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HomeMy WebLinkAboutEASTBLUFF SCHOOL SITEnae aad %ra Soak 332 *eta 7w da *Ae ano Veaek, eA 92660 (714) 760-3631 - 7". (714) 640-6415 April 20, 1992 Forest Werner, President N-MUSD Board of Education 992 Azalea Dr. Costa Mesa, CA 92626 Dear Board President Werner: RECElvtu o, PLANNING bEPARTMEN'i r'ITY OF NEWPORT BEACH AM APR 2 21992 718191101111129111213141516 A We believe that Patti Temple, Principal Planner, City of Newport Beach can be of great assistance to you and the nonaligned members of your Board in helping NMUSD to better understand some of the less obvious potential legal considerations underlying and (possibly) invalidating Dr. Nicoll's recommendation that the Coast Community Col- lege District be permitted to lease Eastbluff School. Mrs. Temple is uniquely qualified to help you, your non -special interest members and Dr. Nicoll understand the fine nu- ances in Newport Beach between a "Master Planned Community", a planned commu- nity and just where, historically, Eastbluff fits in our planning and zoning spectrum. It is important that you take note of the fact that title to this elementary school has re- mained unchanged since dedication. Apparently, elementary schools in California and, especially, Orange County, are not considered the same as adult education schools by legal definition. They are, in fact, held to be quite dissimilar in every quantifiable category measured. Aschool is not a school .......... as Dr. Fernandez recently suggests in the media. Dr. Vega's March 2,1992 letter to Dr. Nicoll contained half-truth. misstatements of fact and false statements concerning Eastbluff and Bluffs homeowners and their respective as- sociations. He certainly would have been challenged and corrected at your last meeting had he seen fit to attend. It was probably no accident that he failed to appear, as scheduled. Your Board should place absolutely no reliance on what he wrote in that letter or in what Mr. McEl- roy, the source, might still attempt to say today. Moreover, any member of your Board who presently has or may, in the future, develop a vested interest in the outcome of this dispute must so declare now and disqualify immediately. Our Group would like to know if Mr. de- Boom's recent column in the Daily Pilot was preauthorized and approved by the Board before publication. deBoom's unsubtle attempt to intimidate the electorate will surely backfire if he chooses seek another term. He comes across abraisive and outspoken with- out great depth of knowledge. He is clearly not above the electorate --a fact that may yet elude him. If the deBoom commentary was not approved by your Board, as alluded, we would assume that you will take responsibility and publicly apologize for the member's intemperate remarks while publishing a denial ofhis articulated "official" position. Cordially, STUDY SESSION Agenda Item No. 12 • TO: Honorable Mayor and Members of the City Council FROM: Kevin J. Murphy, City Manager SUBJECT: COASTLINE COMMUNITY COLLEGE PROPOSAL As the City Council is aware, Coastline Community College has proposed to lease Eastbluff Elementary School as a site for its class offerings which are now offered in Costa Mesa, Fountain Valley, Garden Grove, Huntington Beach, Westminster and Newport Beach. These college level class offerings are now utilizing community facilities, business sites and industrial centers. Attached to this report is a report prepared by Coastline which generally describes their proposal and course offerings. Over the last month and a half there has been considerable public discussion on the possible use of Eastbluff Elementary School for this purpose. The City Council has not formally discussed the issue, nor has it formulated a position on the proposal. This report will attempt to address the issue and offer the City Council a position on this matter. Prior to addressing a position on this matter it would be helpful • to provide some background information on the site. In 1969, the Newport -Mesa Unified School District (NMUSD) applied for a use permit to construct the Eastbluff Elementary School. The application which was approved by the City requested a "school site," but in an accompanying letter from the Superintendent described the proposal as a request to construct an elementary school. In 1959, the California Legislature adopted a comprehensive law that required school districts to comply with building and zoning ordinances of a city or county. At the same time, however, the Legislature permitted a school board to render these laws inapplicable to a proposed use. The NMUSD Board has not taken this step on the Eastbluff Elementary site. Some Eastbluff residents have requested the City to revoke or suspend the current use permit on the Eastbluff Elementary site, but the City Attorney's office after review of the case law in this area has determined that this action would have no effect on NMUSD's ability to lease the site to Coastline. In terms of land uses other than classroom or educational uses it appears that State law is unclear on whether these uses are regulated by the City's General Plan or land use regulations. The City Attorney's review of the applicable State statutes indicates that the laws are somewhat ambiguous and vague and could leave NMUSD the argument • that they could exempt themselves from local land use regulations and use the property for alternate land uses. A summary of relevant statutes is attached. In any proposed alternate use of the land, however, the City Attorney believes that the NMUSD must comply with CEQA and may be required to complete an Environmental Impact Report. Based on the foregoing the City Council should consider establishing a position on the future use of the Eastbluff site. Listed below is a proposed policy position on this matter. The staff is prepared to review this position as directed by the City Council. • • 11 CITY COUNCIL POLICY POSITION 1. The City supports the NMUSD in its mission to provide the highest quality educational program to the Newport Beach community. 2. The City acknowledges the difficult financial position that all California school districts are in today and supports efforts to use all under utilized NMUSD properties for revenue generation. 3. The City encourages the NMUSD to strive to minimize the impacts of their former school properties on surrounding residential uses. If the impacts cannot be satisfactorily mitigated then the City opposes any alternative education, residential or commercial uses of former school sites. 4. The City staff is directed to assist the NMUSD in efforts to mitigate proposed _i._�_a............,...,oet +t,> »aeAc of the entlrn community. study session #12 CJ • C CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY April 22, 1992 TO: Mayor and Members of the City Council FROM: Robert H. Burnham SUBJ: Proposed Lease of Eastbluff Elementary to Coastline Community College We are currently in the process of evaluating numerous statutes which may be relevant to the proposed lease of Eastbluff Elementary to Coastline Community College. The various statutes are too numerous to discuss in detail, so we have prepared the following summary: 1. The Board may render Building and Zoning ordinances inapplicable to a proposed classroom or non -classroom use of its property by a 2/3rds or 4/5ths vote, respectively, of Board members. However, the statutes do not clearly define "non -classroom" activities. The District may be able to render Zoning ordinances inapplicable even though the District applied for, and received, a use permit authorizing construction and operation of the elementary school. Assuming the proposed use is consistent with City Building or Zoning ordinances, or the District renders those ordinances inapplicable, the District must follow certain procedures prior to approving a lease of vacant classrooms or a sale of the site. These procedures include the adoption of a resolution of intent to lease and notice to other school districts that classrooms may be available for lease. 3. The proposed lease to Coastline Community College is a project and the District must comply with provisions of the California Environmental Quality Act. This office will provide a more comprehensive Memo once we receive direction from the City Coungwl RHB:kmc City Attorney OR 20 192 13:04 COASTLINE COLLEGE P.2/6 "no community is the campus, The ctttxens are the surds» ft COASTLINE DBNT COMMUNITY COLLEGE Dpee+ William M. Vega, Ed.0.d.D. 11460 Warner Avenue. Fountain Valley, CA 92708.2597 April 16, 1992 (714) 548-76W FAX (714) 241.6248 Coastline Responds to Eastbluff Residents Prepared BY: - Gait Jones, Public hdomution Officer, (714) 241.6t% In response to the concerns raised by Eastbluff residents in recent meetings and newspaper articles, Coastline Community College has prepared the following paper to address the major issues surrounding the proposed leasing of Eastbluff Elementary School in Newport Beach. It is Coastline's desire to work with the community and, to that end, the college is listening to each and every concern and making every effort to address these concerns in order to meet the needs of the community. College Overview • A fully accredited community college with headquarters in Fountain Valley, Coastline offers programs for more than 15,000 students each semester At area campuses, serving the cities of Casts Mesa, Fountain Valley, Garden Grove, Huntington Beach, Newport 'Beach and Westminster. In addition, classes are offered at more than 80 location$, including community facilities, business sites and industrial centers, giving Coastline the flexibility to better serve the changing needs of Orange County's population. • Recognized worldwide as 'the college adults turn to; Coastline's career - oriented curriculum features state-of-the-art training in occupations ranging from accounting to travel and tourism, including such high demand fields as computer networking international business, legal asmshn& quality assurance and telecommunications. Student Profile Coastline has a unique student profile compared with most community colleges in the state. Coastline primarily, serves mature adults with an average age of 35. These serious students commonly have varying degrees of post -secondary education experiences and are returning to Coastline classes to enhance their professional, occupational or personal goals. The college also serves a significant number of senior citizens —especially in the Newport Beach area —through an Emeritus program SeniorNet teaches older students personal computing skills. Additional courses for seniors include music, art, healthful eating and a_variety of other topics. COAST COMMUNITY COLLEGE DISTRICT BOARD OF TAUST99S Sherry L Baum. PaW 0, Yarqf Walter Q wmedi Nuoy A ►oIIIUU, Amur& R. RWt Kir$M N. aamoil. SWd#M Trwi" Allied P. Feffmidai, PA,O. APR 20 192 13:05 COASTLINE COLLEGE P.3/6 Coastline Respond -page 2 of 5 • ort Beach Area the Newport Serving the �WP full service community college serving Coastline's Coastline fuss area since it was founded in 1976. 1 center Beach/Corona del Mar based educational centers, the Newport center- Recent other three community -.residents i dlately surroundmot�students prayserves cs show that a significant r. rit. port Beach - demographic _ Beach location are residents of Newport statisii enrolled at the Newport Why Ei011L1W- mil, a faciliitY the taxpayers built, will be e the Fast and Educati Coddee fadlity as h1 T bluff F.le coasdine � meter Act beg available. According site because the college will beauty. has first priority to leads the as an educate designed far educatlor►al it was originally intended to be , A public If Coasaine doesn't lease this site, a public building purposes will go unused• c rcial) in the Newport to Coastline has looked into Other � mostly The college t s found the pmpertres • Beach area during the past inadequate parking. be unaffordable and lacking residents each roxbrlately 'l,W Newpoloc�d chandtherefore' ideal to semester. The college serves app is centrally The Eastbluff facility serve this region' rmdmate number of basses Coastline Tentative Courses Plan ects the ppb�uff b �a� and what the "` The following schedule ast several sa b: � �8 „lyw proposed summer has offered over Mhe gr � the foresee contingent upon available finding. college a%lam guarantee and will be schedule is not r exA1 sB_Tf L5 .tan. RIN w'ednesday Thursday Friday Satu Time Monday Tuesday • (No. o/ Classes) 3 4 9 a.m. -, 4 4 1 12 P.m. 2 2 2 2 12:30 p.m. ' _ 3:30 P•m 10 to 10 10 6:30 P•m- 9:30 P,m. PPR 20 '92 13:06 COHSTLINE COLLEGE 9 a.m. - 12 noon 6:30 P.M. - 9:3o p.at. P.4/6 There are no classes scheduled for Friday evenings or Saturday afternoons' No classes will be held on Sundays at any 6"' d in the aforementioned schedule are as follows: Specific programs to be offere Fall and Spring Morning : 2 art, 1 computer and 1 business or parenting class Afternoon; 4 foreign laerfnguage, 2 busines1 business or arts, 2 art, S computer, Evening: I general education • Summer 1 business Morning: 2 art, Evening:. , 2 art, I business, 2 computer Expected enrollment (based oat part statistics) for all classes will range between 25 and 30 students per class. Traffic & Parking 5o. in the _ Based on the charts and numbers listed above, the maximum number of cars for classes held between 9 a.m.band wnoon 250 and be 1 most cases, young would be up to 50 and at night aouto people en route to school and adults en route to work win be gran prior the morning sessions and home before the evening sessions begin• liwould add' 250 parking spaces to the back asphalt area (creating a Coastline total 300 spaces). No existing playground facilities would be displaced. At the beginning of each semester, students would be sent a letter which re ations and encourages Students will outlines parking gui es them to car poolof class that they must park on site. also be told by instructors at the semester For the first two weeks of every semester there would be parking control assistance each evening. Parked on the street will also be placed on the windshields of any cars p APR 20 192 13:06 COASTLINE COLLEGE P.5/6 Coastline Responds —page 4 of 5 • The Facility Coastline leases elementary schools because they are already designed as an educational facility —complete with administrative offices and classrooms. The current Eastbluff facility would not be changed or retrofitted. be used for has five pods. if Coastline leases the facility, three pods would classrooms, one pod for a child care center and one for instructional support. The Eastbiuff rest rooms are adequate for adult use and would not be modified. Because the facility would be used as is, the cost of relocating is minimal. in addition, the site can easily be converted back to an elementary school facility in the future. Coastline would pursue the least'invadve and most aesthetic lighting alternative. Ail fighting would be built/installed to meet state codes. Directional lightirg will be centered around parking areas without illuminating beyond the parking spaces. The school building itself would be a barrier between back parking lot lights and homes facing the school. Coastline would improve interior walkway lighting. �I Maintenance and Operations Weekly ground maintenance includes cutting, edging, fertilizing and watering lawns. Regular maintenance also includes painting, window washing and repairs. A fun -time custodian would be on duty. r . -• Noise/Loitering/Trash As mentioned previously, Coastline students are responsible adults with. an average age of 35. Students are provided with a break area. No mobile vendors or catering . services will be on site at any time. The Coast Community College District prohibits smoking and the consumption of alcoholic beverages in the classroom or on the school • grounds. Coastline would contract with a local rubbish collector for weekly trash pick UP. . i i APR 20 192 13:07 CORSTLINE COLLEGE • Coastline Responds —page 5 of 5 Security Interior walkways would be lit in the evenings, seven days a week. College personnel would be on site weekdays from S am. to 11 p m In addition to installing a silent alarm, Coastline plans to work with local police to provide increased patrols. Coastline currently has a Safety/Envitwmental Committee which meets reVA"1y to evaluate all sites. Benefits A college center in the Eastbluff area would provide many benefits to the Newport Beach community. • A college is an asset to any community, offering course" to enhance community members' lives through personal enrichment and profeesiOW' °wththe district to reopen it as a Coastline •would maintain the building, allowing district value. • an elementary school in the• future as well as maintaining property • An occupied building is a much safer one. A vacant building encourages vandalism and vagrants. • Coastline's presence at Eastbluff will preserve existing o en Spa an greenbelts, making it more appealing to the surrounding ty- • Coastline provides the convenience of having a local full-scale college. • Coastline would provide a continuous m of income to is not thedNewport- Mesa Unified School District during yews • ck constraints and cutbacks. elementary school and during a time of budgetary constrfor the cutba it. • Coastline would continue to offer a day care program A community college is, by definition, a college for the community. Interested in serving the needs of the entire community, Coastline is open to establishing a citizens advisory committee (comprised of community members and college representatives) for ongoing recommendations. C � i .,dam-.- �- - -- -- - �-� -� ���-� - - - ` 'R-�-`c3tZ ��2D � mac,/�soo_�t ���,�e, �� r CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY April 20, 1992 TO: Bob FROM: Laura RE: Sale Of School District Land To A City The statutes regarding a school district sale of its real property to a local government entity are found at Education Code Section 39360, et seq. Education Code Section 39360 provides that the governing board of a school district may sell any of its real property which is not or will not be needed by the district for school classroom buildings at the time of delivery of title. The funds derived from the sale of such surplus property can be used for limited purposes as set forth in Section 39363. Any such sale of property shall be governed by the provisions of Government Code Section 54220, et seq. regarding surplus land. The Government Code statutes declare that using the land for open space and recreational purposes is a priority and allow for the sale of surplus land to a public entity which will continue to use it for recreational purposes. They further require that the entity holding the land notify various agencies set forth in Section 54222(b) that the land is available whereby an entity desiring to acquire it notifies the holder that they will buy it. After that point, the entities may negotiate for the sales terms pursuant to Section 54223. Prior to the sale, the school board Would need to adopt a resolution, by a two-thirds vote, declaring its intent to sell the property pursuant to Education Code Section 39366. The provisions of the Education Code found at Section 39360, et seq. and the Government Code found at Section 54222, et seq. seem to conflict in that the Education Code looks like a public bidding statute, whereas the Government Code states that the local agencies can negotiate between themselves in order to arrive at sales terms. However, Education Code Section 39360.5 specifically provides that the sale of real property shall be subject to Section 54220, et seq. of the Government Code. It could mean that the public bidding requirements apply only to the situation where the school districts want to lease their property. Bob April 20, 1992 Page 2 Education Code Section 39390, et seq. provides for the sale or lease of a school site containing land which is used for playgrounds, playing fields or other outdoor recreational and open space purposes. Such land shall first be offered to any city within which the land is situated (Section 39394). The Sections further limit the price for which a school district may sell the land (Section 39396). Prior to the city purchasing property pursuant to these provisions, it must first find, by a two-thirds vote, that public lands within the vicinity of the school district land are inadequate to meet the existing and foreseeable needs of the community for playgrounds, playing fields and other outdoor recreational and open space purposes (Section 39397). Further, the city must adopt a plan designating which surplus sites the city desires to purchase (Section 39397.5). V LSS:gr gr/bobscoo L.mem USE PERMIT APPLICATION CITY OF NEWPORT BEACH Planning Department 33CO Newport Boulevard Phone (714) 673-2110 N o . ^f. LV Fee $150.00 Applicant Newport -Mesa Unified School District Phone 645-0600 Mailing Address Post Office Box 1368Newport Heach California 011.0 _-- Property Owner The Irvine Company Phone— 544-0110 Mailing Address Irvine C�liforni� - �ro2� e-RA Address of Property Involved Proximity of the corner of Vista del Sol _ AN el 0 0 Purpose of Application (describe fully) Zone __Present Use Vnnnnr nrnr ry Legal Description of Property Involved (if too long, attach sheet) gnature of Applicant or Hg gnytLre of uwner �/ — Date xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx DO NOT COMPLETE APPLICATION BELOW THIS LINE : , .P . f I Date Filed 3-7C/-/vCi Fee Pd.-;.1,,. 4 Receipt No. Hearing Date / �2 �Z Publication Date Posting Date 7-__Mail Date P.C. Action APPROVED subject to condit part hereof. Date Apr. 17 1969 Appeal r C Arrin� Mal INl� WTY OF NEWPORT BEA* April 17, 1969 COMMISSIONERS Ci W p\ £ N J7 N' J• 0 7 solution can be found. He also stated that they could bring in box trees for screening rposes. After discussion, the application was Motion x approved ubject to the following conditions: Second x Ayes x x x x x 1. Layout the parking lot and loca- Noes x tion and ign of the access points shall be sub ct to approval of the City Traffic En 'neer. 2. Landscaping plans an arking lot lighting shall be subje to the approval of the Planning ' ector. 3. The parking lot shall be proper surfaced (the plan submitted by th applicant indicates two inches of asphaltic concrete over native material). Parking spaces, entrances and exits, and directional aisles shall be properly marked. 4. Approval shall be for a period of one year and any request for exten- sion shall be brought to the Planning Commission rather than vo the Modifi- cations Committee. ! UP-1428 NEWPORT-MESA UNIFIED In the vicinity of ! SCHOOL DISTRICT Vista del Oro and I, APPROVED Vista del Sol I I I Por. Block 52 Irvine's Subdivision l Zone R-4-B-2-UL Applicant requests approval of the constructio I! of an elementary school on a proposed site. I it Mr. William Roode of the School Construction I I I and Planning Staff was present at the meeting. I After a discussion, the application was approv d i j subject to the following conditions: Motion x Second x 1. A parcel map shall be filed delineating All Ayes the subject site. 2. Vista del Oro adjacent to the site shall be dedicated and improved in accordance with City development Page 9. 4ITY OF NEWPORT BEAM COMMISSIONERS ri1 17, 1969 standards; including half -street paving, curb, sidewalk, street lights, street trees and any necessary utilities. 3. The development of the site shall be substantially as shown on the plans and elevations submitted with this request; including the size and location of the proposed signs. 4. Plans of the proposed landscaped areas and method of irrigation shall be submitted for approval by the, Planning Director prior to the issuance of a building permit. 5. All outdoor lighting facilities shall be directed away from surround- ing properties proposed for residen- tial development. R-263 NEWPORT-MESA UNIFIED In the vicinity of Vist SCHOOL DISTRICT del Oro & Vista del Sol APPROVED Por. Block 52 Irvine's Subdivision ' I Zone R-4-B-2-UL Applicant requests approval of the creation of one parcel for a school site. I Mr. William Roode of the School Construction and Planning Staff was present at the meeting. I f After a discussion, the application was Motion xi approved subject to the following conditions: Second I ;x All Aye 1. A parcel map shall be filed to l i legally establish this parcel. j 2. Vista del Oro shall be dedicated as a 30 foot wide half -street and improved in accordance with City standards, including half -street paving, curb, sidewalk, street lights, street trees and any necessary utilities. Page 10. • April 17, 1969 TO: FROM: SUBJECT: Application CITY OF NEWPORT BEACH Planning Commission Planning Department Use Permit Application No. 1428 (Related to Resubdivision No. 263) Newport -Mesa Unified School District Portion of Block 52 I,vine's Subdivision Zone R-4-B-2-UL Pursuant to Section 15004 of the California Education Code, the Newport -Mesa Unified School District requests Planning Commission approval to establish the Eastbluff Elementary School for grades kindergarten through 5th grade. The request is being filed in conjunction with Resubdivision No. 263 which delineates the sub- ject site. Subject Property and Surrounding Uses The subject property consists of about 11.00 acres of vacant land in the R-4-B-2-UL zone situated on the southerly side of Vista del Oro easterly of Vista del Sol. Vacant land abuts the site on the west and across Vista del Oro to the north. The Eastbluff Park abuts the site on the east and south. A pre-school approved by the Planning Commission in March 1966 under Use Permit No. 1197 is located at the northeasterly corner of the site. The entire surrounding area is zoned R-4-B-2-UL. The Eastbluff Village Shopping Center is located at the northeasterly corner of Vista del Oro and Vista del Sol, and is classified in the C-N-H zone. Developmental Characteristics The following outline contains the major developmental characteris- tics of the subject property: Gross Site Area Dedicated Street Area Net Site Area Total Playground Area (Approximately) Paved Playground Area (Approximately) Improved Area (Approximately) 11.66 Acres 0.66 Acres 11.00 Acres 6.40 Acres 0.16 Acres 4.60 Acres • 0 TO: Planning Commission - 2. Parking Spaces Provided Number of Buildings 18 Classrooms 2 Kindergartens 1 Administration Room 1 Library Room 3 Toilet and Storage Buildings 45 Three future classroom buildings each containing six classrooms are designated near the southwesterly property line to be con- structed as enrollments demand. The proposed development will combine active open play areas with those of the abutting park to provide joint use facilities. Vista del Oro will be dedicated and improved as a minimum 30 foot wide half street. The northerly half of this street will be improved as a condition of approval of Use Permit No. 1422-A, Northbluffs Phase I. Analysis and Recommendation The subjec'. site has long been planned as an elementary school site designed to serve the rapidly developing Eastbluff area. The School District indicates that there are presently 340 K-5 children resid- ing within the proposed service boundaries of this school with future enrollments expected to be double this number. By combining the schools active recreational areas with those of the adjacent park, a joint facility more functionally designed to satisfy the recreational needs of residents of this area will be afforded. Since the proposed development will satisfy the elementary educa- tional - recreational needs of this area and will be designed in keeping with the developmental characteristics of the area, the staff recommends approval of this permit. If the Commission wishes to give favorable consideration to this re- quest, staff recommends the following conditions of approval: 1. A parcel map shall be filed delineating the subject site. 2. Vista del Oro adjacent to the site shall be dedicated and improved in accordance with City development standards; including half street paving, curb, side- walk, street lights, street trees and any necessary utilities. 3. The development of the site shall be substantially as shown on the plans and elevations submitted with this request; including the size and location of the pro- posed signs. 14 TO: Planning Commission - 3. 4. Plans of the proposed landscaped areas and method of irrigation shall be submitted for approval by the Planning Director prior to the issuance of a building permit. 5. All outdoor lighting facilities shall be directed away from surrounding properties proposed for residential development. Respectfully submitted Laurence Wilson Planning Director By Lf� /Y• Brian N Haw ey Senior Planner LW: BNH:hh Attachments: Vicinity Map Plot Plan and Elevation 1 ~ Y N.EWPORT--MESA Unified School District pnsl office hox 1308 • 11elt-port hcar'h, ralijewiul 9206-3 • (714) 6.15-0600 WM. L. CUNNINGHAM,.S'ppP/Il1IN1110"t March 14, 1969 Mr. Ernest Mayer j,` Cr;_h. •Y � Director of Planning City of Newport Beach r7 330 Newport Boulevard Newport Beach, California Subject: Eastbluff Elementary School. Site - Location Review and Approval Enclosures: A B Dear Mr. Mayor: Resubdivision Application 1. 20 copies: 8-1/2 x 13" En-, ineering Plot "lap of Site with Met=•s and Bounds Legal Description 2. General Development Plan of. the Bluffs a. 20 copies: 8-1/2 x 13" b. 1 Large Scale Copy 3. 20 copies: Flementary School District Map Showing, Proposed Site and Existing Elementary Schools Use. Permit Application 1. Large Scale Plot Plan a. 20 copies: Large Scale b. 20 coptes: A-1/2 x H." 2. 20 copies Showing Building, Clevations 'rhe Newport -Mesa Unified School pi.sr.rict is rorluostinit Hint the 111.nnning, Com- mission of the City of Newport Bench review and approve the proposed Ensthluff Elementary School Site as described in the enclnaurr.:;. Thin stop is requit-od finder the California Education Code before the District m•'Iv procoe,d with the purchase of the proposed site. 'I he District 11Sn rrsperrfifIIv rcqursrs thar tho rilin)' fors c'strlblished by tho City of Newport Br•Irh for (hi, lirsubclivisirn A;•- plic•aLion :Ind the Ilse Permit Application ho waived. 9'hr Districr has midi, n rnreful evnluntion of this proposed site In term:( of rva.,lhlllty of school construction and sIftaI,IItty of location In relarlon I other tir.hools to Life 1listriCL cold to the wren which the proposed srhroi would :wove. 'I'ho srhnal Is proposed to nccommodate children In Grades Kindergarten through 5 in the• aru.l generally known as i•:asCbluff, with the poSsibility that children from c•crrain SUPF-IIINIENDENVS OFFICE aUOGL'1 antl OVSINESS SEI2VICL'S SCI.100l. PLANNING INSI IIUL-I ZONAL SCHVICCS 1601 Slxl000lll s[rool 1657 Placentia Avenue 2000 Cliff DIN. 1901 Newport navlovarll Nowport Borth, Callrornla 92660 Colin Mass, Callfolnla 02627 Newport 9oach, Calif..... la 92660 Costa Mat", Celiblpla 92627 (714) 645.0500 (7141645.1100 (714)645.0600 (714) 645-0000 f Mr. Ernest Mayer City of Newport (teach March 14, 1969 Pare .1.. immediately adjacent areas would also be served. There are presently 3411 K-5 children enrolled from the Eastbluff area, an•+ additional units - either now undrr ronstruction or planned for future construction - are expected to more than double this number. Undcr the terms of the District's transportation policy all children residing in the Eastbluff would be expected to tall: to and from this school, with transportation being provided for children who might subsequently be brought in from surrounding areas. The District is co-ordinating its plans for construction with those of the Irvine Company in terms of future development in the area to provide the necessary sew- age disposal system, street development, and utilities service. Plans have been developed by the architectural firm of Carmichael -Kemp for the construction of the school that would be in harmony, both architecturally and in terms of landscaping, with the existing and proposed residential development of this area. Your interest and attention are very much appreciated. Sincerely yours. Re0. Andersen Administrative Assistant School Pncilities ROA/ch cncIosur.a TO- �4wf6k& DATE o 2J ❑ MAYOR ❑ COUNCIL ❑ CITY MANAGER ❑ DEPUTY CITY MGR. ❑ ATTORNEY ❑ BUILDING ❑ BUSINESS LIC. CITY CLERK DATA PROCESSING ❑ DUPLICATING ❑ FINANCE ❑ FIRE GENERAL SERVICES LIBRARY MARINE PARKS & REC. PAYROLL PERSONNEL PLANNING POLICE PUBLIC WORKS PURCHASING TRAFFIC UTILITIES TELECOMM. FOR: 0 ACTION & DISPOSITION FILE INFORMATION C ❑ REVIEW & COMMENT ❑ RETURN CITY ATTORNEY'S OFFICE CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM April 8, 1992 TO: Clarence J. Turner, Councilmember FROM: Robert H. Burnham SUBJ: NMUSD Proposed Lease to Coastline This Memo supplements our initial analysis of legal issues relevant to NMUSD's proposed lease to Coastline Community College. Additional research has strengthened our conclusion that NMUSD does not need to amend its use permit prior to approving the Coastline lease. However, we believe the District must comply with City Building and Zoning ordinances before embarking on a project that does not involve classroom or non -classroom school district activities (such as condos or retail/commercial space). In our previous Memo, we concluded that NMUSD could probably exempt itself from City Zoning ordinances even though it had already submitted to City zoning jurisdiction by applying for, and receiving, a use permit to construct the elementary school. In a case with similar facts, the Santa Clara Unified School District applied for, but was denied, a use permit to construct a continuation school in Santa Clara. (City of Santa Clara v. Santa Clara Unified School District, 22 Cal.App.3d 152.) Santa Clara Zoning ordinances required a use permit to construct a school in a residential zone. The school district voted to exempt itself from city zoning ordinances after the permit was denied by the Council. The court, in an apparent response to the city's argument the district had consented to zoning jurisdiction, stated: "The only reasonable interpretation of these sections is that a school district must abide by local zoning ordinances unless it chooses to exercise its right of exemption. The decision to render itself exempt is Neither does that Section limit a school district's discretion in any way except to provide that if the district's determination to exempt itself is arbitrary and capricious, it is subject to attack in the Superior Court." (Santa Clara, supra, at Page 158.) Certain Eastbluff residents want the City Council to "immediately invoke a suspension" of the use permit. The Council does not have the power to "suspend" a use permit, but the Santa Clarence J. Turner, Councilmember April 8, 1992 Page Two. Clara case suggests that even revocation would have no impact on NMUSD's ability to lease the elementary school to Coastline Community College. This is true even though certain residents such as Mr. Pomerance are correct when they say the original use permit was approved with the understanding the property would be used as an elementary school. (See letter attached.) We have also been asked to analyze whether NMUSD could construct condos or retail/commercial space without complying with City Zoning ordinances. The District probably does not have the power to do so. We are hesitant to give you an unequivocal "no" because the statutory scheme discussed in the earlier Memo was not a model of clarity. As you know, there are two sections that allow the District to render our Zoning ordinances inapplicable to a proposed use of property. The first section (53094) allows the District to exempt itself by 2/3rds vote "except when the proposed use of the property... is for non -classroom facilities, including, but not limited to, warehouses, administrative buildings, or automotive storage and repair buildings." The second section (53096) authorizes an exemption upon a 4/5ths vote for "a proposed use of property... including, but not limited to, warehouses, administrative buildings, or automotive storage and repair buildings." This second section does not use the term "non - classroom facilities" but does list the same specific uses that describe non -classroom facilities in Section 53094. We think the omission of "non -classroom facilities" from Section 53096 was probably unintentional and may be irrelevant given the listing of specified uses which are indicative of non -classroom facilities. However, the absence of that term in Section 53096 may give the District an argument that they can render Zoning ordinances inapplicable to uses of property other than classroom or non - classroom facilities. Finally, the proposed lease to Coastline Community College is a project pursuant to CEQA. I do not know if the District has conducted an initial study to determine if the project could have a significant affect on the environment. Residents opposed to the Coastline project may want to introduce evidence at the next Board hearing as to the impacts that could result from the project. I understand these impacts will be related to streetside parking, traffic, noise, etc. The residents would be well-advised to have the evidence presented by a person with credentials such as a Planner or Traffic Engineer. Robert H. Burnham City Attorney RRB:kmc Attachment A ' PRFMIER GROUP, INC 714-720-7455 901 Citrus Place - Suite 200 Newport Beach, California 92660 All Council Members 4 CITY OF NEWPORT BEACH RECEIVED Faxed APB 3�K1992 .. NEWPo� BUCH Dear Mayor and City Council Members;. Fax 714.720.1057 Fax 800.729-1057 Telex 981151 April 3, 1992 Attached is an editorial copy of my opinion on expansion of Coastline College into the Eastbluff area of Newport Beach. This is my contention: 1. The City Council who issued the original "Use Permit" to the Newport -Mesa school Board did so with "intent" for the site to be used as an elementary school. 2. Then as well as now, the council would have performed traffic studies, environmental impact studies, etc. to determine the feasibility of a parking facility 10 times larger then the current plan. 3. The City Council should: "immediately invoke a suspension of the permit for "Be" other than the original intended use of the present elementary school. 4. in attending meetings and polling all Home owner groups around the immediate impacted area of the Bluffs and Eastbluff area, the opinions run about: a. 80% adamantly opposed to coastline b. 10% some what opposed c. 10% non committed or in favor. 5. Additional expenses for police, paramedic, traffic, etc. will be incirred without revenue to the city. Please consider revoking this permit until additional studies are undergone and full discussions with our police and traffic departments have taken place. Date _L-- Jo Thank you, 7�4mw-_ Howard M. Pomerantz President � or au 11men tanager ❑ Attemey 0 B11!t. Mr. 0 Gv..Bery Dir. 0 ;'u & F Dir. 0 Planning Dir 0 Mice Chief ❑ p.N.Vr 0 Nher J B E V E R L Y H I L L S 9 0 2 1 0? By now, most people know that this zip code is associated with Beverly Hills. However, the Newport -Costa Mesa School District is about to erode "Newport Beach 92660" into a gathering place for people from the communities of Anaheim, Garden Grove, Santa Ana, etc. (just to name a few) Newport residents north of San Joaquin Hills Road & south of MacArthur have lost their own community elementary school due to a School Board that is run by a majority interest from Costa Mesa. Now, this same Newport -Costa Mesa School Board (supported by elected Newport representatives) is attempting to turn East Bluff School into "Coastline County College". In doing so, Newport residents will lose their playground to a parking lot. Parks & Recreation will not be able to have a local place available for extra programs and the community will not be able to use the school for a children's Gate Program, Magnet School, a school library, Brownies, Cub Scouts and so many other possibilities. Traffic & crime is associated with a college that runs till 10 PM & our almost non-existent crime will become prevalent. Additional police, paramedics & other city services will be required, but at Newport City expense, as only the School District collects the revenue, not the City of Newport Beach. Over 500,000 (yes 1/2 million) one way car trips per year will increase traffic on Bison, East Bluff Drive and the community street of vista del Oro. This will cause additional police expense for accidents and extra costs for street maintenance without revenue to Newport. our own local (and only) shopping center will be overrun by parking and traffic from....... outside interests. Eventually, Coastline will infringe regularly on Newport residents by "Special Events" for Coastline students at East Bluff Park. This reduces our use and will cost Newport taxes for clean up.(It could even interrupt Soccer & Little League) Newport children will lose use of this "Public" park and to lose use of their playground to a "Parking Lot........ What a shamel Residents, wake up our City Council to this plight. Call them, make them aware that the intended use of this School was and is for Newport's children and residents. The Use Permit was issued for our local benefit, not the county's. Let's keep Newport Beach "92660"1 Howard M. Pomerantz ( East Bluff Resident) CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM April 20, 1992 -( j3/9_-1) TO: Clarence J. Turner, Councilmember FROM: Robert H. Burnham SUBJ: Coastline Community College; Applicability of City Zoning Ordinances to NMUSD Activities. In 1959, the Legislature adopted a comprehensive statutory scheme that required school districts to comply with building and zoning ordinances of a city or county. However, the Legislature allowed the governing board of the district to render those ordinances inapplicable to a proposed use. This Memo will summarize the statutory scheme and offer a brief analysis of its application to NMUSD's proposed lease to Coastline Community College. Subject to the exceptions described in this paragraph, a school district is required to comply with all applicable building and zoning ordinances of a city or county in which the property or project is located. The governing board of the district can render zoning ordinances inapplicable to a proposed use of property, other than "non -classroom facilities including, but not limited to, warehouses, administrative buildings, auto storage and repair buildings" by a two-thirds vote of its members. The board may render such ordinances inapplicable to a proposed "non -classroom" use upon a determination, approved by four -fifths of its members, that there is no feasible alternative to its proposal. The board's decision regarding "classroom" activities can be overturned only if a court determines it was arbitrary and capricious. The board's decision to exempt non -classroom activities can be overturned if the decision is not supported by substantial evidence. The district must comply with certain specific building and zoning ordinances not relevant to the issues presented by the proposed lease to Coastline Community College. As you know, in 1969, NMUSD applied for a use permit to construct the Eastbluff Elementary School. The formal application asked for a use permit to create a "school site" but the accompanying letter from the Superintendent clearly describes the proposal as a request to construct an elementary school on part of Clarence J. Turner, Councilmember April 20, 1992 Page Two. a parcel previously used for recreational purposes. An argument can be made that the use permit limits the site to an elementary school with an amendment required before any lease to Coastline Community College. There is one case which touches on this issue. (City of Santa Cruz v. Santa Cruz City School Board, 210 Cal.App.3d 1). In Santa Cruz, the district installed lights around a playing field. After installation, the district applied for a permit which was modified and then approved by the city council. (Council approved fewer light poles at reduced heights.) After the district determined the permit granted by the Council would not provide adequate lighting, they voted to exempt 'the project as a "classroom" facility. The City of Santa Cruz apparently did not argue the district had consented to zoning code jurisdiction when they filed the application for their permit, and the court attached no significance to the district's application for permit. A second issue is whether the proposed use by Coastline is, "classroom" or "non -classroom" activity. The courts have recently concluded that a swapmeet operated on a community college parking lot was "non -classroom" activity, even though 20% of the proceeds were turned over to the school for instructional programs. On the other hand, the lighted playing field in the Santa Cruz case was a "classroom facility" because it was directly related to student instruction such as P.E. classes, spirit activities and band performances. Those activities were deemed "an integral part of the educational program at the high school." I believe the City has a valid argument that the instructional activities conducted by Coastline Community College are not classroom because they are unrelated to the educational program of the District, or the education of the students served by the District. In summary, I believe the City has a plausible, although not strong, argument that the District must obtain an amendment to the use permit before it can approve a lease with Coastline Community College. I believe the proposed lease to Coastline is for non - classroom activities, and NMUSD could render our zoning and building ordinances inapplicable only upon a finding by four -fifths of the members that there is no other feasible proposal. ober H. Burnham City Attorney RHB:kmc cccoll.mem .o, zi oaN� March 12, 1992 Mr. Mike Soucek 332 Uista Trucha Newport Beach, CH 92660 Dear Mike: CITY OF NEWPORT BEACH (714) 644-3000 Thank you for your letter of March 12th concerning the Eastbluff school • buildings and their possible use by the Coastline Community College District. In a telephone conversation 1 had this day with school officials, 1 was -assured that the Coastline •Community College District personnel and the Newport -Mesa Unified School District personnel would directly communicate the proposed lease and modifications to representatives of the homeowners' associations. Following this communication a decision would be made concerning this matter but not until the details are known and comments made by the homeowners' associations. Therefore, I believe that it would be premature to place this subject matter on a City Council Study Session agenda until the City knows more about the dialog between the two districts and the homeowners' associations. If you have any questions, please give me a call. Sincerely, ROBERT L. WVNN / City Manager RLW:kf cc: C. Turner 6cc � N�cnl1 City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92659-1768 8)ty92 at 12:20.00 For: Wynn. Hon Bob (64 -3889) From: Mike and Ingrid Soucek i716 LWA 332 ML J" 76 panl &A, CA 92660 (71q) 760-3631 — go& (71q) 00-015 March 12, 1992 Mr. Bob Wynn Office of the City Manager City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92660 Dear Bob. This letter is written to you for Council scheduling at the suggestion of Councilman Turner. We are asking you to add this item to the agenda of the next Study Session with notice to all parties concerned so that appropriate representatives can attend and participate in the discussion. The City had earlier announced a position of "non-involvement" in the matter of the Coastline Community College District's current attempt to lease Eastbluff School from the Newport -Mesa Unified School District. The.parties were then told that a City use permit would not be required, that the approval of area homeowners' associations was unnecessary, that the preparation of an environmental impact report could be safely ignored, etc. The Districts are now proceeding with their negotiations ignoring these and other important components required by the public negotiating process between the two Districts, their constituents and their patrons. We believe that the City should become involved in this particular process just as it did when the Lucas faction proposed to build a football stadium at CdMHS and when the Bergeson acquatic center became more than one man's dream. There is considerable opposition to Coastline leasing Bastbluff School from all area associations and the homeowners independent of their respective associations. For its part, Coastline has done little to address the concerns and fears of the associations. Their representatives have appeared before well -attended homeowner meetings throughout the Bluffs but their bent was not toward seeking project approval from the residents. They came to ask what courses should be taught when they "take over" the School, Newport -Mesa, on the other hand, in the person of Mrs. Carol Stocker, the District's negotiator, says that it does not need public approval to lease Eastbluff School. Stocker says she is under instruction from John Nicholl to "do the deal". Both parties seem to be quite contemptuous of the vocal public opposition and are said to be proceeding "full speed ahead". This topic is scheduled for a Newport -Mesa hearing to be held.at Harper Center on March 24th. That meeting figures to be very well attended. Eastbluff and the Bluffs are planned communities. Bastbluff School is part of these planned communities. There is a considerable operational difference between an elementary school designed accommodate 300 children ages five to 12 and functioning weekdays between 9 A. M. and'3 P. M. with 25 teacher -parent parking spaces AND Coastline's proposed adult education school designed to 0/12192i,t 12;21;17 For: Wynn, Hon Bob (OW338) From: MIko and Ingrid Souook Page Two City Manager Bob Wynn March 12, 1992 accommodate an unspecified number of teenagers and' adults from within (and without) Newport Beach functioning at least six days per week between 8 A. M. and 10 P. M. with a proposed 300 student - teacher parking spaces to be installed behind the School (where the current playground presently serves neighborhood youth). We are told that part of Coastline's proposal is to provide parking lot security lights in the rear of the School (certain to please those Vista Grande and Vista Maderia residents whose homes back on Eastbluff Park and School grounds). Vista del Oro is a curved street with a 25 MPH limit The Harbor Area Boys Club, the Eastbluff Shopping Center and a preschool already generate significant traffic. The City, in its infinite wisdom, removed the crosswalk which protected children using the Boys Club facility when crossing to the Center. The Club has become an unofficial "babysitter" when school lets out at 2 P. M. Estimates range from 50-125 unsupervised children there daily after school. Although the Club cannot "watch" these children and does not accept responsibility for them, they are there and the intersection of Vista del Oro and Vista.del Sol has become extremely dangerous. Factor in the aged residential population in the Bluffs, add Coastline and 300-500 car -driving students coming and going from early morning to late at night AND you and the Council can easily see why the opposition to this project is so great By putting this on the afternoon agenda and getting word to the various association presidents, Coastline and Newport -Mesa, you will avoid another ",packed house' Council meeting with emotional citizens while accomplishing essentially the same. I urge you to involve the City and- the Council in this matter as soon as ;possible. Coastline and Newport -Mesa are acting irresponsibly and without accountability to the taxpayers who make it possible for them to exist They seem haughty and high- handed Hopefully, you and the Council will listen and work with us to help fend off an unwanted leasor of a neighborhood school. We believe that Newport -Mesa is being pennywise and pound foolish, in any event While Eastbluff School may presently be declared "surplus", kids are going to school in trailers at Harbor View and,Lincoln Middle School, a former Coastline location, is (again) being remodeled (at taxpayer expense) and converted into an elementary school. The demolition of Corona del Mar Elementary brought condos and parking headaches to residents of that zone. Who pays for rennovations each time Coatline moves into or out of'a Newport -Mesa facility? We both know the answer. Bluffs and Eastbluff residents do not appear to want Coastline, in any form, at Bastbluff School. Eastbluff School is not presently zoned for adult educational purposes on the scale proposed The City is presently not a party to current negotiations concerning the lease of this property. We ask the City to give this matter a high priority and consider to intervene, either official or as a mediator - conciliator, to protect the interests of the residents who would be affected and impacted by this project Cordially