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HomeMy WebLinkAbout2300 FORD RD_ST MATTHEWSMarrelli, Marina From: Marrelli, Marina Sent: Monday, April 02, 2001 5:14 PM To: wayne.holtan@domusstudio.com' Subject: St Matthews Church - 2300 Ford Rd HI Wayne, I thought it might be easier to e-mail you with my final corrections. They still involve the lighting/photometrics. I spoke with my boss, and he directed me to t:,e sure to include the following in the plans: 1. On the photometric r!an. 1ho nlambers must be less than 1 closest to the property lines, especially those portions close to residential areas. 2. The photometric plan m, ­1 in�lwls the parking area of the next door school since required parking will be used there. 3. Include cut sheets for the extorior light fixtures making sure they include zero cutoff fixtures and show shielding options. Make the cut sheets part of the plans. On another issue, I received the parking agreement requested as a condition of approval for the use permit. I will have it reviewed by the planner who hPn ,1, 1 Ih^ use permit. 1 have no reason to think it is not compliant. Those appearto be the ori7 ,•, i­ues. Thanks, Wayne. Marina Marrelli City of Newport Beach (949) 644-3205 COMMERCIAL/INDUSTRUL ZONING CORRECTIONS Phone: (949) 644-3200, FAX (949) 644-3250 11 By: ❑ Jay Garcia, Senior Planner Date Propo: Zone 19-CORI `N V v n � s� 6,194f - 3ems• \I.,- tdMarina Matrelli, Assistant Planner CHECKNO: :207C—?e" ❑ O.T. ❑ T.I. ❑ AIC Ready to Issue O ildt date ❑ Janet Johnson Brown, Planning Technician l.UA5rl^VUIVVOI JX IUUUGU* ♦w. ✓ �• ^ 1 � Exemption No. Because Approval In Concept (AIC) No. (Note: File 3 sets ofplans: site, floor, and elevations) Waiver # Effective Date Coastal Development Permit No. / Effective Date CORRECTIONS REQUIRED: 2' tc ,d4 �- / 44—. /p L f 3, Legal Description: Lots Block Section Tract 15 317 ' Resubd]vision required to combine lots or portions of lots when construction or alterations are in excess of $20,480. Covenant required. Please have owner's signature notarized on the attached document and return to me. ¢e..� Lot Size/Tenant Sq. Footageh 2. I / Required Setbacks pee�i` V5 _Front y,_ -Right Side Left Side Rear Other w iJ% _ Jn.j.`.: D. 5fq�sa�hdDV S��1RPa �tivmit (NCI •G, Y-e- /rL!/J 'L/n1.�.- � -1-4 Mj, -a- IO I/'�•� tiFAR WORKSHFET h.e ( A Kt3 �+^a t oc4l `')m o f (e' *7' t area (site area sn tt): sq.fL Base Development Allocation (BDA): comet sq.tl. [0.5 x site men. sq.ft, wdess otherwise specified in Land Use Element] FARpeermitted, wit without variance: (A) comm res nke Square footage permitted: comm res nke soft. [(A) x site area sq.R.] 4 _• . .v . _ — ���r�uH-too.► Vjj60& Gl�hf fi(xtu�s s-�c-f OA-p%os Aa! phalo[Me-'�f�i �olnN Uhd,P,ru2t�—faW PROPOSED DEVELOPMENT: PROPOSED WEIGHTED DEVELOPMT, (C) Base FAR use sq.f . Sq.f . FAR Use Category Weighting Facto Weighted Sq.Ft. (G) (H) (GXH) (D) Reduced FAR use sq.R sq.R _sq.1t Base X 1.00 sq.1L (E) Maximum FAR use sq.lt sq.ft _sq.R. Reduced X 1.67 sq.ft (F) TOTAL SQ.FT.[C+D+E] sq.R _sq.R. Maximum X 0.50 sq.ft PROPOSED FAR: [ F O'site area sq.tt ] TOTAL WEIGHTED SQ.FT sq.R. .(May not exceed BDA) (OVER) COMMERCMLIINDUSTRIAL ZONING CORRECTIONS (Continued) CORRECTIONSREOUIRED: % $8 awl ����/�� a�'rined•' Sheet' se�ar~aj� ��_-=a.== Provide tissue overlay of calculations to verify provided square footage. / 0--lo rA.L ��— arking (Indicate number of stalls provided) Total On -Site Pazld Required Provided ctlla>v*L�anot`uN.d sz=3tz l see�•1 Dimension building height as measured from natural grade to midpoint and maximum ridge roof height 6-19 /%1 �i See A2�o,,ga,+ Show na de line on all elevations Alp'� 4,0, -/a Ae, � 5e e A 2 ,o , A 2.• l ¢ur .vaAw. �lfwd) 8� Show all rooftop mechanical equipment and dimension from grade directly below. a1{eyWiVW�e„t 0% at-fio ey�clorWrt$ It Y` Dfs Indicate location of trash containers on site plan. f o Floor Plan fully dimensioned showing all room uses. 0 &�&' 4s tArkl;fibned Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. Joagr SPECIAL APPROVAL REQUIRED: T_P1 dicate any discretionary approval numbers on the plans and incorporate the following: ' x rpt of minutes and list of findings and conditions into the blueline drawings ,L Copy attached approval letter into the blueline drawings ❑ Copy attached Sec sheet 'j' Ot 2 DISCRETIONARY ACTION REOUMED• Planning Director (PD). Planning Commission (PQ or City Council: Use Permit: ❑ PD g PC No. 3(o33llNEon" Variance: No._ Tentative Tract: No._ Site Plan Review: No._ Amendment: No._ Other OTHER DEPARTMENT: Public Works/Utilities Departments: Plans Approval by: Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Significant Links Building Department: Grading Engineer General Services Department: Approval of Landscape Plans 're V16WeJ Modifications Committee: Indicate Approval No. on Plans Modification No. Resub No._ Condo Convsn No._ Lot Line Adjsmt No. _ Review & Signature on Final Plans Required ❑Public [Forks Dept. O Utilities Dept. ❑ Public Work Dept. O Utilities Dept. .F4+we, ❑ Public Works Dept. O Traffic Eng. ❑ Public Works Dept. ❑ Urban Forester NOTE. It is the responsibility of the applicant to circulate his plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (949) 644- 3200. FORMSICOMMZON.COR R".5127/99 ,07,i9y 95,5G9. s347 SINGLE LEVEL PRESCHOOL 2 96 F. t; lJ ►1� ttva � `�� _q f7, F`fg 'Z14Z'{.�= t 5r 5 t•5' 6$ Ira i.5 �.19•l Z$,953 i! I�i.'} r-1_'i�r ' LS' 1 ►�� 2� � - q-3 x 3• 3't" 340�{,$ Lr 7j, %'�3$.00 � 133.01t 55 �0 C le•S� l�1�4��'=$'i50 i 3 K(e2T�}i�= 4$,1 • ,+ 1 t iIe. 5 g 8 9 ID FIRST FLOOR S.F. CALCULATION OVERLAY 4 i M 3?. qz— - AREA OF GREATER -THAN_ 5 CEILING HT L . l / AREA OF GREATER SECOND FLOOR b ADMIN. BLDG' ` 1 �., Rf�iS'-I'Q�7•'l - 2 90 F. w { i i ,42 : (P%5 d t44 ►Dv ! t I - p - - F,. THAN 5' CEILING HT. PARISH HA L f C ; k 4 } E / D S ECOND FLOOR .F. CALCULATION OVERLAY 3. y602-1 Proprietary Design The Drawings, Designs, and Infor— mation contained on this sheet are the Property of Dominy + Associates Architects, are de— veloped for -use on, an in connection with this specific project, and are disclosed in confidence and shall not be copied, reproduced, published or otherwise used, directly or indirectly, in whole or in part to provide information to pro— duce, construct, or manu— facture drawings, prints, apparatus, parts, or assemblies without the full knowledge and written consent of Oom— iny + Associates Architects. This Drawing is protected by Common Law Copyright. All Patentable Material contained herein and originating with Dominy + Associates Archi— tects shall be the Property of Dominy + Associates Archi— tects. Any use of Patentable -Material shall be subject to Royalty Payments to Dominy + Associates Architects. c Copyright Date 3/1/90 * Q No. C7994 — REN �Q 9TFOF- CA���� 2 U UQ U w In CO �Of a CO z REVISIONS• BY ' DATE 1/17/01 SCALE. . DRAWN JOB 9909 SHEET �a Ole /q ?sWio7 Mar 27 01 05:42p Guggenheim/Hoelscher 949-752-7968 THIS ORICINALOOCOML-0 #ASSCANNEF 1'"` -" r_.�f ffAND ELECTRONICALLY RECORDED ON IH;.i i.�...;++•.rllili:�'r7avRRNCEPOi�'FF�` WHEN RECORDED, MAIL T0: MCDERMOTT, WILL & EMERY 1301 Dove Street, Suite 500 Newport Beach, California 92660 Attn: John B. Miles, Esq. UP 30 MB Document NoJ3 11 U9_o of%_q First American Title IrtsurnnFn r,': s AGREEMENT FOR RECIPROCAL EASEMENTS AND OTHER MATTERS THIS AGREEMENT FOR RECIPROCAL EASEMENTS AND OTHER MATTERS (the "Agreement") is entered into on 3�e��tvx.fle.� 3D , 1998, by and between CHURCH OF ST. MATTHEWS BY THE SEA, a California non-profit corporation ("ST. MATTHEWS"), whose address is 1723 Westcliff Drive, Newport Beach, California 92660, and DANIEL M. GUGGENHEIM and SUSAN GUGGENHEIM, TRUSTEES UNDER THE DANIEL AND SUSAN GUGGENHEIM REVOCABLE TRUST DATED APRIL 1, 1992, AS AMENDED AND RESTATED SEPTEM13ER 12, 1994 (the "TRUST"), whose address is 4100 MacArthur Boulevard, 'Suite 150, Newport Beach, California 92660. RECITALS A. ST. MATTHEWS is the fee owner of the real property more particularly described on the attached EXHIBIT "A" (the "Church Parcel"). TRUST is the fee owner of the real property more particularly described on the attached EXHIBIT "B" (the "School Parcel"). The School Parcel and the Church Parcel (collectively, the "Covered Property") are located between Bonita Canyon Drive and Ford Road, off Prairie Road, in the City of Newport Beach, Orange County, California and are depicted in the site plan attached hereto as EXHIBIT "C". B. ST. MATTHEWS and TRUST wish to establish certain easements and certain covenants running with the land affecting the Covered Property by their execution and recordation of this Agreement. ARTICLE I. DEFINITIONS The following terms shall have the meanings set forth below, unless the context clearly indicates otherwise: Section 1.01 - Common Area. "Common Area" means all the Parking Area (as defined below), driveways, and outdoor sidewalks within the Covered Property, as such improvements may be configured - 1 - p.2 Mar 27 01 05:42p Guggenheim/Hoelscher 949-752-7968 p.3 from time to time, but excluding the buildings on the Covered Property, all sidewalks adjacent to such buildings and the sidewalk coverings and landscaping (except as provided in Section 1.07 below). Section 1.02 - Mortgage. "Mortgage" means any duly recorded mortgage, deed of trust, or other conveyance, hypothecation, or encumbrance of a Parcel or any portion thereof or interest therein to secure the performance of an obligation and which will become unenforceable and/or be released or reconveyed upon completion of such performance. The term "First Mortgage" means a Mortgage which has priority over any other Mortgage with respect to the real property encumbered by such First Mortgage. Section 1.03 - Mortgagee. "Mortgagee" means the mortgagee, beneficiary, grantee, or other secured party under any Mortgage. The term "First Mortgagee" shall mean the holder of a First Mortgage. Section 1.04 - Mortgagor. "Mortgagor" means the mortgagor, trustor, grantor, or other person granting a security interest under any Mortgage. Section 1.05 - Owner. "Owner" means the one or more persons who are alone or collect viely the record owner of fee simple title to a Parcel, including TRUST and ST. MATTHEWS. A ground lessee of a Parcel for a fixed term of not less than 35 years, including extension or renewal options, shall be deemed an Owner if the record owner of the fee simple title to the Parcel so agrees in an instrument of record. Such term shall not, however, include any person having an interest in a Parcel or any portion thereof or interest therein merely as security for the performance of an obligation. Section 1.06 - Parcel. "Parcel" means a separate legal lot or parcel, to the extent such lot or parcel is now or hereafter a part of the Covered Property. Section 1.07 - Parking Area. "Parking Area" means all those portions of the Covered Property which are designed and intended for use as parking area for passenger vehicles, and all driveways serving such parking area, as such portions and driveways are from time to time configured. The "Parking Area" shall also include the landscape island located completely within the area designated for use as vehicle parking. The "Phase I Parking Area" and the "Phase II Parking Area" are as defined in Section 2.01(b). Section 1.08 - Permittees. "Permittees" means (i) the employees, agents, members, patrons, guests, customers and invitees of an Owner when such persons are transacting business on or visiting the Covered Property, (ii) the tenants (including subtenants) and contract purchasers of such owner's Lot, when such - 2 - Mar 27 01 05:43p Guggenheim/Hoelscher 349-752-7968 p.4 Section 2.04 - Benefit of Easements; Limitation on Interference and Subdivision. (a) Whenever in this Agreement an easement or right is stated to be granted, reserved, or otherwise established for the benefit of one or more Parcels, such easement or right shall also be deemed to be granted, reserved, or established for the benefit of each portion of each such Parcel. (b) The easements granted or to be granted under this Agreement shall be established and used so as not -to unreasonably interfere with the use and enjoyment of any Parcel by the Owner thereof and by such Owner's Permitted Occupants and Permittees. (c) If any Parcel is hereafter divided into two or more Parcels, each portion of such divided Parcel shall be benefitted and burdened by the easements, rights, and obligations established under this Agreement in the same manner as it was benefitted and burdened prior to such division. Without limiting the foregoing, such division shall not impair any right of any other Owner to use the easements or exercise any other rights with respect to such divided Parcel in the same manner as the same were or could have been exercised prior to such division. (d) Each Owner shall have the right and power to grant to any person who acquires any one or more of the Parcels owned by the granting Owner, or who acquires any Parcel created by a division of a Parcel owned by the granting Owner, all right, title, and interest in all easements and other rights which are established under this Agreement with respect to and for the benefit of such Parcel or Parcels. The provisions of the immediately preceding sentence shall not be construed to alter the intent of TRUST and ST. MATTHEWS that each of the easements and other rights established hereunder for the benefit of a Parcel shall be appurtenant to and shall pass with title to such Parcel or any portion thereof, whether or not such easements and other rights are expressly transferred to a grantee of title to such Parcel or any portion thereof in the same or any other instrument; but such provisions are included only to vest in each Owner the power and authority to execute such documents of conveyance as may from time to time be required by any grantee who acquires title to a portion of the Covered Property from such Owner to reconfirm in such grantee the easements and other rights established hereunder for the benefit of such portion of the Covered Property. Section 2.05 - Rights Reserved. (a) Each Owner shall have the right, without obtaining the consent or approval of any other Owner, to make modifications, from time to time, in those portions of its Parcel which are subject to the easements established under this Agreement, provided that (i) the accessibility of the Covered Property on any such - 6 - Mar 27 01 05:43p GuggenheimlHoelscher 949-752-7868 p.5 Parcel to pedestrian and vehicular traffic shall not be unreasonably restricted thereby, (ii) such modification shall not foreseeably cause any other Owner to change its Parcel in order to conform thereto, (iii) such modification shall not reduce the number of parking stalls on such Owner's Parcel that are available for nonexclusive use as contemplated by Section 2.01 above, (iv) at least 30 days prior to making such modification, such Owner shall deliver to the other Owners, for their review only, copies of the plans therefor, and (v) no change in the size or location of the curbcut and driveways located on the Covered Property and existing on the date hereof, for entry of vehicles to and from Ford Road and any other public streets, shall be made without the prior written approval of the Owner of the other Parcel. (b) Each Owner shall have the right to eject or cause the ejection from any portion of the Common Area on its Parcel of any person not authorized to use such portion of the Common Area. Each Owner shall further have the right to close off, from time to time, the Common Area on its Parcel for such reasonable periods of time as may be legally necessary to prevent the acquisition of prescriptive rights by any person; provided, however, that prior to so closing off any portion of the Common Area, such Owner shall give written notice to the other Owners of its intention to do so and shall coordinate such closing with the other Owners so that no unreasonable interference with the operation of the Covered Property shall occur. ARTICLE III. OBSTRUCTION OF COMMON AREA. Section 3.01 - Obstruction of Common Area. Except as specifically provided in this Agreement, no Owner nor any of such Owner's Permitted Occupants shall obstruct any portion of the Common Area in any way which will impair the continuous and uninterrupted use of such portion for purposes for which easements and rights are established under this Agreement, except during the period and to the extent that the same shall be reasonably required in connection with any of the following: (i) The exercise of the easements established under any of the above Sections of this Agreement; (ii) The exercise of any maintenance or repair obligations established under this Agreement; and (iii) The construction, reconstruction, repair, maintenance, modification, alteration, or replacement of the improvements on such Owner's Parcel, or any part or parts thereof (to the extent the same may be permitted under applicable law and is not prohibited by any provision of this Agreement), at any time or from time to time located on such Parcel. - 7 - Mar 27 01 05:43p Guggenheim/Hoelscher 949-752-7966 p.6 ARTICLE IV. CONSTRUCTION, MANAGEMENT, MAINTENANCE AND REPAIR OF COMMON AREA Section 4.01 - Construction of Parking Area and Certain Shared Improvements. (a) TRUST shall cause the construction of those certain Phase I Parking Area improvements and those certain infrastructure improvements listed as line items in the section entitled "Shared Costs/Site and Parking Lot" of the Sitework Design Development Estimate (Revised 1/21/98) for Newport Coast Child Development Preschool prepared by Lyle Parks, Jr., Inc., general contractor (such improvements are referred to herein as the "Shared 50% Improvements"). TRUST shall initially be solely responsible for the costs of the Shared 50% Improvements. Upon issuance to ST. MATTHEWS of a building permit for the building(s) (if more than one, for the first building) to be constructed on the Church Parcel, ST. MATTHEWS shall promptly reimburse TRUST for fifty percent (50%) of the total costs of the Shared 50t Improvements as actually incurred by TRUST. TRUST shall provide ST. MATTHEWS with such supporting documentation for the costs of the Shared 50% Improvements as ST. MATTHEWS reasonably requests. (b) Notwithstanding TRUST's easement rights to the Phase II Parking Area as set forth in this Agreement, ST. MATTHEWS shall be solely responsible for the costs of construction of the Phase II Parking Area. ST. MATTHEWS shall construct the Phase II Parking Area concurrently with its development of the Church Parcel. (c) Except as set forth in subsection (a) above and in Section 4.02 below, ST. MATTHEWS and TRUST shall each be responsible for all improvements constructed on their respective Parcels. Section 4.02 - Parking Area Maintenance. From and after the date of issuance of a certificate of occupancy for the building(s) (if more than one, for the first building) on the Church Parcel, all costs incurred in connection with the Parking Area (e.g., utilities, lighting, landscaping, maintenance, repair and, to the extent mutually agreed by the Owners), replacement shall be shared 24% by TRUST and 76% by ST. MATTHEWS [i.e., in the ratios which the required parking for each Parcel bears to the total required parking: 32/134 for the School Parcel and 102/134 for the Church Parcel]. Section 4.03 - General Maintenance and Repair of Common Area and Parcels. (a) Subject to the sharing of certain costs as set forth in Section 4.02(b) above, each Owner shall maintain the Common Area Mar 27 01 05:44p Guggenheim/Hoelscher 949-752-7968 p.7 on its Parcel in clean order and good condition and repair, including the Parking Area, all sidewalks, entrances, exits, aisles, driveways, and roadways from time to time located on the Common Area during the term of this Agreement and shall keep the same open for the free use thereof as intended in this Agreement. The foregoing obligation shall include keeping the Parking Area on an Owner's Parcel free from rubbish and debris, causing that portion of the Parking Area to be swept on a regular basis, restriping, surface repairs, maintenance and replacement of lighting, landscaping and irrigation systems and any other maintenance and repair necessary to keep the Common Area in good condition and repair. Each Owner shall have the general possession and control of the Common Area on its Parcel, subject to the rights established hereunder for the other Parcel and the other Owner. (b) Each Owner shall keep, maintain, manage, and operate all portions of its Parcel, including the facilities and improvements thereon, in clean order and in good condition and repair. Each Owner shall bear the costs of installing, maintaining and repairing any utility lines, wiring, pipes or systems on its Parcel, except those installed, maintained and repaired by the other Owner pursuant to Section 2.02, (c) Each Owner shall be responsible for the storage and timely removal of all trash from its Parcel. No Owner or any Permitted Occupant of such Owner shall use the Parcel of the other Owner for trash disposal, except upon the advance written consent of the other Owner. Section 4.04 - Owners' Respective Costs. Except as otherwise specifically provided herein or as otherwise agreed to in writing from time to time by the Owners, the expenses incurred by each Owner in performing the acts required to be performed by such Owner under this Agreement shall be borne solely by such Owner. Section 4.05 - Rules and Regulations. Reasonable rules and regulations for use and enjoyment of the Common Area (the "Rules and Regulations") may be adopted and modified from time to time by mutual agreement of the Owners, The Rules and Regulations may regulate use and enjoyment of the Common Area in a manner not inconsistent with the provisions of this Agreement. Each Owner shall observe and comply with, and shall cause its Permittees to observe and comply with, the Rules and Regulations. The Rules and Regulations shall apply uniformly to all Owners and their respective Permittees, unless the Owners mutually agree that such uniformly would not be consistent with the nature of the business of any particular Owner or Permittee. ARTICLE V. RIGHTS TO ENTER COMMON AREA AND TO MAINTAIN FOR ANOTHER Section 5.01 - Right to Enter Common Area. Each Owner shall Mar 27 01 05:44p GuggenheimlHoelscher 949-752-7988 p.8 have the right to enter upon any portion of the Common Area to perform the work or furnish the services required or permitted of such Owner by this Agreement to be performed on such portion of the Common Area. Section 5.02 - Right to Perform Work of Another. Each Owner shall have the right to enter upon any portion of the Common Area to perform the work or furnish the services required of the other Owner by this Agreement, without being obligated to do so, in the event such other Owner shall fail to perform such work or render such services upon or as to such portion of the Common Area. Section 5.03 - Procedure for Performance. Prior to any performance of work or furnishing of services by any Owner (the "Curing Owner") for any work or services required of the other Owner (the "Responsible Owner") pursuant to this Agreement, the Curing Owner shall give to the Responsible Owner notice of the work to be performed or the services to be furnished. Such notice shall be given as provided herein and shall be given at least 15 days prior to the commencement of such performance of work or furnishing of services; provided, however, that if the work to be performed or the services to be furnished are of an emergency nature, the Curing Owner need not give 15-days' prior notice, but shall give notice as soon as reasonably practicable. Section 5.04 - Cost of Performance. Upon completion of any performance of work or furnishing of services pursuant to Section 5.03 above, or from time to time if such work or service is of a continuing nature, the Curing Owner shall submit an itemized statement of the cost thereof to the Responsible Owner. The amount thereof shall be due and payable by such Responsible Owner to such Curing Owner within 10 days after such Responsible Owner's receipt of such statement. The amount shown on such statement as expended by such Curing Owner shall bear interest at the rate established pursuant to Section 7.02, from the date of the expenditure therefor until the date of full reimbursement by such Responsible Owner. Section 5.05 - Removal of Liens. Whenever under the terms of this Article V any Curing Owner undertakes to perform any work or furnish any service with respect to the Parcel of the other Owner, such Curing Owner shall not permit any mechanics', materialmen's, or other similar lien to stand against such Parcel in connection with such work or service (except for its own lien rights granted pursuant to this Agreement). Notwithstanding the foregoing, such Curing Owner may bond against and contest the correctness or validity of'any such lien, but upon determination of the correctness or validity and the amount thereof, it shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released at its sole expense. - 10 - Mar 27 01 05:45p Guggenheim/Hoelscher 949-752-7568 p.9 � n ARTICLE VI. DEFAULTS AND LIEN RIGHTS Section 6.01 - Default and Cure. If any owner shall be compelled, or shall elect pursuant to this Agreement, to pay any sum of money or do any act which requires the payment of money by reason of any other Owner's failure or inability to perform any of the provisions of this Agreement to be performed by such defaulting Owner, then such defaulting Owner shall promptly upon demand reimburse the paying Owner for (i) such sums actually expended by such paying Owner as a result thereof, (ii) such paying Owner's reasonable out-of-pocket expenses (including reasonable attorneys' fees) in so doing, and (iii) all penalties, if any, arising from such defaulting Owner's failure or inability that were paid by such paying Owner, with interest on all such amounts at the rate provided in Section 6.02 below from date of payment by such paying Owner to the date of reimbursement from such defaulting Owner. Section 6.02 - Due Date; Interest. Except as may be otherwise specifically provided herein, if any Owner shall fail to pay any other Owner any amount due such other Owner pursuant to the provisions of this Agreement on or before the time specified herein (or within 10 days after written request therefor, if not so otherwise specified herein), then such other Owner shall be entitled to collect interest at a rate equal to the greater of (i) one percentage point above the then existing reference rate of interest announced from time to time by the Bank of America, Los Angeles, California, as its reference rate of interest or (ii) 10% per annum (but in no event exceeding the maximum rate then permitted by applicable law), from such due date until full payment is made to such Owner, as well as the costs of collection of such amounts (including reasonable attorneys' fees). Section 6.03 - Lien Rights. (a) In the event any Owner fails to reimburse the other Owner for any costs expended by the other Owner under Sections 3.04, 4.02, 5.04 and 6.01, or otherwise disputes its obligation too so reimburse the other Owner, then such matter shall be submitted to the American Arbitration Association for binding arbitration in Orange County, California, by one arbitrator in accordance with the Association's Commercial Rules. Upon the rendering of an award by such arbitrator against an Owner (the "Defaulting Owner"), the award shall be a charge against the Parcel of the Defaulting Owner in favor of the Owner in whose favor the award was rendered (the "Non -Defaulting Owner"). The charge shall be the personal obligation of the Defaulting Owner, and of the successor in interest of such Defaulting Owner. The Non -Breaching Owner may deliver to the Defaulting Owner and record with the Orange County Recorder a certificate or notice of lien describing the nature of the violation, the legal description of the Parcel, the record or reputed owner thereof, the name and address of the owner filing such notice of lien, and the amount due (including authorized Mar 27 01 05:45p Guggenheim/Hoelscher 949-752-7969 p.10 interest and other reasonable costs of collection. No lien shall exist until such notice of lien is recorded, and the priority of such lien shall be determined as of the date of the filing of such notice of lien for recording. Such lien shall continue until released by the Non -Breaching Owner or fully discharged, but in no event longer than 2 years after the date of recording. Such lien may be enforced by sale of the entire interest of the Defaulting Owner in the Defaulting Owner's Parcel by the Non -Breaching Owner or any other person authorized by law to make such sale. Such sale shall be conducted in accordance with the provisions of California law applicable to the exercise of powers of sale in mortgages, or in any other manner permitted by law. (b) Upon payment to the Non -Breaching Owner of the full amount claimed in a notice of lien recorded pursuant to paragraph (a) above or upon other satisfaction thereof, the Non -Breaching Owner shall cause to be recorded a notice of the satisfaction and release of such lien. ARTICLE VII. INSURANCE AND INDEMNITY Section 7.01 - Liability Insurance. Each Owner shall, at its sole cost and expense, obtain and keep in effect from the date of this Agreement either comprehensive general liability insurance or commercial general liability insurance (as such terms are used in the insurance industry) applying to the use and operation of the Common Area on its Parcel. Such insurance shall include broad form contractual liability insurance coverage insuring all of such Owner's insurable indemnity obligations under this Agreement. Such coverage shall have a minimum combined single limit of liability of at least $1,000,000 per occurrence and a general aggregate limit of at least $1,000,000 for each 12-month period during the policy term. Each such policy shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned, during the policy term, and shall be endorsed (i) to add the other Owner as an additional insured and (ii) to provide that such coverage shall be primary and any insurance maintained by the other Owner shall be excess insurance only. Each such policy shall provide for severability of interests, and shall provide that an act or omission of one of the named insureds shall not reduce or avoid coverage to the other named insureds. All coverages described above in this Section shall be endorsed to provide the other Owner with at least 30-days' prior written notice of cancellation. Section 7.02 - Indemnity. Each Owner shall indemnify, protect, defend, and hold the other Owner harmless from and against any and all claims, loss, damages, proceedings, causes of action, liability, costs, and expenses (including reasonable attorneys' fees) arising from or in connection with, or caused by, (i) any act, omission, or negligence of such Owner, or any of such Owner's Permitted Occupants, Permittees or contractors, at any time while - 12 - Mar 27 01 05:46p Guggenheim/Hoelscher 848-752-7968 p.11 on the Covered Property, or (ii) any accident, injury, death, or damage suffered by any person or property on or about the Parcel of the indemnifying Owner, excluding any such claims, loss, damages, causes of action, liability, costs, or expenses to the extent arising from or in connection with, or caused by, negligence or willful misconduct of the other Owner (as applicable). ARTICLE VIII. RIGHTS OF MORTGAGEES Section 8.01 - Lien Not Invalidated. No breach or violation of any provision of this Agreement shall invalidate or impair the lien of any Mortgage made in good faith and for value. However, except as provided in Sections 8.02 and 8.04 below, all of the covenants, conditions, restrictions, and other provisions hereof shall be binding on any Owner (as distinguished from a Qualifying Mortgagee under Section 8.02) whose title is derived through a foreclosure sale, a deed or assignment in lieu of foreclosure, or otherwise pursuant to the lien rights of the Mortgagee under such Mortgage (including, without limitation, all unsatisfied obligations accruing prior to such Owner's acquisition of title). Section 8.02 - Mortgagee Need Not Cure. Any First Mortgagee holding a First Mortgage securing a loan or other extension of credit made in good faith and for value to an Owner (a "Qualifying Mortgage") who acquires title to a Parcel by foreclosure sale or by deed or assignment in lieu of foreclosure shall not be obligated, during the period in which it so holds title, to cure any breach of this Agreement that occurred prior to the date of its acquisition of such title or that is noncurable or of a type that is not practical or feasible to cure. Section 8.03 - Mortgagee Request for Notice. If any First Mortgagee of a Parcel shall make written request to an Owner of another Parcel for notice of any action which such Owner shall thereafter take under Article V above with respect to the mortgaged Parcel, then a copy of any notice given pursuant to such Article by such Owner with respect to the mortgaged Parcel shall simultaneously be given by such Owner to such Mortgagee. Upon receipt of such notice, such Mortgagee shall have the right (but in no event shall be obligated) to perform or cause to be performed the work or cause to be rendered the service due under this Agreement from its Mortgagor, to the same extent and upon the same conditions as its Mortgagor might have done so. Section 8.04 - Additional Rights of Mortgagees. A lien created against a Parcel pursuant to Section 6.03 above for amounts due from the Owner of such Parcel shall be subordinate to the lien of any Qualifying Mortgage. On taking title to the Parcel encumbered by the Qualifying Mortgage, the foreclosure -purchaser shall be obligated to pay only those maintenance costs that become due or payable on or after the foreclosure -purchaser acquired title to such Parcel. - 13 - Mar 27 01 05:47p Guggenheim/Hoelscher 949-752-7368 0.12 ARTICLE IX. TERM AND TERMINATION Section 9.01 - Term and Termination. Except for then existing easements, the duration of which shall be governed by Section 2.02(c), this Agreement shall continue in force until December 31, 2020, unless an agreement for termination hereof is recorded meeting the requirements of an amendment to this Agreement as set forth in Section 10.01 below. This Agreement shall be automatically extended for successive periods of 10 years as to each Parcel, unless an instrument meeting the requirements of such an amendment has been recorded at least 60 days prior to December 31, 2020, or the end of any such 10-year period (as applicable), terminating this Agreement in whole or in part. Section 9.02 - Effect of Termination. Upon termination of this Agreement as to any Parcel, all rights and privileges derived from, and duties and obligations created or imposed by, the terms hereof for the benefit of or as a burden upon such Parcel shall terminate and thereafter cease to exist; and all burdens in favor of such parcel, as the dominant estate, over and upon any other of the Parcels, as the servient estate, shall likewise terminate and thereafter cease to exist. Notwithstanding the foregoing, such termination shall not limit or affect any remedy at law, in equity, or under this Agreement of any Owner entitled to enforce the provisions hereof against any other Owner with respect to any liability or obligation on the part of such other Owner arising or to be performed under this Agreement prior to the date of such termination; nor shall such termination affect the duration of easements governed by Section 2.03(c). Section 9.03 - No Termination Upon Default. This Agreement and the rights and obligations arising hereunder shall continue in full force and effect throughout the term of this Agreement, notwithstanding any breach or violation of any provision hereof by any Owner. ARTICLE X. GENERAL PROVISIONS Section 10.01 - Amendment. This Agreement, or any provision hereof, may be terminated, extended, modified, or amended only by a written instrument executed and acknowledged by all Owners of the Parcels. Section 10.02 - Covenants To Run With Land. The parties agree that the Covered Property shall be held, developed, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the covenants and other limitations set forth in this Agreement (collectively, the "Covenants"). All and each of the Covenants shall run with the land, shall be binding upon and burden, and shall inure to the benefit of, all persons having or acquiring any right, title, or interest in the Covered Property, or - 14 - Mar 27 01 05:47p Guggenheim/Hoelscher 943-752-7968 �1 p.13 any part thereof, and their successors and assigns, and if unenforceable as covenants running with land, shall constitute equitable servitudes imposed on each Parcel. Section 10.03 - Enforcement Rights. In the event of any breach, violation, or failure to perform or satisfy any of the duties or obligations contained herein which has not been cured within 30 days after written notice to do so, any Owner may enforce the provisions of this Agreement (i) by a suit in law for damages for any compensable breach of or noncompliance with any of the provisions contained herein or for declaratory relief to determine the enforceability of any of such provisions, (ii) by an action in equity or otherwise for specific performance to enforce compliance with the provisions hereof or for an injunction to enjoin the continuance of any such breach or violation thereof, or (iii) through any other right or remedy to which such Owner may be entitled at law or equity. All remedies provided herein or by law or equity shall be cumulative and not mutually exclusive. Section 10.04 - Force Majeure. Each Owner shall be excused from performing any of its obligations or undertakings provided for in this Agreement, except any of its obligations to pay any sums of money under applicable provisions hereof (unless the means of transmitting money are disrupted by one or more of the following events), in the event and for so long as the performance of such obligation is prevented, delayed, retarded, or hindered by (i) fire or explosion; (ii) earthquake, flood, action of the elements, or any other act of God; (iii) war, invasion, insurrection, riot, mob violence, sabotage, or malicious mischief; (iv) inability to procure or general shortage of labor, equipment, facilities, materials, or supplies in the open market or failure of transportation; (v) strike, lockout, or other labor dispute; (vi) condemnation, requisition, law, or order of government or civil or military or naval authority; or (vii) any other cause (excluding financial inability), whether similar or dissimilar to the foregoing, not within the reasonable control of such Owner. Section 10.05 - Offset Statement. Each Owner shall, upon reasonable request of any other Owner or of any Mortgagee of such other Owner, furnish an offset statement stating whether this Agreement is in effect, identifying any modifications or amendments, and stating whether or not the Owner furnishing the statement knows of any default of another Owner under this Agreement and, if so, specifying the nature of such default with particularity. Section 10.06 - No Rights in Public; No Merger. (a) Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Covered Property to or for the general public or for any public purpose whatsoever, it being the intention of the parties that this Agreement shall be strictly - 15 - Mar 27 01 05:48p Guggenheim/Hoelscher 949-752-7968 p.14 limited to and for the purposes herein expressed. (b) The acquisition of title by an Owner to both a Parcel benefitted by any of the provisions of this Agreement, or by any easement established hereunder, and a Parcel burdened thereby shall in no event cause a termination or merger of such provision or easement with respect to such Parcels unless such Owner records an instrument stating that by virtue of such acquisition the lesser interest has merged into the greater interest. Section 10.07 - No Waiver; Cumulative Remedies. (a) No waiver of any default by any Owner shall be implied from any omission by any other Owner to take any action in respect of such default, if such default continues or is repeated. No express waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. A waiver of any default in the performance of any provision contained in this Agreement shall not be deemed to be a waiver of any subsequent default in the performance of the same provision or any other provision contained herein. The consent or approval of any Owner to or of any act or request by any other Owner requiring consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar acts or requests. (b) The rights and remedies given to each Owner under this Agreement shall be deemed to be cumulative; and no one of such rights and remedies shall be exclusive, at law or in equity, of any other right or remedy which any such Owner might otherwise have by virtue of a default under this Agreement. The exercise of one such right or remedy by any such person shall not impair such Owner's right to exercise any other such right or remedy. Section 10.08 - Attorneys' Fees. In the event at any time during the term of this agreement an Owner shall institute any action or processing against any other Owner relating to the provisions of this Agreement or any default hereunder, then the unsuccessful Owner in such action or proceeding, as determined by the Court, shall reimburse the successful Owner therein for the reasonable costs (including Court costs and reasonable attorneys' fees) incurred therein by such successful Owner. Section 10.09 - Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, or sent by registered or certified mail, postage prepaid, return receipt requested, or overnight courier, or telecopy, and shall be deemed received upon the earlier of (a) if personally delivered, the date of delivery to the person to receive such notice, (b) if mailed, on 'the' date appearing on the return receipt, but if delivery of the notice or communication is refused or if the notice or communication is - 16 - Mar 27 01 05:48p Guggenheim/Hoelscher 949-752-7968 p.15 v r, unclaimed, then it shall be conclusively deemed received four (4) business days after the date of posting by United States Post Office, or (c) if given by overnight courier, upon receipt by the person to receive such notice as confirmed by the courier service. The address of each party for purposes of notices and communications is as follows: If to TRUST c/o Daniel M. Guggenheim The Guggenheim -Company 4100 MacArthur Boulevard, Suite 150 Newport Beach, CA 92660 If to ST. MATTHEWS: 1723 Westcliff Drive Newport Beach, California 92660 Attn: Rev. Stephen C. Scarlett Notice of change of address shall be given as detailed in this Section 10.09. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. If an Owner has transferred its Parcel and the new Owner has not provided the other Owner with its address for notices, such notice shall be given to the Owner at the address maintained by the County tax assessor, for the mailing of tax bills for the parcel of such owner. Section 10.10 - General Interpretation. (a) This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. If any provision contained in this Agreement (or the application thereof) shall to any extent be invalid or unenforceable, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (b) The captions herein are for convenience of reference only and shall not affect the interpretation hereof. All exhibits referred to in this Agreement are incorporated in this Agreement in their entirety. (c) No provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted such provision. (d) Unless otherwise specified herein, if the consent of an Owner is required such consent shall not be unreasonably withheld. (SIGNATURE PAGE FOLLOWS] - 17 - Mar 27 01 05:49p Guggenheim/Hoelscher 949-752-7968 P. 16 IN WITNESS WHEREOF, the parties have executed this instrument on the date first above written. NP\47200\010\10REAAN0.004 CHURCH OF ST. MATTHEWS BY THE SEA, a California non-profit corporation j� - Name: : � l • �i� rC/� Title:rC� DANIEL AND SUSAN GUGGENHEIM REVOCABLE TRUST DATED APRIL 1, 1992, AS AMENDED AND RESTATED SEPTEMBER 12, 1994 By: Daniel M. Gug eim Trustee By: o� �CX Susan Guggen eim Trustee Mar 27 01 05:49p Guggenheim/Hoelscher n FZ%#1Wj*4C1/&1*j n p.17 STATE OF CALIFORNIA ) ss. COUNTY OF ) On / / 6ti�1, 1991fbefore me, /ZgfMt- personally appeared ,rim Ph personally known to me (or proved to mb on the basis of satisfactory evidence) to be the person Gal whose name.W is/a-r - subscribed to the within instrument and acknowledged to me that he/shekthey executed the same in his/her-ft-hei-f authorized �,.. �, capacity (ies) , and that by his/�z-,-�z signature (z'j• on the instrument the person Cal , or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature t1(,%G� (� (� ✓�0 STATE OF CALIFORNIA ) SS COUNTY OF ) 0A , 19 fore me, personally appeared \ �, �� w.� personally known to me (or proved o 1 on the basis�of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W TNESS my hand and official seal. Signature (Seal) CAiHIE Ho—wmN a J ODAM. d 1(6%W g • _ WORANGECOUNIY - 19 - Mar 27 01 05:49p Guggenheim/Hoelscher 949-752-7968 p.18 EXHIBIT "A" LEGAL DESCRIPTION OF CHURCH PARCEL [TO BE ATTACHED AFTER SUBDIVISION] - 20 - Mar 27 01 05:50p Guggenheim/Hoelscher WE, 949-752-7968 p.19 DESCRIPTION: EXHIBIT "A" PARCEL 1 AND LETTERED PARCEL A OF PARCEL MAP NO. 97-211, AS SHOWN ON A MAP FILED IN BOOK 302, PAGES 11 AND 12 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Mar 27 01 05:50p Guggenheim/Hoelscher 949-752-7868 p.20 EXHIBIT "B" LEGAL DESCRIPTION OF SCHOOL PARCEL [TO BE ATTACHED AFTER SUBDIVISION] - 21 - Mar 27 01 05:50p Guggenheim/Hoelscher 948-752-7968 p.21 DESCRIPTION: EXHIBIT "B" PARCEL 2 AND LETTERED PARCEL B OF PARCEL MAP NO, 97-211, AS SHOWN ON A MAP FILED IN BOOK 302, PAGES 11 AND 12 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. N972SM010110DESCRLOOI Mar 27 01 05:50p Guggenheim/Hoelscher .-\ 949-752-7969 p.22 EXHIBIT "C" SITE PLAN - DEPICTION OF CHURCH PARCEL AND SCHOOL PARCEL - 22 - Mar 27 01 05:51p Guggenheim/Hoelscher 949-752-7966 p.23 h all NEW V WALL Ii i I I NEW n.Ay I PUNAE Li MCA SCHOOL I j I 9UIU:NNO r � I Tro ATwtr I I A,ror rA I MIA ■ M ETW BONITA GANYON ROAD =" Na pROPERTYLINE—Hn-4 Q Q Q 0 Q MUY t p., � SANCTUARY ll Jllf�' �caQn cr �rtll ArR Qlwr QmI Auoo"r Q Q e u o 0 o Q . Q Q Q W Aron j A SOCIALroc HALL AM or rr twe aEAr -- - MlW ArgtllT-��- � IAMvtAAUy 11 A � �� "� r t"� u• x� eon IW� LOT "T" NArgOAf�[r rAr II act � t[?� t 1 � rQpA r ANN IEIN LT MTu I P.Ap�EI i RAW II MlW ArgtllT-��- � IAMvtAAUy 11 A � �� "� r t"� u• x� eon IW� LOT "T" NArgOAf�[r rAr II act � t[?� t 1 � rQpA r ANN IEIN LT MTu I P.Ap�EI i RAW II Mar 27 01 05:51p Guggenheim/Hoelscher 949-752-7968 p.24 n • �y Ell OAV AIL y\o• �P ' I/. a•nESm. L=mAd .� -N4 ■ 1 ": ,ova a �SLl�is'f3 r WN=.� � /i -1 •rt � ' ,ur, � 9 r• � t - t: law •N'' '/ /�/'� m Lnin 0 t� Rpnv 0 Nuy�oy ORS r- N ro I" ! c �o_p UN Mar 27 01 05:52p Guggenheim/Hoelscher 949-752-7968 p.26 persons are transacting business on or visiting the Covered Property, and (iii) the respective employees, agents, members, patrons, guests, customers and invitees of such tenants and contract purchasers, when such persons are transacting business on or visiting the Covered Property. Section 1.09 - Rules and Regulations. "Rules and Regulations" means such reasonable rules and regulations for use and enjoyment of the Common Area as may be adopted and modified from time to time pursuant to Section 4.04 below. ARTICLE II. Section 2.01 - Easements for Use - Access and Parking. (a) TRUST and ST. MATTHEWS each hereby grant to the other as grantee, for the benefit of and appurtenant to each Parcel owned by such grantee, nonexclusive, reciprocal surface easements for access to, ingress and egress over, and use and enjoyment of the Common Area on such grantor's Parcel for (i) passage of vehicles and pedestrian traffic, (ii) parking, (iii) other uses incidental to such passage and parking, and (iv) the doing of such other things as are specifically authorized or required to be done on such part of the Common Area pursuant to this Agreement. Each Owner shall designate an area or areas on its Parcel for parking by its employees and shall take any and all steps reasonably necessary to ensure that the employees park only on such Parcel. (b) The Owners acknowledge that the initial Parking Area shall consist of thirty-two (32) parking spaces, one of which is for a motorcycle (the "Phase I Parking Area"), and upon construction of the church building(s) upon the Church Parcel, the Parking Area will be expanded to accommodate an additional seventy- two (72) parking spaces, one of which is for a motorcycle (the "Phase II Parking Area"). Both Owners shall have access to and use of both the Phase I Parking Area and, upon completion, the Phase II Parking Area, upon the terms and conditions of this Agreement. The total number of spaces in the Phase I and II Parking Area is one hundred four (104), of which two (2) are for motorcycles. Section 2.02 - Utility Easements. (a) TRUST and ST. MATTHEWS each, for itself as an Owner and for each subsequent Owner of each of the Parcels owned by it or any portion thereof, covenants that each such Owner shall grant to each other Owner, upon written request, such nonexclusive underground easements and nonexclusive surface easements related thereto on, under, and across the Common Area on the Parcel of such granting Owner as may be required for construction, installation, operation, maintenance, removal, and replacement of sewers; water pipes and systems; gas pipes and systems; drainage lines and systems; electrical power conduits, lines, and wires; telephone - 3 - Mar 27 01 05:52p Guggenheim/Hoelscher 949-752-7968 p.27 conduits, lines, and wires; and other utilities; provided that such easements shall not interfere with the granting Owner's use of any structures on its Parcel; and further provided that in the performance of any such work the Owner performing such work shall: (i) Make adequate provision for the safety and convenience of all persons using the surface of such easement area; (ii) Minimize interferences with business operations being conducted on the Covered Property, including, without limitation, safe and convenient access to buildings, safe and convenient use of the Parking Area, and elimination of any down time of utility service; (iii) Assure that all such utility installations are placed entirely below the surface of such easement area at a depth consistent with the requirements of the utility provider and sound building practices, except for surface facilities used in conjunction with the underground installation; (iv) Replace and restore the surface of such easement area to the condition in which it existed prior to the performance of such work; (v) Hold harmless, protect, defend, and indemnify such granting Owner from and against all claims, loss, damages, proceedings, causes of action, liability, costs, and expenses (including reasonable attorneys' fees) arising from the performance of such work or the use of such easement by the Owner holding such easement; and (vi) Notify such granting owner in writing, not less than 30 days prior to the performance of such work (except in case of emergency repairs). (b) Each easement established pursuant to paragraph (a) above shall terminate upon the cessation of use thereunder for more than a continuous period of 18 months, unless (i) written notice is given to the Owner of the Parcel which is burdened by such easement, prior to the termination of such 18-month period, of the reason for such suspension of use and of an intention to resume such use within 24 months after the giving of such notice and (ii) such use is in fact resumed prior to the expiration of such 24-month period. Easements providing access to or from adjacent public streets and any portion of the Covered Property shall be perpetual. Section 2.03 - Certain Licenses. (a) From time to time during the term of this Agreement, each Owner may require a temporary license to use portions of the - 4 - Mar 27 01 05:52p Guggenheim/Hoelscher 949-752-7968 p.28 Common Area located on the Parcels of one or more other Owners for the purposes of W performing maintenance upon, or making repairs to, the Parcel of such Owner requiring such license and/or upon or to the improvements on such Parcel, (ii) making construction alterations, additions, and improvements to, or razing and replacing the whole or any part of, the improvements on such Parcel, and/or (iii) obtaining access, ingress, and egress to and from the improvements on the other Parcels to carry on other maintenance, repair, construction, and other work required or permitted pursuant to this Agreement. (b) Within a reasonable time prior to the commencement of any such work, the Owner desiring to undertake the same shall submit to the Owners of those Parcels to be affected by such temporary license, for their respective approvals, (i) a plot plan of all the Parcels on which the submitting Owner shall have delineated those portions of the Common Area with respect to which it reasonably requires a temporary license in connection with such work and such access, ingress, and egress and (ii) evidence sufficient to satisfy a reasonable person of the submitting Owner's adequate financial responsibility (through insurance or otherwise) to fulfill its obligation to restore all damage to the Parcels of other Owners pursuant to the last sentence of paragraph (d) of this Section. Each person of whom such license is requested shall, within 10 days thereafter, notify such submitting Owner whether it approves or disapproves the requested use; and in the absence of such notice, the requested use shall be deemed approved by such person. (c) At all times during the period of exercise of any such temporary license, the licensee shall take all measures reasonably required to protect the other Owners and their respective Permittees, and the property and business of each, from injury or damage arising out of or caused by such work. Such licensee shall not use such temporary license so as to unreasonably impair or interfere with the use, occupancy, or enjoyment of the Covered Property, or any portion thereof, by the other Owners and their respective Permittees. During the period of use of such temporary license, the licensee shall keep all portions of the Parcels of other Owners free and unobstructed by any equipment, construction materials, debris, or loose dirt related to such work, except as permitted under such temporary license. (d) Upon cessation of such work by the licensee, such temporary license shall terminate and the licensee shall promptly restore the portions of the Common Area so used to the condition in which the same existed prior to the time of commencement of such use. The licensee shall also restore all other portions of the Parcels of other Owners which may have been damaged by or in conjunction with such maintenance, repair, or construction work, promptly following the occurrence of such damage. - 5 - CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (949) 644.3210 NOTICE OF FINAL APPROVAL DATE: April 21, 2000 TO: Dominy and Associates Architects FROM: Planning Director SUBJECT: Use Permit No. 3633A Please be advised that Use Permit No. 3633A was approved by the Planning Commission at its meeting of March 23, 2000, and became effective on April 6, 2000. The final findings and conditions of approvals are attached. Any deviation from them or the applications and plans on file in the Planning Department may require an amendment to the application(s) mentioned above for the project. Applicant: St. Matthew's Church Location: 2300 Ford Road Description A request to modify the previously approved elevations, floorplans and building footprints for St. Matthew's Church, by adding an additional 2,257 square feet of useable area and increasing the capacity of the preschool from 50 to 60 children. Should you have any questions, please contact our office. Very truly yours, PLANNIN,9 DEPARTMENT Patricia Temple, Drector By zazf4, 42:, N Gir&Jer Varin Executive Secretary Planning Commission Enclosure: Approved Planning Commission minutes with Final Findings and Conditions of Approval ❑ Approved Council minutes with Final Findings and Conditions of Approved ❑ Approved minutes cc: Property Owner (if not applicant) 3300 Newport Boulevard, Newport Beach City of Newport Beach Planning Commission Minutes March 23, 2000 INDEX have zoning regulations in one part of town, Corporate Plaza, where we established the height of the trees. We have conducted code enforcement to achieve`,compliance with that zoning provision. It can be difficult on an individual single family dwelling to embark on a code enforcement action, but if the condition is applied we will do our best to enforce it. .` Commissioner Tucker sf teal that there seems to be some confusion. I think it might be best to re -do the p`loccwith these minor corrections so that everybody knows exactly what is being sign&d on. Chairperson Selich asked if the apph'can?concurs with the continuance for one more meeting to April 61h, to which he replied'yes. Motion was made by Commissioner Tucker to continue this item to the meeting of April 6, 2000. Ayes: Kiser, Ashley, Selich, Kranzley, Tucker ` •� Noes: None Absent: Fuller, Gifford ` SUBJECT: St. Matthew's Church (David Pfeifer, Architect) Item No. 2 2300 Ford Road Up 3633A • Use Permit No. 3633 Amended A request to modify the previously approved elevations, floorplans and building footprints for St. Matthew's Church, by adding an additional 2,257 square feet of useable area and increasing the capacity of the preschool from 50 to 60 children. Ms. Temple noted that this Use Permit is an amendment to one previously considered by the Commission. The amendment is required due to changes in the approved site plan. There is additional information, a set of revised findings and conditions as a new Exhibit A (distributed). This particular exhibit was prepared because the contract planner on the project inadvertently used the original set of findings and conditions before the Commission had made their changes during public hearing. The items in bold, reflect the changes as a result of this amendment, the items that are italicized are the changes the Commission made the last time they heard this item. You received earlier this week, a communication from the Harbor View Knoll Haomeowners' Association expressing concerns with regard to some of the features of the project. The applicant has been working with that association and a letter from the project's architect describing some proposed changes that they have agreed to will be distributed. As a result of those communications, we have prepared an additional condition of approval, number 14, which will specificially require that a perimter wall along Bonita Canyon Road be installed as a mitigation measure for noise concerns in relationship to the project. City of Newport Beach Planning Commission Minutes March 23, 2000 At Commission inquiry, Ms. Temple noted tha the Site Plan represented a sufficient barrier to road noise coming from Bonita Canyon Road and the San Joaquin Hills Transportation Corridor. The fence is intended to fill any gaps between the buildings on site. It will be allowed to be a property line fence, except that it could be modified to set further back from the intersection should the City site distance standards require it. Lot T is a landscape lot within the area. The present landscape is currently scrub because that side has not been developed. Public comment was opened. Fr. Steven Scarlett, Rector of St. Matthew's Church, 1723 West Cliff Drive stated that he had applied for and was approved the plan that is before you now. What we have done, however, is to rearrange some functions and shuffled some things with building square footage. None of these change the parameters of the project, as our intention is to build a church and pre-school that will be an asset to the community. The wall in question was addressed the last time. It is our intention to build that wall all the way around the perimiter. In our first phase of construction, the actual church will not be built and there will be a wall around the whole property. Eventually, when phase 2 comes along, we will build the church that will supplant some of the wall. The wall will then come up to the church building on either side. David Pfeifer, Dominy and Associates Architects 2150 West Washington, Suite 303, San Diego stated that his firm has been involved with over 75 churches in Southern California. His firm is very familiar with the issues of putting a church in an established residential community. Noting a model, he pointed out the exisitng pre-school on the adjoining site with an existing wall. It is the Church's intention to maintain and continue that wall on the entire frontage on Bonita Canyon, around the comer and onto the southern limits of the project. This is in the Church's interest to provide a safe, quiet environment for the Church in their outdoor spaces. The model represents the first phase of the development. The second phase will be the sanctuary building. When that gets built, it will be a 45 foot tall structure. The church building wall in the frontage will replace the sound blockage and sound attenuation created by the wall in this first phase. When this property was subdivided, there were actual landscape lots between the church buildable property and the right of way and are called Lot T, Lot R and Lot S. These lots will be landscaped and maintained by the church. The actual buildable property line is 37 feet back from the curb, and I estimate from the sidewalk to the wall would be in the 25-27 foot range. After the initial approval, the church went through some analysis to the plans. Looking at how the facility was to be used, they determined they needed a little larger office space and a choir practice room in the second story area. We made some revisions to the plan that affected the massing. It was a net increase of 2,200 square feet in gross square footage. A lot of that square footage is under the steeply, traditional gothic sloping roofs, so in terms of cubic feet, the volume did not INDEX City of Newport Beach Planning Commission Minutes March 23, 2000 increase. We relocated where some of the second story is. We presented these revisions to staff who determined that these revisions should come to the Planning Commission. There is no change in use or architectural character of the project, it is still a church, social hall, worship center, offices, classrooms and a pre-school. The theme of the project is traditional, anglican architectural style, steeply sloping roofs, lansard-like windows with some gothic themes, trying to mainatin the characteristics of a traditional church which this is. The wall was part of the original application and is still part of this application. Nothing of substance has changed in regards to the wall. The extents and heights are the same. The previous Commission approved this as proposed in the plans. This concept on the pre-school was approved by the Planning Commission of the City of Irvine. Two different jurisdictional bodies have reviewed this issue of the wall replaceing the berm and have deemed that our application is sufficient in terms of mitigating the noise or the sight lines to Bonita Canyon Road. Commissioner Tucker, referencing the new, additional Condition of Approval No. 14 noted that it does not seem to indicate that the wall could come down and that appears to be inconsistent with your desires. This condition seems to indicate that a wall has to be up. I am not sure a note on a site plan will supersede the condition. Mr. Pfeifer answered that the site plan specifies that note, that this portion of the wall is to be removed in phase 2, this condition does not address that specifically. In that case, I would like to propose a modificaiton to this condtiion that the portion of the wall on the north side of the worship center can be removed in phase 2 during the construction of the worship center. Commissioner Tucker then asked about the lettered lots and the arrangements that they will be landscaped. How was it handled in the original development? The plan seems to say that the property line is to the south of Lot T when it is actually to the north of Lot T. Lot T is the applicant's property, is it not? Ms. Temple answered that since the tract map was not approved in Newport Beach, she is not familiar with it. The City's typical action with regards to lettered landscaped lots would be to require whoever is the owner, or the successors in interest, to maintain the landscaping. In this case, there is a probable likelihood that it is The Irvine Company. However, it could be that Lot T was transferred as part of the land transaction and therefore is in the ownership of the church, which would be the successor in interest. They would be obligated to maintain the landscaping. In this particular case, since the applciant agrees they have the obligation to maintain it, I would see no problem with a condtiion of approval being added that would obligate that the applicant or any successor in interest to maintain the landscaping. Chairperson Selich added that it appears that there is an area between the lettered lot and the sidewalk, who will landscape and maintain that? INDEX City of Newport Beach Planning Commission Minutes March 23, 2000 Mr. Pfeifer answered that the portion of the church property, the inside, is bounded by three lettered lots, Lot T to the north, Lot S to the west, and Lot R to the south. The church will install and maintain landscaping in all three of those lettered lots. Outside of those lettered lots, it is my understanding, that is the public right of way (parkway). Mr. Edmonton, Transportation/Development Services Manager noted that the Municipal Code requires that parkway landscaping be maintained by the adjacent property owner. At Commission inquiry, Ms. Temple answered that she would prefer that the wall only be allowed to be removed for the portion of the lot which is replaced by the sanctuary. The sanctuary does not run along the entire Bonita Canyon property line nor at all along the Prairie Road property line. It would be appropriate that the portion of the wall that would be superseded by the sanctuary could be removed in phase 2. Mr. Pfeifer, in answer to Commission inquiry, answered that the site plan has a demarkation that states, remove this portion of wall in phase 2. It starts at one end of the worship center building to the other end. That is the only portion to be removed, and will enable the sanctuary to have a facde on the street. We do not want the sanctuary behind a wall visually. Neal Steinbrenner, 2750 Hillview Drive, President of Harbor View Knoll Board of Directors, stated that he sent a letter to the Planning Commission. One of the main points made was when the original plan for this site was developed, which included the current pre-school and the planned project, the homwowners had some decisions and agreements made with the Transportation Corridor Agency. The issue at question at that time was primarily related to the noise. The Bonita Canyon Drive that went in was expected to be a major corridor transporting traffic. The ability of the berm to be constructed, which was agreed to by the TCA, was to help mitigate the sound and sight. There is a central parking area that will remain and will be expanded that will look straight up Hillview Drive into the primary residences on that street. The current preschool does provide adequate sound barrier as a building, just as we believe that the buildings that are going to be constructed will also provide sound attenuation. It is in the area where the berm used to exist and will now not have buildings present, that we fear an undue increase in the sound levels. The current wall that was constructed was felt by the original applicant that the height that was originally requested (equal to the original berm which would provide adequate noise mitigation as it already had been there) would be too high. The residents who lived there before the berm was constructed and while the berm was in existence and now after part of that berm was removed and subsequently lowered with the new wall, state that the noise has increased over what it had been with the berm in place. We are worried that the current wall and extension that should provide some sound attentuation, is not high enough to provide the attenuation that was there before. Our contention was that under INDEX City of Newport Beach Planning Commission Minutes March 23, 2000 the California Environmental Quality Act if a change is made, you can not do it to the detriment of what the existing conditions were. In this case, it would have been with the berm. We would like to see that wall raised. I feel we can work with the applicant to come to an adequate solution. There is a lot of traffic on Old Ford Rad and Prairie Road, We would like to see a maintenance of a wall that equats the current height of the berm. If the berm is dropped and a wall is not constructed, it will increase the visible area that noise will impact our association by approximately 60%. We have a problem when our homes are up for sale and we have to disclose these kinds of issues. I understand that when the new parking lot is completed there will be adequate facilities for both pre- schools to work concurrent and to keep employee parking off the street. We do not have any fences around our property, it is open to public view and is a safety concern to our residents. If the walls are lowed, all the passing traffic on Bonita Canyon is allowed to look into some of the homes. At Commission inquiry, Mr. Steinbrenner affirmed that the association believes the current wall along Bonita Canyon in the existing parking lot was actually built too low. If the new wall that is planned along Bonita Canyon could be two to three feet higher, that would mitigate a lot of noise. On Prairie Road, there is currently a berm all the way to the corner. If that berm is removed, then that noise mitigation factor goes away. If a wall could be constructed that is exactly the same height in the facility diagram, it would be basically in front of the parking spaces that are currently there. Instead of terminating at the southern portion of the preschool that is there, it would extend another 60 feet or so. That would allow the noise from Prairie Road to be diminished in the community. John Long, 2745 Hillview Drive noted his concerns of parking by preschool staff on the street instead of in the parking lot as intended and as the original plans talked about. I would like to see a condition of the use to require all employees of the church and preschool to use their parking lot, not the public street for parking. The second concern is the hours of operation and use of the preschool. Some original documents I had talked about 6 a.m. to 6 p.m. I see the latest report talks about 7 a.m. to 6 p.m. In earlier conversations prior to this meeting tonight, I learned that it was not only a preschool but a day care center prior to school. Having heavy traffic influx of potentially 60 cars at 6 or 7 a.m. creates a potential hazard for our residents There is only a stop sign on Hillside Drive and there is no traffic control coming down Old Ford Road. If it is a preschool then the hours of operation should be clearly defined as such and not day care hours. If the use is intended for day care, then it should say so. At Commission inquiry, Ms. Temple added that employee parking was addressed in Condition 2 for the church employees. The use permit was not issued by the City for the Child Development Center, it was approved by the City of Irvine. While there is cooperation the church, the child development center is a separate business. The church will include, as part of their own operation, a preschool that is in addition to the exisitng child development center. We are only able to deal with the church and its preschool and not the INDEX City of Newport Beach Planning Commission Minutes March 23, 2000 existing Child Development Center. Marcia Voss, 2767 Hillview Dirve spoke of her concerns of security and privacy. The earthen berm was in place when she purchased her home, but shortly afterwards it went down to build the Newport Coast Child Development Center. The wall went up after that. She stated that she is now hearing sound and noise from the property and is concerned about her property value. She noted that a six foot wall for a preschool can be scaled if there is play equipment present. Maybe raising it a couple of feet is warranted for the safety of the children. There is a problem with pakkng on Ford Road because of the development center as the teachers do not park in the parking lot. Continuing, she expressed her concern about access for fire trucks as there is only a short portion of the road that is painted red. Is there enough room for a fire truck going up the cul- de-sac? Will Graham asked that a congestion study be done on the traffic that will be coming into the church environment. I think the church is a wonderful thing, but with the day school that is proposed there will be an enormous amount of traffic. Fr. Scarlett, Rector of St. Matthews Church spoke to the issues of: • Pre-school operations hours - intend to have a Montessori pre-school operation with before and after care in order to serve working families. There will be some number of children who will arrive earlier than a standard 9 a.m. starting time. It would not be a great amount, and is necessary for the viability of the preschool concept. To not have that before and after care would be a great detriment to the economics of what we are planning. • Traffic study was done and was approved in the original application. • A 60-student preschool does not lend itself to a huge volume of traffic. Because people tend to drop the children off at staggered times; it should not be a huge flow of traffic at any one time. • There seems to be issues with the wall. The main issue, as I understand it, is the homeowners' association would like the section in the parking lot to be two feet higher. The only thing I will say is that both the City of Irvine and this Planning Commission in reviewing the EIR last time, determined that the wall did not deal with sound attenuation. They approved this project with the lower wall there. We want a good relationship with Harbor View Knolls, but this proposal is as approved the last time. It was determined to be within the' accepted decibel level for this type of development in this community. If there is something to be done to accommodate the parking lot area, we may be able to work something out. At Commission inquiry, Fr. Scarlett added that there will be a preschool playground fenced in as a sub -area inside the larger parking lot. There will be a preschool playground that is a defined fenced area. We are required to have a certain amount of outside square footage per student in a preschool. That amount of area will be fenced in as a preschool play area. To get to the larger 10 INDEX City of Newport Beach Planning Commission Minutes March 23, 2000 lot, the children will need to be let out. There is another wall around the exterior property to make it two fences between the children and either Prairie Road or Bonita Canyon Road. Mr. Pfeifer noted that Title 22 states you have to have a five-foot wall at the perimeter of the preschool play area. This wall will be at least six feet high. There is an open wrought iron/chain link fence proposed within the walled -in campus to subdivide the play area from the rest of the campus. A study was done to analyze the existing sound levels at the Harbor View Knoll in relation to the exposure of the parking lot and the wall versus berm in that area. With the berm, the sound level is 43.5 decibels with the current traffic conditions for Bonita Canyon Road. Removing the berm and erecting a wall, that sound level goes to 47.8 decibels. The community standard for acceptable level of decibels is 65. There is an increase of 3 or 4 decibels, the sound level will nominally be increased but it is still well below the acceptable community standard. He then presented standard decibel levels used by the Architectural Graphic Standard referenced book and explained the decibel levels. A traffic study was done as part of the original application and the City required no mitigation. In terms of safety on the extension of Prairie Road, when the other preschool was built, they widened the street as part of their development. The north side of the street is allowed to have the off-street parking. There is a portion of the south side of Ford Road extension that is red curbed and is at the terminus of Harbor View Knolls cul-de-sac, which is a fire access road. They have to drive up a berm and through some turf, but that is clearly accessible by the Fire Department. This access has been reviewed by both Orange County and the City of Newport Beach Fire Departments as part of the road improvements constructed over a year ago. The proposed grading plan for the wall shows that it starts on about a two -foot berm. We are limited by the edge of the parking to the property line as the only area where we can build anything. We have gotten up as fast as we can on a two to one slope that gives us a two -foot high berm and then a six- foot high wall above that. From the visible side of the parking lot that wall is eight feet above the paving and we feel any higher would start to create a looming effect. That is why the wall is as high as it is. As part of the previous approval, we reference the berm that was done by the Transportation Corridor Agency. That berm has been interpreted by this Planning Commission and the Irvine Planning Commission as not being a mitigation of sound; rather it is a mitigation of sight. It was based on a point ten feet across the street on the far west bound lanes from which the line of sight has to be blocked from the homes. It is a very descriptive, measurable type of calculation and this wall has been designed to meet those criteria. At Commission inquiry, Mr. Pfeifer added that the sound study is part of the record. Ms. Temple clarified that the sound study was done as part of the EIR by the City of Irvine for the Bonita Canyon development and was provided to the Commission at the time the Bonita Canyon project was approved. It was 11 INDEX City of Newport Beach Planning Commission Minutes March 23, 2000 available to the Planning Commission at the prior use permit approval hearing and is in the Planning Department for review. Some of the work regarding the sound attenuation was done as part of the San Joaquin Hills Transportation Corridor EIR. There was a subsequent EIR prepared for the Bonita Canyon development that was approved by the City of Irvine. Commissioner Tucker asked if we should accept the proposition that the difference between the berm and a six-foot wall is 3 decibels raising it from 44 to 47$ Does the neighboring homeowners' association have any standing to talk about noise mitigation? The applicant has testified that the berm was not for the purpose of noise attenuation but rather for sight, is this correct? Assistant City Manager Sharon Wood noted that she had worked on these sites when the City of Irvine reviewed the child development center. There was a discussion about a change of 3 decibels in noise not being significant and being barely perceptible to humans. Whether this change from 44 to 47 is the accurate number, I do not remember. Public comment was closed. Commissioner Kranzley, noting that a compromise could be agreed upon between the applicant and the association on the wall issue, suggested that maybe we should continue this item to allow this to be as amicable as possible. Public comment was opened. Father Scarlett stated that this application was submitted in August. We finally got on the calendar, and we need to get going. We have a bank willing to loan the money; the project is ready to go. A couple of feet in the area between the church and the preschool requiring some mitigation to take care of things tonight, I would say we would be able to do that. Mr. Pfeifer added that as long as it was specific. Specifically the new portion of the wall, I don't think it is fair to burden the church to replace any of the existing walls. The new portion from where the wall starts to the sanctuary, where the building starts to shield the exposure to Bonita Canyon Road, to raise that a foot is not a huge deal. Chairperson Selich reiterated that you prefer to offer to raise it a foot tonight instead of a continuance. Father Scarlett answered yes. The foot would be just to the northeast corner of the phase 2 sanctuary. The existing wall is built on two feet of remaining berm above the street level with six feet of wall and add a foot, we have nine feet, which is the height that was talked about with Mr. Steinbrenner. Commissioner Tucker asked if the portion already built by the Newport Coast 12 INDEX City of Newport Beach Planning Commission Minutes March 23, 2000 Development at School is on the church property? He was answered yes; there is a distinct construction joint. To the west of that joint is a temporary wall. It is where this development will start. The property line is actually further east. We are talking about where the permanent wall ends, which the school put on the church property. Motion was made by Commissioner Ashley to approve Use Permit No. 3633 A, With the findings and conditions attached in Exhibit A with an added condition 12 amended to also provide that in the construction phase 2, the portion of the wall adjacent to the sanctuary will be removed so that the north elevation of the sanctuary is exposed to Bonita Canyon Road. There is another condition 13 to be added that will provide that there will be an additional foot of wall height that will go about the perimeter of the property from where the school exists to around Bonita Canyon Road along Prairie Road. This additional height will bring that wall to a total of nine feet. Clarification was made that only the wall along Bonita Canyon Road from the existing fence to the eastern edge of the sanctuary is to be an additional one foot in height. An additional condition is to be added that the applicant is required to maintain landscaping of the lettered lots contiguous with the buildable lots. Ms. Temple suggested that the condition also include that landscaping be installed as well as maintained. Assistant City Attorney Clauson stated that the code deals with the requirement of trees and parkway plantings for adjacent property owners in Title 13. it is automatically required and when the landscape plan for the lettered lot is submitted, it will include the parkway. Ayes: Kiser, Ashley, Selich, Kranzley and Tucker Noes: None Abstain: None Absent: Fuller, Gifford EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3633 AMENDED Findings: The proposed development is consistent with the General Plan and is compatible with surrounding land uses, since a church is considered a support use of the nearby residential uses and the revised architectural design enhances the overall aesthetic image of the project and the surrounding area. 2. All significant environmental concerns for the project have been 13 INDEX City of Newport Beach Planning Commission Minutes March 23, 2000 INDEX adequately addressed in the previously accepted environmental impact report and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the project. 3. The design of the proposed improvements as revised will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. Public improvements maybe required of a developer per Section 20.80.060 of the Municipal Code. 5. Approval of a parking management plan in support of the requested waiver of required on -site parking is still appropriate and applicable because of the following project components: • The proposed number of parking spaces provided is adequate to accommodate the proposed church facility and the other uses on site as revised, and the child development center on the adjoining site, because the peak parking demand of the two facilities occur at different times of the day, and on different days of the week. • The off -site parking area is located so as to be useful in conjunction With the church uses, as revised. • Adequate provision for vehicular traffic circulation is being made for the church facility. • The proposed off -site parking will not create undue traffic hazards in the surrounding area. • The overall daytime parking demand for the property as revised is reduced since there will be only administrative office use, and no services held. • The limited weekday worship services should prevent any conflicts for on -site available parking. • The increased building areas and modified building designs will not increase the peak parking demand for the project, as the peak parking demand of the site is derived from the seating capacity of the sanctuary, which is not being increased. 6. The approved waiver of 16 required parking spaces is still appropriate since a parking management plan has been accepted and approved by the Planning Commission. 7. The approval of Use Permit No. 3633 as amended, will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, for the following reasons: 14 City of Newport Beach Planning Commission Minutes March 23, 2000 The approved waiver of 16 parking spaces will not be detrimental to the neighborhood because a parking management plan has been approved and compliance with the plan is a condition of approval. The noise associated with the proposed uses, as revised, is not anticipated to create any adverse impact on the surrounding uses since the worship services occur during off-peak evening hours and on the weekend and the conditions of approval imposed require that the noise be confined to the interior of the building. Conditions: 1. Development shall be in substantial conformance with the approved revised site plan, floor plans and elevations, except as noted below. 2. The operation of the project shall comply with the parking management plan described below: • A minimum of 88 parking spaces shall be provided on site for the proposed facility. An additional 16 parking spaces shall be made available on the adjacent lot on weekends. • The pre-school shall be limited to a maximum of 60 children and operation during weekday daytime hours in Phases 1 and 2. Any increase in the number of attendees shall not be permitted without approval of an amendment to this use permit. Childcare in conjunction with worship services in the evening and on weekends is permitted. • The sanctuary shall be limited to a maximum of 312 seats and 9,372 square feet. Any increase in the seating or size of the sanctuary building shall require an amendment to this use permit. • Classes associated with the church shall be limited to Sundays and weekday evenings only. The size of counseling sessions shall be restricted so that no more than 20 persons occupy either the administrative offices or sanctuary facility between the hours of 8:00 a.m. and 5:30 p.m., during the week at any time day time worship services are scheduled, unless otherwise approved by the Planing Director and the Traffic Engineer. • Worship services shall be permitted during the week prior to 6:00 p.m. provided that seating is limited to a maximum of 156 seats. This limitation is established at a ratio of three seats for each parking space, based on a 52-space weekday parking demand surplus. • All employees shall park on -site. • Concurrent use of on -site facilities for worship shall be limited to 312 seats. 3. Noise generated by the use which include the use of musical instruments, pre-recorded music and/or singing shall be confined to the interior of the structure and all windows and doors within the facility shall be closed, 15 INDEX City of Newport Beach Planning Commission Minutes March 23, 2000 except when entering and leaving by the main entrance of the facility. 4. The church structure steeple/bell tower shall be limited to a maximum height of 75 feet. 5. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate the installation of landscaping with each phase of the project. The landscape plans shall be subject to the approval of the Planning, Public Works, and General Services Departments. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. The landscaping shall be maintained by the applicant. 6. All trash areas shall be screened from adjoining properties and streets. 7. No outdoor loudspeaker or paging system shall be permitted in conjunction With the proposed operation. 8. The project shall be designed to eliminate light and glare onto adjacent properties or uses. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. That prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 9. Exterior illumination of the church structure shall comply with the recommended sign luminances established for illuminated signs in Chapter 20.67.025 of the Municipal Code. Additionally, the Planning Director may order the dimming of any illumination found to be excessively bright, based on that criteria. 10. The applicant shall provide executed, reciprocal parking agreement that provides the maintenance required off street parking on an adjacent lot for the duration of the proposed uses on the site prior to the issuance of a building permit. 11. The project shall include the installation of a new perimeter wall, six feet in height and be constructed with materials to match the existing wall along Bonita Canyon Road on the adjacent preschool property. The wall location shall be begin at the point where the existing wall on the adjacent preschool 16 INDEX City of Newport Beach Planning Commission Minutes March 23, 2000 INDEX terminates along Bonita Canyon Road, continue west to the corner, then south along Prairie Road and terminate into the south side of the church preschool building. The perimeter wall shall be constructed concurrent with the Phase One improvements and shall be designed to accommodate the required sight distance setbacks at the intersections. "i 12. The project shall include the installation of a new perimeter wall, six feet in height and be constructed with materials to match the existing wall along Bonita Canyon Road on the adjacent preschool property. The wall location shall begin at the point where the existing wall on the adjacent preschool terminates along Bonita Canyon Road, continue west to the corner, then south along Prairie Road and terminate into the south side of the church preschool building. The perimeter wall shall be constructed concurrent with the Phase One improvements and shall be designed to accommodate the required sight distance setbacks at the intersections. The wall in the area of the Sanctuary may be removed during Phase Two construction, as depicted on the approved site plan. 13. The portion of the wall along Bonita Canyon Road from the existing fence to the eastern edge of the sanctuary shall be an additional 1 foot in height. Standard Reauirements: 1. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 2. The project shall comply with State Disabled Access requirements. 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subjectto further review by the City Traffic'Engineer. 5. The operator of the church facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: 17 City of Newport Beach Planning Commission Minutes March 23, 2000 Between the hours of Between the hours of interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA _ _ 40 dBA 50 dBA 6. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the facility to insure compliance with these conditions, if required by the Planning Director. 7. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this amendment to the use permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. This Use Permit for the revised Phase 1 of the project as described in the staff report shall expire unless exercised within 24 months from the effective date of approval, as specified in Section 20.91.050A of the Newport Beach Municipal Code. The Use Permit for Phase 2 of the project shall expire unless exercised within 60 months from the date of approval of the Revised Phase One, as allowed by Section 20.91.050A of the Code. h6ECT: Rothschild'sRestautant_ 2407 East Coast Highway Use Permit No. 1851 Amended A request to u� de,.the existing Alcoholic Beverage Outlet approval to allow for the sale of general alcoholic beverages for on -site consumption (Type 47 License). Ms. Temple noted that the applicarif'hass requested a continuance to the end of April. Motion was made by Commissioner Kranzley to continue this item to April 20, 2000 as requested by the applicant 'Ayes: Kiser, Ashley, Selich, Kranzley and Tucker Noes: None Absent: Fuller, Gifford ~' 4 ID INDEX Item No. 3 UP 1851A Continued to 04/20/2000 Divan, Janet From: Garcia, Jay Sent: Tuesday, December 29, 1998 1:10 PM To: Divan, Janet Subject: RE: Fairshare Fee- St. Mattews Church Thank You and may God Bless. From: Divan, Janet Sent: Tuesday, December 29, 1998 1:09 PM To: Garcia, Jay Subject: RE: Fairshare Fee- St. Mattews Church No Fair Share fees for St. Matthews Church! From: Garcia, Jay Sent: Tuesday, December 29, 1998 11:57 AM To: Divan, Janet Subject: Fairshare Fee. St. Mattews Church Did you ever get me an answer on the applicability of fairshare fees for St Matthew's Church? I don't recall. RKJK did the traffic study. February 8, 2001 To: Janet Divan Traffic Engineering From: Marina Marrelli Planning Subject: Fairshare Traffic Impact Fees St. Matthew's Church, 2300 Ford Road St. Matthew's Church is being built in four phases for a total of26,136 square feet. Here is a breakdown of each phase and the related work being done at each stage. Are all Fairshare fees due at the time of the first phase or are they collected at the time each phase is begun? Phase I Parish Hall 5,461 s.f. Administration Offices 4,707 Preschool 2,196 Phase 11 Sanctuary 9,372 Phase III Preschool Addition 1,600 Classrooms 1,600 Phase IV Classrooms 1,200 Question: Should I use the "church" use for all buildings, or do you require different fees based on the descriptions listed above? Thank you. CITY OF NEWPORT BEACH Hearing Date: �,E.waogr COMMUNITY and ECONOMIC DEVELOPMENT Agenda Item No.: n PLANNING DEPARTMENT = 3300 NEWPORT BOULEVARD Staff Person: NEWPORT BEACH, CA 92658 (949) 644-3200; FAX (949) 644-3250 Appeal Period: REPORT TO THE PLANNING COMMISSION PROJECT: St. Matthew's Church (David Pfeifer, Architect) 2300 Ford Road March 23, 2000 2 Bob Goldin (949) 644-3219 14 days PURPOSE OF APPLICATION: A request to modify the previously approved elevations, floorplans and building footprints for St. Matthew's Church, by adding an additional 2,257 square feet of useable area and increasing the capacity of the preschool from 50 to 60 children. ACTION: Approve, modify or deny: • Use Permit No. 3633 Amended LEGAL DESCRIPTION: Lot 9, Tract 15317 ZONE: P.C. (Bonita Canyon Planned Community) OWNER: St. Matthew's Church, Newport Beach Points and Authoritv • Conformance with the General Plan and Zoning The Land Use Element of the General Plan designates the site for residential uses. The site is within Residential Sub -Area 4 of the Bonita Canyon Planned Community. The zoning regulations also allow for recreational uses, community facilities, community service facilities and other uses and structures accessory to principal permitted uses. A church is a permitted use within this designation. • It has been determined that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document (EIR No. 154, certified by the City of Irvine on November 25, 1995), and that the City of Newport Beach intends to use said document for the above noted -project, and further that there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Department. • Use permit procedures are set forth in Chapters 20.91 of the Municipal Code. Vicinity Map lil Sm Use Permit No. 3633 Amended St. Matthew's Church Subiect Property and Surrounding Land Uses Current Development: The subject property is currendy vacant To the north: Across Bonita Canyon Road is vacant land To the east: Across Prairie Road is additional vacant land To the south: Across Old Ford Road is the Harbor View Knoll Residential Planned Community To the west: Adjacent to the subject site is the Children's Development Preschool site Use Permit No. 3633 Amended Mnrch 23, 2000 Page 2 Background On September 10, 1998, the Planning Commission approved Use Permit 3633 for St. Matthew's Church. The project is a four -phased development plan. Phase One was approved to include the construction of a new one-story, 3,570 square foot building which included a parish hall and kitchen, choir room, and restrooms. Phase One also included the construction of a two- story, 5,272 square foot building for classrooms, a nursery, a 50-child preschool that will also serve as a Sunday school, a fellowship hall, administrative offices, reception area, bathrooms and general storage areas and all parking areas. Phase Two, which is not expected for approximately 4 to 5 years after Phase One, will include the construction of a 312-seat, 9,372 square foot sanctuary with a small chapel, a second floor balcony including a choir rehearsal room, choir seating, classrooms, offices, and storage. Phases Three and Four include an additional freestanding 4,200 square foot classroom building and a 1,500 square foot Seminary attached to the church Sanctuary building. Since plans for these later development phases are only conceptual at this point, an amendment to this use permit will be required to proceed with construction of these later phases of development. The approved campus has been designed around a centralized courtyard as the focal point of the facility. The courtyard, which is located in the center of the facility between the sanctuary, parish hall and Sunday school building, will serve as the main entrance to the church. The courtyard will serve as an informal space for the congregation to gather and socialize between services. The centralized courtyard campus organization pushes the proposed church facility buildings to the perimeter of the property. This allows the buildings to act as buffers between the campus, Bonita Canyon Road, and the neighborhood, which was a concern during the original deliberations. The courtyard and pedestrian areas adjacent to the church, parish hall and classroom buildings will connect the entrances to the buildings directly to the two on -site parking areas. The approved architecture is a traditional religious design with shingle roofing, wood windows with concrete trim, stained glass, and a bell tower steeple. The sanctuary will have an average height of approximately 36 feet and a maximum ridge height of approximately 42 feet. The parish hall was approved with an average height of approximately 23 feet and a ridge height of 32 feet above natural grade. All of the buildings conformed to the 50-foot maximum height limit, with the exception of the proposed bell tower steeple structure, which has an overall height of 75 feet. One of the primary concerns discussed by the Planning Commission was related to ensuring adequate parking was provided for the proposed uses. The approved church activities include Sunday services at 8:00 a.m. and 10:15 a.m. and Sunday church school for all ages at 9:00 a.m., between the two Sunday services. A third Sunday service and a second Sunday school session are planned as soon as demand requires. Midweek activities include early morning and evening services and a variety of evening programs such as adult education and counseling programs, youth programs, and adult and youth choir practices. The facility will have regular Use Permit No. 3633 Amended March 23. 2000 Page 3 office hours of 10:00 a.m, to 4:00 p.m., daily. An administrator and volunteers will staff the office during regular office hours. The employees in the office portion of the facility will include the pastor, associate pastor and approximately 2 to 3 volunteers. During the worship services the administrative offices will be closed. Analysis The applicant requests to modify the approved elevations, floor plans and building footprints for the church facility. The revised plans and letters of justification are attached for the Planning Commission's review. The request also includes an increase in the preschool from 50 children approved for Phases One and Two to 60 children within Phase One. There is no change in parking proposed. The church will still provide 104 parking spaces on and off -site. Revised Building Footprints/Floorplans The table below highlights the differences between the approved square footage and the proposed square footage of the buildings. Overall, there is a 2,257 square foot increase in the total square footage of the facility. Building Approved Approved 1" Story Proposed Proposed 1" Story Square Square square footage/ Square square footage/ footage footage 2"d story square footage 2"d story square Difference footage footage Parish Hall 3,570 sf 3,570/0 5,641 sf 4,144/1,497** +2,071 sf Admin/ 1,311 1,311/0 4,615 sf 2,472/2,143** +3,303 sf Classrooms* Preschool/ 3,961 sf 1,889/2,072 2,071 sf 2,071/0 .1890 sf Classrooms* Sanctuary 9,000 sf 6,700/2,300 9,372 sf 7,515/I 857 +372 sf Classrooms 4,200 sf 2,100/2,100 3,200 sf 1,600/1,600 -1 000 sf Seminary/ 1,500 sf 1,500/0 1,200 sf 1,200/0 -300 sf Classrooms Total 23,542 sf 26,099 sf +2,257 sf * These areas were calculated as 1 building in the approved plans ** This area occurs under the same roofline as approved plans The approved second floor of the preschool building is being eliminated and the administration building is now proposed to be a two-story structure. The useable interior space within the revised two-story parish building has been increased slightly to allow for more storage and kitchen area on the first floor. The choir dressing area has been eliminated from the first floor and added to the second floor in the balcony area of the parish hall. The Phase 4 one-story classrooms have been relocated to where the seminary was originally proposed on the northwesterly side of the sanctuary. It is staffs opinion that the proposed modification to the site plan, floorplans and building footprints are within the originally approved concept and architectural character of the project. Use Permit No.3633 Amended March 23, 2000 Page Revised Architecture/Elevations The architecture of the Phase One buildings has been modified to be more consistent and harmonious with the architectural design of the sanctuary. The revisions include adding arched window treatments, window trim, rooflines, gable ends, pop -outs and door treatment that more closely match the design of the sanctuary. The revisions also add more interest and detail to the buildings from that originally approved. The overall height of the buildings is still within the 50- foot height limit. The maximum height of the parish hall and future classrooms is shown at 34 feet. The design of the architectural connections and gateways between the buildings has been improved to be more in scale with the building's rooflines and architectual design. The materials and general massing of the site have not been revised. Overall, it is staff s opinion that the revised architecture is a significant improvement over the original designs. Parking Requirement Approved Parking Plan: Chapter 20.66 of the Municipal Code requires one parking space for each 3 seats in the sanctuary for church uses. Based on the proposed 312 seats in the church sanctuary, including the nave, transept, chapel, alter, and choir loft, 104 parking spaces are required for the proposed facility (312 seats divided by 3 = 104 spaces). As part of the original use permit, the applicant received approval for a waiver of a portion of the required parking (16 spaces) and in conjunction with a requirement for a parking management plan which included an additional 16 parking spaces to be provided on the adjacent property. The Child Development Preschool on the adjoining site functions during typical daytime weekday hours only, and not on Saturday and Sunday. During daytime hours on weekdays, the parking demand for the church facility will be much less than on Sundays or when there is a function at the church facility. Under the terms of the agreement, the church will have the entire parking lot (104 spaces) during the times which the adjacent pre-school is not in session, which is the time of its highest parking demand. Since the parking demand requirements for the uses do not occur simultaneously, adequate parking should be available for both uses. Approved conditions restrict the daytime use and the hours of operation to guard against intensification of the use which may result in increased parking demand. A condition of approval also restricts group religious classes to evenings and weekends and to limit the size of counseling sessions during normal weekday business hours to prevent increased parking demand. Parking for approximately 30 vehicles will also be available along the access road if the need for overflow parking arises. Proposed Parking Plan: Prnnnsed Parking Lnt Usage Parking Demand: Weekdays (M-F 7:00 a.m. to 6:00 n.m.): Church 76 spaces 104 spaces 104 spaces Preschool 28 spaces 0 spaces 0 spaces Weekdays (M-F 6:00 p.m. to 10:00 p.m.) Weekends: Use Permit No. 3633 Amended March 23, 2000 Page 5 The request to amend the use permit to revise the approved building designs and layout and increase the number of preschool children by 10 students should not adversely affect the approved parking plan. As discussed above, a total of 104 spaces are available, of which 88 spaces were required to be provided on -site and available during the week. The weekend and evening parking demand will not change as a result of the proposed revisions, as the peak demand is based upon the 312 seat sanctuary which will not be enlarged. The daytime use during the week will increase the parking requirements slightly, but the 88-space parking lot is sufficient to accommodate the modest increase. The proposed weekday daytime usage and parking demand is as follows: Use Parking required Parking provided Preschool - 60 children 1 space/3 children/20 spaces 20 spaces Preschool staff-5 J space/person/5 spaces 5 spaces Church Staff-4 1 space/person/4 spaces 4 spaces Worshi /assembl —141, or 1 space/3persons/47 spaces, or 47 spaces, or Classrooms/Couneit/choir-141 total, or 1 space/3persons/47 spaces, or 47 spaces, or Mix of uses not to exceed 47 spaces 1 space/3persons/47 spaces 1 47 spaces Total 1 76 spaces 1 76 spaces Overall, the increase in the preschool enrollment by 10 additional children can still be accommodated within the parking provided on site. A condition of approval has been included to reflect the restrictions on daytime usage based on parking availability. The increase of 2,257 square feet in the overall size of the project will also not adversely affect the approved parking plan, as there is no change to the peak usage of the facility, The facility will retain the limit of a maximum of 312 persons, regardless of the increased square footage being requested. As designed, the additional square footage, which will be used for increasing the choir dressing rooms and loft area for the choir and the organ, plus more efficient use of the buildings' interior space, will not result in additional attendees of the facility or additional seating area within the parish hall or sanctuary. The modified proposal, although larger, will not increase the peak parking demand and therefore, staff recommends no change the approved parking management plan. Church facilities and residential neighborhoods are typically compatible uses since they are thought of as mutually beneficial to one another. The daytime office activities associated with this type of use and the preschool are low traffic generators, comparable to other uses surrounding the project site. The evening and weekend activities should not impact the surrounding uses since the preschool is closed at those times, and adequate parking is provided in the parking lot and on the access drive. Additionally, the location of the facility in relation to nearby residential areas is such that it is unlikely that attendees of the church functions will park in residential neighborhoods. This is due to the location of the site across Ford Road and the limited on -street parking in the nearby residential area. Use Pennil No. 3633 Amendcd March 23, 2000 Page 6 Staff has discussed the proposal with the president of the Harborview Knolls development, located across the street from the site. He expressed concerns about parking, circulation and noise associated with the existing preschool facility. He also expressed concerns about the future parking and access for St. Matthew's. Staff indicated that the proposed revisions to St. Matthew's do not result in any increase in parking demand, the original conditions regarding occupancy and usage are still in effect, the redesign of the buildings may help to further buffer the noise from Bonita Canyon Road and the play areas and the parking and circulation design that were originally approved are not being modified. He indicated that he might be submitting a letter to the Planning Commission about his concerns, but at the time of this report, no written correspondence has been received. Amended Conditions of Approval The approved Special Conditions would be amended as follows: 1) Development shall be in substantial conformance with the approved revised site plan, floor plans and elevations, except as noted below. 2) The operation of the project shall comply with the parking management plan described below: A minimum of 88 parking spaces shall be provided on site for the proposed facility. An additional 16 parking spaces shall be made available on the adjacent lot on weekends. The pre-school shall be limited to a maximum of 38 60 children and operation during weekday daytime hours. Any increase in the number of attendees shall not be permitted without approval of an amendment to this use permit. Childcare in conjunction with worship services in the evening and on weekends is permitted. The sanctuary shall be limited to a maximum of 312 seats and 9-,NO 9,372 square feet. Any increase in the seating or size of the sanctuary building shall require an amendment to this use permit. The approved Standard Conditions would be amended as follows: 8) This Use Permit for the revised Phase 1 of the project as described in the staff report shall expire unless exercised within 24 months from the effective date of approval, as specified in Section 20.91.050A of the Newport Beach Municipal Code. The Use Permit for Phase 2 of the project shall expire unless exercised within 60 months from the date of approval of the revised Phase One, as allowed by Section 20.91.050A of the Code. Use Permit No. 3633 Amended March 23, 2000 Page 7 Recommendation Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any amendment to a use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In this case, based upon the analysis contained in this report, staff believes that the findings for approval can be made for the proposed church facility. The parking demand for the uses can be adequately served by the on -site panting and reciprocal panting required. The daytime increase of 10 preschool students will not require additional parking to be provided. Additionally, issues related to access and site circulation have been addressed by the original conditions of approval. Because of the site's location at the end of a cul-de-sac, with Bonita Canyon Road and Ford Road separating it from nearby residential uses, there is little potential for problems associated with proposed revisions. The parking, hours of operation and noise generated by the proposed Church facility will not be changed by the revised project. The orientation of the proposed sanctuary with the outdoor courtyard area turned away from residences will continue to protect against impacts on residential neighbors. Should the Planning Commission wish to approve the amendment to Use Permit No. 3633, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff cannot reasonably conceive of findings for denial since the proposed use, in this particular case, conforms to the requirements of the Title 20 of the Municipal Code and does not appear to have any detrimental effect on the surrounding neighborhood. however, should information be presented at the public hearing, which would warrant the denial of this application, the Planning Commission may wish to take such action. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: BOB GOLDIN Project 1 er Attachments: Exhibit' A" Revised Plot Plan, Floor Plan and Elevations Letters of Justification IFAUSERSTWS HARMI PLANCOM12000-3.23%UP3633mnended Use Par dt No. 3633 Amended March 23, 2000 Page 8 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3633 AMENDED Findings: 1. The proposed development is consistent with the General Plan and is compatible with surrounding land uses, since a church is considered a support use of the nearby residential uses and the revised architectural design enhances the overall aesthetic image of the project and the surrounding area. 2. All significant environmental concerns for the project have been adequately addressed in the previously accepted environmental impact report and there are no additional reasonable alternatives or mitigation measures that should be considered in conjunction with the project. 3. The design of the proposed improvements as revised will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. Public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 5. Approval of a parking management plan in support of the requested waiver of required on -site parking is still appropriate and applicable because of the following project components: • The proposed number of parking spaces provided is adequate to accommodate the proposed church facility and the other uses on site as revised, and the child development center on the adjoining site, because the peak parking demand of the two facilities occur at different times of the day, and on different days of the week_ . • The off -site parking area is located so as to be useful in conjunction with the church uses, as revised. • Adequate provision for vehicular traffic circulation is being made for the church facility. • The proposed off -site parking will not create undue traffic hazards in the surrounding area. • The overall daytime parking demand for the property as revised is reduced since there will be only administrative office use, and no services held. • The limited weekday worship services should prevent any conflicts for on -site available parking. Use Permit No. 3633 Amended March 23, 2000 Page 9 The increased building areas and modified building designs will not increase the peak parking demand for the project, as the peak parking demand of the site is derived from the seating capacity of the sanctuary, which is not being increased. 6. The approved waiver of 16 required parking spaces is still appropriate since a parking management plan has been accepted and approved by the Planning Commission. 7. The approval of Use Permit No. 3633 as amended, will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, for the following reasons: The approved waiver of 16 parking spaces will not be detrimental to the neighborhood because a parking management plan has been approved and compliance with the plan is a condition of approval. The noise associated with the proposed uses, as revised, is not anticipated to create any adverse impact on the surrounding uses since the worship services occur during off-peak evening hours and on the weekend and the conditions of approval imposed require that the noise be confined to the interior of the building. Conditions: 1. Development shall be in substantial conformance with the approved revised site plan, floor plans and elevations, except as noted below. 2, The operation of the project shall comply with the parking management plan described below: • A minimum of 88 parking spaces shall be provided on site for the proposed facility. An additional 16 parking spaces shall be made available on the adjacent lot on weekends. • The pre-school shall be limited to a maximum of 60 children and operation during weekday daytime hours. Any increase in the number of attendees shall not be permitted without approval of an amendment to this use permit. Childcare in conjunction with worship services in the evening and on weekends is permitted. • The sanctuary shall be limited to a maximum of 312 seats and 9,372 square feet. Any increase in the seating or size of the sanctuary building shall require an amendment to this use permit. • Classes associated with the church shall be limited to Sundays and weekday evenings only. The size of counseling sessions shall be restricted so that no more than 20 persons occupy either the administrative offices or sanctuary facility between the hours of 8:00 a.m. and 5:30 p.m., during the week, Use Permit No. 3633 Amended March 23, 2000 Page 10 • Worship services during the week shall not be permitted prior to 6:00 p.m. without approval of an amendment to this use permit. • All employees shall park on -site. Noise generated by the use shall be confined to the interior of the structure and all windows and doors within the facility shall be closed, except when entering and leaving by the main entrance of the facility. 4. The church structure steeple/bell tower shall be limited to a maximum height of 75 feet. 5. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate the installation of landscaping with each phase of the project. The landscape plans shall be subject to the approval of the Planning, Public Works, and General Services Departments. Prior to occupancy, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 9. All trash areas shall be screened from adjoining properties and streets. 10. No outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 11. The project shall be designed to eliminate light and glare onto adjacent properties or uses. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of any building permit the applicant shall provide to the Planning Department, in conjunction with the lighting system plan, lighting fixture product types and technical specifications, including photometric information, to determine the extent of light spillage or glare which can be anticipated. This information shall be made a part of the building set of plans for issuance of the building permit. That prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified by this condition of approval. 12. Exterior illumination of the church structure shall comply with the recommended sign luminances established for illuminated signs in Chapter 20.67.025 of the Municipal Code. Additionally, the Planning Director may order the dimming of any illumination found to be excessively bright, based on that criteria. Standard Requirements: 1. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 2. The project shall comply with State Disabled Access requirements. Use Permit No. 3633 Amended March 23, 2000 Page 11 3. All improvements shall be constructed as required by Ordinance and the Public Works Department. 4. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 5. The operator of the church facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: a.m. Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 interior exterior interior ex erior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 6. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the facility to insure compliance with these conditions, if required by the Planning Director. 7. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this amendment to the use perrtut, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. This Use Permit for the revised Phase i of the project as described in the staff report shall expire unless exercised within 24 months from the effective date of approval, as specified in Section 20.91.050A of the Newport Beach Municipal Code. The Use Permit for Phase 2 of the project shall expire unless exercised within 60 months from the date of approval of the Revised Phase One, as allowed by Section 20.91.050A of the Code. Use Permit No. 3633 Amended March 23, 2000 Page 12 D O M I N Y + A S S O C I A T E S A R C H I T E C T S 2150 West Washington - Suite 303 San Diego, California 921.10 Tel (619) 692.9393 Fax (619) 692-9394 aldominy@nsn mm 09 August 1999 Marc Myers, Associate Planner City of Newport Beach, Planning Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 Re: Use Permit #3633 - St. Matthew's Church Dear Mr. Myers, As you will recall, St. Matthew's Church was granted a Use Permit (#3633) on 10 September 1998 by the Planning Commission of the City of Newport Beach. Since that time, the Church has been analyzing their finances and their programmatic needs. Their findings and conclusions have slightly modified the Phase I portion of the project. The use, footprint, and architectural character of the project have not changed. Since there have been minor changes to the plans, we would like for you to review the current plans to affirm that the plans are still in Substantial Conformance with the Use Permit. The following is a listing of the changes that have been made to the project since its approval: 1. The Second Floor has been relocated from over the Preschool to over the Administration portion of the project. 2. There have been slight modifications to the plan configuration and the locations of interior walls. The uses are the same. 3. The elevations have been modified to reflect the above noted changes. The materials, massing concepts and architectural character are the same. 4. The "Future Classrooms" (Phase 3 and 4) have been re -located. The uses are the same. 5. The Phase I buildings have gotten slightly larger. Most of this increase is on the Second Floor and occurs "in the attic." Since the project has (had) usable volume under steeply sloping roofs the impact of this additional square footage upon the exterior will be minimal at best. The volume was already there in the approved concept. The project is merely using it more efficiently. See the attached table for a detailed description of the changes made to the square footages. The majority of the discussion at the Planning Commission Hearing was about the parking and it's impact upon the use of the Campus. The Use Permit is quite specific about limiting the number of occupants and types of uses that can occur (and when) on the Campus based upon the available parking. The Church will abide by these restrictions. As previously stated the Uses of the project have not changed. The nature of the Campus is the same. As you can see in the enclosed plans, the use, footprint, and architectural character of the project have not changed. The primary changes to the project have been to the degree of and location of the Second Floors. As has always been the concept, the Phase I buildings will still be secondary to the Sanctuary, when it is built. The revisions have not changed this. We feel that this project will compliment the Bonita Canyon Village in both use and appearance. The addition of a stable, traditional Church and it's assets and resources will be a welcome addition to the neighborhood. Its architectural character gives a strong residential feel that will compliment the other development in the Bonita Canyon Village. We trust that you will see that the changes to the project are minor, and consistent and in Substantial Conformance with the Use Permit. We look forward to hearing from you. Sincerely, David Pfeifer, Architect Dominy + Associates Architects cc: Lew Dominy, Dominy + Associates Architects Fr. Stephen Scarletl, St. Matthews Church I� D OM IN Y+ ASSOCIATES ARCH ITECTECTS ST. MATTHEW S CHURCH SQUARE FOOTAGE COMPARISON 819/99 l I PHASE ORIGINAL PLANI IREVISED PLAN IDIFFERENCE list Floor 2nd Floor ITotal 11st Floor 2nd Floor Total SOCIAL HALL 1 3570sf 0 sf 3570 sf 4144 sf 1497 sf " 5641 sf + 2071 sf ADMINJCLASSROOMS' 1 1311 sf 0 sf* 1311 sr 2472 sf 2143 sf" 4615 sf + 3304 sf PRESCHOOLICLASSROOMS' 1 1889 sf' 2072 sf* 3961 sf' 2071 sf 0 sf 2071 sf - (1890 sf) SANCTUARY 2 6700sf 2300 sf 9000 sf 7515 sf 1857 sf 9372 sf + 372 sf CLASSROOMS 3 2100 sf 2100 sf 14200 sf 1600 sf 1600 sf 3200 sf - (1000 sf) SEMINARYICLASSROOMS 1 4 1 11500 sf 0 sf 1500 sf 1200 sf 0 sf 1200 sf - 300 s TOTAL 123,542 sf ITOTAL 126,099 sf + 2557 additional s.f. 11 Notes: these areas were calculated as 1 building on Original Plans I *' this area occurs under and within the same roofline as the Original Plans Page 1 D O M I N Y + A S S O C I A T E S A R C H I T E C T S RECEIVED BY PLANNING DEPARTMENT 2150 West Washingum-Suite 303 CITY OF NE "POl? T EEA CH San Diego,Cahfomia 92110 Tel (619) 692-9393 AM FEB 2 ] 2000 PM Fax(619) 692.93 94 aldominy@mscomn. Transmittal 7181911011111r^.111213141516 To: Bob Goldin w/ City of Newport Beach , Planning Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 From: David Pfeifer Project: St. Matthew's Church Date: 22 February 2000 Re: Use / Parking Matrix CC: Lew Dominy, Fr. Stephen Scariett, AI Beimfohr, Dan Guggenheim WE ARE SENDING: Copies: Date: No. of Pages Descriptions: 01 02/22/00 01 Parking vs. Use Matrix 01 7/13/98 02 Letter from 1s' Submittal VIA: X Mail ❑ Hand ❑ Federal Express ❑ Fax TRANSMITTED: ❑ For Approval ❑ For Your Use & Info. X As Requested ❑ For Review & Comment ❑ Other I have included a matrix that shows the various uses on site along with their associated parking load. The uses and occupant loads identified are the maximum allowed based upon the available parking. The reality of how the Church will use the site will be much less. Please refer to Fr. Scarletfs letter that describes how they anticipate using their new facilities. Through your analysis, please note the following: 1. There is no increase in the 'Peak" or "High End" of the uses on the site. The current plan, and the approved plan, both provide 104 parking spaces to accommodate a Worship Center for 312 occupants. This has not changed. 2. The enclosed matrix shows the 'maximum allowable uses' that could occur on site based upon the available parking. The actual weekday uses and occupant loads are anticipated to be much less. The only large services that would be held during the week would be Funerals, Holy Day Services, or other exceptional events. As indicated in Fr. Scarlett's letter, the usual weekday services will be modest in size. 3. The only change to the use or occupant load is the total number of children in the Phase 1 preschool has been changed from 48 to 60 children. The approved plan included expansion of the Preschool in the later phases of the project. The Church would like to include 12 more children in the 1 '' phase of the project. We trust that through your analysis of the project you will see that there have not been any significant changes to the use, occupant load or associated parking for the project. As previously mentioned, the changes that have been made are functional and aesthetic in nature. The changes made to the elevations have simplified and harmonized the Architecture. The changes made to the massing (location of 2nd floor) will buffer the adjacent town homes from the noise of Bonita Canyon Road better than the approved plan. We feel that the project is better - on many levels. We look forward to seeing you staff report. If you have any additioani questions, please do not hesitate to call. Sincerely, Dominy + Associates rchitects Q1,. P David Pfeifer, Associate DOMINY + ASSOCIATES ARCHITECTS St. Matthew's Church Use Permit #3633 SHARED PARKING ALLOCATION PARKING PROVIDED CHURCH FACILITIES Weekends '" 104 Spaces Weekdays 7AM - 6PM Weekdays 6PM -10PM * 76 spaces ** 104 spaces .r 2/22/00 ADJACENT PRESCHOOL 0 spaces 26 spaces 0 spaces USE OF CHURCH PARKING SPACES ** A. WEEKENDS & WEEKDAYS 6 PM -10 PM 104 spaces available 312 in Worship /Assembly (1 space / 3 people) 104 spaces OR OR 104 in Class / Council /Choir 104 spaces OR OR A pro-pated blend of uses based on available parking 104 spaces * B. WEEKDAYS 7 AM - 6 PM 76 spaces available 1. 60 Children in Preschool (1 space 13 children) 20 spaces 2. 5 Preschool Staff (1 space 11 person) 5 spaces 3. 4 Church Staff (1 space / 1 person) 4 spaces 29 spaces AND AND 141 In Worship / Assembly (1 space 13 people) 47 spaces OR OR 47 in Class / Council / Choir 47 spaces OR OR A pro-pated blend of uses based on available parking 47 spaces 76 spaces total //I 7-20—J99S A:SAAM FROM P. 2 S LI(9 1MI�7v` July 13, 1998 Mr. Marc Myers City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Myers: K--) / --2 3 lqf Item 6 of your letter to David Pfeifer of Domine & Associates dated June 19, 1998 asked for the following information. Please specify the hours of operation of the proposed facility including the number of church services to be held, the day which services will be held, and the frequency of services held. . Also include some detailed information on the classroom facilities. Currently, St. Matthew's Church has two Sunday services of Holy Communion (8:00 am. and 10:15 am.) a service on Thursday Morning at 9:30 am, and services on roughly ten holy days throughout the year. Holy day services are typically held at 7:30 p.m. On occasion we celebrate aholy day at 6:00 p.m. followed by a parish meal. In additional to communion services, we have a service of Evensong on Thursdays at 6:00 p.m. and a service of Morning Prayer on Fridays at 6:00 am. Our choir practices on Thursday at 7:30 p.m. An AA group meets on in our church on Tuesdays at 7:00 p.m. We have Sunday School for all ages at 9:00 am., between our two Sunday services. We have Bible Studies on Tuesday night at 7:30 p.m. and Thursday morning at 10:30 am. We plan to start a third Bible Study on Fridays at noon in the fall. We have regular office hours of 10:00 a.m. to 4:00 p.m., during which our office is staffed by our Administrator and/or volunteer staff. we keep our church open during these hours and invite the community to "enter, rest and pray." Much of the work of our church is done by volunteers. They come by the church as they are able, sometimes in the evening, sometimes on Saturday to get the work done. My own work hours at church fluctuate greatly according to the demands of the season. I am typically at church late two to three nights a week. Our building plans include plans to expand our ministry. As demand requires, we plan to add a third Sunday service and duplicate our Sunday School at the additional service. A likely scenario would be services at 7:30 am., 9:00 am., and 10:30 am., with Sunday School at 9:00 am and 10:30 am. Another possibility would be to add a service on Saturday or Sunday evening. We plan to institute a Youth Night, perhaps on Wednesdays, for young persons of all ages. We also will add one or two midweek services. The times of these will depend upon the needs of the congregation. Also, we plan to initiate other Bible Studies and small groups. It is harder to offer specifics about these as they typically result from spontaneous felt needs of the congregation. As our church expands, we would expect our small RECEIVED TIME FEB.22. 4:26PM I Ir% 7-20—ISSS Az55Att FROM P..3• 2 group structure to expand, We also plan to expand our office hours, perhaps to 9:00 am. to 5:00 p.m. We hope to be able to keep our new church open as often as possible as a house of prayer for the community. It is important to note that our various meetings are of distinctly different sizes. Our current Sunday attendance fluctuates between 80 and 120 at the two services, The 3:00 am. fluctuates between 10 and 30 and the I 0:15 fluctuates between 70 and 110 (not counting.Easter and Christmas). Our midweek services are smaller. The Thursday morning communion and the Thursday Evensong are attended by between 5 and 15 people each. Holy day service attendance fluctuates between 15 and 50. The Tuesday night Bible study has around 20 participants. The Thursday Morning Bible study has between 5 and 10 participants. Choir practice is attended by between 10 and 20 people. Friday Morning Prayer is attended by around 5 people, Obviously, we hope that building our church will help our church to grow. We hope to double our Sunday attendance over the next few years. The numbers for our various services and classes are expected to grow, each in proportion to Sunday attendance. The new mid -week services and small groups are expected to be of the same size and grow in the same manner as rite existing services and,groups. However, we are not the kind of church that experiences meteoric growth. We grow slowly and steadily. We would expect the visibility of the new site to have a significant immediate impact, but, after that, we would expect to continue to exhibit the slow and steady pattern that has characterized us over the last eighteen years, The above discussion has not included the pre school. Our preschool will have a capacity of approximately 48 children. The preschool will be open from 7:00 am. to 6:00 pare. Monday through Friday. We plan to have full day programs and half day programs. Children may attend Monday through Friday or two or three days of the week Our plans also include provision for the eventual expansion of our preschool, but we have not yet developed detailed plats for this. Our preschool rooms will be used on Sunday for the Sunday School and for a nursery. We are also interested in developing an after school program for older children. There is a great need for a safe and wholesome place for children to be between the end of school and the time parents return from work. We plan to investigate how we can serve the community with such a program, I hope this gives you the needed information: Let me ]stow if any thing else is needed, Sincerely, Stephen C. Scarlett, Rector l�