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Home My WebLink About16 - Newport Harbor Lutheran Church DA Annual Review�EWPORr CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 16 May 22, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Fern Nueno, Assistant Planner APPROVED: TITLE: Annual Review of Newport Harbor Lutheran Church Development Agreement (PA2009 -137) located at 798 Dover Drive ABSTRACT: An annual review of the Development Agreement for Newport Harbor Lutheran Church, located at 798 Dover Drive, pursuant to Section 15.45.080 of the Newport Beach Municipal Code and Section 65865.1 of the California Government Code. RECOMMENDATION: 1) Conduct a public hearing; 2) Find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and 3) Receive and file the Annual Report of the Development Agreement for Newport Harbor Lutheran Church (Attachment B). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Section 15.45.080 of the Municipal Code requires the City Council to periodically review development agreements to determine if the applicant has complied with the terms of the agreement. This review must be conducted at least once every twelve (12) months from the date on which the agreement is executed. The applicant is required to demonstrate good faith compliance with the terms of the agreement, and should the 1 Annual Review of Newport Harbor Lutheran Church Development Agreement (PA2009 -137) May 22, 2012 Page 2 City Council find that the applicant has not complied in good faith with the agreement, the City Council may terminate or modify the agreement. Background: On June 23, 1997, the City Council adopted Ordinance No. 97 -22 approving Development Agreement No. 10 ( "DA ") between the City of Newport Beach and the Newport Harbor Lutheran Church ( "Church "), and the ordinance became effective on July 24, 1997. As part of the City Council's approval of the DA, the following requests were also approved: General Plan Amendment No. 95 -2(E), Local Coastal Program Amendment No. 47, and Planning Commission Amendment No. 860 for the adoption of Planned Community District Regulations for Church. The term of the DA is for a period of 25 years and will be in effect up to the year of 2022. The DA is available online at: http: / /www.newr) ortbeachca .gov /develor)mentagreements. At the last annual review on March 8, 2011, the City Council found Church to be in good faith compliance with the DA. Terms and Conditions Church is subject to the terms and conditions specified in the DA. The purpose of the DA is to: • Grant vested development rights of 40,000 square feet to Church for the future expansion of its facilities and uses on Church property • Provide for Church's conveyance to the City of approximately 0.65 acres of Church property for use as a public parking facility to serve Bob Henry Park and Castaways Park, in consideration of the City's conveyance of 0.65 acres of City property to Church Provide for the construction of parking areas and other improvements on Church property to replace existing parking spaces located on the property conveyed to the City • Restore or replace other Church improvements impacted by the City's project and /or in consideration for the exchange of property To date, the terms and conditions of the DA have been implemented and /or accomplished except for the Church expansion. When the DA was approved, the Church was approximately 14,232 square feet, so the remaining entitlement is 25,768 square feet. 2 Annual Review of Newport Harbor Lutheran Church Development Agreement (PA2009 -137) May 22, 2012 Page 3 Annual Review: Since the last DA review, the Church submitted an application for a Limited Term Permit (LTP) requesting the installation of six modular classroom buildings in order to initiate the vested right to establish a school pursuant to the DA. The six modular classrooms will be in place until Church either a) determines the school is not a use they would like to maintain and permanent facilities are not needed or b) obtains the necessary funding to construct permanent classroom facilities. The LTP application was approved by the Zoning Administrator on July 13, 2011, and was conditioned such that the entitlement for the temporary structures would expire in six years unless an extension is granted by the Community Development Director. A building permit for three (3) of the classrooms was approved on April 17, 2012, and construction is underway. The total square footage of the classrooms is 2,880 square feet. A Telecom Permit was approved at the Church site on December 23, 2010, to allow the relocation of an existing telecom facility from the Church building to a new cross /clock tower. The building permits are currently under review, so the facility has not been constructed yet. The Telecom Permit application was submitted by AT &T, and Church was part of the application only as the property owner. After reviewing the Status Report (Attachment B) and applicable documents, staff believes that Church continues to comply in good faith with terms and conditions of the Development Agreement. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. The agenda item has been noticed according to the Brown Act. Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the sites and the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. 3 Annual Review of Newport Harbor Lutheran Church Development Agreement (PA2009 -137) May 22, 2012 Page 4 Submitted by: Kimberly Brandt, AIP'fj' - Community Development Director Attachments: A. Vicinity Map for Church B. Church Status Report City Council Attachment A Vicinity Map for Church 5 0 8 r_ 0 Newport Harbor Lutheran Church 798 Dover Drive PA2009 -137 Vicinity_ Map_ 798 Dover Drive.mxd ApriU2012 0 250 500 Feet e E HI q City Council Attachment B Church Status Report I 10 u'r � C t ApiLAIG NEWPORT HARBOR LUTHERAN CHURCH A worshipping family, anchored in Christ, providing safe harbor for all. 798 Dover Drive Newport Beach California 92663 949.548.3631 fax 949.548.1544 music 949.548.8004 preschool 949.548.7198 nhlc798 @aol.com April 10, 2012 Ms. t=ern Nueno Assistant Planner, City of Newport Beach 3300 Newport Boulevard, Building C Newport Beach, CA 92663 Dear Ms. Nuevo, �'SoEIVED 91 COMMUNITY APR -13 2012 0, DEVELOPMENT z, h O OF NEWPOR' 9� I am happy to report that, as of last week, we have finally received a building permit to install the first three modular buildings which will serve as temporary classroom space in the phased expansion of our school. The buildings are situated as specified in section 3.1 of the 1997 development agreement between the church and the city, and are in compliance with the findings and conditions of the zoning administrator. The work should be completed within the next 30 days, and the Pre - K and Kindergarten classes are scheduled to open in early September. The construction on the AT &T clock tower that will house their new 4G and 4GLTE antennae has not yet begun. This tower is also intended to support the placement of additional antennae to be used to help the police and fire department coordinate the response to citywide emergencies. Since this project is being handled by AT &T representatives, we are unaware of the reasons for the current lack of progress. We are continuing to address the long -range development of our campus under the terms of the development agreement, and we will report any pertinent construction activity. Please contact Ire if any other information is needed for this year's review. Sincerely, Bradley B. Stienstra Pastor 11 CITY CLERK'S OFFICE AFFIDAVIT OF POSTING RFI- FII /FD -11? .'Y 16 PH h 110 On / I 2012, 1 posted the Notice of Public Hearing regarding: Annual Review of Development Agreement for Newport Harbor Lutheran Church PA2009 -137 Date of City Council Public Hearing: May 22, 2012 .. man o.uuuyn r.ne rnnuay Use Avery@ TEMPLATE 51600 049 27109 JOSEPH I MCCARTHY 734 ST JAMES PL NEWPORT BEACH, CA 92663 117 81103 DONNA ADELE GALLANT PO BOX 54400 LOS ANGELES, CA 90054 117 803 27 JOHN K & DANA M AGAMALIAN 16 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 39 SAMUEL B CORLISS JR. 23 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 43 LAWRENCE H BENSON 1 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 46 JOANNE DOELZ 7 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 49 BRETTJ WILLIAMSON 1 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 54 PETER BOWIE 6 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 58 JOHN B POTTER 14 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 801 14 CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH, CA 92658 www.averycom 1- 800 -GO -AVERY 049 271 10 EDWARD W NESSELROAD 730 ST JAMES PL NEWPORT BEACH, CA 92663 117 811 04 DONNA ADELE GALLANT PO BOX 54400 LOS ANGELES, CA 90054 117 631 12 CORP OF THE PRESIDING 50 E NORTH TEMPLE #2223 SALT LAKE CITY, UT 84150 117 803 41 DONALD GRANT WEST 19 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 44 L SCOTT STONEY 11 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 47 DAVID SCOTT CONSANI 5 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 51 BARBARA J BATSON 4 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 55 JACK PERRY 8 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 59 CASTAWAYS HOMEOWNERS ASSN 16845 VON KARMAN AVE #200 IRVINE, CA 92606 117 801 15 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 U& AVER i® 51600 117 803 57 JASON KANE 12 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 81107 RUSSELL E FLUTER 2025 BALBOA BLVD W NEWPORT BEACH, CA 92663 117 803 38 BERT L HOWE JR. 25 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 42 JACK L CHEN 17 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 45 HSIAO YUAN CHANG 9 CAPE ANDOVER NEWPORT BEACH, CA 92660 117 803 48 TAPPAN CAPE ANDOVER LLC 195SCST TUSTIN, CA 92780 117 803 53 CASTAWAYS HOMEOWNERS 16845 VON KARMAN AVE #200 IRVINE, CA 92606 117 803 56 DAVID M MASARIK 200 EVENING STAR LN NEWPORT BEACH, CA 92660 117 803 60 CASTAWAYS HOMEOWNERS ASSN 16845 VON KARMAN AVE #200 IRVINE, CA 92606 117 801 17 CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH, CA 92658 @09L5 SAW-=b%%7 o A8 W3AV-09 -008-L @09L5;uege6 al zosimn OYAJaAe'MMM ® apldea 96eg:)as a ;a a6winogjue uolssai'dwl Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® 117 801 18 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 117 803 25 LONIE L MURR 1 CASTAWAYS NORTH NEWPORT BEACH, CA 92660 ® www.avery.com 1- 800 -GO -AVERY 117 803 40 R A & K E ALLISON 218 KAMANAWAI #218 -2 HONOLULU, HI 96815 117 801 19 CHURCH NEWPORT HARBOR 798 DOVER DR NEWPORT BEACH, CA,92663 President of the Church Council Newport Harbor Lutheran Church 798 Dover Drive Newport Beach, CA 92663 Pastor Bradley R. Stienstra Newport Harbor Lutheran Church 798 Dover Drive Newport Beach, CA 92663 WAVERY® 51600 117 803 50 CHRISTOPHER L RABBITT 2 CAPE ANDOVER NEWPORT BEACH, CA 92660 35 LABELS PA2009 -137 Created May 8, 2012 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, May 22, 2012, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Development Agreement for Newport Harbor Lutheran Church (PA2009 -137) - An annual review of Development Agreement No. 10 ( "DA ") for Newport Harbor Lutheran Church ( "Church "), pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. The DA, executed in 1997, vested development rights for the expansion of Church facilities and the conveyance of park land to the City, and also addressed parking for Church. The City Council will review Church's good faith compliance with the provisions of the DA. Newport Harbor Lutheran Church is located at 798 Dover Drive. This project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. All interested parties may appear and present testimony in regard to this application. 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. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. aF ��W�Rr Ceilani Brown, City Clerk City of Newport Beach u e,. � c�geo pN�� NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, May 22, 2012, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Development Agreement for Newport Harbor Lutheran Church (PA2009 -137) - An annual review of Development Agreement No. 10 ( "DA ") for Newport Harbor Lutheran Church ( "Church "), pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. The DA, executed in 1997, vested development rights for the expansion of Church facilities and the conveyance of park land to the City, and also addressed parking for Church. The City Council will review Church's good faith compliance with the provisions of the DA. Newport Harbor Lutheran Church is located at 798 Dover Drive. This project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. All interested parties may appear and present testimony in regard to this application. 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. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. � / / —� 0, Leila rown, City Clerk City of Newport Beach , ( Annual Review of Development Agreement No. 10 Newport Harbor Lutheran Church PA2OO9 -137 City Council Public Hearing May 22, 2012 U � 9LIFOR�� Newport Harbor Lutheran Church 798 Dover Drive