑
Mitigation
❑
0
Incorporated
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
0
❑
❑
❑
0
❑
❑
❑
0
❑
❑
0
❑
❑
❑
❑
Newport HuburLuthmn Church
NEG DEC - CHECKLIST
Page 8
0
Potentially
Poteno
Less than
No
Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
Incorporated
�-
a)
Fire protection? ( )
❑
❑
❑
0
b)
Police protection? ( )
❑
❑
❑
�(
C)
Schools? ( )
❑
❑
❑
0
d)
Maintenance of public facilities,
❑
❑
❑
0
including roads? ( )
e)
Other governmental services? ( )
❑
❑
❑
0
XII.
UTILITIES & SERVICE SYSTEMS.
Would the proposal result in a need
for new systems or supplies, or
substantial alterations to the
following utilities?
a)
Power or natural gas? ( )
❑
❑
❑
0
b)
Communications systems? ( )
❑
❑
❑
0
C)
Local or regional water treatment or
❑
❑
❑
distribution facilities? ( )
d)
Sewer or septic tanks? ( )
❑
❑
❑
e)
Storm water drainage? ( )
❑
❑
❑
f)
Solid waste disposal? ( )
❑
❑
❑
g)
Local or regional water supplies?
❑
❑
❑
0
XIII.
AESTHETICS.
Would the proposal:
.a)
Affect a scenic vista or scenic
❑
❑
❑
�.
highway? ( )
b)
Have a demonstrable negative
❑
❑
❑
0
aesthetic effect? ( )
C)
Create light or glare? ( )
❑
❑
0
❑
d)
Affect a coastal bluff? ( )
❑
❑
❑
0
Newport Harbor Lutheran Church
NEG DEC - CHECKLIST
Page 9
I
Newport Harbor Lutheran Chmh
NEG DEC - CHECKLIST
Page 10
Potentially
Potent
Less than
No
Significant
Significant
Significant
Impact
Impact
Unless
Impact
Mitigation
Incorporated
XIV.
CULTURAL RESOURCES. Would
the proposal:
a)
Disturb paleontological resources?
❑
❑
❑
b)
Disturb archaeological resources?
❑
❑
❑
C)
Affect historical resources? ( )
❑
❑
❑
0
d)
Have the potential to cause a
❑
❑
❑
0
physical change which would affect
unique ethnic cultural values? ( )
e)
Restrict existing religious or sacred
❑
❑
❑
uses within the potential impact
area? ( )
XV.
RECREATION.
Would the proposal:
a)
Increase the demand for
❑
❑
❑
neighborhood or regional parks or
other recreational facilities? ( )
b)
Affect existing recreational
❑
❑
❑
opportunities? ( )
XVI.
MANDATORY FINDINGS OF
SIGNIFICANCE.
A)
Does the project have the potential
❑
❑
❑
0
to degrade the quality of the
1
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self -
sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of the
major period of California history or
prehistory?
Newport Harbor Lutheran Chmh
NEG DEC - CHECKLIST
Page 10
1
The prof. A Owport Harbor Lutheran CQ, - Alanned
Community District regulations will designate the specific zoning
restrictions of the site in the form of development standards. This
project is located inside the Coastal Zone Boundary, therefore a
Coastal Permit is required. The proximity of residential uses will not
be significantly impacted by the traffic generated by the proposed
use, since the proposed use will not significantly increase trip
endings during the a.m. and p.m. peak hours.
Il. Population and Housing
Population
The proposed project is non - residential and therefore will not cause
any growth or reduction in the area's population.
Housing
No additional housing demand would result from the project since
only a minor employment increase is anticipated.
III. Geologic Problems (Earth)
The proposed project would be built on a level developed site.
Compliance with the City Excavation and Grading Code (NBMC
Sec. 15.04.140), which are a part of standard grading operations, will
reduce any potential impacts to an insignificant level.
IV. Water
The proposed project would take place on a site that, is already
developed, therefore no drainage impacts would be anticipated.
Provisions for drainage requirements are contained in the City
Excavation and Grading Code. The project is located outside flood
hazard area.
V. Air Quality
During the course of construction some dust and objectionable odor
from diesel exhaust and asphalt paving may be created. However,
dust will be minimized as a result of site watering required by The
City and Air Quality Management District regulations. Odor effects
shall be eliminated upon the completion of the project. No
additional stationary equipment is proposed that could generate
additional emission as part of the project.
VI. Transportation /Circulation /parking
Currently the parcel is occupied by the existing religious facility
with access driveways from 16th Street/CastawaysLane. Additional
CHECKLIST EXPLANATIONS
Page 2
("tad
1,V
vehicular i. lenent will be generated as a result Oe proposed
development. The City's Traffic Engineer has reviewed the proposal
and determined that based on traffic data of published sources, trip
generation rate for the proposed expanded facility would generate an
increase in excess of 300 or more trips per day. Therefore, in
accordance with the City's Traffic Phasing Ordinance a
comprehensive traffic study will be required. It is anticipated that the
traffic study will be performed in conjunction with the site plan
review process which is required for the project. Significant traffic
impacts associated with the proposed church expansion project will
be identified at that time. The following condition of approval is
suggested prior to approval of the site plan review for the project.
Condition of Approval No. 1. That prior to submittal of the site plan application, a
traffic study shall be performed for the subject church expansion and
any mitigation measures identified in that study shall be incorporated
into the project as conditions of approval.
The project proposes to establish 163 parking spaces for the facility
and related uses. It is anticipated that the parking provided will
adequately meet the demands of the proposed expanded religious
facility.
No significant problems associated with the proposed expansion
have been identified at this time.
VII. Biological Resources (Plant and Animal Life)
Plant Life
The proposed site is located in a partially developed area of the City
and the project will not affect any natural vegetation.
Animal Life
The project is located in an urbanized area of the community and no
significant impact to wildlife would be anticipated. A Certificate of
Fee Waiver and De Minimus Impact Finding has been filed with the
County Clerk.
VIII. Energy and Mineral Natural Resources
Energy
No significant increase in the use of energy is anticipated.
Natural Resources
CHECKLISTEXPLANATIONS
Page 3
0
The use of Ural resources will not be significantIO acted by this "
project.
IX. Hazards
The proposed project does not utilize hazardous materials on -site, no
adverse affect on human health is anticipated.
Risk of Upset
The proposal does not include the removal of any underground
gasoline storage tank.
X. Noise
Existing noise levels are anticipated to be increased during the
construction period primarily due to construction related activities.
Construction noise is short term and insignificant since construction
time is expected to be short due to the scope of the project and
construction hours are limited to the hours of operation regulated
through the provisions contained in the City Noise Control
Regulations (NBMC Chapter 10.28).
XI. Public Services
There are sufficient public or governmental services that serve the
area and the project would not create additional demand for these
services.
XII. Utilities and Service Systems
The site has already been served by the utility System and no
significant alteration or expansion of existing utility system is
anticipated.
ti XIII. Aesthetics
The site is located adjacent to a residential zone, and the proposed
religious facility would not result in any significant aesthetic impacts
as compared to other adjacent residential or recreational (park
facilities) uses.
Light and Glare
If exterior lighting is required, the proposed project could produce
light and glare that would adversely affect the adjacent residential
properties. However, the site plan review which is required in
CHECKLIST EXPLANATIONS
Page 4
96
conjunctio * the project will ensure that the imp* of light and
glare will be reduced to a level of insignificance.
XIV. Cultural Resources
nce�
The parcel has been developed previously and no archaeological or
paleontological resources are expected to exist on this site. There is
no impact on the cultural resources or historic structures.
XV. Recreation
Recreational activities and opportunities would not be affected by
the project.
XVI. Mandatory Findings of Significance
1. On the basis of the foregoing analysis, the proposed project does not
have the potential to significantly degrade the quality of the
environment.
2. There are no long -term environmental goals that would be
compromised by the project.
3. No cumulative impacts are anticipated in connection with this or
other projects.
;W a
4. That there are no known substantial adverse effects on human beings
that would be caused by the proposed project.
i
F:\USERS\PLN\SRAREDNIPLANCOM\PENDING\NHLUTHRNkEXPLAN.DCC
CHECKLIST EXPLANATIONS
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