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HomeMy WebLinkAbout08/11/2005 - Adjourned Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting August 11, 2005 — 6:00 p.m. A. ROLL CALL Present: Council Member Selich; Council Member Rosansky; Mayor Pro Tom Webb; Mayor Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols B. PLEDGE OF ALLEGIANCE - Council Member Daigle C. INVOCATION - City Manager Bludau D. PUBLIC HEARING 1. ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION (PA2002 -265) - GENERAL PLAN AMENDMENT, ZONE CHANGE & USE PERMIT - 600 ST. ANDREWS ROAD, CLIFF HAVEN /NEWPORT HEIGHTS AREA. [681100- 20051 Mayor Heffernan requested that the audience members divide themselves in the Council Chambers, with opponents to the project seated on one side of the room and proponents on the other. Mayor Heffernan read an outline of how the current meeting would be conducted. Mayor Heffernan and City Clerk Harkless explained how public testimony would take place at the current meeting. Representing the applicant, Ken Williams, Chair of the Building Committee at St. Andrew's Presbyterian Church, used a PowerPoint presentation to provide an overview of the project's history. Using a PowerPoint presentation, Brad Hillgren, St. Andrew's church member and President of a Lowe's Enterprises segment, provided land use information on the project. Carl McLarand, President ofMcLarand Vasquez Emsiek and the architect for the St. Andrew's project, provided information on the design of the project. John Rochford, President of Snyder Langston, the contractor for the project, discussed additional aspects of the project. Representing the opponents to the project, Brian Brooks, President of the Cliff Haven Homeowners Association, introduced the individuals who would provide the presentation on behalf of those opposed to the project. Using a PowerPoint presentation, Don Krotee, President of Newport Heights Improvement Association, provided the reasons why the project should be denied Volume 57 - Page 374 City of Newport Beach City Council Minutes August 11, 2005 and why there is opposition to its proposed size. Bill Dunlap, representing the Cliff Haven residents, discussed the unique character of the neighborhood. Senior Planner Jim Campbell noted the memorandum that he distributed prior to the start of the meeting and explained that it describes the formatting changes that need to be made to the mitigation and monitoring reporting program. Rob Coldren stated that it was his law firm that conducted the traffic studies referred to in the presentation given by Mr. Krotee. Mayor Heffernan explained the procedure that would be followed for giving public testimony. City Clerk Harkless randomly drew three speaker cards from the cards submitted by the members of the audience, as would be done throughout the public testimony period. (The cities where the speakers live will be provided in these minutes, if given by the speaker and if not in Newport Beach). Eleanor Rebard spoke in opposition to the project. Novell Hendrickson spoke in support of the project. Nigel Bailey spoke in support of the project. Mike Mendenhall spoke in opposition to the project. Mel Kiddie spoke in opposition to the project. Meredith Cox, Cerritos, spoke in support of the project. Marion Pickens spoke in support of the project. Merideth Fleener spoke in support of the project. John Lehman spoke in support of the project. Dave Davis spoke in support of the project. Bill Dunlap spoke in opposition to the project. Jake Easton spoke in support of the project. Frank Adler spoke in opposition to the project. Evangeline Burtch- Farrell spoke in support of the project. J. J. Frei spoke in support of the project. Karen Taillon spoke in support of the project. Kelly Hillman spoke in support of the project. John Manchester spoke in support of the project. Volume 57 - Page 375 City of Newport Beach City Council Minutes August 11, 2005 Tom Billings spoke in opposition to the project. Jann Dunlap spoke in opposition to the project. Camron Holmes spoke in support of the project. Barbara "Corki' Rawlings spoke in opposition to the project. John Sturgess provided a handout and spoke in opposition to the project. Erick Coughlin spoke in support of the project. Heather Somers, Costa Mesa, spoke in support of the project. Joan McCauley spoke in opposition to the project. Bill Simons spoke in support of the project. Tim Woodall spoke in opposition to the project. Shannon Forsythe spoke in support of the project. Judy Tracy spoke in support of the project. David Ow, Costa Mesa, spoke in support of the project. Kim Jansma spoke in opposition to the project. Harry Hamilton spoke in support of the project. Rob Coldren spoke in opposition to the project. Katie Wahrenbrock spoke in support of the project. Madison Kawakami spoke in support of the project. Ron Hendrickson spoke in support of the project. Waverly Lassila displayed a map showing the results of a neighborhood poll and spoke in opposition to the project. Jessica Ludwig spoke in support of the project. Lucy Pantoskey spoke in opposition to the project. Jim Johnson spoke in support of the project. Dave Rockness spoke in support of the project. Monica Mazur spoke in opposition to the project. Heather Hogle spoke in opposition to the project. Kristine Arnold, Costa Mesa, spoke in support of the project. Nancy Kiddie spoke in opposition to the project. Volume 57 - Page 376 City of Newport Beach City Council Minutes August 11, 2005 Neal Wells spoke in support of the project. Jill Kanzler spoke in support of the project. Donna Scott spoke in opposition to the project. Donna Rutherford spoke in opposition to the project. Don Krotee spoke in opposition to the project. Cory Adler spoke in opposition to the project. Ernest Adams spoke in opposition to the project. Phil Willms spoke in opposition to the project. Pam Davies spoke in opposition to the project. Carol Blanchard, Leisure World, spoke in support of the project. Philip Bettencourt spoke in support of the project. Bill Davies spoke in opposition to the project. Amy Tennyson, Costa Mesa, spoke in support of the project. David Grant spoke in opposition to the project. Jim Carmack spoke in opposition to the project. Tom Starr spoke in support of the project. Jon Marchiorlatti spoke in support of the project. Lynda Adams spoke in opposition to the project. Tom Collis presented photos of homes in the neighborhood displaying "No Expansion" signs and spoke in opposition to the project. Lisa George spoke in opposition to the project. Mayor Heffernan recessed the meeting at 10:11 p.m. Mayor Heffernan reconvened the meeting at 10:26 p.m. with all Council Members present. Jeff Martin spoke in opposition to the project. James Robertson spoke in support of the project. Rick Liebermann spoke in opposition to the project. Allan Beek spoke in opposition to the project. Jim Connelly spoke in opposition to the project. Volume 57 - Page 377 City of Newport Beach City Council Minutes August 11, 2005 Carrie Slayback spoke in opposition to the project. Judy Johnson spoke in support of the project. Steve Johnson spoke in support of the project. Larry Porter spoke in opposition to the project. Vince Roman spoke in support of the project. Sheryl Roman spoke in support of the project. Patricia Courteau spoke in support of the project. Willard Courtney spoke in opposition to the project. David Guder spoke in support of the project. Portia Weiss spoke in opposition to the project. Debra Schulze spoke in support of the project. Dick England spoke in opposition to the project. Louis Matteson spoke in support of the project. Jan Vandersloot spoke in opposition to the project. Mr. Krotee provided the closing statement for the opponents to the project. Dr. John Huffman provided the closing statement for the proponents of the project and played a short video. Mayor Heffernan confirmed with the proponents that they agree to the 82 conditions set on the project by the Planning Commission and have no requests for changes. Senior Planner Campbell responded to the substantive statements made during the public testimony by Mr. Krotee and received in writing, earlier in the day, from Comprehensive Planning Services on the Environmental Impact Report (EIR); and concluded that the analysis in the EIR is valid and that the EIR can be certified. Planning Director Temple responded to another speaker who stated that certain sections of the EIR are flawed or inadequate, but didn't provide a reason or present evidence to support the comment. She explained that comments of that nature are given little credence by the California Environmental Quality Act (CEQA). City Attorney Clauson confirmed that the City Council would not be setting a precedent under the Religious Land Use and Institutionalized Persons Act (RLUIPA) if it approved the project, as indicated by an earlier speaker. Council Member Nichols provided his comments on the project; noting that the church has agreed to the 82 conditions set by the Planning Commission and shown remarkable compromise. He addressed several of the concerns raised by the residents. He felt that the project was a good one. Senior Planner Campbell reported that staff has no comments or changes to the 82 Volume 57 - Page 378 City of Newport Beach City Council Minutes August 11, 2005 conditions of approval set by the Planning Commission Mayor Pro Tem Webb provided his comments on the project; and noted the importance of placing greater consideration on the concerns of the nearby neighbors. He expressed several concerns, and suggested that if the project is approved that the building that houses the gymnasium not encroach into the parking lot, as proposed, and that the evening occupancy numbers be decreased. Council Member Ridgeway provided his comments on the project; noting his satisfaction with the conditions set on the project by the Planning Commission. He stated that the conditions are stringent and can be enforced. He felt that the project would benefit the neighborhood, as well as the community at- large, but that he could support a smaller project, as recommended by Mayor Pro Tern Webb. He agreed that the functions do appear that they could be accommodated in a smaller building. Council Member Rosansky provided his comments on the project; noting the numerous amount of communication received on the project and agreeing that the emphasis needs to be placed on the concerns expressed by the local community. He, additionally, expressed his support for the good work done by St. Andrews and felt that the project would provide a benefit to the community. He supported the project being approved, but at a reduced size and with reduced occupancy limits. Council Member Nichols provided additional comments on the project; and expressed his support for the details included in the project, the intentions of the proponents and their acceptance of the conditions set by the Planning Commission. Council Member Daigle provided her comments on the project; expressing her support for youth programs, as well her understanding of the neighbors concerns for traffic. She stated that solutions to improving quality of life need to be looked at comprehensively. She expressed support for moving forward with a smaller project and one that will benefit the community. Council Member Selich provided his comments on the project; noting his experience with addressing the issue as a Planning Commissioner and the attempts to reach resolution. He suggested that multiple uses within the facility be increased, which would allow for a smaller project. He additionally noted that the parking ratio was one of the more controversial decisions that had to be made by the Planning Commission, with a 1:3 ratio finally suggested. He stated that his own research suggests that it should be lower, and expressed support for looking at a smaller facility, as well as reducing the parking ratio and tying occupancy to parking. In response to questions of the City Council, Planning Director Temple explained that the City's parking standard for churches is based on occupancy in the main sanctuary. The Planning Commission took into consideration the total occupancy of all facilities at the site. Mayor Heffernan provided his comments on the project; expressing his concern for how contentious the issue has been and his dissatisfaction that the representatives of St. Andrew's and the neighborhood could not reach a compromise. He stated that they need to get along and suggested that the St. Andrews representatives again consider their proposal. Volume 57 - Page 379 City of Newport Beach City Council Minutes August 11, 2005 Mayor Heffernan recessed the meeting at 12:15 a.m Mayor Heffernan reconvened the meeting at 12:42 a.m. with all Council Members present. Mr. Hillgren expressed St. Andrew's understanding that the primary concern appears to be one of intensity of use and stated that St. Andrew's is prepared to make modifications to how the occupancy at the facility is managed. Specifically, he stated that St. Andrew's could agree to a limit of 400 occupants two evenings a week, 600 occupants three evenings a week and 1200 occupants the other two evenings of the week. Additionally, regarding the design challenges, Mr. Hillgren stated that St. Andrew's goal would be to reduce their request by 2,000 feet to roughly 19,000 square feet. Additionally, St. Andrew's agreed to increase the number of parking spaces provided to the students on the weekdays from 35 to 80. Lastly, Mr. Williams stated that St. Andrews is willing to cap any future requests for additional square footage on the existing property if the approved square footage is something that St. Andrew's can work with. Council Member Rosansky felt that 19,000 square feet was still too big, and that the church's stated need for creating a youth and family center could be accomplished within a smaller facility. Additionally, he wanted to see the promise to cap future requests formalized and more than 80 parking spaces devoted to the school. He expressed satisfaction with the stated occupancy limits. In response to Council Member Selich's question, Mr. Hillgren stated that the church is not prepared to limit Sunday morning occupancies. Council Member Nichols stated that the church has compromised enough, and more than should be expected. In response to questions by the City Council, City Attorney Clauson stated that without a development agreement, there would not be a way to formalize a permanent cap. Council Member Daigle expressed her support for the occupancy limits suggested by the church, but preferred to see something between 10,000 and 19,000 square feet. Council Member Ridgeway reminded everyone that there is a community -wide benefit to the project, but also felt that 19,000 square feet would not be supported by the City Council. He suggested that 15,000 could possibly be supported. Mr. Hillgren asked for some additional time for the St. Andrews representatives to consider the issue. Motion by Council Member Rideewav to adopt Resolution No. 2005 -43 certifying the Environmental Impact Report and adopting a Mitigation Monitoring Program, with the formatting changes recommended by staff, regarding the St. Andrews Presbyterian Church expansion project (State Clearinghouse No. 2003081065. In response to questions by the City Council, Planning Director Temple confirmed that the CEQA process allows the City Council to approve a project that is something less than identified in the EIR. Ayes: Council Member Selich; Council Member Rosansky; Mayor Volume 57 - Page 380 City of Newport Beach City Council Minutes August 11, 2005 Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols Noes: Mayor Pro Tem Webb Motion .by Council Member Ridgeway to introduce Ordinance No. 2005 -16 approving Code Amendment No. 2003 -002 rezoning the St. Andrew's Presbyterian Church site; and adopt Resolution No. 2005 -44 approving General Plan Amendment No. 2003 -001, as amended to approve an additional 15,000 square feet, and Use Permit No. 2002 -056 for the St. Andrew's Presbyterian Church expansion project, as amended to limit evening occupancy after 6:00 p.m. to 400 occupants two evenings a week, 600 occupants three evenings a week and 1200 occupants two evenings a week, a provision for providing Newport -Mesa Unified School District with 85 parking spaces on site, and a permanent cap of 119,440 gross square feet on the existing property. Mr. Hillgren stated that the St. Andrew's representatives will ultimately need to decide if the project can still be done. Ayes: Council Member Selich; Mayor Heffernan; Council Member Ridgeway; Council Member Daigle; Council Member Nichols Noes: Council Member Rosansky; Mayor Pro Tem Webb E. PUBLIC COMMENTS - None. F. MOTION FOR RECONSIDERATION - None. G. ADJOURNMENT at 1:18 a.m. on August 12, 2005, to Tuesday, August 16, 2005, at 7:00 p.m. The agenda for the Adjourned Regular Meeting was posted on August 5, 2005 at 12:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary u ayor Volume 57 - Page 381