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HomeMy WebLinkAbout15 - Newport Coast Community CenterCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 March 22, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Homer Bludau, City Manager 949/644 -3000 or hbludau @city.newport- beach.ca.us Dave Kiff, Assistant City Manager 949 - 644 -3002 or dkiff@city.newport-beach.ca.us James Campbell, Senior Planner 949 - 644 -3200 orjcampbell @city.newport - beach.ca.us SUBJECT: Public Hearing: The Proposed Newport Coast Community Center: Design Approval, Consideration of Alternative Development Regulations, CEQA Findings ISSUE: How should the City move forward with the design, development regulations, and environmental findings associated with the proposed Newport Coast Community Center? RECOMMENDATION: Approve the following Recommended Actions: 1. Hold the Public Hearing on the proposed Newport Coast Community Center, and, at the conclusion of the hearing: 2. Find that the Newport Coast Community Center project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of CEQA's Implementing Guidelines; 3. Approve the Site Development Permit with Alternative Development Standards related to the height of the proposed building (35 feet) and percent open space (13 %); 4. Approve a Parking Waiver (reflecting either 123 on -site spaces or 93 on -site spaces) and a Joint Use Parking Agreement to allow the shared use of the Newport Ridge Park parking lot for the proposed Community Center. Newport Coast Community Center March 22, 2005 Page 2 5. Direct the project architect, Betsey Dougherty of Dougherty and Dougherty, to proceed to construction drawings according to one of the following alternative conditions: (a) A roughly 17,000 square foot Community Center that includes two meeting rooms, a gymnasium, restrooms, storage, lobby area, and ancillary rooms with a 123 -space parking lot that includes the space southerly of the facility; Require an approved Parking Management Plan (PMP), to be submitted by event sponsors, for any event which causes occupancy of the building to exceed 369 persons. The Recreation and Senior Services Director (or her designee) shall review and /or approve the PMP (the City Manager's Recommendation); OR (b) A roughly 17,000 square foot Community Center that includes two meeting rooms, a gymnasium, restrooms, storage, lobby area, and ancillary rooms with a 93 -space parking lot that reserves the space southerly of the facility as a "future library site' (the Newport Coast Advisory Committee's Recommendation); DISCUSSION: Background: On January 1, 2002, the City annexed about 7,700 acres to the southern edge of Newport Beach called the Newport Coast. This planned community — which consists of the Newport Ridge Planned Community and the Newport Coast Local Coastal Program, 2n0 Amendment (known as the Newport Coast and Crystal Cove) — will eventually include about 10,000 residents, 5,200 dwelling units, and about 1,000 visitor accommodations. Previous to January 2002, the City and a group calling itself the Newport Coast Committee of 2000 ( "NCC2K ") negotiated — since at least early 1998 — a series of things that the City would do upon annexation. These were memorialized in a Pre - Annexation Agreement ( "PAA ") that was reviewed by the Local Agency Formation Commission ( LAFCO). LAFCO made the execution of the PAA a condition of the City's successful annexation. The Pre - Annexation Agreement ( "PAA "). The PAA required the City to do the following things upon and following annexation: • Form the 7- member Newport Coast Advisory Committee (NCAC); • Appoint a Newport Coast Resident to the Aviation Committee; • Distribute $25 million over time to the Newport Coast. $18 million was to go to reduce eligible property owners' assessments and $7 million was to go to build a Community Center of up to 22,000 square feet, assuming the community wanted one; • Investigate the administration by the County of Orange (and others) of various assessment districts in the Newport Coast; • Keep certain private parks private, assuming the NCAC so directs the City; • Maintain a police presence in the Newport Coast similar to that maintained in the remainder of the City; • Pay for residential curbside trash collection as long as residential curbside trash collection is done for "free" inside the city's November 1996 borders; Newport Coast Community Center March 22, 2005 Page 3 Maintain the same level of Fire and Emergency Medical Services as the Orange County Fire Authority had provided; Work with Southern California Edison to undergroun d Maintain or fund the maintenance of certain pro typically own, including fuel modification zones, medians and parkways. The Proposed Newport Coast Community Center. utilities; and prop that cities elsewhere might street - adjacent slopes, and street Funding. Seven million dollars has been set aside for the design and construction of the "bore and shell" of the Community Center. The City is obligated under the PAA to contribute FF &E costs on top of the $7 million, estimated below to be about $1 million (see Chart A). The $7 million is a portion of the $25 million resulting from a 2001 Settlement Agreement between the City and the Irvine Ranch Water District (IRWD) over water and sewer service in the Newport Coast. Chart A Community Center $ 5,404,200 Site Development $ 1,279,500 less components of methane system $ (136,900) CMU walling instead of tilt -up $ (261,100) less City - obligated Site costs $ (223,550) less City - obligated FF &E $ (775,768) Subtotal $ 5,286,383 Design Contingency (5 %) $ 264,319 Construction Contingency (5 %) $ 277,535 Inflation Adjustment to 12 -05 (10 %) $ 582,824 Subtotal Non -City GF Costs $ 6,411,061 Subtotal City GF Costs $ 999,317 Total Project Costs (est) $ 7,410,378 Needed CIP Items Balance in NCCC Account (March 2005) $ 6,561,159 Amount Needed (projected March 2005) $ 6,411,061 Resultant NCCC Account Surplus (deficit) $ 150,098 City Obligation Total CIP Needed (est) All amounts estimated $ 999,317 $ 7,410,378 Newport Coast Community Center March 22, 2005 Page 4 Location. Neither the Newport Coast LCP nor the Newport Ridge Planned Community text envisions a community center, so no specific site has been planned for one. After extensively examining available sites in the Newport Coast, the NCAC settled on a site within Newport Ridge Park adjacent to San Joaquin Hills Road and Newport Coast Drive (see Exhibit A). Exhibit A Aerial of Proposed Location for NC Community Center More about Newport Ridge Park. Newport Ridge Park is today a privately -held, privately - maintained 13 -acre park. The Newport Ridge Community Association (NRCA) manages and maintains the park. The park includes two ballfields, tennis courts, restrooms, sand volleyball, a tot lot, picnic areas, and extensive turf areas. The SE corner of the park — the proposed location for the Center — is turf bounded by a walking path and trees. Newport Ridge Park is adjacent to the Coyote Canyon Landfill and contains limited aspects of the Landfill's methane mitigation system, including meters that measure methane intrusion. However, two separate geologic tests of the site (conducted by Pacific Soils Engineering, Inc. in 2003 and 2004) showed that none of the Landfill's refuse "footprint" is beneath the Newport Ridge Park site proposed for the Center. Newport Ridge Park — while private today — has an Irrevocable Offer of Dedication ( "IOD ") associated with it. This offer to dedicate the property in fee to the County of Orange, Newport Coast Community Center March 22, 2005 Page 5 required of the Irvine Company by the County of Orange as a part of the development approvals for the San Joaquin Hills Planned Community, is dated April 1, 1993 and amended for the first and only time on December 23, 1994. In February 2004, your City Council authorized the City Attorney and the City Manager to execute the IOD or a revised IOD on behalf of the City. We have not completed this task yet. It is envisioned that the City would accept fee title to the roughly three acres beneath the Center and its parking lot. The other Park property would be turned over in fee to the NRCA. A second option is to lease these lands to the NRCA for a nominal annual fee. Components and Design. As noted above, the PAA spoke to an up to 22,000 square foot facility with a full -sized gymnasium, a library facility, and community meeting rooms. At the Committee's recommendation, the City hired Betsey Dougherty of Dougherty and Dougherty LLP to do both the preliminary assessment and schematic for the NCCC and later to complete design development. A subcommittee of the NCAC worked with City staff and with Betsey Dougherty on the site plan and Center floorplan that is shown as Exhibits B and C. These concepts were approved unanimously by the full NCAC at a public meeting in January 2005. The proposed plans show a facility that could accommodate between 552 and 3,000 persons on any given day if all program areas were in use and includes: • A gymnasium seating 240 people at bleacher seating, with a stage area for community theater and music events and capacity for seating about 3,000 persons at performances; • Two community rooms capable of accommodating up to 312 persons for activities • A kitchen capable of accommodating catered events; • A 93 -space parking area adjacent to the Community Center; • A site for a future library; and • Related restrooms, storage, and utility rooms. Please note that, when Ms. Dougherty's firm subcontracted with Campbell- Anderson Associates in late 2004, the cost estimates for the overall project made the NCAC decide to consider the library component of the Project to be "a later phase." As such, the approved plan has a "proposed library' shown at the southerly corner of the plan. Lo (D Q) QQ) 04 ri) m C\[ Q. C,4 Z3 O CU Q CU 0 Q O z Q) m m rn m 0. C) ms x Ul M a. HDV !7[.3]((i)I /.�•u /�J /.. � //lid'" ` `.y_'..'t`Y[,: r W.0 Amlnlh]:> LRWYJ ------------------------ ------------ --------------- ------- o Q) CU Q) 04 Q C\T Q. C,4 Z3 o O Q CU 0 Q O z Q) *c 0 E E 0 0 B = :E 49 x W W -0 C m a. O -PFTN,! AI ... .. ...... Newport Coast Community Center March 22, 2005 Page 8 The Issues before the Council Tonight. Several issues have arisen as this Project has proceeded through its design and planning processes due to the fact that the project does not strictly conform to all development standards (therefore requiring alternative development standards to be approved) and that the procedure for review has been altered. 1 — Proposed Use of Alternative Development Standards. The project site is designated "Recreational" by the Newport Ridge Planned Community (NR PC) text. Chapter IV (Recreational Use RegulationslDevelopment Standards) allows community service facilities pursuant to a Site Development Permit provided the project complies with Chapter VII -13.1 (Community Facility Use RegulationslDevelopment Standards). All permit applications are subject to Chapter X (Permit Regulations and Procedures) and Site Development Permits or Use Permits may establish Alternative Development Standards, which modify site development standards for residential and non - residential uses without amending the NR PC text. Applications that propose alternate standards require the approval by the Planning Commission; however in this case, the project has not been reviewed by the Planning Commission due to the provisions of the Pre - Annexation Agreement (PAA). The project as presently designed is not in conformance with building height, lot coverage and parking standards. Alternate standards for height and lot coverage are proposed. The site is deficient in parking and a joint use parking arrangement with the adjacent Newport Ridge Park is proposed. Parking is regulated by Chapter VII of the NR PC and this chapter requires parking to be consistent with Orange County Zoning Code Section 7 -9 -145 (Off- Street Parking Regulations). 2 — Role of the PAA, the Planning Commission, and the Council. As noted, this Project did not go to the Planning Commission, While not all Public Works projects go to the Commission, some have. City staff has determined that, because the PAA offers guidance regarding the approval of the Center's design (including review and approval by the City Council, not the Planning Commission), that only the Council should review and approve, reject, or modify the NCAC's recommendation. Here are the operative sections of the PAA (underlined emphasis added) — the full text of Section 7 is included as Attachment A: Section 7 — Subsection F .,.If the Committee deems the Center desirable, it shall make recommendations to the City Council and the County regarding the most appropriate location for the Community Center. Possible locations include a site within or adjacent to Newport Ridge Park or within a park to be constructed at the top of Ridge Park Road. The Committee shall submit recommendations regarding the preferred location of the Community Center, and the reasons for the recommendation, to the City Council and the County for appropriate action. The Committee or amendment of any discretionary land use approval on the part of the City. County or other public agency. This Agreement shall not constitute a commitment of the City or the City Council construction of the Community Center. Newport Coast Community Center March 22, 2005 Page 9 Section 7 — Subsection G ... The design of, and amenities in, the Community Center shall be developed by Committee and submitted to the City Council for final approval. The City Council shall to the fullest extent Permitted by law, use its best efforts and good faith to approve the Community Center as proposed by the Committee. The design of the Community Center shall take into consideration and be consistent with the funds available for construction and the architectural style of the Newport Coast. Section 1 — Subsection C ... This Agreement establishes certain obligations of the City with regard to assessment district debt relief, the siting and construction of a community center or the use of funds allocated for the community center to increase assessment district debt relief and the assumption of the responsibility to maintain certain slopes, parkways, medians and other open space upon request of a homeowner association. The Parties acknowledge that they have not fully evaluated the means and methods of, or the legal or practical impediments to, implement and fulfill those obligations. Accordingly. the Parties agree to use their respective best efforts and good faith to identify and implement alternative methods or means of achieving the obligations of the City. 3 — General Plan Consistency. The site is designated Recreational & Environmental Open Space by the Land Use Element of the General Plan. This category allows a wide range of public and private uses for recreational uses and staff believes that the project is consistent with this designation. Additionally, because the Newport Ridge Planned Community Text allows for up to 155,000 square feet for "community facilities," the City believes that the NCCC is consistent with the General Plan. 4 -- Height. The proposed plan includes a Gymnasium that is 35 feet in height at its highest point. According to the Newport Ridge Planned Community (NR PC) Text, 28 feet is the maximum allowed building height. Exceeding this height is possible through the approval of the project with "Alternative Development Regulations" in conjunction with the subject Site Development Permit. Alternative development regulations are simply the application of different standards and the following criteria are identified in the NR PC for evaluating the suitability of alternative standards. a) General Character: Harmony in scale, bulk, coverage and density with surrounding land uses. The increased height of the building (7 feet) is attributable to the inclusion of a multi- purpose gymnasium. Surrounding uses include the Newport Ridge Park, the San Joaquin Hills shopping center, the closed Coyote Canyon landfill, the Newport Coast Elementary School and residences. The location of the proposed community center and gymnasium is separated from residential uses by roads and is located near the center of the area that supports community service and commercial uses. Locating the proposed recreational facility near the park is appropriate in staff's opinion. The bulk of the building is setback approximately 43 feet from Newport Coast Drive and is not in close proximity to any other buildings. The height and bulk of the proposed building is comparable with nearby commercial structures within the shopping center. The proposed building will cover approximately 13% of the lot and the proposed plan accommodates landscape areas that Newport Coast Community Center March 22, 2005 Page 10 will be specifically designed to screen the building and parking areas. A majority of the site will site will remain open. With the landscaping, the bulk of the building will be broken up and the site will blend in with its surroundings to the extent possible. b) Facilities: The availability of infrastructure facilities to serve the project. The Public Works Department has reviewed the proposed project in relation to existing utility service systems and roadway access and capacity. No additional infrastructure other than project specific utility extensions from the adjacent right of way is necessary to implement the project. c) Harmful effects: The harmful effects, if any, upon desirable neighborhood environments. Harmful effects attributable to the increased height of the building, given its location and distance to surrounding uses, would be minimal in staffs opinion. Although the site is visible to nearby residential uses and the existing open lawn area would be removed, the proposed building will not significantly affect important views. d) Traffic: The generation of traffic and its effect on the capacity and character of the area. Pursuant to the PAA, Traffic Phasing Ordinance review is not required for projects within the scope of the Newport Coast & Ridge area. Traffic generated by the proposed facility (389 daily trips on average with 28 AM and 28 PM peak hour trips) is well within the capacity of the existing roadway system according to the Traffic Engineer. e) Noise: The existing and predictable future level and quality of noise the property is subject to and the noise which would be generated by the proposed use. The increased height is not expected to increase noise levels. Noise associated with the use of the gymnasium will be contained within the community center given that the doors to the gym do not open directly outside and that the building itself will attenuate interior noise. f) Suitability: the physical suitability of the site for the proposed project. Staff believes that the site is physically suitable for the development of a community center given its location and proposed use. Geotechnical studies have shown no concerns about the quality of the soil and geology at the site. Further methane investigations will be done in Building Plan Check, but that could result only in modifications to the construction drawings to include methane protections. The separation of the proposed building to surrounding uses and structures, its architectural design and proposed landscaping will effectively mitigate the increased height. Visual simulations have been prepared by the project architect for consideration with the proposed elevations. The simulations are available for viewing at the City's website by following the Newport Coast link at the following webpage: http: / /www. city. newport - beach.ca.us /projects.htmi. 5 — Site Coverage. The proposed building covers approximately 13% of the 3.02 acre site where the NR PC Text limits lot coverage for the site to 5% maximum. Identical to the issue of height, the Council can consider alternative standards while taking into account the same 6 criteria identified above. Staff believes that the 5% standard was established for recreational Newport Coast Community Center March 22, 2005 Page 11 uses typically found at parks and a higher standard is appropriate for a community center. Staff also believes that the proposed coverage is compatible with the area given the large setbacks from abutting roads and other buildings, separation of the building from surrounding land uses and that the shopping center across San Joaquin Hills Road has comparable lot coverage. The location of the site for a community center is appropriate given its proximity to the Newport Ridge Park and separation from residential uses. The proposed plan includes landscape areas that will screen the building and parking lot and staff foresees no harmful effects upon neighborhood character. In the context of the Newport Coast area in general, the area has significant open areas and the increased lot coverage will not significantly impact open space in the area. 6 — Parking. There is a dispute between members of the NCAC and City staff regarding the minimum required parking and the usefulness of 71 spaces at the Newport Ridge Park parking lot off of Newport Ridge Drive. The center of the Newport Ridge Park Parking lot is approximately 820' (directly) and 1,240' by pathway from the proposed Community Center. Whether the City Council agrees with the NCAC or with City Staff, the project itself requires a parking waiver. The plan submitted by Dougherty and approved by the NCAC identifies the following parking for the facility: Architect - identified parking Spaces adjacent to the NC CC = 93 Spaces available at the Newport Ridge Park parking lot = 71 Total spaces identified = 164 According to the NC PC text and the County Zoning Code, the parking needs of the facility are as follows: Community Center — 3,800 s . ft. 1 space per 75 s . ft. 51 Gymnasium — 283 seats bleachers only) 1 space per 3 seats 94 Total Needed 145 Amount Provided 93 Parking Space Deficit 52 NCAC members believe that the 164 spaces in a shared or joint use arrangement are more than adequate to serve the Project and the existing park. The NCAC asserts that: • The 71 spaces at Newport Ridge Park are useful to the NCCC, because the Park lot is rarely if ever used; • The NRCA has voted to agree to allow the Center to use the 71 spaces on a non - exclusive basis; • Newport Coast residents are used to walking distances to community activities, school, and shopping; • Following meetings with Planning staff, the architect understood that she could count the 71 spaces as useful parking; and • They believe that it is their right to present a design and plans to the City Council that includes the 71 spaces as useful parking and that leaves the southerly portion of the Community Center parcel as a "potential library site" that can be covered with turf until such time as a library may be constructed. Newport Coast Community Center March 22, 2005 Page 12 City staff, including Planning, Public Works, Recreation & Senior Services, the Police Department, and the City Manager, believe that the NC CC as proposed is under parked. They assert that: • The 71 spaces at Newport Ridge Park are not useful to the NC CC, because the Park lot is too far away to be used by Center patrons — patrons will not walk that far; • While acknowledging that the NRCA has voted to agree to allow the Center to use the 71 spaces on a non - exclusive basis, City staff asserts that only full -time, 24 -7 exclusive use by the Center's patrons of the Park parking lot satisfies the Center's parking requirements; • Planning staff did not promise Ms. Dougherty that the 71 spaces would be deemed "useful," only that Planning staff would review the issue again and consider the spaces when the plan is submitted. • The 93 -space Center parking lot should be expanded to add 30 spaces, including using the southerly part of the Community Center parcel. 123 spaces (93 + 30) adjacent to the Center would be fully useful and, with an additional condition requiring a Parking Management Plan (PMP) for events that cause the Center to populate with more than 369 people (3 x 123) will come closer to adequately parking the Center. • Regardless, the use of the Center should be restricted (via scheduling) to limit the activities at any one time to activities that do not overburden the available parking. At a point in the future when parking may be available on the former Coyote Canyon Landfill, these restrictions may be eased. According to the Planning Department, the NR PC text and its references to the Orange County zoning code require a total of 145 parking spaces and the Council has the ability to consider an exception and /or modification of off - street parking standards (parking reduction) or the Council can authorize the joint use of the two parking areas. Pursuant to Chapter VII (Parking) of the NR PC text, exceptions or modifications to off - street parking standards can be authorized through a Use Permit provided that parking requirements are: 1) found to be "excessive" because of the nature of the use involved or other relevant circumstances, and 2) an exception or modification remains consistent with the PC text and the - general intent of off - street parking regulations. The parking requirements are based upon a 3 occupant per vehicle ratio. Staff does not believe this standard to be excessive. Additionally, the required parking for the gymnasium does is based upon the seats within the bleachers only and does not take into account the use of the gymnasium as an auditorium. The gym is designed for that occupant load in anticipation of future community theater events occurring on the proposed stage or other large functions, but it should be acknowledged that these types of events leading to such high occupancy levels will not be common occurrences. Staff is not aware of other relevant circumstances that would lead one to reasonably assume that the parking requirement is excessive, and therefore, the City Manager has concluded that a parking waiver that allows the Project with only 93 spaces in the adjacent lot is not appropriate. As noted previously, the use of the existing 71 -space parking lot at the Newport Ridge Park is contemplated for joint use. The NR PC text allows the City Council to consider and approve a joint or shared use of parking facility pursuant to Section 7 -9 -145 of the Orange County Code subject to the following required findings: 1) Such modification shall not have a negative effect on parking for public recreational uses Newport Coast Community Center March 22, 2005 Page 13 2) Permit approval shall be conditioned upon recording with the County Recorder, an agreement executed by all parties concerned in the shared parking arrangement. This agreement shall ensure continued availability of the required number of spaces. Section 7 -9 -145.4 (i) contains additional findings and requirements for the joint or shared use of non - residential parking facilities. (1) A detailed parking plan, showing all common parking facilities, shall be approved by the Director, EMA (now RDMD). (2) Parking facilities shall be within three hundred (300) feet of the entry point of the uses they serve. (3) Adequate assurance is provided to guarantee that required parking will continue to be maintained in compliance with applicable provisions of section 7 -9 -145. (4) The assurance required by (3) and the parking plan required by (1) shall be recorded in the office of the Orange County Recorder. (5) Individual uses which result in a parking demand more than is provided by the existing parking on the site shall be required to provide added parking as required by Director, EMA. See section 7 -9- 145.6. The proposed off -site parking arrangement presents both opportunities and constraints. First, the availability of the off -site parking may reduce the need to construct additional parking at the community center site. A paved path will connect the existing park parking lot and the proposed community center. However, the parking spaces are approximately 820 -1,240 feet away and pursuant to Section 145.4 (i) of the County Zoning Code, 300 feet is the maximum distance allowable for a joint use parking lot. Notwithstanding this provision, staff believes that the Council can allow such an arrangement. Since the parking lot for the park is that distant and the entry to the lot is off Newport Ridge Drive East, some patrons might be inclined to double park or park in the fire lanes before seeking parking off the site. Prominent signs directing patrons to off -site parking will be necessary should a joint use arrangement be approved. A detailed parking plan must be developed and a joint use agreement identifying use and maintenance parameters is required to be recorded. Other potential parking conflicts have been identified. As noted, the City does not control the use of the park because the park is operated by the NRCA. NRCA leases the park to three different groups — AYSO, Little League, and Sage Hill High School. Generally, these groups practice from 3:30 p.m. to dusk weekdays, 8:30 a.m. to dusk Saturdays, and Noon to dusk Sundays from September to November (AYSO) and February through May (Little League and Sage Hill softball). According to Merit Property Management (PM of NRCA), the NR Park parking lot is 'often full — and we get complaints (about having to park on Newport Ridge Drive [east])" on weekends due to these park uses. Second, the proximity of the proposed parking lot to the existing baseball field will likely lead to reduced parking availability when sporting events at the park are held. In summary, staff is concerned that insufficient parking is provided and parking conflicts might arise. Since no street parking can be accommodated on the San Joaquin Hills Road due to safety considerations, overflow parking might impact nearby residential streets or the shopping center across the street. Staff recommends that the parking lot be expanded in the open area between the proposed building and the intersection corner as noted above. Approximately 30 spaces can be added in this area, though the site would still remain deficient should this option be implemented. Newport Coast Community Center March 22, 2005 Page 14 With or without this additional parking, the approval of a joint or shared parking arrangement is necessary to provide the minimum required parking of 145 spaces. Since the site will remain deficient in parking and reliant upon off -site parking, the Recreation and Senior Service staff will need to coordinate activities with the Newport Ridge Park in order to avoid parking conflicts. It is expected that staff will need to limit the number and size of concurrent events within the facility to the number of available parking spaces in order to avoid parking conflicts. Larger events might be accommodated through a specific parking management plan (PMP) provided that event proponents secure written approval for additional off -site parking to accommodate expected occupancy levels. The necessity for a PMP for larger events that would exceed parking availability addresses finding (5) above. Finally, given an adequate parking agreement, proper coordination of events, adequate signage and parking management, it can be found that the proposal can meet the intent of the off - street parking requirement that sufficient parking capacity is provided between the two lots such that traffic congestion in minimized. Although staff believes that all the findings can be made, the operational constraints inherently designed into the proposal due to parking availability will lead to the facility operating at a level below its designed capacity. The Police Department also advocates maintaining the parking requirement at least 123 spaces. According to Chief McDonell, "the additional 71 spaces suggested for overflow parking are by staff's measurement, 600' from the proposed Community Center (actual measurement 800 -1200 feet away). Based upon the Department's experience with event parking, we do not believe those spaces can be considered as a practical alternative for overflow parking. Motorists will seek a closer alternative — wherever it may be. Since the facility has been planned with a stage, it is also likely that it will be used for events that exceed the bleacher capacity, which in itself, may require more than the 93 spaces for multi - purpose events. The bottom line is that we have seen the problems that occur when sites are overbuilt for available circulation and parking, such as what has occurred at nearby Newport Coast Elementary School. We are wary of creating another similar predicament." 7 — Use Conditions. As discussed briefly in the section of this report about parking, the City Manager believes that any use of the Center which may cause available parking to be exceeded should require a Parking Management Plan (PMP). As envisioned, the PMP would: a. Be required of any event that causes the Center's occupancy to exceed either 279 persons (if the Center lot has 93 spaces) or 369 persons (if the lot has 123 spaces); b. Be prepared in a template form by Recreation and Senior Services and made available to any Center event applicant; c. Identify locations nearby where the event's applicant will obtain other landowners' permission to park cars that exceed the lot's space limitations (including valet service, shuttles, etc.); and d. Be presented by the applicant to the Recreation and Senior Services Director (or her designee) and be approved by the Director prior to the event. NCAC members have opposed the PMP requirement, saying that a plan is unnecessary. They believe that a PMP condition could be applied "later on" if the community and City believe that large events at the Center are causing traffic and parking problems. Newport Coast Community Center March 22, 2005 Page 15 For More Information. Residents who seek more information on the proposed Newport Coast Community Center can use the following: Websites www.city.newport- beach.ca.us then "Projects" then "Newport Coast Community Center." www.newportcoast.org E -Mail ncac ()citv.newport- beach.ca.us Telephone 949 - 644 -3002 NCAC Meetings NCAC meetings are held the first Monday of every other month and typically convene at Newport Coast Elementary School's multi - purpose room. Check the City's website and the "Monthly Meeting Calendar" for updated information about the NCAC. Committee Action: At its January 21, 2005 noticed public meeting, the NCAC voted unanimously, to: (1) Remove the Library from the plans that will go forward to City Council for bid and construction; (2) Consider the Library as a later phase of the project; and (3) Designate the library site as a "future library site," making it landscaped space instead of parking. Environmental Review: The Community Center site is 3.02 acres. Planning staff believes that it therefore qualifies for a categorical exemption under Section 15332 (In -Fill Development Projects) of the California Environmental Quality Act's (CEQA) guidelines. Section 15332 reads as follows Class 32 consists of projects characterized as in -fill development meeting the conditions described in this section: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Newport Coast Community Center March 22, 2005 Page 16 (e) The site can be adequately served by all required utilities and public services. Although the project is not consistent with three development standards, the NC PC allows for alternative development standards and joint or shared use of parking facilities. Therefore, should the Council determine that the project as designed is appropriate for the site; the exemption can still be granted. Each of the subsequent factors is also evident to support the suggested exemption. Notice of the proposed categorical exemption will be filed with the Orange County Clerk- Recorder's office should the Council approve the suggested exemption. Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). The Public Hearing was noticed (see Attachment B) in the Daily Pilot 15 days in advance of the March 22, 2005 meeting. A banner was placed at the Project site (the corner of Newport Coast Drive and San Joaquin Hills Road) on Thursday, March 17, 2005. The Notice of Public Meeting was e- mailed to all persons on the City's Newport Coast Interested Parties list and the Newport Coast HOA Property Managers' list. Submitted by: Omer L. UAL Dave iff City Manager James Campbell Senior Planner Assistant City Manager Newport Coast Community Center March 22, 2005 Page 17 Attachment A Section 7 of the Pre- Annexation Agreement COMMUNITY CENTER. The purpose of this Section is to implement the obligation of City to use up to $7 million (separate from the Allocation Account revenue) received pursuant to the Contract to construct a Community Center. The City shall, in locating, planning and constructing the Community Center, adhere to the following: a) Fund Transfer. City shall, within three (3) working days after receipt of $15 million into the Receipt Account, transfer $7 million to the Building Account. b) Use of Funds. Allocation and disbursement of funds in the Building Account may be used only to pay (or reimburse in the case of the City advance) the actual costs (exclusive of the time spend by City staff and officials and any non - monetary City resources) of obtaining necessary permits for, designing and constructing the Community Center. c) Use of City Staff City shall use its best efforts to minimize the use of outside consultants to perform tasks related to the design, siting and construction of the Community Center by assigning those tasks to City staff to the maximum extent feasible. d) Fund Advance. City shall, upon approval of a budget amendment by the City Council, advance up to $100,000 for use by the Committee for the siting, planning and design of the Community Center. Funds advanced by the City shall be reimbursed from the Building Account upon receipt of revenue pursuant to the Contract. e) Citv Obligations. City shall be responsible for funding the furnishings, fixtures and equipment (FF &E) for the Community Center out of funds other than funds in the Building Account or Allocation Account. City shall waive any and all fees normally charged for applications for any permit necessary to plan, design and construct the Community Center and shall request waivers from any other public agency required to issue any permit or grant any approval for the Community Center. City may use funds in the Building Account to pay any costs related to the application for, analysis of, or processing of, any discretionary land use approval required as a pre- condition to development of the Community Center on the proposed site, only to the extent City is required to make payments to any public agency. Planning /Location. The Committee shall hold open, noticed, and public meetings as it considers the Newport Coast community's interest in the Community Center. If the Committee deems the Center desirable, it shall make recommendations to the City Council and the County regarding the most appropriate location for the Community Center. Possible locations include a site within or adjacent to Newport Ridge Park or within a park to be constructed at the top of Ridge Park Road. The Committee shall submit recommendations regarding the preferred location of the Community Center, and the reasons for the recommendation, to the City Council and the County for appropriate action. The Committee shall endeavor to recommend a site for the Community Center that will not require the approval or amendment of any discretionary land use approval on the part of the City, County or other public agency. This Agreement shall not constitute a commitment of the City or the City Council to approve any discretionary permit or approval that requires a public hearing pursuant to State or local law. However, the City Council shall use its best efforts, to the extent permitted by law, to approve permits and grant land use approvals necessary to the design, siting and construction of the Community Center. g) Design Parameters. The Community Center shall consist of a structure that contains approximately 22,000 square feet of floor area available to the public and may contain a gymnasium, library and community meeting rooms. The design of, and amenities in, the Newport Coast Community Center March 22, 2005 Page 18 Community Center shall be developed by Committee and submitted to the City Council for final approval. The City Council shall, to the fullest extent permitted by law, use its best efforts and good faith to approve the Community Center as proposed by the Committee. The design of the Community Center shall take into consideration and be consistent with the funds available for construction and the architectural style of the Newport Coast. h) Construction. The construction of the Community Center is anticipated to commence between 2002 and 2004. The Community Center shall be constructed in accordance with the provisions of State and local laws applicable to public works projects. In the event City does not commence construction of the Community Center on or before June 30, 2004 and the Committee does not extend the deadline, the Committee shall make a recommendation to the City regarding the desirability of pursuing completion of the project or to transfer the funds to the Allocation Account as provided in Subsection Q). Use and Operation. The City shall operate the Community Center and install FF &E appropriate to the permitted uses of the Community Center. The FF &E shall be installed no later than sixty (60) days after a certificate of occupancy has been issued for the Community Center. City shall own and operate the Community Center and adopt a community access and use plan based on recommendations by the Committee. The approved access and use plan shall give a priority use by, and advance reservation preference to, Newport Coast residents and homeowner associations without unduly restricting public use of the Community Center. j) Remaininq Funds. In the event the Community Center is constructed and funds remain in the Building Account, the remaining funds in the Building Account shall be transferred to the Allocation Account and used to reduce assessment district debt as soon as feasible. k) Reallocation. In the event the Parties decide not to construct a Community Center, all funds remaining in the Building Account shall be transferred to the Allocation Account for distribution as a part, and on the Anniversary Date, of the next three Subsequent Facility Expenditures after the date of the decision. Newport Coast Community Center March 22, 2005 Page 19 Attachment B NOTICE OF PUBLIC HEARING NEWPORT COAST COMMUNITY CENTER NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding the construction of a Community Center and a parking lot to be located at the northwest corner of the intersection of Newport Coast Drive and San Joaquin Hills Road in the Newport Coast. The project applicant is the City of Newport Beach. The project requires a Site Development Permit pursuant to the Newport Ridge Planned Community Program. The proposed Community Center will occupy approximately 3 acres of the existing park area and the proposed building will be approximately 17,000 gross square feet in area. The building will include community meeting /assembly rooms and a gymnasium with a raised stage and retractable bleachers. The site includes a parking lot (which may contain from 93 to 123 spaces), site lighting and landscape areas. The facility will be operated by the Recreation and Senior Services Department and maintained by the City of Newport Beach. The application includes consideration of Alternative Development Regulations as project designs are not in strict compliance with building height, parking and building site coverage regulations. A joint or shared use parking arrangement is contemplated between the project and the existing park parking lot presently operated by the Newport Ridge Maintenance Association. This project has been reviewed, and it has been determined that it qualifies for a Categorical Exemption pursuant to Section 15332 of the Implementing Guidelines of California Environmental Quality Act. This exemption allows "in -fill development" on sites of less than 5 acres where it is consistent with the General Plan, adequately served by existing utilities and significant traffic, noise, air or water quality effects are avoided. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 22 "d day of March, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. Please see the proposed Center design (in draft form and subject to change) at this web site: click on: www, city. newport- beach. ca. us then click "Projects" then "Newport Coast Community Center' WILLIAM T. LIGHTCAP COUNCIL AGENDA S MARISOL ro.1 NEWPORT COAST, CA. 92657 Telephone (949) 464 -1057 Email: wlighteap(a).eox.net March 16, 2005 The Honorable Mayor Don Webb City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RE: Newport Coast Community Center Dear Mayor Don Webb: My wife and I have been following the development of the Newport Coast Community Center since its conception. This was sold to the residents of Newport Coast as a center that was to contain a gymnasium. small library, and a few offices. Most of the residents that I know were most excited that the center was to contain a library where their children could go after school or on Saturdays to find suitable reading material. The conceptual design of the center was displayed to us in this manner. I have attended many of the Newport Coast Advisory Committee meetings and have voiced concern about the architectural design of the buildings particularly the gymnasium. Our particular development, Tesoro, has many homes including ours that will look down on the buildings and their roofs. We have been concerned that the artistic design will be unattractive. When I attended the NCAC meeting where the decision was made to eliminate the library due to shortage of funds, three residents including myself voiced disapproval of proceeding without the library. I recommended to the Committee that this project, as amended, go back to the residents for their approval. But this suggestion was rejected. There has been no communication to the individual residents of the change in design. Also the residents are not fully informed of the significance of the rebate they would receive if the project were not built. My understanding is that the potential rebate to a typical homeowner with an approximate 3,000 square foot home would be approximately $3,000 to $3,500. Our residents are not aware of this significant amount. We therefore are opposed to the Center being built as presently designed and ask that you not give approval. We believe this project needs to go before the Newport Coast residents, to include the alternative monetary rebate amount, for a vote by the residents. Only after a majority favorable vote by the residents should the project go forward. Unfortunately we will be out of town on March 22 and cannot speak directly to the City Council. However we request disapproval. Sincerely, William and Ann Lightcap CC: City Council Members NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding the construction of a Community Center and a parking lot to be located at the northwest comer of the intersection of Newport Coast Drive and San Joaquin Hills Road in the Newport Coast. The project applicant is the City of Newport Beach. The project requires a Site Development Permit pursuant to the Newport Ridge Planned Community Program. The proposed Community Center will occupy approximately 3 acres of the existing park area and the proposed building will be approximately 17,000 gross square feet in area. The building will include community meetinglassembly rooms and a gymnasium with a raised stage and retractable bleachers. The site includes a parking lot (which may contain from 93 to 123 spaces), site lighting and landscape areas. The facility will be operated by the Recreation and Senior Services Department and maintained by the City of Newport Beach. The application includes consideration of Alternative Development Regulations as project designs are not in strict compliance with building height, parking and building site coverage regulations. A joint or shared use parking arrangement is contemplated between the project and the existing park parking lot presently operated by the Newport Ridge Maintenance Association. This project has been reviewed, and it has been determined that it qualifies for a Categorical Exemption pursuant to Section 15332 of the Implementing Guidelines of California Environmental Quality Act. This exemption allows "in -fill development" on sites of less than 5 acres where it is consistent with the General Plan, adequately served by existing utilities and significant traffic, noise, air or water quality effects are avoided. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 22 "d day of March, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. j1&-A 1c� C LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding the construction of a Community Center and a parking lot to be located at the northwest comer of the intersection of Newport Coast Drive and San Joaquin Hills Road in the Newport Coast. The project applicant is the City of Newport Beach. The project requires a Site Development Permit pursuant to the Newport Ridge Planned Community Program. The proposed Community Center will occupy approximately 3 acres of the existing park area and the proposed building will be approximately 17,000 gross square feet in area. The building will include community meeting /assembly rooms and a gymnasium with a raised stage and retractable bleachers. The site includes a parking lot (which may contain from 93 to 123 spaces), site lighting and landscape areas. The facility will be operated by the Recreation and Senior Services Department and maintained by the City of Newport Beach. The application includes consideration of Alternative Development Regulations as project designs are not in strict compliance with building height, parking and building site coverage regulations. A joint or shared use parking arrangement is contemplated between the project and the existing park parking lot presently operated by the Newport Ridge Maintenance Association. This project has been reviewed, and it has been determined that it qualifies for a Categorical Exemption pursuant to Section 15332 of the Implementing Guidelines of California Environmental Quality Act. This exemption allows "in -fill development" on sites of less than 5 acres where it is consistent with the General Plan, adequately served by existing utilities and significant traffic, noise, air or water quality effects are avoided. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 22_° day of March. 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding the construction of a Community Center and a parking lot to be located at the northwest corner of the intersection of Newport Coast Drive and San Joaquin Hills Road in the Newport Coast. The project applicant is the City of Newport Beach. The project requires a Site Development Permit pursuant to the Newport Ridge Planned Community Program. The proposed Community Center will occupy approximately 3 acres of the existing park area and the proposed building will be approximately 17,000 gross square feet in area. The building will include community meetinglassembly rooms and a gymnasium with a raised stage and retractable bleachers. The site includes a parking lot (which may contain from 93 to 123 spaces), site lighting and landscape areas. The facility will be operated by the Recreation and Senior Services Department and maintained by the City of Newport Beach. The application includes consideration of Alternative Development Regulations as project designs are not in strict compliance with building height, parking and building site coverage regulations. A joint or shared use parking arrangement is contemplated between the project and the existing park parking lot presently operated by the Newport Ridge Maintenance Association. This project has been reviewed, and it has been determined that it qualifies for a Categorical Exemption pursuant to Section 15332 of the Implementing Guidelines of California Environmental Quality Act. This exemption allows "in -fill development" on sites of less than 5 acres where it is consistent with the General Plan, adequately served by existing utilities and significant traffic, noise, air or water quality effects are avoided. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 22n1 day of March, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (%(999499)) 644 -3200. Vr�llY. �L�SN �L /✓ LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding the construction of a Community Center and a parking lot to be located at the northwest corner of the intersection of Newport Coast Drive and San Joaquin Hills Road in the Newport Coast. The project applicant is the City of Newport Beach. The project requires a Site Development Permit pursuant to the Newport Ridge Planned Community Program. The proposed Community Center will occupy approximately 3 acres of the existing park area and the proposed building will be approximately 17,000 gross square feet in area. The building will include community meetinglassembly rooms and a gymnasium with a raised stage and retractable bleachers. The site includes a parking lot (which may contain from 93 to 123 spaces), site lighting and landscape areas. The facility will be operated by the Recreation and Senior Services Department and maintained by the City of Newport Beach. The application includes consideration of Alternative Development Regulations as project designs are not in strict compliance with building height, parking and building site coverage regulations. A joint or shared use parking arrangement is contemplated between the project and the existing park parking lot presently operated by the Newport Ridge Maintenance Association. This project has been reviewed, and it has been determined that it qualifies for a Categorical Exemption pursuant to Section 15332 of the Implementing Guidelines of California Environmental Quality Act. This exemption allows "in -fill development" on sites of less than 5 acres where it is consistent with the General Plan, adequately served by existing utilities and significant traffic, noise, air or water quality effects are avoided. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 22nd day of March, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. �=� aVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing regarding the construction of a Community Center and a parking lot to be located at the northwest corner of the intersection of Newport Coast Drive and San Joaquin Hills Road in the Newport Coast. The project applicant is the City of Newport Beach. The project requires a Site Development Permit pursuant to the Newport Ridge Planned Community Program. The proposed Community Center will occupy approximately 3 acres of the existing park area and the proposed building will be approximately 17,000 gross square feet in area. The building will include community meetinglassembly rooms and a gymnasium with a raised stage and retractable bleachers. The site includes a parking lot (which may contain from 93 to 123 spaces), site lighting and landscape areas. The facility will be operated by the Recreation and Senior Services Department and maintained by the City of Newport Beach. The application includes consideration of Alternative Development Regulations as project designs are not in strict compliance with building height, parking and building site coverage regulations. A joint or shared use parking arrangement is contemplated between the project and the existing park parking lot presently operated by the Newport Ridge Maintenance Association. This project has been reviewed, and it has been determined that it qualifies for a Categorical Exemption pursuant to Section 15332 of the Implementing Guidelines of California Environmental Quality Act. This exemption allows "in -fill development" on sites of less than 5 acres where it is consistent with the General Plan, adequately served by existing utilities and significant traffic, noise, air or water quality effects are avoided. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 22nd day of March. 2005, at the hour of 7:00 P.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. LaVonne M. Harkless, City Clerk City of Newport Beach Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach, CA 92663 -3884 IMPORTANT PUBLIC HEARING NOTICE Jam Free Printing III www.aveiy.com N c IC � �® 5160® Use Avery® TEMPLATE 51600 �� 1- 800 -GO -AVERY JAMES VARTANIAN JOHN P GIEZENTANNER JOSHUA C SCHWARTZ 3 VIA AMANTI 28 VIA AMANTI 53 VIA AMANTI NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 JOSHUA QI CHEN JUDY TERREAN KAREN W PETILLO 24 VIA AMANTI 37 VIA AMANTI 22 VIA AMANTI NEWPORT BEACH, CA 92657 NEWPORT COAST, CA 92657 NEWPORT BEACH, CA 92657 KAZUHIKO KATO KEITH SEVIGNY KIRK S ROBERTS 1321 GRANVIA ALTAMIRA 3 TESORO 8 VIA AMANTI PALOS VERDES ESTATES, CA 90274 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 KUYUMCU LANCE 8 LINDSAY JORDAN LAWRENCE L THOMAS 7 LYON 1 DORIAN 51 VIA AMANTI NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT COAST, CA 92657 LILY ANN NAMSINH LUANNE M KLEIN MARY A VACHON -COBB 1 VIA AMANTI 6 TESORO 50 VIA AMANTI NEWPORT BEACH, CA 92657 NEWPORT COAST, CA 92657 NEWPORT COAST, CA 92657 MASARU TOMIYAMA MELINDA FROHLING MEREDITH J MCMACKIN 52 VIA AMANTI 15 VIA AMANTI 57 VIA AMANTI NEWPORT COAST, CA 92657 NEWPORT COAST, CA 92657 NEWPORT BEACH, CA 92657 MESA UNIFIED NEWPORT NEWPORT RIDGE COMM ASSN NORAH GUTRECHT PO BOX 1368 25910 ACERO #2ND 10 VIA AMANTI NEWPORT BEACH, CA 92659 MISSION VIEJO, CA 92691 NEWPORT BEACH, CA 92657 ONODY FAMILY TRUST AGREEMENT PATRICK J ALLEN PAYSON LEMEILLEUR 19 VIA AMANTI 11 VIA AMANTI 12 VIA AMANTI NEWPORT COAST, CA 92657 NEWPORT COAST, CA 92657 NEWPORT BEACH, CA 92657 PLAZA MANOR ASSOCIATES QUOC -THANG LE REENA J EGGER 550 NEWPORT CENTER DR 2203 NW HOOD ST 16 VIA AMANTI NEWPORT BEACH, CA 92660 CAMAS, WA 98607 NEWPORT COAST, CA 92657 RIDGE COMMUNITY NEWPORT RIDGE COMMUNITY NEWPORT ROBERT J & COLLETE JERLOW 25910 ACERO #2ND 25910 ACERO #2ND 39 VIA AMANTI MISSION VIEJO, CA 92691 MISSION VIEJO, CA 92691 NEWPORT BEACH, CA 92657 ®04L5 ®Atf3!!ti► AV3AV-09-008-L @09LS a1V -IdWal +any 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FRYER DAVID L LAPOINT 33 VIA AMANTI 1 TESORO 54 VIA AMANTI NEWPORT BEACH, CA 92657 NEWPORT COAST, CA 92657 NEWPORT COAST, CA 92657 DAVID M BALL ELLIS FARID TAHBAZ 48 VIA AMANTI 11 LYON 2 VIA AMANTI NEWPORT COAST, CA 92657 NEWPORT COAST, CA 92657 NEWPORT BEACH, CA 92657 GARY N GRASSO GARY W TR WEEKS GERARD VALCARENGHI 34 VIA AMANTI 3474 WINDSOR CT 2 WHARFSIDE DR NEWPORT BEACH, CA 92657 COSTA MESA, CA 92626 NEWPORT COAST, CA 92657 GERRETTE VAN DER GRAAF GUSTIN P CHAROENSOOK IRVINE APARTMENT 26 VIA AMANTI 25 VIA AMANTI 550 NEWPORT CENTER OR NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92660 IRVINE CO IRVINE CO IRVINE RANCH WATER DIST 550 NEWPORT CENTER DR 550 NEWPORT CENTER OR PO BOX 57000 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92619 ®0965 p/� 3/EC/ AH3AV- 09-008-1 00915 31V1dw3J. �aAV asn worlCsane miwnn 6uRUUd awd wer Jam Free Printing www.averycom ® AVERY® 51600 " Co Use Avery® TEMPLATE 51600 1- 800 -60 -AVERY CURRENT RESIDENT CURRENT RESIDENT 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CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 17 PARK CREST 341 WHITE CAP LN 45 PARK CREST NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 105 PARK CREST 356 WHITE CAP LN 81 PARK CREST NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 71 PARK CREST 5 PARK CREST 371 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 415 WHITE CAP LN 327 WHITE CAP LN 339 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 09[S ® �/ ,k)GAV- 09-008-[ 009[S SJ.V1dW3J. @kanV aStj ® ww-AjaAe -mmm S buquud awl we[ Jam Free Printing www.averycom QVE11YO 51600 N e' < <+ Use Avery® TEMPLATE 51600 1- B00-GO -AVERY CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 323 WHITE CAP LN 345 WHITE 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BARBARA BALLANTYNE 71 PURITAN RD PO BOX 7736 7 VIA AMANTI TRUMBULL, CT 06611 LAGUNA NIGUEL, CA 92607 NEWPORT BEACH, CA 92657 BRIAN FOSTER CHARLES SCHAPIRA CHERYL A KENNERD 23 VIA AMANTI 21 DORIAN 49 VIA AMANTI NEWPORT BEACH, CA 92657 NEWPORT COAST, CA 92657 NEWPORT BEACH, CA 92657 CITY OF IRVINE COMMUNITY IRVINE COMMUNITY IRVINE PO BOX 19575 550 NEWPORT CENTER DR 550 NEWPORT CENTER DR IRVINE, CA 92623 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 CRAIG ORR CURRENT RESIDENT CURRENT RESIDENT 19 DORIAN 42 WHITE CAP LN 48 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 84 WHITE CAP LN 148 WHITE CAP LN 72 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 64 WHITE CAP LN 282 WHITE CAP LN 114 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT 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NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4 WHITE CAP LN 38 WHITE CAP LN 176 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 1.1i3AV-OD-008-I. ®Os Ls uv idw3J. �aAV asn ® Q4E5 ® EI@�/ © w03 JOADIA&MM 6uauud awl wed Jam Free Printing Use Avery® TEMPLATE 51600 www.avery.com 1- 600 -GO -AVERY /� AW AVERY@ 5160® CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 154 WHITE CAP LN 288 WHITE CAP LN 14 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 146 WHITE CAP LN 78 WHITE CAP LN 192 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 178 WHITE CAP LN 119 PARK CREST 43 PARK CREST NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 93 PARK CREST 107 PARK CREST 397 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 29 PARK CREST 363 WHITE CAP LN 335 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 61 PARK CREST 121 PARK CREST 113 PARK CREST NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 87 PARK CREST 10 WHITE CAP LN 89 PARK CREST NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8 WHITE CAP LN 101 PARK CREST 427 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 49 PARK CREST 431 WHITE CAP LN 435 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 389 WHITE CAP LN 73 PARK CREST 331 WHITE CAP LN NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 NEWPORT BEACH, CA 92657 ®Q4l5 ® �/ ® AIGAV-O9-U06-L ®OBlS 3iVIdW2.1. ®!1aAV asn WWfUMeVIAMA& 6u4uw aaif wer Jam Free Printing www.averycom N OAVERYO 5160® Use Ave TEMPLATE 51600 1- 800 -GO -AVERY v VV ROBERT J SIRKO 41 VIA AMANTI NEWPORT BEACH, CA 92657 SAULADELSBERG 2TESORO NEWPORT COAST, CA 92657 STEPHANIE A FRY 6 VIA AMANTI NEWPORT BEACH, CA 92657 TAMMY JOE EVANS 56 VIA AMANTI NEWPORT COAST, CA 92657 THOMAS W BARNES 30 VIA AMANTI NEWPORT BEACH, CA 92657 TRACY D COOMBE 32 VIA AMANTI NEWPORT COAST, CA 92657 VINH LEPHUC 27 VIA AMANTI NEWPORT BEACH, CA 92657 SA ZADEH 3 LYON NEWPORT COAST, CA 92657 SEAN P OCONNOR 8 TESORO NEWPORT COAST, CA 92657 STEVEN J FULMER 18 VIA AMANTI NEWPORT BEACH, CA 92657 TESORO HOMEOWNERS 16845 VON KARMAN AVE #200 IRVINE, CA 92606 THUAN VO 7 TESORO NEWPORT COAST, CA 92657 TYLER STONEBREAKER 29 VIA AMANTI NEWPORT BEACH, CA 92657 VONS COMPANIES INC 1371 OAKLAND BLVD #200 WALNUT, CA 94596 SAEED PARTOW 17 VIA AMANTI NEWPORT COAST, CA 92657 STACY BAKER TR KOFOED 5 DORIAN NEWPORT COAST. CA 92657 SUTPAL SINGH 5 VIA AMANTI NEWPORT COAST, CA 92657 TESORO HOMEOWNERS ASSN 3090 BRISTOL ST #200 COSTA MESA, CA 92626 TINA VALCARENGHI 4015 HUNT CLUB CT AGOURA, CA 91301 UNIFED NEWPORT -MESA PO BOX 1368 NEWPORT BEACH, CA 92659 YUKIKO H DOWDELL 45 VIA AMANTI NEWPORT COAST. CA 92657 ®04C5 ®%1 �/ A)13AH- 09-008-L ®05CS 3XldW31 �ahV asn wOZVCrsAwAw'M Buiyuud sari wer The Pr posed Newport Coast Comm nity Center Newport Beach City Council Tuesday, March 22, 2005 [ISSUES J ■ The City Council faces several decisions regarding the proposed Newport Coast Community Center. The Center would have: o roughly 17,000 sf of buildable space; o A full -size gymnasium; 0 2 meeting rooms; and o Restrooms, lobby area and storage. The size and composition of the project is not in question. The issues are.... X16, 3;2- 015 1 Issues (cont'd) The Issues are: 1> CEQA. Whether to find that the Newport Coast Community Center project is categorically exempt pursuant to Section 15332 of CEQA's Implementing Guidelines. Staff recommends Council make this exemption finding (Rec Action #2). VA Issues (cont'd) 2) Whether to approve a Site Development Permit with Alternative Development Standards. Approval of the standards would: a) Allow the gym would be 35 feet high at its highest point (current Newport Ridge text restricts building heights to 28 feet) b) Allow site coverage to be 13% (the text limits lot coverage for the site to a 5% maximum) Staff recommends Council approve the Site Development Permit with these Alternative Development Standards (Rec Action #3). Issues (cont'd) 3) Whether to approve a Parking Waiver for the NC CC project that: a) Reflects either 122 on -site spaces or 93 on -site spaces. 145 spaces are required. b) Allows the shared use of the Newport Ridge Park parking lot through a Joint Use Parking Agreement for events that can't be accommodated by the 122- or 93 -space lot. Staff recommends Council approve the project with 122 provided parking spaces, which would require a waiver of 23 parking spaces. The Newport Coast Advisory Committee wants Council to approve a 93 -space lot with a parking waiver that would utilize the 71 parking spaces contained in the Newport Ridge Park parking lot. (Rec Actions 4 + 5A or 58) 3 More Details about the Proposed NC CC as approved by the NCAC ■ A City -owned and operated facility, including: o A gym seating 240 people in bleachers, with a stage area for theater /music events with a capacity to seat about 3,000 persons at performances o Two community rooms capable of accommodating up to 312 people for activities o A kitchen capable of accommodating catered events, o A 93 -space parking area adjacent to the Center (estimated at 3 persons per car — 279 attendees) o A site for a future library: and c Related restrooms, storage and utility rooms. I.Whatdoes the PAA say? Section 7 — Subsection F ....The Committee shall submit recommendations regarding the preferred location of the Community Center, and the reasons for the recommendation, to the City Council and the County for appropriate action. The Committee shall endeavor to recommend a site for the community Center that will not require the approval or amendment of any discretionary land use approval on the part of the City, County or other public agency. This Agreement shall not constitute a commitment of the City or the City Council to approve any discretionary permit or approval that requires a public hearing pursuant to State or local law. However. the Citv Council shall use its best efforts, to the extent permitted by law, to approve permits and grant land use approvals necessary to the design siting and construction of the Community Center. rd What does the PAA say? Section 7 — Subsection G ...The design of and amenities in, the Communitv Center shall be developed by Committee and submitted to the City Council for final approval. The City Council shall to the fullest extent permitted by law, use its best efforts and good faith to approve the Community Center as proposed by the Committee. The design of the Community Center shall take into consideration and be consistent with the funds available for construction and the architectural style of the Newport Coast. hat does the PAA say? Section 1 — Subsection C ...This Agreement established certain obligations of the City with regard to assessment district debt relief, the siting and construction of a community center ..... The Parties acknowledge that they have not fully evaluated the means and methods of, or the legal or practical impediments to implement and fulfill those obligations. Accordingly, the Parties agree to use their respective best efforts and good faith to identify and implement alternative methods or means of achieving the obligations of the City. More about Parking Newport Ridge Park is: 0 13 acres, with two ball fields, tennis courts, restroom, sand volleyball, a tot lot, picnic areas and extensive turf areas; o Private; o Operated by theNewport Ridge Community Association (NRCA). o The NR Park Parking lot contains 71 parking spaces. IParking continued NCAC members believe that the NR Park's 71 spaces can be counted toward community center parking because: ■ "the Park is seldom used "; The Newport Ridge Community Association has voted to agree to allow the NC CC to use the spaces on a non - exclusive basis; "Newport Coast residents are used to walking distances to community activities "; • Following a preliminary meeting with Planning staff, the project architect understood that the 71 spaces could be counted towards community center usage; and • The Pre- Annexation Agreement gives the NCAC the right to present a design to the City Council that leaves the pad for a library facility to be added later. n. Parking Continued City staff believes that Newport Ridge Park's 71 spaces should not count towards required community center parking requirements since: The spaces are too far to be useful. By direct route, the distance from the middle of the parking lot to the community center is 820 (the equivalent of 2.7 football fields in length, and by walkway the route is 1050' feet in distance, the equivalent of a walk of 3.5 football fields); The City does not control Newport Ridge Park's parking lot; Planning staff feels it did not promise the project architect the 71 parking spaces in the Newport Ridge Park parking lot could be counted towards community center parking. saying only that the 71 spaces would be considered when plans were submitted. Since the pad once considered for the library is not going to be used as yet, the additional 29 parking spaces this pad would provide should be utilized Even so, the parking provided for the CC still falls 23 spaces short (145 -122). Without the 29 spaces provided by the library pad, severe limitations in the number of CC users would be required. We'd turn requesting users away due to parking limitations. The additional 29 spaces would result in 122 adjacent parking spaces, with an estimated parking capacity (3 people per car) for 366 participants, increasing by almost one -third the number of users who could be accommodated. i i COMMUNITY CENTER MAINTAINS PARKING " " "'' ' ORIGINAL PARKING COUNT OF(93)SPACES - FUTURE LIBRARY :. DRIVER SIDE BOOK DROP -OFF OPTION A .......... SITE PLAN ALTERNATIVES COMMUNITY CENTER FUTURE LIBRARY :. "INTERIM" PARKING AREA ADDS (29) MORE SPACES. FORA GRAND TOTAL OF (122) 'INTERIM' PARKING AREA rr a e u. e a SITE PLAN ALTERNATIVES I R ACCESS TO FUTURE PARKING AREA f-1 COMMUNITY CENTER FUTURE LIBRARY :. "INTERIM" PARKING AREA ADDS (29) MORE SPACES. FORA GRAND TOTAL OF (122) 'INTERIM' PARKING AREA rr a e u. e a SITE PLAN ALTERNATIVES I R Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION .05 *111R.2? A ? STATE OF CALIFORNIQ�kj ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: MARCH 12,2005 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on MARCH 12,2005 at Costa Mesa, California. Signature NOIKEOF PUBIC NEARUIG NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing re- garding the construction Of a Community Center and a parking lot to be located at the northwest corner of the inlersecc lion of Newport Coast Drive and San Joaquin Hills Road in the New- port Coast. The project applicant is the City of Newport Beach. The project requires a Site Devel- opment Permit pursuant to the Newport Ridge Planned Community Program. The proposed Community Center will occupy 'approximately 3 acres of the existing park area and the Proposed building will be approximately 17,000 gross square feel in area. The building will include community meeting/assembly rooms and a gymnasium with a raised stage and retractable bleachers. The site includes a parking lot (which may contain from 93 to 123 spaces). site lighting and landscape areas. The facility will be operated by the Recreation and Senior Services Depart- ment and maintained by the City of Newport' Beach. The application includes consideration of Alternative Development Regulations as project designs are not in strict compliance with building height, parking and building site coverage regulations. A joint or shared use parking arrangement is con- templated between the project and the existing park parking lot pres- ently operated by the Newport Ridge Mainte- nance Association. This project has been reviewed. and it has been determined that it qualifies for a Categor- ical Exemption pursuant to Section 15332 of the Implementing Guidelines of California Environ- mental Quality Act. This exemption allows "in -fill' development" an sites of less than 5 acres where it is consistent with the General Plan, adequately served by existing utilities and significant traffic, noise, air or water quality effects are avoided. =i5 NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 22nd day of Marsh, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boule- vard, Newport Beach. California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written corre- spondence delivered to the City at, or prior lo, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daily PIIat March 12, 2005 Sa801 Brown, Leilani From: Kiff, Dave Sent: Tuesday, March 22, 2005 4:36 PM To: City Clerk's Office Subject: FW: Newport Coast Comminity Center Importance: High - - - -- Original Message---- - From: Rohn, Bruce A (GE Advanced Materials) [mailto: Bruce. Rohn @ge.com] Sent: Tuesday, March 22, 2005 2:36 PM To: Kiff, Dave Subject: Newport Coast Comminity Center Importance: High Why in the world would we want to waste $7MM to build a totally unneeded community center on one of the few beautiful green areas left in Newport Coast ? ?? Wasn't the Retail Center (especially Pavilions) bad enough? Do we have to totally ruin the beauty of this area? I don't need a gym, I don't need a place to meet my neighbors, and I certainly don't want to see that monstrosity sitting at the main intersection in my neighborhood !!! Bruce Rohn 12 Bellevue Newport Coast, CA 02657 Phone 949 640 -4353 Cell 949 - 632 -8365 bruce.rohn @ge.com