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St. Andrews Presbyterian Church (PA2002-265)
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item: 5 November 18, 2004 TO: Planning Commission FROM: James Campbell, Senior Planner, (949) 644 -3210 0campbell(&cita. newport- beach.ca. us SUBJECT: St. Andrew's Presbyterian Church Expansion (PA2002 -265) General Plan Amendment, Zone Change & Use Permit 600 St. Andrews Road DISCUSSION On October 21, 2004, the applicant submitted revised drawings reflecting the reduced area of the project. The basement level and two meeting rooms on the upper of Building D have eliminated. The gross floor area of Building E has also been reduced. The following table shows changes in floor area by buildings and use. Building Square Footage by Type of Spate . Building Spate Category Existing 24- Dec -02 f9- Aug-04 7- Oct -04 23 -00-04 Totd Now Charge Campus Application Reduction Reduction Reduction Reductions Proposed Usting Circulation 6 Rest Rooms Classrooms Kitchens Multipurpose San %07 / Chapel Storage 29,023 40,439 3p94 3,094 37,345 8,322 18,155 18,155 219 219 17,936 -219 1,320 1,868 0 0 1,868 548 15,269 28,643 2,779 790 3,569 25A74 9,805 13,026 16,830 1A55 1,454 0 1,055 15,775 2,749 21,246 21,248 0 0 21,248 0 6,399 13,205 4,946 1,454 - -130 6,270 6,935 536 104,440 140,388 8,780 1,454 3,973 '14.W7126.181 21,741 Building Square Footage by Building Building Summary Existing 24- Dec -02 19- Aug-04 7- Oct -04 21- 00-04 Total Now Change Campus Application Reduction Reduction RsdwWon Rcduttims Proposed Eldsti g Building A Building 8 Building C Building D - Old Building D - New Building E - Old Youth 6 Family Center 41,921 41,921 0 41,921 0 21,669 21,107 0 21,107 -562 16,620 16,620 0 16,620 0 17762 0 0 0 - 17,762 0 27,996. 6,780 1,454 527 10,761 17,235 17,235 6,468 0 0 0 -6,468 0 32,744 3,446 3,446 29,298 29,298 104,440 140,388 8,780 1,454 3,973 14,207 126,183 21,741 St. Andrews Church Expansion November 18, 2004 Page 2 Other changes to the project include the relocation of the mechanical equipment areas that were proposed atop the buildings to lower roof areas. Both proposed buildings area now 32 feet consistent with the base height limit of the proposed GEIF zone. This change eliminates consideration of the height of the buildings pursuant to Section 20.65.055 of the Municipal Code. Proposed Operational Conditions Both the applicant and representatives of the nearby homeowners groups submitted proposals for operating conditions as directed by the Commission. Staff has prepared a table with the proposed conditions provided side by side for ease of comparison (Exhibit No. 1). The two divergent proposals (Exhibit Nos. 1 & 2) suggest that a complete agreement is unlikely, although some issues might be resolved with further dialog. The enforcement and monitoring proposal submitted by the neighborhood associations insist on the creation of a committee that will have monitoring and enforcement powers. Additionally, the committee would have limited ability to control activities at the Church. According to the City Attorney, the City cannot delegate the authority to monitor or enforce a Use Permit in any respect. The applicant recommends establishing a communications group as a way to foster continued dialog between the applicant and their neighbors. However, any such group should be a voluntary effort between the applicant and their neighbors with no connection between the, Use Permit or City's enforcement of conditions except as may be brought to code enforcement or the Planning Commission in usual course of business. Conditions that limit church activities must be reasonably connected to a land use concern. For instance, requiring a specified amount of time between back -to -back services so that there is more efficient use. of parking facilities and reduced traffic conflicts is acceptable in staff's opinion. Prohibiting the gymnasium, fellowship hall or chapel or other buildings from becoming a second sanctuary while the main sanctuary is in use is also legitimate in staffs mind as that increased level of occupancy would create a parking requirement that the applicant has not accounted for. Draft Environmental Impact Report At the last meeting, the Commission requested staff prepare responses to a letter dated July 16, 2004 received from Comprehensive Planning Services. Staffs response is attached as Exhibit No. 4. The comment letter did not raise significant new information that would lead staff to conclude that the DEIR is inadequate or requires recirculation. Staff has also believes that the revised project presents no reason not to certify the DER due to its smaller floor area and reduced building heights. St. Andrews Church Expansion November 18, 2004 Page 3 Clay Street Access During the last meeting, staff was asked to work with the Fire Department to better understand access requirements to and from Clay Street. The plan presently shows 2 pedestrian and 1 vehicular access points to Clay Street. The Fire Department is requiring one additional access point near the stairs of the parking garage at the corner of Clay Street and 15"' Street. The vehicular access point is also required by the Fire Department. Each of these 4 access points can be equipped with gates or doors so non - emergency access is prohibited. Parking at Newport Harbor High School (NHHS) The current application does not provide the minimum off- street parking on the project site (400 proposed and 462 required). The applicant proposes to use the 15th Street parking lot located at NHHS as a means of satisfying the off - street parking requirement. An off -site parking arrangement per Section 20.66.080 of the Municipal Code is required. It appears that one of the findings for such an approval can be made due the close proximity of the lot. Section 20.66.080 requires a recorded use agreement with the District of sufficient duration to support the application. No formal agreement exists at this time. Should the Commission recommend project approval, staff recommends the inclusion of a condition of approval requiring an agreement for off-street parking before project construction. If such a condition were required, and if the applicant were unable to secure an appropriate agreement acceptable to the Commission, the applicant would need to seek an amendment to the Use Permit. The applicant has submitted a proposal to the School District for the use of the 15th Street parking lot. Within the proposal, the applicant proposes to redesign the lot at their own expense in exchange for the use of the parking lot. The redesigned parking lot would have an increased supply of approximately 80 spaces (252 existing and 332 proposed). Although a conceptual plan has been prepared, the plan does not have sufficient dimensions to verify that it would meet City standards. The School District is presently considering the proposal, but they will not act upon it until after the City resolves the present application. Draft Conditions of Approval Staff has prepared a comprehensive list of conditions from the various City Departments for consideration. The list also includes the mitigation measures identified in the DER (Exhibit No. 5). St. Andrews Church Expansion November 18, 2004 Page 4 RECOMMENDATION After public discussion of the materials presented, staff recommends that the Commission continue this item to December 9, 2004 with direction to staff for the preparation of additional information, if necessary, and a resolution for action on this project, if appropriate. Prepared by: ( we JarAes W. Camp ell, Seni r Planner Exhibits Submitted by: P ` Patricia L. Temple, PI nning Director 1. Comparison of proposed operating conditions Proposed operating conditions from Cliff Haven and Newport Heights HOAs. 2. Proposed operating conditions from St. Andrew's Church 3. Staff response to CPS letter dated July 17, 2004 4. Draft Conditions of Approval 5. Additional correspondence received Exhibit No. 1 Comparison of Proposed Operating Conditions Table O N T 0 O l6 i7 Q ca U (D E @ Ili �1 Z O S O +N- 2 O >@ O C C Ln N> ao IX 16 E@ N W C 0 7 Q O W C N N N L a j C ',.@-. a C W @ @ C �' a. E� o a> Wcd12 E >L U a 3X �Nt o�5 @ 2'E ) N O@ Q ~O y .- T O ° O a) VM ca O AWE «N12 a a N N p� C o a) L W N. N O W O L9F-L > O -L O @� N 3 m N Ol Q. T y L W C N C °`@ > O C° C °o 3= m Q$ N aci @ m 3 Y C y 0 0 m t N d U �'? r o a L. 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E U w N vi e m 8 E 0 U R h O O L a N 3 a e w u c v 0 ET > w S a d � 0 o tL v w m E m c c E E L .E m NE<E � o R c-- E o W oaMUO0 p sn €c cdc —Ewrf cc pQ i m o1QO160 cc o E E:c Q °L° c ca H C L O •C N m O O_.....-0 W 7 m.ts. U Z M W MM a n c w N m uj N,0 cawpr d m C W G NG m �mamimco 0 CL a n•c n N v U 'O" p O N V N Z' C C O n E m E U co N t 0 O O d 01 f6 ra C Q. E U w N vi Exhibit No. 2 Proposed operating conditions from Cliff Haven and Newport Heights HOAs. November 4, 2004 James Campbell, Senior Planner Planning Department City of Newport Beach Post Office Box 1768 Newport Beach, California 92658 Re: St. Andrews Dear Jim: As you know, the Planning Commission has directed the local homeowner groups to develop proposed operating conditions in concert with St. Andrews Church with respect to the proposed expansion. We have both exchanged proposed conditions and will continue to work towards a resolution of as many conditions as possible. Enclosed is a draft of the Conditions as submitted, by the homeowner's group to the Church. We have underlined those that have been accepted by the Church. There are several others that are close to being accepted, but some items, such as the occupancy counts, may be different. In the interim, however, after discussions with Chairman Tucker, we felt it best to present these to you so that the staff and Commission would have these available to reflect the neighborhood's thoughts on these issues. One of the components that.we have proposed is the establishment of an adhoc committee comprised of three members from the Cliff Haven Association, two members from the Newport Heights Improvement Association, three members from St. Andrews Church and two members from the City. This Committee would function as a sounding board to review neighbor's concerns and complaints to determine whether forwarding any item to the City for action is appropriate. It is hoped it would provide both a monitoring and liaison function. If you have any questions, please feel free to contact us. Very truly yours, Donald Krotee, President Newport Heights Improvement Association Brian Brooks, President Cliff Haven Homeowners Association Enclosure DOCS OG 1076778v 1 / 19999 -00 W Proposed Operating Restrictions as Edited by the Consolidated Homeowners as of November 4, 2004 Introduction Disclaimer.. Currently, the Newport Heights Improvement Association and the Cliff Haven Homeowners Association are strongly opposed to the proposed expansion of St. Andrews Church. Notwithstanding such opposition, these Associations have been requested to propose operating conditions with respect to a proposed expansion so that if, despite such neighborhood opposition, some expansion was approved, there would be more detailed operating conditions than currently exist with respect to St. Andrews' operations. The following are proposed and may need to be adjusted in the event there is a change or modification based on the final project. The submittal of these conditions shall not be deemed in any way to indicate a change in the neighborhood's opposition to the proposed expansion Youth and Family Center Proposed Conditions. A. Gymnasium Use Gymnasium use shall be limited to Church Sponsored Events. Church Sponsored Events are defined as events whose primary focus is an activity for the members of the Church. It does not include youth or adult recreational events which are open to members of the general public, such as basketball or volleyball tournaments or leagues. The right to use the gym shall not be given to groups or entities not directly affiliated with the Church without the approval of the Monitoring Committee, defined below. The facility shall not generate sound which can be heard outside of the facility, nor have permanent bleachers installed. The facility may not be used when either the sanctuary is in use or the assembly space afforded DOCSOC/ t 075194x4/19999 -0000 a1 Proposed Operating Restrictions as Edited by the Consolidated Homeowners as of November 4, 2004 under the reconstruction of the Fellowship Hall (Dierenfield) is being used by more than 25 persons. Maximum use will be limited to not more than 1,500 persons. B. Limited Overnight Use. Overnight use of the Family and Youth Center will only be permitted for Church youth programs no more than six times per year. Such groups shall be limited to supervised groups of children between the ages of 9 and 20. The ratio of supervisors to children shall never exceed 1:6 and any overnight use of the facility shall be declared by notice to all neighbors within 1,000 feet of the Church at least 24 hours prior to any such event. The notice shall include the supervisors names and telephone number at the facility to contact to report noise or conduct issues. Each such event shall not exceed 1 night in duration, and no group will exceed 25 in the aggregate. C. Youth Center Occupancy. The Youth and Family Center will be supervised to discourage youths from loitering or making excessive noise in the at- grade parking lots. Entrance and exit to youth events in the Youth and Family Center shall normally be scheduled using the below grade lobby circulation area. Youth events . will be given priority parking in the lower level of the parking facility. II. General A. No New School. No private school above the grade of Kindergarten shall be operated on -site. The maximum student enrollment for the preschool will be [based on a percentage of growth over and above the current enrollment using the date on which this application is acted upon by the Planning Commission]. DOCSOC/1075194v4/19999 -0000 ) Proposed Operating Restrictions as Edited by the Consolidated Homeowners as of November 4, 2004 B. Hours of Operation. Generally, the Church facility shall be closed with the normal end of operations, with all persons gone from the campus, at 10:00 p.m. on Friday and Saturdays, 7:30 p.m. on Sunday, Monday, Tuesday and Thursday, and 9:00 p.m. on Wednesday. Special Occasions approved by the Monitoring Committee shall be exceptions. All services and programs shall end at least thirty (30) minutes before such closing times to allow time for dispersal. Events during the hours of 5:00 p.m. to such closing time shall be limited to no more than 400 persons (with exceptions as approved by the Monitoring Committee). Generally, the Church may accommodate weddings and memorial services on a week day as long as they are held at least 1 hour following the published first period beginning time and ending no later than 1 -1/2 hours before the end of the last period of the NHHS. [ADDRESS ALSO.AS PART OF MAXIMUM OCCUPANCY] C. Occupancy of The Site. Occupancy limits shall be based on counting all people on the Church campus. Maximum occupancy of.the campus during regularly scheduled Sunday morning or Saturday evening services shall be 1,600. Maximum occupancy of the campus from 8:00 a.m. to 5:00 p.m. Monday through Friday shall not exceed 450, from 6:00 p.m. to 7:30 p.m. Sunday through Tuesday and on Thursday shall not exceed 250, and from 6:00 p.m. to 9:00 p.m. on Wednesday shall not exceed 350, and 6:00 p.m. to 10:00 p.m. on Friday and Saturday shall not exceed 1,000. Attendance at all worship services and programs shall be reported to the City and the Monitoring Committee. Monitoring of occupancy shall be conducted by an independent DOCSOC/1075194A/19999 -0000 a3 Proposed Operating Restrictions as Edited by the Consolidated Homeowners as of November 4, 2004 entity selected by the residents and the City, and paid for by the Church as described below. D. Special Occupancy /Special Events. Special events, other than Worship services held on Saturday or Sunday, that are anticipated to exceed 1200 attendees shall be limited to 12 times per year (excluding Christmas Eve, Thanksgiving and which shall be excepted). Any further exceptions shall be subject to Monitoring Committee approval. These programs shall be treated the same as worship Services for purposes of parking and monitoring requirements. E. Special Occupancy /Session. The Church Session [DEFINE] shall be allowed to meet without restriction but shall use on site parking only. F. Time Between Events. A minimum of 45 minutes shall be maintained between worship services or special events that are expected to have more than 800 participants. G. Lighting /Glare. Lighting on the opposite side of St. Andrews Road and Clay Street from the Church shall not exceed CF [match ambient levels in residential area] during evening operating hours. Lighting shall be reduced at the end of operating hours to security levels. Light standards shall not exceed feet in height. H. Noise. Noise generated by Church activities shall not exceed Citv code db ambient level in residential area, as measured on the opposite side of St. Andrews Road and Clay Street from the Church. DOCSOC/107519404/ 19999 -0000 P Y Proposed Operating Restrictions as Edited by the Consolidated Homeowners as of November 4, 2004 Maximum Floor Area. The maximum floor area to be constructed on the site shall be _ SF. However, Applicant shall have the right, from time to time, to submit an application to the City for changes or modifications to these conditions. J. Traffic Calmina Measures. The Church shall contribute [$ 1 to the implementation of the proposed Traffic Calming Measures. Ill. Parking — On Site A. Buses and Church Vehicles Used For The Transportation of 10 or More People. Coach bus and van pick -up and drop -off shall occur at curbside on 15th Street. Such drop off and pick up shall occur in a curb cut area on 15th street approved by the City traffic engineer and installed by the Church consistent with the Traffic Calming Measures. B. Bus Storage. The storage of Church busses shall be offsite at a location that will not interfere with available on -site or off -site Church parking. No such storage shall result in the bus or other Church vehicles used for the transportation of 10 or more people being in public view on the Campus. C. On Site Parking Lot Use. The on site parking lot shall have a minimum of 250 full size parking spaces. Use of the on site Church parking lot shall be limited to parking, loading and unloading of vehicles and use as a play area for the preschool during the weekday operating hours of the preschool. Use of the parking structure shall be monitored. If the parking structure is not being fully utilized, resulting in parking on DOCSOC/1075194v4/19999 -0000 L *1 J Proposed Operating Restrictions as Edited by the Consolidated Homeowners as of November 4, 2004 the adjacent residential streets, the Monitoring Committee shall review the monitoring reports and propose further action to the Planning Director. D. Clay Street Entrance. The Clay Street entrance /exit to the Church parking lot shall be closed except for emergency vehicle access. The pate provided shall meet fire safety standards, and shall be constructed of a material and of a design to prevent vehicular or pedestrian access, except in an emergency. A screen wall shall be constructed along Clay Street six feet high, made of decorative concrete block with landscaping and permanent irrigation. The design shall be reviewed and approved by the Monitoring Committee (defined below). E. Clay Street Pedestrian Access. Pedestrian openings from Clay Street to the Church campus shall be eliminated. F. Clay Street Parking. Parkina on the residential side of all surrounding streets and others designated by the homeowner's association excepting St. Andrews Road starting at 1400 Haven to 15th Street shall be. restricted to 1 hour on Sunday mornings from 8:00 a.m. to Noon. G. St. Andrews Road Entrance. The St. Andrews Road parking lot entrance/exit shall be a right Wright out only and be closed (except for emergency exittentrance) after 5:00 p.m. H. Parking Management Plan. The Parking Management Plan will be subject to approval by the Monitoring Committee. The plan will involve the following: DOC30C /1 075194vM19999 -0000 E Proposed Operating Restrictions as Edited by the Consolidated Homeowners as of November 4, 2004 i) Regular and ongoing parking education for all groups using the Church facility on where to park, when to park and how to approach the campus. ii). Parking management and staffing by City of Newport Beach police officers, paid by the Church, for worship services and special events attendance at which could be reasonably anticipated to exceed 1,000 persons. iii). Coordination with NHHS on the use of the 15th Street lot for all events reasonably anticipated to exceed 800 persons. Coordination with NHHS for use of the Church lot for student parking or NHHS events which do not conflict with Church parking needs. iv). Shuttle service from any or all designated off -site parking lots, other than the NHHS 15th Street lot that are part of the conditions of approval for this application. v). The 15th Street exit from the Church parking lot shall be used as the preferred exit for events ending after 7:30 p.m. vi). The Traffic Management Plan shall be subject to the review and approval of the Planning Commission. The recommendations shall first be submitted by the Church to the Monitoring Committee for comment. Weekday Parking. Weekday parking in the Church on site parking facility will be assigned to staff and NHHS students (by permit) during business hours. DOCSOC11 07 5 194 011 9999 -0000 D� Proposed Operating Restrictions as Edited by the Consolidated Homeowners as of November 4, 2004 J. Assigned Parking. During worship services or special events with over 800 persons in attendance, use of the lower level or designated parking facility will be assigned to worship service or event participants and youth workers. Church staff shall park in -the NHHS, 15th Street lot for such. events. One or more City of Newport Beach police officer/traffic monitor shall be assigned to direct cars into the parking facility when spaces are available. Parking stickers will be assigned to allow visual identification of vehicles assigned to the lower level Parking facility. Subject to NHHS regulations, one or more monitors will be assigned to the NHHS 15th Street lot to direct Parking and traffic flow. 1V. NHHS Parking. A. The Church shall have entered into a binding, written agreement to use the NHHS parking facilities on 15th Street on an ongoing basis, providing a minimum of U full size parking spaces. The agreement shall specify the number and location of parking spaces and days and times the spaces will be available for Church use prior to any developmentiredevelopment by the Church. B. In the event that the Church should lose the right to use the NHHS 15th Street parking lot, they shall be required to come back to the City for an amendment to this use permit to provide adequate off - street parking, or modify Church activities to reduce overall parking demand. Such an amendment will first seek recommendations from the Monitoring Committee. V. Enforcement: DOCSOC/1075194v4/19999 -0000 ' a� Proposed Operating Restrictions as Edited by the Consolidated Homeowners as of November 4, 2004 A. Third Party. Monitoring of Church traffic and parking shall be conducted quarterly, by a registered traffic engineer, retained by the City and paid for through a deposit account funded by the Church. The traffic engineer's monitoring visits, which at a minimum shall include traffic and parking counts, shall be unannounced and shall occur during both Saturday and Sunday services. Within 15 days after the counts, the Traffic Engineer shall submit a written report of the study findings to the City Public Works Director, the Monitoring Committee and City planning and traffic engineering staff. The group will meet quarterly to assess the findings and if necessary, request additional monitoring and traffic mitigation to ensure that the Church complies with the attendance projections agreed to as part of the CUP. If the Church fails to comply with these requests, in addition to the option of sanctions through the Monitoring Committee, the group will submit a recommendation to the City Council requesting that the City initiate revocation proceedings for the CUP. B. Monitoring and Changes. Monitoring for items, including but not limited to traffic, noise, occupancy and parking shall be by an adhoc committee known as the Monitoring Committee who shall meet quarterly. Where the committee requires the attendance or the input of any professional deemed necessary or incurs any cost, the appropriate professional shall be retained by, or the expense paid by the City, through a deposit account funded by the Applicant. The Committee shall be comprised of three (3) Cliff Haven and two (2) Newport Heights residents appointed by their respective homeowner associations, three (3) members of the Church building committee or session, and one (1) or more City planning staff (but no more than one voting member) DOCS00 1075194x4/ 19999 -0000 a°� Proposed Operating Restrictions as Edited by the Consolidated Homeowners as of November 4, 2004 and one (1) or more traffic engineering staff (but no more than one voting member). The group shall meet quarterly to assess any matter pertaining to monitoring of these conditions. The group may suggest new conditions or modifications to these conditions. Suggestions pertaining to monitoring or, any conditions shall be forwarded to the Planning Director and be heard and acted upon in the same manner as Sanctions. C. Enforcement. Sanctions shall be recommended by a vote of at least five (5) members of the Monitoring Committee and shall be in a form of further limitations on use and shall be sent to the Planning Director for prompt action. Any such matter that is approved by a majority vote of the Monitoring Committee shall be acted upon by the Planning Director. Any such action may be reviewed by the Planning Commission and /or City Council in a public session. DOCSOC/1075194v4/ 19999 -0000 3V Exhibit No. 3 Proposed operating conditions from St. Andrew's Church 31 ST. ANDREW'S PRESBYTERIAN CHURCH Planning Documentation by: BETTENCOURT & ASSOCIATES 110 Newport Center Drive, Suite 150 Newport Beach, California 92660 -6907 (949) 720 -0970 /FAX (949) 721 -9921 Philip@hettencouM]ans.com com November 4, 2004 Mr. Jim Campbell Senior Planner City of Newport Beach P.O. Box 3300 Newport Blvd. Newport Beach, CA 92658 (949) 644 -3210 icampbell ,city newport- beach.ca.us Subject: St Andrew's Presbyterian Church. Operating Conditions. Dear Jim: On behalf of St. Andrew's Presbyterian Church, attached please find a candidate list of possible Conditional Use Permit (CUP) operating conditions that . addresses issues raised during environmental evaluation, resident testimony and correspondence, and our consultation with stakeholder neighbors. As you will recall, the commission chair during earlier public hearings instructed St. Andrew's and neighborhood stakeholders to meet and.confer on potential operating limitations. Such consultation had taken place prior to filing the application on December 24, 2002, and after the application was filed. Nevertheless, St. Andrew's initiated a new round of talks with representatives of the Cliff Haven and from the Newport Heights Community Associations. We have also worked with your city staff and offered suggestions as long ago as June 09, 2004, that led, to staff publication of a first list of possible operating conditions. Since then, we have met consulted almost weekly with neighborhood representatives to exchange views and work papers on possible operating limitations. At this writing, there is not a written agreement among stakeholders, but the commission chair has instructed us, nevertheless, to present our individual concepts to city staff no later than today in order that the staff could evaluate our ideas in advance of the November 18 continued public hearing. F: \USERS\PLN\Shared\PA's\PAs - 2002\ PA2002 -265\ ronditionsSSt. Andrews Campbell Conditions Tmnsmillal 11- 04- 04.doe Mr. Jim Campbell November 4, 2004 Page 2 of 2 The transmittal of this list of possibilities does not mean that meetings are not continuing. We will, in fact, continue to be available to stakeholders and to work on this list, as well as any other good ideas, to help achieve neighborhood compatibility. Very truly. yours,... [Original Signed by Mr. Bettencourt] Philip F. Bettencourt Consultant to St. Andrew's PFB: hn Attachments Cc: Brian Brooks Robin Clausen Jake Easton III Don Krotee Gary McKitterick Herb Smith Bruce Stuart Patricia Temple Ken Williams F: IUSERSI PLMShamd\ PA' s\P As- 20021PA2002.265\conditions\St Andrew' CampbelrCOnditions Trmisn -A" 11-04A .doc z St. Andrew's Presbyterian Church Candidate List of Operating Conditions November 4. 2004 Hours of operation. Generally, hours of operation for programmatic activities will be between the hours of 7AM to 10PM, Sunday through Thursday, and 7AM to 11 PM Friday and Saturday. With a few exceptions for holiday programs and special events, program events of more than 400 persons will not start later than 8PM and will be scheduled to end at least 30 minutes prior to the normal end of operation hours. Administrative meetings, prayer groups and custodial activities may occasionally occur before or after these hours and shall be limited to not more than 40 persons. Occupancy of the site. Overall concurrent site occupancy (including children) will not exceed the following: a. Sunday: 1,900 b. Wednesday: 1,300 c. All other days: 1,200 3. Gymnasium use. Shall be limited to church sponsored events with the following exceptions: the Newport Mesa Unified School District or the City of Newport Beach may use the facility on a limited basis for assembly or athletic use. Maximum outside use will be limited to not more than 300 persons as assembly use or 150 persons with athletic use. Concurrent use of the gymnasium as a venue for adult worship services will be subject to the overall site occupancy limitations. The activities within the facility shall not generate sound that exceeds city noise ordinances, nor have permanent bleachers installed. 4. No New School. No private school from first grade and above shall be operated on -site without an amendment to the Conditional Use Permit. The maximum concurrent occupancy of the preschool and kindergarten will be 240 children. 35 St. Andrew's Presbyterian Church Sponsored Candidate List of Operating Conditions November 4, 2004 Page 2 of 6 5. Buses. Coach bus pick -up and drop -off shall occur at curbside either on 15th Street or St. Andrews Road at the church perimeter of the church property. School bus pick -up and drop -off shall occur within the parking lot at one of the designated drop off points. 6. Parking Lot Use. Use of the parking lot for other than parking and unloading for events shall be limited to preschool through 6th grade use as a play area. Event use of the at -grade parking lot will be permitted up to six (6) times per year. No amplified sound will be allowed at events held in the parking lot. Uses and attendance will be reported to the City. The on site parking lot shall have a minimum of 250 full size parking spaces. Use of the parking structure shall be monitored. 7. Limited Overnight Use. Limited overnight use of the Youth and Family Center will be permitted for church youth programs. When requested in writing by a resident, the church will notify residents within 100 feet of the property line 24 hours in advance of such overnight events. The notice shall include the supervisor's name and the phone number where the supervisor can be reached during the event to report noise or conduct issues. (It is anticipated that each event shall not exceed one (1) night in duration, and no group will exceed 300 in the aggregate.) 8. Youth events. Youth events will be supervised to discourage youth from loitering or making excessive noise in the at -grade parking lots. Entrance and exit to youth events in the Youth and Family Center shall normally be scheduled using the below grade lobby circulation area. Youth events will be given priority parking in the lower level of the parking facility. 9. Parking management plan. A parking management plan will be provided prior to certification of the final EIR. The plan will involve the following: a. Parking Education for all groups using the site on where to park, when to park and how to approach the campus. F:IUSEASIPLMharedTMs1PAs - 2002\PA2002- 265cunditionsNSt. Andrew's Spowered Candidate List of Operating Conditions.doc W St. Andrew's Presbyterian Church Sponsored Candidate List of Operating Conditions November 4, 2004 Page 3 of 6 b. Parking management and staffing for worship services and special events expecting more than 800 persons. c. Coordination with Newport Harbor High School (NHHS) on the use of the NHHS 15th street parking lot for all events expecting over 1,200 persons. Coordination with NHHS for use of the church lot for student parking or NHHS events. d. Shuttle service from any or all designated off -site parking lots, other than the NHHS 15th Street lot, that are part of the conditions of approval for this application. e. Consideration will be given to using the 15th Street driveway as the preferred entrance /exit for events ending after 7:30 PM. f. Consideration will be given to making the 15th Street exit a left turn only exit. 10. Weekday Parking. Weekday parking during business hours in the lower level parking facility will be assigned to staff and NHHS students (by permit). 11. Time between Events. A minimum of 35 minutes shall be maintained between worship services or special events that are expected to have more than 800 participants. 12.Assigned Parking. During worship services or special events with over 800 persons, lower level parking facility privileges will be assigned to worship service or event participants and youth workers. One or more traffic monitors shall be assigned to direct cars into the facility when spaces are available. Parking stickers will be assigned to allow visual identification of vehicles assigned to the lower level parking facility. Subject to NHHS regulations, one or more monitors will be assigned to the NHHS 15th Street lot to direct parking and traffic flow. 13. Monitoring. St. Andrews shall monitor attendance under the conditions established and semi- annually report required attendance and event figures to the Planning Department. F:%USERSIPLN\ Shared\ PN sTAs - 2002TA2002 -265\ o ditions\.St. Andrew's Sponsored Candidate list of Operating Conditions.doc I St. Andrew's Presbyterian Church Sponsored Candidate List of Operating Conditions November 4, 2004 Page 4 of 6 14. NHHS Parking. In the event that St. Andrew's should lose the opportunity to park in the NHHS parking lot, St. Andrew's shall be required to return to the City for an amendment to this CUP and to -provide adequate off- street parking. 15. Lighting /Glare. Lighting on the opposite side of St. Andrews Road and Clay Street from the St. Andrews campus shall not exceed City lighting standards during evening operating hours. Lighting shall be reduced at the end of operating hours to City permissible security levels. Light standards shall not exceed City codes in height. Efforts will be made to shield the light so as not to shine directly into existing residence windows. 16. Noise. Noise generated by St. Andrevds activities shall not exceed city code db ambient levels for residential areas, as measured on the residential side of St. Andrews Road and Clay Street. Monitoring technology shall be considered for on -going monitoring of noise levels. 17. Bus Storage. The storage of St. Andrew's busses shall be offsite at a location that will not interfere with available on -site or off -site St. Andrew's parking. No such storage shall result in the bus or other St. Andrew's vehicles used for the transportation of ten (10) or more people being in public view on the campus. 18. Clay Street Entrance. The Clay Street entrance/exit to the St. Andrew's parking lot shall be closed except for emergency vehicle access. The gate provided shall meet fire safety standards, and shall be constructed of a material and of a design to prevent vehicular or pedestrian access, except in an emergency. A screen wall shall be constructed along Clay Street six feet high, made of decorative concrete block with landscaping and permanent irrigation. The design is to be approved by the City and St. Andrew's with input from the Neighborhood Communications Group (NCG). F: NUSFRS�PU4\Shared)PA's\PAs - 20MTA2002- 2651condi !on0t. Andrew`s Sponsored Candidate List of Operating Conditions.doc . St. Andrew's Presbyterian Church Sponsored Candidate List of Operating Conditions November 4, 2004 Page 5 of 6 19. Clay Street Pedestrian Access. Pedestrian openings from Clay Street to the Church campus shall be eliminated. (Subject to emergency exits required by the City). 20. Clay Street Parking. Parking on the residential side of all surrounding streets and others as requested by the homeowner associations excepting St. Andrew's Road starting at 1400 Haven to 15th Street. (Church -owned apartments & Masonic Lodge) shall be restricted to one (1) hour on Sunday mornings from 8AM to Noon. Qualification of Conditions as of November 4. 2004 These candidate conditions are predicated upon an agreement to the 21,741 square foot building proposal and the 400 space on -site parking facility. Modification of either of these two items will necessitate further review by St. Andrew's. Neighborhood Communications Group Purpose: The purpose of the Cliff Haven - Newport Heights - St. Andrew's Neighborhood Communications Group (NCG) is to strive towards keeping open communication between all parties concerning the on -going operations of St. Andrew's and it's compliance with the St. Andrew's Conditional Use Permit. Items of consideration shall include, but not be limited to, traffic, noise, occupancy and parking. This NCG will be a meet and confer group only with no enforcement obligations. Goals: To provide a regular dialogue between St. Andrew's and the neighborhood concerning matters of CUP compliance. To provide a forum for St. Andrew's to communicate major on- going significant program changes to the neighborhood. FAUSERS\PLN\Shwed\PA's\PAs - 2002\PA2002- 265k0nditions\SL Andrew's Sponsored Candidate List of Operating Condidons.doc 59 St. Andrew's Presbyterian Church Sponsored Candidate List of Operating Conditions November 4, 2004 Page 6 of 6 To provide a forum for the neighborhoods to communicate issues of concern to St. Andrew's in a timely and specific manner. To provide a means of discussing matters of concern to all parties in the spirit of friendly cooperation. Operation: Conduct at least quarterly meetings. St. Andrew's will assist the NCG by preparing an agenda and distributing it at least seventy -two (72) hours before the scheduled NCG meeting. Composition: The NCG shall consist of at least four (4) persons, or their delegates, as follows: President, Cliff Haven Homeowners Association; President, Newport Heights Homeowners Association; COO /Business Administrator, St. Andrew's and one other member of Session. Representatives from the City of Newport Beach staff may be invited to attend. Future Consideration: Because of St. Andrew's on -going use of the NHHS parking lot, the NCG may be expanded to include an ad hoc representative from the NHHS. (Such an addition would allow for a more global understanding of activities affecting the neighborhood.) FAUSERS\PLN\Sb=d\PA's1PAs - 2002NPA2002- 2655cunditions\St Andrew's Sponsored Cmdidate List of operating Con(fl6ons.doc 4� Exhibit No. 3 Comparison of Proposed Operating Conditions Table qI Exhibit No. 4 Staff response to CPS letter dated July 17, 2004 4) Comprebensive Planning Services July 16, 2004 James Campbell, Senior Planner City of Newport Beach Planning Department P. O. Box 1768 Newport Beach, CA 92658 -8915 Fax number: (949) 644 -3229 e -mail: iampbell@city.newport-beach.ca.us RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH JUL 2 2 2004 AM PM 71819110 1111211 1213141516 Re: St. Andrews Presbyterian Church Proposed Expansion FINAL EIR, SCH: 2003081065 Dearjim: We appreciate the City's response to our comment letter, dated April 26, 2004, regarding the Draft EIR for the church expansion. Although some of the responses correct incomplete or incorrect data previously presented in the Draft EIR, other responses do not adequately address our comments, and require further consideration and response and recirculation of the EIR before forwarding the EIR and the project to Planning Commission and City Council for approval. The comments requiring additional response are summarized below: Construction Impacts: Our comment letter of April 26 points out that the EIR analysis regarding the rate of demolition and material export contains serious errors. Your response indicates that the information was provided by the applicant and simply included in the EIR. It is disconcerting that the City's environmental consultant does not review technical information provided by the applicant to ascertain whether that information is correct or indeed even realistic. This lack of thorough review and analysis is apparent in a number of areas of the EIR, which we identified in our previous correspondence and reiterate herein. Should our analysis be correct and the number of excavation days required for the expansion be I 1 months, versus the 1.5 days assumed in the EIR, the project would continue to have unavoidable significant adverse impacts relative to air quality. According to the California Air Resources Board approved URBEMIS 2002 air quality model, project construction would continue to exceed SCAQMD thresholds for reactive organic gases. Further, unavoidable significant adverse affects on sensitive receptors (i.e., adjacent students and residents) would occur as the prolonged construction creates heavy emissions of dust and pollutants. The EIR must revise the air quality analysis and include all calculations within the EIR document. Similarly, the EIR must revise the traffic and noise analyses to account for the impacts of the extended construction period on the neighborhood and schools. Traffic Volumes: Our comment letter of April 26 points out that with the proposed church expansion, traffic at the intersection of 15th and Irvine will worsen to LOS E during the p.m, peak and LOS F during the a.m. 45 PO Box 15592 Newport Beach,Califorrua 92659 Voice: 949/650 -3206 Facsimile: 949/548 -6981 e -mail: Joann @jalcps.com St. Andrews Presbyterian Church Expansion July 16, 2004 Page 2 of 3 peak Your response indicates that this is not a concern because this is a brief and non -peak hour occurrence. Please be reminded that CEQA defines a significant impact relative to vehicular traffic as: An increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e, result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) Clearly, the increase in traffic at the intersection of 15th and Irvine which causes the volume of the roadway to exceed capacity is a significant adverse impact pursuant to CEQA. Traffic Counts: Our comment letter of April 26 points out that the Church's primary access point is on Clay Street, but the Draft EIR fails to study traffic impacts on Clay Street. Your response states that the traffic counts were conducted only on primary intersections as defined by the City's Traffic Phasing Ordinance (TPO), and on two additional non - primary intersections not identified by the TPO. Your response makes no mention of Clay and Irvine or Clay and St Andrews. But based on the apparent subjective determination of which intersections to include in the analysis, we again request that the EIR traffic study be revised to include impacts on Clay Street. Best Efforts to Predict Impacts: Our comment letter of April 26 points out that pursuant to Section 15144 of the CEQA Guidelines, the lead agency must use its best efforts to find out and disclose all that it reasonably can about a project Your response states that Mitigation 4.2. 10 which is intended to place an operational cap of 1,387 persons addresses this issue. Unfortunately, that mitigation measure does not work. The church currently operates concurrent Sunday events, filling not only its 1,387 person sanctuary, but also Dierenfield Hall, the chapel, the choir rooms and three stories of Sunday school and day care facilities. It's not realistic to expect that the church proposes to undertake its large expansion and will end up providing less services than it does now. Also the suggested mitigation would be impossible to enforce. Does the City propose to have a head- counter at each church activity? The Draft EIR needs to be revised to account for the concurrent use of all existing and proposed facilities. General Plan Compliance: Our comment letter of April 26 points out that existing General Plan policies require sufficient diversity to allow schools, employment, recreation areas, public facilities, churches and neighborhood shopping centers in close proximity to each resident; and requires that floor area limits provide for moderate redevelopment and for preservation of property values. Your response states that project intensity should not be considered when considering the balance of land uses. Intensity is the issue at hand. The proposed expansion, by proposing to expand 35% and creating a facility more dense than South Coast Plaza, is not "modest" growth. The project will violate these General Plan policies; and could debase the value of the single family homes surrounding the church. Regional Facility Our comment letter of April 26 points out that the proposed expansion would create a regionally sized facility. Your response suggests that there is no requirement to analyze the church as a regional facility. The majority of the church's patrons come from outside the neighborhood and many from outside the Newport Beach -Costa Mesa community. The church as proposed would be one of the largest religious facilities in the state. Certainly, the project would create a regionally sized facility. Appropriate alternative sites would be those served by arterial and collector streets. The Draft EIR needs to be revised to adequately examine such alternative sites. Ll6 St. Andrews Presbyterian Church Expansion July 16, 2004 Page 3 of 3 Unavoidable Adverse Impacts: Our comment letter of April 26 points out that mitigation measures MM 4.3 -1 and 4.3 -2 do not work. As explained above, if the amount of haul truck miles traveled per day is reduced, the excavation period would likely extend from 1.5 days to I I months, and the project would continue to have unavoidable significant adverse impacts relative to air quality. Project construction would continue to exceed SCAQMD thresholds for reactive organic gases, and unavoidable significant adverse affects on sensitive receptors (i.e., adjacent students and residents) would occur as the prolonged construction creates heavy emissions of dust and pollutants. In addition, short -term traffic and noise impacts would likely occur. Pursuant to CEQA, whether or not impacts are short -term is irrelevant to determining significance. Our comment letter of April 26 also points out that the Draft EIR fails to adequately disclose the process that the City must follow should it chose to approve the church expansion regardless of the unavoidable adverse impacts. Your response that such disclosure is not required is incorrect. The EIR is first and foremost an informational document. An adequate EIR should be oriented toward providing decision - makers, their staffs, other involved public agencies, interested organizations, and the general public with an objective and impartial assessment of the potential significant environmental impacts that could result from implementation of the Project. The very stringent requirements established by Sections 15091 and 15093 of the CEQA Guidelines relative to required Findings of Fact and Statement of Overriding Considerations are intended to forestall facile approval of environmentally damaging projects. When considering a project that will have unavoidable significant adverse impacts to the community such as the proposed church expansion, the full weight of these required findings must be 0194 disclosed to the general public as well as the decision - makers. We urge the City to revise the EIR as outlined above and to recirculate the EIR for further consideration and response. Thank you for your consideration. Yours truly, Joann Lombardo 0 Response to Follow -up Comments Comprehensive Planning Services (July 16, 2004) 5t. Andrew's Presbyterian Church Response to Comment No. 1 As indicated in this comment, the basis for calculating air quality impacts during the construction period is the information provided by the project applicant. The information was reviewed by the air quality consultant to confirm that it represents a "reasonable" estimate of the effort necessary to implement the proposed project. This comment incorrectly suggests that the analysis presented in the Draft EIR assumed a 1.5 -day excavation period for excavation of the 50,000 cubic yards of earth material. It appears that the commentator is confusing the demolition phase with the grading and excavation phase. As indicated in the Air Quality Assessment (refer to page 8 in Appendix B), a total of approximately 3,000 cubic yards of demolition debris would be generated and hauled off -site. Assuming 100 trips per day, the demolition debris could be removed in less than two days, as indicated in that analysis. The analysis associated with excavation of 50,000 cubic yards of earth material for the subterranean parking garage is discussed on page 9 of the Air Quality Assessment. Grading and excavation of the site would occur relatively quickly. As indicated in that discussion, removal of the 50,000 cubic yards of earth material from the site would take 36 days. This is based on a rate of 100 trucks per day and a 14 cubic yard capacity for each truck (i.e., °double" rigs). The 11 -month excavation excavation /dirt removal period suggested in this comment is unusually long. Dirt would be hauled from the site at the rate of only 240 cubic yards per day (i.e., 17 "double" trucks per day). Although a trip length of 20 miles was assumed to provide a "worst case" analysis, it is likely that a closer fill site will be available to accept the dirt exported from the subject property. If so, the air quality impacts associated with the project would be reduced in proportion to the reduction in the number of miles traveled to the fill site. Nonetheless, as indicated in the Draft EIR, a mitigation measure (refer to MM 4.3 -1) has been included that limits the total daily vehicle miles traveled to 2,005 in order to ensure that air quality impacts remain less than significant. The Air Quality Assessment correctly and adequately evaluated air quality impacts based on reasonable grading and construction parameters provided by the project applicant. It is, therefore, unnecessary to recalculate the construction phase air emissions. Similarly, the noise and traffic impacts presented in the Draft EIR are also based on reasonable and appropriate parameters and no additional analysis is required. St. Andrevds Presbyterian Church Comprehensive Planning Services - Response to Comments (July 16, 2004) November it, 2004 1 D Response to Comment No. 2 Because unsignalized intersections cannot be evaluated using the Intersection Capacity Utilization (ICU) method of analysis, which is the basis of the traffic analysis presented in the Draft EIR, the Irvine Avenue /15th Street intersection was evaluated utilizing the Highway Capacity Manual (HCM) methodology. As indicated in the analysis (refer to Table 4.2 -7 in the Draft EIR), that intersection currently operates at an acceptable level of service during both the a.m. and p.m. peak hours and is also forecast to operate at LOS D or better in the future (i.e., with project - related traffic and other traffic forecast for the area). A "focused" analysis was also conducted for both the morning and afternoon peak periods during the "worst' 15- minute period for informational purposes only. However, it is important to understand that the analysis for that 15- minute period is not a criterion utilized by the City for determining potentially significant impacts. Although operating conditions at that intersection will be undesirable (i.e., LOS E and F) for the focused 15- minute period, when the remainder of the peak hour traffic was incorporated into the analysis, both the a.m. and p.m. peak hour levels of service are acceptable. This conclusion is consistent with the significance criteria utilized by the City of Newport Beach and reflected in the Draft EIR in Section 4.2.2 as well as the criterion referenced in this comment. Response to Comment No. 3 Traffic Counts: Clay Street Response to Comment No. 4 As indicated in this comment, concurrent use of the church facilities is limited to 1,387 persons (with the exception of special or unusual events). As required by Section 21081.6 of CEQA, a Mitigation Monitoring and Reporting Program (MMRP) will be adopted if the project is approved and must be implemented to ensure that all of the mitigation measures prescribed in this document are implemented. To that end, the MMRP identifies the timing of implementation of the mitigation measure (i.e., during church services /related activities), the manner in which monitoring will occur (i.e., on- site monitoring), and the responsible department (i.e., Planning Department). Therefore, the Church will be required to monitor and maintain records of concurrent attendance. The records will be submitted to the Newport Beach Planning Department to ensure that the maximum concurrent capacity is not exceeded. Response to Comment No. 5 This comment (and the prior CPS comment on the Draft EIR) suggests that the development intensity of the site exceeds that of South Coast Plaza; however, such a comparison is not appropriate given the significant difference in the use of the respective properties. While it is true that an increase in floor area is proposed, the use St. Andrew's Presbyterian Church Comprehensive Planning Services - Response to Comments (July 16, 2004) November 11, 2004 2 1 of the site will not significantly change. The increase in floor area, much of which is associated with the gymnasium, is intended to better facilitate existing programs offered by the church. The DEIR acknowledges that the proposed construction can accommodate a wider range of activities due to the design of the buildings, which will likely lead to increased use and activity at the site over time. Response to Comment No. 6 While the church's capacity of 1,3V seats may exceed the capacity of many religious institutions and may draw "regionally" as suggested in this comment, it is not one of the largest religious facilities in the State and is not considered to be a regional church. Section 10 (Project Alternatives) of the' Draft EIR provides an extensive discussion related to alternatives that were considered, including the "regionally -sized church," an alternative that was rejected from further consideration. Most important in this consideration is the fact that the church capacity is not proposed to be increased to the size of a "regional" facility, which is typically larger than the existing capacity of St. Andrew's Presbyterian Church and the fact that an increase in sanctuary seating capacity was not proposed. The proposed project includes only the demolition and replacement of existing facilities, with an increase in floor area related to the replacement of those structures that does not directly relate to the capacity of the church itself. As a result, growth to a regional church is not an objective of the proposed project and, therefore, would not necessitate evaluating a regional church, either at the subject site or at an alternative location. Further, as indicated in that analysis (refer to Section 10.3), it is not anticipated that the regionally -sized church alternative would reduce potential impacts; in some cases, such an alternative could result in more significant impacts (e.g., air quality, traffic, etc.) although at a different location. These reasons as well as others cited in Section 10.3 are the basis of eliminating the "regional" church from further consideration. Other alternatives, including an alternative site, were also evaluated. Section 15126.6 of the State CEQA Guidelines requires an EIR to include an. analysis of a reasonable range of alternatives, including alternative locations, which could feasibly achieve most of the project objectives and also reduce potentially significant impacts. It is important to note, however, that the key consideration in evaluating alternative sites is the ability of the alternative location to avoid or substantially lessen potential impacts. In addition, where an alternative was considered (during the scoping process) but rejected because of its infeasibility, such information must also be disclosed in the Draft EIR. While an alternative location was evaluated, that analysis evaluated only the relocation of the Youth and Family Center /Gymnasium proposed by the church because no increase in the church capacity was proposed and such growth is not an objective of the church and relocation of the church is not proposed. Therefore, only the "new" facility proposed by the church to replace one of the existing structures was evaluated in the analysis of an alternative site (refer to Section 10.4.5). As indicated in that analysis, no undeveloped sites existing within the vicinity of the existing church site that could SL Andrew's Presbyterian Church Comprehensive Planning Servkes • Response to Comments (Jury 16, 2004) November 11, 2004 3 accommodate the relocation of the Family and Youth Center /Gymnasium. Further implementation of such an alternative would also necessitate a long -term lease or acquisition by the church, which could affect its feasibility. Lastly, the proposed Youth and Family Center is designed to accommodate youth activities intended primarily to serve youth in the area that likely attend nearby schools. Locating it at an off -site location may affect the feasibility and desirability of the proposed project. Response to Comment No. 7 Refer to Response to Comment No. 2. As indicated in that response the potential air quality, noise and traffic impacts resulting from demolition, excavation and export, construction, and operations have been correctly and adequately evaluated in the Draft EIR. However, it is important to note that if each of these phases is protracted, the daily emissions would be reduced in proportion to the daily activities. For example, if the hauling of dirt from the site occurred in 11 months as suggested in this comment compared to the 36 days evaluated in the Draft EIR, the daily emissions would be significantly reduced because the number of haul trucks would be reduced from 100 per day to less than 20 trucks per day. As a result, daily air emissions could be reduced by 80 percent. Similarly, the effects on such activities on both noise and traffic would also be reduced with the decrease in truck traffic. This comment incorrectly suggests that daily short-term emissions would be significant, exceeding SCAQMD thresholds for reactive organic gases, etc. The most significant "impact" associated with a protracted excavation and construction schedule is the nuisance that would occur on a daily basis for the 11 -month period identified in this comment. Response to Comment No. 8 Section 2.1.3 (refer to page 2 -1) and Section 2.1.10 (refer to page 2 -7) in the Draft EIR summarize the use of the EIR (i.e., inform decision - makers, public, etc.) and the responsibility of the City of Newport Beach (i.e., certification) when considering the information presented in the Draft EIR. As indicated in those discussions, the Newport Beach City Council must consider the adequacy of the information prior to its certification. In addition, implicit is the requirement that the City Council must adopt Findings pursuant to Section 15091 of the State CEQA Guidelines and, if necessary, a Statement of Overriding Considerations pursuant to Section 15093 only when there is a significant, unavoidable adverse occurs as a result of project implementation. In that case, the adoption of the Findings and a Statement of Overriding Considerations would need to occur prior to project approval. In addition to these documents, the City must also approve /adopt the MMRP as previously identified and described (refer to response to Comment No. 5). However, while these documents will be included in the public record for the project, there is no requirement to include them in the Draft EIR, as indicated in the prior response. St. Andrew's Presbyterian Church comprehensive Planning Services - Response to Comments (Jury 16, 2004) November 11, 2004 4 sl Draft Conditions of Approval Use Permit No. 2002 -056 Planning Department The development shall be in substantial conformance with the plans submitted on October 21, 2004 except as modified by other conditions. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Project approvals 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. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. 4. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 5. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. The applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect or licensed architect for on -site and adjacent off -site planting areas. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Director prior to the issuance of a building permit. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 7. All landscape materials and landscaped areas shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 8. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 9. The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. PA2002- 26510onditions.of Approval.doc Page 1 11/11/2004 5q _Draft Conditions of Approval Use Permit No. 2002 -056 10.Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. All exterior lighting fixtures shall have zero cut -off fixtures and light standards for the parking lot shall not exceed 20 feet in height. Light standards for exterior walkways shall not exceed 10 feet in height. Other exterior light sources shall be no higher than 4 feet. 11.The applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. The building and grounds shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, based on the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 12. No building shall be used for assembly purposes while the main sanctuary is being used for assembly purposes. 13.AII noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Planning Department - Mitigation Measures 14. Development shall be compatible with the .character of the neighborhood and surrounding sites and shall not be detrimental to the orderly and harmonious development of the surroundings and of the City. 15. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and other site features shall give proper consideration to functional aspects of site development. 16. The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and /or screened to minimize potential unsightly conditions. 17.A six -foot high screen fence shall be placed around the parking lot at the property line during construction. 18. Construction equipment and materials shall be properly stored on the site when not in use. 19.Adherence to SCAQMD Rule 403, which requires that, ". every reasonable precaution (is taken) to minimize fugitive dust emissions ..." from grading operations to control particulate emissions, shall be implemented during the grading and construction phase. PA2002- 2651Conditions of Approval.doc Page 2 11/11/2004 1/ 5b Draft Conditions of Approval Use Permit No. 2002 -056 20.Adherence.to SCAQMD Rules 431:1 -and 431.2, which require the use of low sulfurfuel for stationary construction equipment. 21. The project shall comply with Title 24 energy - efficient design regulations as well as the provision of window glazing, wall insulation, and efficient ventilation methods in accordance with Uniform Building Code requirements. 22: During demolition and excavation, daily total haul trucks shall travel no more than a cumulative 2005 miles per day hauling materials from the site to and from the dumping site. 23. Prior to commencement of demolition and grading the project applicant shall submit to the city calculations showing the proposed travel route for haul trucks, the distance traveled, and how many daily truck trips that can be accommodated while keeping the cumulative miles traveled to below 2005 miles each day. The daily haul truck trips shall not exceed 2005 miles during demolition and excavation activities. 24. The applicant shall submit written evidence to the satisfaction of the Director of Planning that a certified paleontologist and archaeologist have been retained to observe grading activities and salvage and catalogue fossils and artifacts as necessary. The paleontologist and archaeologist shall be present at the pre -grade conference, shall establish procedures for paleontological and archaeological resource surveillance and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit sampling, identification and evaluation of the findings. If archaeological and /or paleontological resources are discovered, which require long -term halting or redirecting of grading, the archaeologist/paleontologist shall report such findings to the applicant and City. The archaeologist/paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and /or salvage. Excavated finds shall be offered to the City, or its designee, on a first - refusal basis. The applicant may retain said finds if written assurance is provided that they will be. property preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and /or display them at the time, in which case items shall be donated to the City, or designee. 25.The proposed project shall be designed and constructed in accordance with the 1997 "Greenbook" and 2001 California Building Code. 26.A site - specific foundation subsurface investigation for planned structures shall be prepared by the City prior to issuance of the grading permit to verify subsidence and liquefaction potential. The foundation subsurface investigation shall identify speck measures to ensure that proposed structures withstand the potential secondary seismic effects. 27. All construction shall conform to the 1997 edition of the Standard Specifications for Public Works Construction except as specifically amended by the Contract Documents. All work shall be done in accordance with: (1) the Special Provisions; (2) the Plans for PA2002- 26MConditions of Approval.doc Page 3 11/11/2004 5� Draft Conditions of Approval Use Permit No. 2002 -056 this project; (3) the latest 1997 American Public Works Association Standard Plans as amended; (4) the Orange County Standard Drawings; and (5) the most current locally adopted version of the California Building Code. 28. The removal of ACM shall be performed in accordance with methods specked in 8 CCR 1529, SCAQMD Rule 1403. 29. Friable ACM (e.g., pipe insulation material, spray - applied ceiling texture material, etc.) removal shall be conducted in strict accordance with Class I asbestos work requirements set for in Cal -OSHA regulations. 30. Non- friable ACM (e.g., floor tile and mastic, window putty, roofing materials, joint compound, linoleum, etc.) removal shall be conducted in strict accordance with Class II asbestos work requirements as set forth in Cal -OSHA regulations. 31. Any demolition refuse that contains contaminated materials (e.g., asbestos - containing materials) shall be transported in an appropriate manner to a landfill that is certified to receive such waste. 32.A Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NO[) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant shall provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan shall detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 33.A list of "good house - keeping" practices shall be incorporated into the long -term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures).. The Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In addition, the WQMP must also identify the entity responsible for the long -term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. 34. All development proposed for St. Andrew's Presbyterian Church shall be reviewed for consistency with applicable provisions of the Building Code, Noise Ordinance and other applicable codes and ordinances prior to issuance of building permits. 35. The applicant shall post signs along 15th Street and cross streets in the vicinity of the property that provide adequate warning to motorists, construction workers and heavy truck drivers, and bicyclists warning each of the potential increased hazards. Upon completion of the construction, the signs shall be removed. PA2002- 2651Conditions of Approval.doc Page 4 11111/2004 5� Draft Conditions of Approval Use Permit No. 2002 -056 36. The. applicant shall submit a Construction. Traffic Control Plan (including a bike lane detour plan if determined necessary by the Citys Traffic Engineer), which shall be prepared by a registered traffic engineer. The Construction Traffic Control Plan shall also identify the need for flagmen to direct traffic, if determined necessary. This plan shall be approved by the City's Traffic Engineer prior to issuance of the demolition permit. 37. Construction activities shall comply with -Section 10.28.040 of-the Newport Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and, 6:00 p.m. on Saturday. Noise =generating construction activities are not allowed on Sundays or Holidays. 38.A noise study shall be prepared and submitted to the City for review prior to issuance of building permits. This noise study shall estimate noise levels generated by the proposed mechanical equipment at the worst -case residence. Compliance with the Noise Ordinance limits shall be demonstrated, including the provision of any measures determined necessary to meet the limits specked. The mechanical equipment shall not generate an A- weighted average (Leq) noise level of greater than 55 dBA during the daytime (7:00 a.m. to 10:00 p.m.) and 50 dBA during the nighttime (10:00 p.m. to 7:00 a.m.). If the nighttime noise limit cannot be achieved a timer can be used to limit the operation of the system to the daytime hours. The study shall be prepared by a qualified acoustical engineer and submitted to the City of Newport Beach prior to the issuance of building permits. This will ensure that the mechanical equipment constructed with the project does not result in a significant noise impact. 39. The proposed site plan shall be subject to review by the Newport Beach Police Department. 40. The structures shall be constructed so that the subterranean parking lot can be closed off to vehicular and pedestrian traffic when not in use (i.e., automatic or manual gate). 41. The subterranean parking structure shall be well lit during the day and night. In addition to the subterranean lot, the ground level parking shall be lit at night to allow individuals the ability to identify someone from 100 feet away. 42. Convex mirrors shall be used to eliminate hiding places within the subterranean parking structure. 43. If Newport Beach High School students are given a permit and allowed to park in the structure during school, the church shall handle any problems that arise (e.g., revoking the students permit). 44. Prior to issuance of the demolition permit, St. Andrew's Presbyterian Church shall submit an off -site parking management program that identifies parking and shuttle arrangements to accommodate the continued typical weekday use of the property as well as use of the facilities on weekends. The parking management program shall also PA2002- 2651Conddions of Approval. doc Page 5 11/11/2004 S Draft Conditions of Approval Use Permit No. 2002 -056 address the construction phase and shall identify the manner in which construction parking will be accommodated without utilizing on- street parking in the adjacent residential neighborhood. 45. Prior to issuance of the demolition permit, the contractor shall submit a Construction Traffic Control Plan (including a bike lane detour plan), to be prepared by a registered traffic engineer and submitted to the City of Newport Beach for approval. Approval shall be required prior to issuance of the authorization to proceed. All traffic control work for construction shall conform to the requirements as stipulated by the City of Newport Beach, including lane reductions, use of flagmen, etc. 46. Heavy construction vehicles, including trucks hauling construction equipment and materials, shall be limited to non -peak hours during the construction phase when those activities occur during the school year. 47. St. Andrew's Church shall continue its arrangement with the Newport-Mesa Unified School District that allows the church to utilize on -site parking at Newport Harbor High School for overflow parking during Sunday services and any other large- attendance functions. 48. St. Andrew's Church shall implement a Parking Management Program to instruct church members where to park. The Parking Management Program shall list allowable parking areas as follows, in order of priority: a) Park in the church parking lot, or along 15th Street adjacent to the church property b) If needed, park in the High School parking lot, or on the north side of 15th Street c) If needed, park along St. Andrews Road, adjacent to the church property d) If needed, park along Clay Street, between St. Andrews Road and Snug Harbor (do not park on Clay Street between Snug Harbor and 15th Street) e) Do not park on any other neighborhood streets 49. The Parking Management Program shall stipulate a requirement to provide ushered parking for large- attendance functions, to maximize the efficiency of the on -site parking. This would involve using individuals to direct people to park sequentially, starting at the end of each parking aisle and working back to the start of the aisle by filling each space, making the most efficient use of the parking area and minimizing vehicle - pedestrian conflicts. Consideration shall also be given to staging the parking sequence and entry and exit patterns so that people leaving the first service will not conflict with people arriving early for the second service. 50. If necessary parking personnel shall be employed to "cone off' or otherwise restrict use of the street parking adjacent to the church property, until the on -site parking is fully utilized. 51. Staff shall be required to use the lower level parking, to make the more convenient close -in parking available for attendees of both services. PA2002- 2655Conditions of Approval.doc Page 6 11/11/2004 S5► Draft Conditions of Approval Use Permit No. 2002 -056 52.The design of the parking facilities, including the parking structure, shall incorporate features to facilitate the movement of vehicles and pedestrians, and to encourage full use of the on -site parking spaces. Such design features would include: (1) the installation of adequate lighting and light- colored paint in all parking aisles corridors, elevators and stairwells; (2) convenient access to stairs and elevators from all areas of the structure; and clear signage to direct drivers and pedestrians to their desired destinations. 53.Once a successful circulation and parking procedure is developed, it shall be communicated regularly to the Church membership through church bulletins and the church website. 54. The 45- minute buffer between the end of the first service and the start of the second service shall be maintained to minimize inbound and outbound vehicle conflicts. 55. With the exception of special or unusual events (e.g., memorial services, etc.) that now take place at the Church, no concurrent use of other assembly areas within the Church property that exceeds the approved capacity of 1,387 persons shall be permitted at any time. 56. Consideration shall be given to adding services at alternative times, such as Sunday afternoon, to disperse parking demands. 57. Require all church staff to park on -site during the weekdays, and not use the street parking, thereby not adding to the on- street parking demand on school days. 58. St. Andrews Presbyterian Church shall consider issuing a greater number of parking permits to Newport Harbor High School to reduce the need for neighborhood street parking by students and staff on school days. Police Department 59. Directional signage shall be provided throughout the parking structure. a) Signs shall indicate stairwell and elevator locations, and exit paths for both vehicle and pedestrian traffic. b) Signage shall be a minimum of 12 inches in height with a contrasting background. c) All signs should be displayed no less than 60 inches from the parking surface and be highly visible from within any portion of the structure. 60. All enclosed stairwells accessing the parking structure shall have the following design features: PA2002- 26MConditions of Approval.doc Page 7 11H 1!2004 I1 Draft Conditions of Approval Use Permit No. 2002 -056 a) Shatter resistant mirrors or other equally reflective material shall be placed at each level and landing to provide visibility around corners. b) Open areas below the stairwells shall be fully enclosed, therefore restricting access to these locations. c) Stairwells shall be illuminated at all times with a minimum maintained two foot - candles of light on the landings and stair treads. 61. All exterior doors leading to stairwell access throughout the facility including the subterranean parking structure should have window glazing panels with a minimum five -inch width and 20 -inch height and shall meet the requirements of the Uniform Building Code. This requirement shall also apply to the doors from the underground parking area to the elevator lobby. 62. Elevators located within the parking structure shall be designed with the following features: a) The elevators shall remain illuminated at all times with a minimum maintained two foot - candles of light at floor level. b) All emergency stop buttons shall be installed and connected to an alarm that would activate when the button is pressed. c) All elevator interiors shall have shatter resistant mirrors or other equally reflective material making visible the entire elevator cab prior to. an individual entering. Building Department 63. Prior to the issuance of a certificate of occupancy permit, all improvements shall be constructed in a manner meeting the approval of the Building Department. 64. The proposed project shall conform to the requirements of the California Building Code including any local amendments and State Disabled Access requirements, unless otherwise approved by the Building Department. Fire 65. The plan shall provide emergency access to and from Clay Street as shown on the plans. The plan shall provide additional emergency access point within the parking garage to the stairwell located near the intersection of 15�h Street and Clay Street. Should these emergency access points gated to provide prohibit non- emergency ingress, all gates or doors shall have fitted with Knox key access or an approved equivalent. 66. Each individual building, including the parking garage, shall be protected with an automatic fire suppression sprinkler and alarm system subject to the review and PA2002- 2651Conditions of Approval.doc Page 8 11/11/2004 Draft Conditions of Approval Use Permit No. 2002 -056 approval of .the Newport Beach. Fire Department. The sprinkler system shall be monitored by a UL certified alarm service company if required by the Fire Department. 67. Approved address numbers shall be placed on all new and existing buildings in such a position that is plainly visible and legible from the street or road fronting the property. Said numbers shall be of made of non- combustible materials, shall contrast with their background, and shall be eitherinternally orexternally illuminated to be visible at night. Number shall be no less than six inches in height with a one -inch stroke. 68. The project shall include. all requirements identified in . "Modification . Request Case No. 2003 -135. Public Works Department 69.All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. 70. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. The applicant shall prepare a construction phasing plan and construction delivery plan that includes routing of large vehicles prior to the issuance of building permits for new construction. Large construction vehicles shall not be permitted to travel narrow streets and alleys as determined by the Public Works Department. 71.Arrangements shall be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to obtain a building permit prior to completion of the public improvements. 72. Utility connections for new buildings and the parking garage shall be underground to the nearest appropriate pole. 73. Each building shall be served by an individual water and sewer connection. The water meter and sewer clean out, if located within a proposed driveway or parking area, shall have a traffic-grade box and cover. 74. In accordance with the provisions of Chapter 13 of the Newport Beach Municipal Code or other applicable section or chapter, street trees shall be required and shall be subject to the review and approval of the General Services and Public Works Departments. 75. Fair Share traffic mitigation fees shall be paid to the City prior to the issuance of any building or grading permit for construction of the project. PA2002- 2651Conditions of Approval.doc Page 9 11/11/2004 �Pd- Draft Conditions of Approval Use Permit No. 2002 -056 76. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the Traffic Engineer. A minimum of 400 parking spaces shall be provided on -site. Numerous dead end areas within the parking lot hinder circulation and shall be eliminated or provided with designated turnaround areas to the satisfaction of the Traffic Engineer. 77.AII parking areas shall conform to City Standard 805 -L -A. The plans shall be revised to conform and shall be subject to final approval of the Traffic Engineer prior to the issuance of a building or grading permit for new construction. 78. Widen sidewalks and planters to act as wheel stops as directed by the Traffic Engineer. The maximum allowable overhang is 2.5 feet. 79. Disabled parking shall be redistributed such that Buildings C, D & E each have disabled parking located in close proximity to entrances. 80.The project shall conform to sight distance standard 110-L. Final designs shall be reviewed and approved by the City Traffic Engineer. 81.AII landscape planter noses within the parking lot shall be reduced in length by 2 feet as directed by the Traffic Engineer. 82.The final plans shall provide information detailing the closure of the Clay Street driveway for normal vehicular traffic. The information shall specify all devices and treatment of parking isles adjacent to the driveway. 83. The existing patio area and stairs within the St. Andrews Road right of way shall be eliminated. 84. The two existing driveways cuts (St. Andrews Road & 15`n Street) as shown on the plans do not align with on -site driveways. On -site driveways shall align with the top of the driveway x. The plans shall be revised to conform and shall be subject to final approval of the Traffic Engineer prior to the issuance of a building or grading permit for new construction. 85.A drainage plan shall be submitted and approved prior to the issuance of a Building Permit showing the method for control and disposal of all waters flowing into, across and from the building site and statement setting forth the method by which facilities shall be maintained. 86.Street, drainage and utility improvements shall be shown of standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer. All non - standard improvements shall be shown on standard improvement plans prepared by a licensed civil engineer and approved by the City Engineer and the City Council. PA2002- 2651Condibons of Approval.doc Page 10 11/11/2004 Draft Conditions of Approval Use Permit No. 2002 -056 87.The on -site storm drain system shall be privately maintained. Fossil fitters or equivalent measures shall be included as part of the design of catch basins and curb inlets. An on -site clarifier shall be provided. 88. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study (include off -site areas affecting the development) shall be prepared by a qualified engineer and approved by the Building Department. The report shall include detailed drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood. Any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the study shall be the responsibility of the developer. 89. Prior to issuance of a grading permit, the applicant shall submit an erosiontsiltation control plan to the Building Department for review and approval. The plan shall incorporate storm water pollutant control. 90. Prior to initiation of any earthwork activities or issuances of any grading permit, the applicant shall submit a Storm Water Pollution Prevention Plan to the City for review and approval. The Storm Water Pollution Prevention Plan shall be maintained on- site throughout the construction phase and shall be made available to the public for review, upon request. 91. Prior to the issuance of a grading permit, the applicant shall obtain a NPDES (National Pollution Discharge Elimination System) permit. The applicant shall incorporate storm water pollutant control into erosion control plans using Best Management Practices to the maximum extent possible. Evidence that proper clearances have been obtained through the State Water Resources Control Board (SWRCB) shall be given to the Building Department prior to issuance of a grading permits. 92. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Building Department. PA2002- 265 \Conditions of Approval.doc Page 11 11/112004 Draft Conditions of Approval Use Permit No. 2002 -056 93.Prior to the issuance of a grading permit, the following improvements shall be designed in a manner meeting the approval of the Building Department: ■ All provisions for surface drainage. ■ All necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff. Where determined necessary by the Building Department, associated public street and utility easements shall be dedicated to the City of Newport Beach. 94.Applicant shall ensure that all construction contractor and subcontractor personnel are made aware of the required best management practices and good housekeeping measures for the project site and any associated construction lay -down areas. 95. During the construction phase the project applicant shall exercise special care to prevent any offsite siltation. Project applicant shall properly maintain all temporary erosion and sediment control measures until the Building Department approves the removal of said measures. 96.During the construction phase, the applicant shall comply with the following requirements: a) No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to tidal erosion or dispersion. b) All construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into coastal waters by wind, rain, or tracking. PA2002- 2651Conditions ofApproval.doc Page 12 11/11/2004 0 October S, 2004 Mayor Ridgeway and Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re: St. Andrews Expansion Dear Honorable Mayor and Council: 14)910y RECEIVED By PLANNING DEPARTMENT CITY OF NEWPORT BEACH OCT 19 2004 PM 7I819110111 X12 ,1I2,3141516 The latest expansion proposal by St. Andrews Presbyterian Church is the most disappointing yet. To the impacted neighborhoods, Cliff Haven and Newport Heights, with reference to our offer to accept a 5,000 SF addition to their existing 104,000 SF, they have sai&they would build no project at all within such a limit. To the Planning Commission, which believes the Church's programs can be accomodated with 18k additional SF, they have requested 20k+ SF in their latest application amendment. The Commission's "best planning" suggestion, 18k SF, is an amount most unwelcome by the neighborhoods. Moreover, we are disappointed and very concerned that the applicant has seen fit to request a number greater than the Commission's own suggestion. Many residents have clear recollections of a nearly identical hard - fought public approval process in the early 1980's whereby the church gained approval for its current size and CUP. This CUP should be the main benchmark by which this Commission hears and evaluates the merits of the current application. At that time, 1982 -1984, Council member Ruth Ellen Plummer, Mayor Evelyn Hart, the church and members of the neighborhood, after two years of dedicated effort in an ad-hoc working group, arrived at a compromise which resulted in the church's current expansion and CUP. This compromise allowed St. Andrews to pack itself into the neighborhood. In the 22 years since, noise, traffic and parking have become commonplace problems in two of the City's most beautiful and quiet neighborhoods. These problems do not show themselves in any EIR, in part because the City has lowered it's traffic volume standards and the State, through CEQA and it's process, provides such low standards that the off peak traffic generated by the church seems, in some Commissioner's minds, "to be mitigated ". Indeed, Commission Chair Tucker stated in the public hearing that the traffic might seem to be a lot, but the numbers in the report don't warrant a problem. We agree that, in Chair Tuckers' analysis of traffic, CEQA is a rather large filter that might allow this development to proceed. However, this City has long stood for standards more stringent than what the State allows. We have always wanted better for our communities and neighborhoods. Who among us would accept such traffic, parking and physical expansion in their neighborhood? In the era of ever increasing traffic volumes city -wide, why would the increase in traffic as indicated in this proposal not be a huge negative to any Newport Beach community? Council and Commission October 6, 2004 Page 2 of 2 \We thank staff for including the extensive public comment in the application package. However, we are very concerned not enough attention has been paid to the church's shortcomings with regard to the existing CUP. This is a wonderful church, with great programs. But they are already too large for the neighborhoods. Rev. Huffman spoke of "his legacy" in the one meeting with the neighborhoods held in his office. It since has become clear that, to it's supporters "edifice" and "legacy" are synonymous, and sheer physical size, rather than a good relationship with the neighborhoods, is St. Andrew's goal. The zone change before the City, from an R -1 designation, which has produced and supported two of Newport's lovliest neighborhoods, to a government zone is not needed. The General Plan Amendment is uncalled for. The proposed expansion is nearly as large as the Chino Hills Hindu temple, which is situated on 20+ acres, with freeway access and 700+ car parking. St. Andrews is seeking approval for a project nearly as large with barely half the parking. It is larger than the Mormon Temple and dwarfs St. Mark's proposal, both of which the Commission and Council have or are considering. A project requiring a parking garage and a deal with a neighboring school in order to meet current and proposed parking requirements strongly suggests that "good planning" has been overlooked. The project is simply too large. We say to the Commission and Council, we have our arms open wide to the church. We encourage and support their efforts to become better, just not bigger. We believe that they can achieve their goals without the massive expansion they are seeking. But, having been virtually ignored in their planning process, we have no choice but to engage in potentially protracted and contentious public hearings, and ask you to stand steadfast and earnest in your pledge to accept only reasonable consensus and to protect our neighborhoods. Yours truly, Donald Krotee AIA President, Newport Heights Improvement Association /Ln Brian Brooks President, Cliff Haven Community Association Message Campbell, James From: Edmonston, Rich Sent: Tuesday, October 19, 2004 5:56 PM To: Campbell, James;'GTP' Cc: Temple, Patty Subject: RE: St. Andrews I'll add mine in red. ---- Original Message---- - From: Campbell; James Sent: Monday, October 18, 2004 7:05 PM To: 'GTP'; Edmonston, Rich Cc: Temple, Patty; Campbell, James Subject:. RE: St. Andrews Larry, Page 1 of 5 Some of these 1 have some knowledge of and my responses are below in blue Ariel text. Jim - - - -- Original Message---- - From: GTP [mailto:gtp @ohill.com] Sent: Monday, October 18, 2004 4:16 PM To: Edmonston, Rich Cc: Temple, Patty; Campbell, James Subject: St. Andrews Rich, Patty and Jim Here are some questions I plan to ask for the record on Thursday night. The questions, as you will no doubt notice, are random in order. As you might remember, the Commission seemed inclined to remove the Clay Street access point and place a wall along Clay Street Will such a move cause any significant impacts by having more traffic routed onto 15th Street and St. Andrews Place? The Traffic Management Plan prepared by LL &G indicates this would not be a problem, but it refers to emergency access at this location. What i am after is to preclude someone from walking through this emergency access. The goal is to make parking on Clay and especially the adjacent residential streets inconvenient. Is the emergency exit at Clay necessary? Emergency access at the Clay Street entrance is absolutely necessary per conversations I have had with the Fire Department. I'll ask Kim Lerch for a memo for the record. Is there an emergency vehicle access gate that cannot be used by the average pedestrian... it would need to be a full height rolling gate at a minimum. I'll get a reaction from Fire Prevention. The Traffic Study did not attempt to break down the access volumes for each driveway. 1 don't believe the, closure of the Clay St access would create a significant impact on either of the other two access points (one IN and one OUT). While 1 appreciate the desire to minimize parking in the residential area, the curb along Clay adjacent to St Andrews provides parking for 25 -30 cars. This is not insignificant and I can't 11/11/2004 Message Page 2 of 5 imagine this not being used -with or without a gate on Clay. Also, do we have a traffic count of the ADTs on the segment of Cliff Drive between Dover and Irvine Ave? I couldn't find this in the traffic study, although it is referenced in one of the RTC's. What is the segment LOS with the project. Which RTC are you referring to? I understand that we don't have roadway segment LOS, but only intersection LOS. Rich, can you assist? This area was included in the Neighborhood Traffic Management Plan study and almost 3200 vehicles per day were counted on Cliff between Irvine and Pirate. No counts were taken closer to Dover Drive. The Traffic Study indicates that peak hour traffic on Cliff would increas by about 10 cars on a weekday. There has also been discussion about the creation of diagonal spaces on 15th Street, West of the 15th Street lot in place of parallel spaces. This will require some re- working of the right of way and some dedication of land by the District. Is this something the Public Works Dept. can support? 1 am looking for as many more spaces as I can find and these spaces would be in high demand by the students, and perhaps help alleviate some of the parking in the neighborhood. Rich and I discussed the possibility of additional diagonal spaces on 15th street and I thought it might create increased vehicle conflicts and hazards, but who am I but just a dad who drops off his daughter at a traffic nightmare of a middle school every morning where there are diagonal street spaces! If you add new high school drivers who must move the cars every 2 hours... vehicle conflicts, hazards and concern are my opinions, not necessarily Rich's. This is a topic in the Neighborhood Traffic Management Plan (NTMP), but my feelings mirror Jim's. The diagonal parking across the street is less of a problem because there aren't a lot of people backing out at the same time students are driving down the street. On the north side, students would be leaving from the lot and the diagonal spaces at the same time. Will a one -way plan at peak times, with entry on St. Andrews Road, cause that street to be overburdened? Rich... No Is it feasible to build the wall toward the earliest part of the project schedule so that noise and dust will be kept in the project site to the maximum extent practicable? I don't know, but likely not given how little room there is between the property line and the garage. I'll inquire of the architect who might be prepared for the question Thursday. Table 3-6 of the EIR indicates a capacity of the gyndmulti- purpose room at 1,333. Yet at RTC 77, comment 1, the facility is designed for 460. Did I miss something elsewhere in the documents? The occupant load of the gym is actually 415.5 rounded to 416 and when I heard 416, my mind understood 460... my mistake. The 1333 number is the occupancy of the "gym and multi - purpose room" cited in the original application. I spoke with the architect today and he doesn't have the data on the whole building in a complete final form for submission before the hearing Thursday, but he can prepare it. I will clarify what I can with the architect and/or the Building Department before Thursday. 11/11/2004 -A L Message Page 3 of 5 Why didn't the traffic study look at the effects of the added ADTs on the residential streets, like Pirate and Snug Harbor? What are the carrying capacity of these streets at LOS D? 1 was told that we don't have thresholds for roadway segment capacity. Rich, can you assist? A two lane street has a traffic capacity of something like 10,000 ADT. The real issue is one of "environmental capacity" or liveability and that number is probably between 1500 and 2000. St Andrews had 1200 north of Cliff and 900 south of 15th. That was the only street counted in the NTMP. I attended a meeting of the neighbors at the Newport Theatre Arts Center a few months back. The neighbors have visions of the demo and excavation part of the project taking much longer than the EIR states. Do we have anyone we can get a time estimate from. I think the neighbors may have been thinking that one truck at a time would be loaded, but couldn't there be multiple loaders loading multiple trucks at one time? Is 14 cy per truck realistic; I thought that most trucks carry closer to 10 cy. I will have a clear identification of the assumptions used in the analysis for you on Thursday. 14 -15 yds3 is commonly used for AQ analysis and trucks with that capacity are available. If we indicate for the record that 14 yds3 is not appropriate, we need a new AQ study and we need to re- circulate the EIR. Their calculations for the length of the hauling result in one truck every 6 minutes - this definitely suggests there may be more than one loading operation. Is it advisable to require that the new parking facilities, including those at Newport Harbor, be completed before the new buildings be commenced. Alternatively, maybe the Newport Harbor parking facilities should be completed first, then the Church parking, then the Church buildings can begin construction. May have to look at how the underground part of the Youth facility will be constructed —this phasing may not work. 1 think it is advisable to have the increased parking at NHHS before construction begins. That way, we have a nearby parking supply for services or other activities that might take place during construction. Excavation of the basement of the youth center will take place at the same time as the excavation of the parking garage, so 1 don't see how you can have one before the other without some serious engineering. i spoke with Paul Reed; Assistant Superintendent, yesterday, and he advised there is no agreement in place and he's not sure if there will be in the future. So it seems.very speculative to plan on additional parking at the high school. What happens if we approve of the GPA, but the implementation of the use permit is tied to approval of a final parking agreement and we never get a parking agreement that we can approve? What becomes of the GPA? Once the GPA is approved, it is on the books. If the UP has conditions they can't live up to, they could seek an amendment, change the project or abandon it. I assume structure parking. is acceptable in the City. If so, is there any basis to consider the argument that it won't be used? The City gives credit for tandem parking, even though it is usually not used. Are we precluded from making a value judgment as to whether or not structure parking will be used? 11,1112004 1 Message Page 4 of 5 A parking structure is acceptable provided it meets applicable standards, but we are not precluded from placing a value judgment on it in my opinion. If you don't think the number of spaces is realistic given proper management of the structure as proposed, the project has less than optimal character... the site might not be of sufficient size for the intensity of development therefore detrimental to the community. Given the highly peaked nature of use of the Church on Sundays, the structure will ONLY work if the Church does monitor and control the area to prevent people that are backing out of spaces from blocking folks trying to exit the garage. If they have a bad experience even one time, they won't ever want to park in the basement again. (It happened to me once at the Anaheim Convention Center - I was in the bottom level and once I backed out of my parking space I didn't move again for 45 minutes.) Many mitigation measures are for issues that are not identified as significant impacts. It is my understanding that an applicant only has a duty to mitigate impacts if they will be significant if not mitigated. So I tend to doubt that many of the mitigation measures, especially for operational aspects, are really mitigation measures. Accordingly, so that they aren't challenged later, shouldn't they also be listed as conditions to the CUP? You can't eliminate the mitigation measures unless there is a clear statement that they are not necessary to mitigate an impact. The ones that specifically come to mind are the recommended measures of the police department related to parking structure design. Without them there will be no significant environmental impacts, but they are recommended none the less by the PD to address concerns raised in the NOP process. In a nutshell, they are not required but they are a good idea. As you know, mitigation measures must be applied to a project as a condition of approval to be effective, so all of them will be conditions. What will be the height of the lighting standards proposed for the surface parking lot? They are not specified and the lighting mitigation measure limits them to 20 feet. Should we have someone from the Police Dept to testify as to whether a Church parking structure, as opposed to a structure in a shopping center or office building, will likely bring in more crime to the neighborhood? If so, let me know so we can get them in and out quickly. My conversations with the crime prevention specialist tell me that the Church garage will not be a problem, but we need to get it on the record. 1 have their original letter and I will inquire about testimony. If the Youth Center is reduced to effectively 21,900 s.f., is it possible to move that building at least in part out of the existing parking field so that some more of the surface parking can be maintained? Not in my opinion. 1 don't think (actually I am positive) that the gym building can be pushed away from the parking lot to make more surface parking. The classroom space in that building is the preschool space and the courtyard adjacent to it is the outdoor play area for it. I see no way get there without losing the preschool or the gym itself... both way too important to the applicant to lose. I suppose they could get there with a significant redesign... What happens if there is a large memorial service at the time the Youth facility is operating its programs? Is it just traffic jam city, or do we expect that if that happens it is after school anyway 11/11/2004 Message Page 5 of 5 and there will be more spaces in the area to accommodate all. The problem would be the 2:00 service when school is still in and doesn't let out until all of the attendees of the memorial service are in the sanctuary. Of course, that probably happens more or less today, a few time a year, but if the answer is, those will be bad days, then I guess they will be: Memorial services are scheduled at 10AM as needed throughout the year and I doubt the youth will be in the youth center at that time except possibly during the summer months. Barry wants to prohibit memorial services from "prime school hours" as you know and that helps with the school parking conflict. I don't see how all three activities (memorial service, youth center & NHHS) will overlap ever unless there was a 2PM memorial service. 1 was thinking that we condition the entire campus such that there will not be concurrent assembly occupancy that exceeds 1,387 people. Counting heads is not easy and enforcement is difficult... it's like Bahia, non - compliance is evidenced in the parking problem generated. It will be up to the applicant to properly schedule things like Bahia. Anyway, why can't they close the youth center when there is a memorial service? It seems easy and logical to me. I will probably have more questions later, but I have to get going on my day job, so I am sending these out so you can take a look at them before the last minute. You don't need to answer in writing, i just wanted you to be ready when I ask some or all of the above. Answering these questions in writing gives me a chance to get prepared and it has the added benefit such that "you all" can stop me from putting my foot in my mouth if you think I'm off base or otherwise just plain crazy. Thanks. Larry Tucker 11/11/2004 1 ik MEMORANDUM Newport Beach Fire Department Fire Prevention Division Date: October 21, 2004 To: Jim Campbell From: Kim Lerch, Fire Prevention Specialist Subject: St. Andrews Expansion Your memorandum dated October 21, 2004, indicated the applicant wishes to erect a six foot tall masonry gate and to eliminate the driveway access off of Clay Street. We wish to retain the current shown pedestrian access points and driveway off of Clay with an additional pedestrian access at the stair to the underground parking located at the corner of 15th St. and Clay St. These access points may have a locked gate provided a Knox box or Knox lock is provided at each location. This requirement is in addition to the requirements as outlined in the "Request for Modification" case number 2003 -135. Yours in Fire Safety, Kim Lerch Fire Prevention Specialist /� 5 November 1, 2004 Mr. Herbert L. Smith Business Administrator and COO ST. ANDREWS PRESBYTERIAN CHURCH 600 St. Andrews Road Newport Beach, CA 92663 LLG Reference: 2032432 -1 Subject: RESPONSES TO CITY COMMENTS ON THE TRAFFIC MANAGEMENT PLAN (TMP) AND CONSTRUCTION TMP Dear Mr. Smith: Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit these responses to the comments provided by the City on the Traffic Management Plan (TMP) for the proposed expansion of St. Andrews Presbyterian Church and the Construction TMP. The responses have been developed in coordination with the project team. 1. When will we see the staff comments on the TMP (exhibit 5)? Will it be before the meeting? We received City staff comments on October 20, 2004. 2. The first bullet point of the TMP states that it will only apply to Sunday morning services. Does that mean it will not apply during the Saturday evening service? Are there attendance numbers for the Saturday service that show that it's usage is so much lower than the Sunday morning services that the TMP is not, and will not be, required? What about the Wednesday evening bible study sessions, which are stated in the original data submittal to typically draw 600 attendees? The TMP is intended for `larger events", which the CUP described as an event that could generate an attendance of at least 800 people. Saturday evening services typically draw less than 300 attendees. Wednesday evening bible study sessions, which are held between September and June every year, are typically attended by 400 to 600 people. Therefore, the TMP will only be implemented during Sunday morning worship services. EginearsWisonens Traffic Trensportation Parking Linseol4taw& Greenspan. Engineers 1580 Corporate Drive Suite 122 CDSta Mese,CA9M 714.6411687 T 714.841.6139 F wwallgangineers corn Pasadena Costa Mese San Diego Las Vegas Mr. Herb Smith November 1, 2014 Page 2 3. The 3rd bullet point of the TMP refers to a "Report Card (through some type of monitoring program) ". Is there any detail on the "some type of monitoring program "? Would the results be required to be shared with the City? The details of the "Report Card" monitoring program will be developed in conjunction with the City's Traffic Engineering Department. The results of the "Report Card" will be reviewed by both Church and City staff. 4. The 6th bullet point of the TMP states that it would include "requiring the congregation to use a specified route away from residential streets...". Can the congregants be "required" to do this? The various TMP measures, which include disseminating information on the "Preferred Church Access Routes ", implementing one -way vehicular circulation for the Church site during peak periods (with entry on St. Andrews Road and exit on 15'h Street), closure of the Clay Street driveway, and stationing traffic control personnel (from the Church's Traffic/Parking Ministry) at each of the driveways, are all intended to help discourage the congregation from using residential streets. 5. The 2nd recommendation of the TMP talks about closing the St. Andrews Road driveway "during typical weekdays/weeknights and Saturdays" but then goes on to say during non church service conditions ". Does this mean that that driveway would be closed during the Wednesday evening Bible Study and Saturday evening service, or not? The St. Andrews Road driveway will not be closed when events are scheduled in the Sanctuary. Therefore, the driveway will be open during Wednesday evening bible studies and Saturday evening worship services. 6. Recommendation no. 26 of the TMP notes that their recommendations would require the use of a total of 10 personnel every Sunday morning for traffic supervision duties, with no specified time limit (other than a notation in the 3rd introductory bullet point that it may be that, with time, not all of the recommendations of the TMP would continue to be needed). Is the church committed to this extensive a use of its volunteers? How would adjustments over time to the TMP be handled? Is that something that would require City concurrence? The TMP measures will be refined according to prevailing conditions and actual needs. There are as many as 10 personnel estimated in the TMP, but the actual number of people needed to enforce the TW measures will vary and be "fine - tuned" to adequately address the prevailing traffic and parking demands. The effectiveness of the initial TMP recommendations, and any subsequent zm�ns- m- reriuda« Mr. Herb Smith November 1, 2004 Page 3 refinements, will be reviewed by both Church and City staff according to the "Report Card" monitoring program to be developed. 7. Recommendation no 30 of the TMP states that "supplemental Police personnel should be considered for the 'crossing guard "'. Is this intended to be a commitment and requirement, or not? Based upon the City's Traffic Engineering Department's comments on the TMP (dated October 19, 2004), a "crossing guard" is not necessary to assist pedestrians across 150' Street. 8. In the Construction Management Plan, recommendation No. I states that 'All other Church activities, including the pre - school, will be relocated off site. (during the construction period -" Is this to be taken literally? The original application documents and the new Needs Assessment appear to indicate that there are dozens of activities that occur during a typical week. Is the church committed to relocating ALL of them to off site locations? If so, will that be a City requirement? It is the plan of the Church to relocate the preschool off site, and also the non- worship and non - administrative service activities. However, some small group meeting activity may occur on site if and when off -site parking is available. R I counted a total of 13 "should "s, "should be "s and "could be "s among the following recommendations of the CMP. Are these going to become commitments and/or requirements, or will they remain only as possibilities? The measures recommended in the TMP (for the expansion project and construction phase) will be updated according to the City's Traffic Engineering Department's comments, and implemented by the Church. After the initial implementation of the TMP, subsequent "fine- tuning" of the various TNIP measures is expected. The effectiveness of the initial and/or refined TMP components will be monitored through the "Report Card" process. 10. Recommendation no. 5 of the CMP states that trucks will be limited to the 15th. Street driveway, except that they can also use the St. Andrews Road driveway "if necessary ". How will this be determined? As indicated in the City's Traffic Engineering Department's comments on the Construction TMP, the Church will be required to obtain a Haul Route Permit before commencing any construction activities. The specific haul routes to be identified will conform to City requirements. IA32Pt�- lo-- reviud.da IV Mr. Herb Smith November t, 2004 Page 4 IL Recommendation no. 14 of the CMP states that "All construction - related parking including construction employee parking, will be accommodated on site, and prohibited on City streets. But the DEIR (in the 3rd paragraph on page 4.3 -12) states that "During the construction phase, when adequate on -site parking is not available for the construction crew, workers will be shuttled to the site from an off site location...'. Which is it? Can an entire construction crew be accommodated on site when all the current parking area is being excavated and thereafter under construction for the underground parking garage and youth and family center building? This recommendation states that there would be anywhere from 15 -75 "construction personnel employee vehicles expected" during various time periods of the construction. How was this determined? Is it realistic? If the site cannot accommodate all these vehicles (which seems likely to me), where would they be shuttled from? How would the workers get to their tools if they were to be shuttled? Based upon a more detailed and recent assessment of construction activities (compared to. the DEIR), it was determined that all construction- related parking, including construction crew /personnel parking, could be accommodated on -site during each construction phase (as described in the Construction Tw Measure 14). However, if an unexpected condition should occur and all vehicles cannot be accommodated on site, more intense carpooling of personnel will occur and/or personnel will be shuttled from an off -site parking location to be determined. 12. Recommendation no. 15 refers to the attached permit from the School District. But the attached permit application does not appear to have been approved, or otherwise acted upon. Is it, in fact, an approved permit? (It is also impossible to read what "comments /exceptions" have been recommended by the unit supervisor on the permit application) An agreement has been established between the Church and the high school for this fiscal year. The Church will continue to renew this on an annual basis. 13. Recommendation no. 15 also states that an agreement from the Lighthouse Church has been obtained for 50 spaces for staff parking during the week However, the letter from the Lighthouse Church specifies 50 spaces in the 2nd paragraph, but lists the location of only 40 spaces in the 3rd paragraph. Which is it? Regardless of whether it's 40 or 50, the documents accompanying the original application list 48 current full time personnel and 70 part time personnel at St. Andrews. Will 40 or 50 spaces be enough to handle all this personnel? Will the shuttle service be available throughout the working day, to accommodate the part time personnel? The agreement established with the Lighthouse Church specifies up to 50 spaces each day. At present, the administrative staff at the Church consists of 41 full- 2d32PA1P.Itr,wisMdx /^} t� Mr. Herb Smith November 1, 2004 Page 5 time employees and 20 part-time employees (totaling 61 employees). Of this total, 5 full -time employees and 10 part -time employees walk to work, and therefore do not need parking spaces. During the construction phase, the remaining 46 employees (36 full -time and 10 part -time) would park in the Lighthouse Church lot. Part-time schedules will be worked out, and a carpool program will be established, to minimize the need for parking at the off -site location. With the implementation of these measures, it is expected that the off - site parking demand would be about 41 spaces or less. Therefore, the 50 spaces at the Lighthouse Church and the shuttle service will be adequate to meet the parking needs of the administrative staff during the construction period. City Comments on the Construction TMP (dated October 19, 2004) 1. Provide information regarding the number of existing office staff and the parking spaces necessary to accommodate these employees. The agreement established with the Lighthouse Church specifies up to 50 spaces each day (Monday through Friday, 7 AM to 6 PM). At present, the administrative staff at the Church consists of 41 full -time employees and 20 part-time employees (totaling 61 employees). Of this total, 5 full -time employees and 10 part-time employees walk to work, and therefore do not need parking spaces. During the construction phase, the remaining 46 employees (36 full -time and 10 part-time) would park in the Lighthouse Church lot. Part -time schedules will be worked out, and a carpool program will be established, to minimize the need for parking at the off -site location. With the implementation of these measures, it is expected that the off -site parking demand would be about 41 spaces or less. Therefore, the 50 spaces at the Lighthouse Church and the shuttle service will be adequate to meet the parking needs of the administrative staff during the construction period. 2. The applicant will be required to obtain a Haul Route Permit from Traffic Engineering. Within a residential area, typically the haul hours are limited to Monday through Friday, 8:00 AM to 4: 00 PM. A Haul Route Permit will be obtained, and the haul hour time period restrictions will be adhered to. These requirements will be incorporated in the Construction TMP. 3. The TAP should identify potential time periods when the use of the St. Andrews Road Driveway (i.e., during construction of the subterranean parking structure). This will be determined, and provided to the City before obtaining a Haul Route Permit. D132 Nlu- ..aloe Mr. Herb Smith November t, 2004 Page 6 4. As indicated above the applicant is required to obtain a Haul Route Permit. See response to Comment 2 above. 5. During the excavation and hauling stage, a truck staging area will be established. Trucks will not be allowed to stage in a residential area and no truck staging shall occurprior to 7:00 AM. These requirements will be incorporated in the Construction TMP. 6. All delivery of material and storage of material shall occur on -site. These requirements will be incorporated in the Construction TMP. 7. Hosing down of trucks may have water quality issues. Contact Code and Water Quality Enforcement to verify if this can be done. A gravel bed may be an alternative. These requirements will be incorporated in the Construction TMP. 8. ...The shuttle service drop - off /pick -up areas shall be located outside the public right- of- way .... How many parking spaces are necessary for the St. Andrews Church Staff and can this be accommodated by the 40 spaces specified ?... Shuttle drop- off/pick -up areas will be located on -site, and outside the public right - of -way. Up to 50 spaces are available at the Lighthouse Church. By implementing measures (working out part-time schedules and establishing a carpool program), the 50 spaces at the off -site lot (with the shuttle service) are expected to adequately serve the parking needs of office staff during the construction period. 9. Refer to the discussion above pertaining to Lighthouse Community Church parking lot. See response to Comment 8 above. City Comments on the TMP (dated October 19.20041 1. ...Consider multiple levels of enforcement, depending on adherence to the TMP. It is expected that after the initial implementation of the TMP, subsequent "fine - tuning" of the various TMP measures will be necessary. The effectiveness of the 243VMNA -.iu .d V Mr. Herb SmlBi November 1, 2004 Page 7 initial and/or refined TMP components will be monitored through the "Report Card" process. 2. The TMP indicates that the already established "Parking Ministry" will meet every two months. More frequent meeting of this group is recommended initially and during construction. The "Parking Ministry" will meet every week during the construction period and the initial TMP implementation, 3. The Church's frontage on Clay Street will accommodate 25 -30 parked vehicles. Discouraging the use of this significant parking resource conflicts with human behavior and the desire to park close to one's destination. The closure of the Clay Street driveway (to vehicles and pedestrians) and locked gates at pedestrian points in the wall (accessible only to emergency personnel) are proposed to discourage the congregation from parking on Clay Street (and therefore not traveling on residential streets to reach this parking). Granted, this would mean giving up some street parking, but it would be done to reduce the circulation and parking impact on the immediate neighborhood. 4. Provide discussion regarding how parents will circulate through the parking area for drop -off and pick up for the daycare. Will any of the parking area be used of the daycare play area similar to how it is used today?. Has consideration been given to making the circulation in the lot one -way at all time so users have a consistent pattern to follow? The TMP will be implemented during Sunday moming services only. The drop - off/pick-up area for all Sunday service attendees has been designated as the same area reserved for the special permit program (at -grade parking area closest to Buildings C and D). During non - Sunday conditions, the existing drop - off/pick -up operations for the daycare will be maintained (i.e., pick -up /drop -off activities occur on -site; the Clay Street driveway is closed; the St. Andrews driveway is closed once school starts). The St. Andrews Road driveway will be closed during times when there are no events or activities being held in the sanctuary (i.e., typical weekday and Saturday daytime periods). . The one -way circulation described in the TMP (i.e., all entries through the St. Andrews driveway, all exits through the 15s' Street driveway) is intended to manage and address the peak/busiest traffic and parking demands at the Church, which occur during Sunday morning services. The typical attendance during Saturday evening services, and mid -week bible studies (when held during the Fall =ten I m d% SO Mr. Herb Smith November 1, 2004 Page 8 and Spring), correspond to 200 to 500 fewer attendees than Sunday worship services. Therefore, the TMP or any special driveway controls are not considered to be necessary during Saturday evening services and mid -week bible studies. The one -way circulation for Sunday mornings requires the use of traffic control personnel and signage to help enforce it properly. The TMP also calls for disseminating information on the special traffic and parking controls every Sunday morning, in advance of the initial TMP implementation, and in a consistent manner after the initial stages of the TMP. These additional measures will help minimize driver confusion. Potential driver confusion would most likely be for first -time visitors to the Church, not regular members of the congregation who would have been " educated" through the TMP. The advance signage and strategically stationed traffic personnel are intended to address the special needs of first -time visitors on Sunday mornings. Educating the entire Church congregation on the details of the Sunday TW will minimize driver confusion for Saturday evening service and bible study attendees. Those who attend Saturday evening services typically go to Church every Saturday, and those who attend Sunday morning services regularly attend every Sunday. Because the Church members maintain a pattern of attending Church on the same day of the week, the presence of special traffic and parking controls on Sunday mornings, and the absence of these controls on Saturday evenings, will be expected by the driver. If the St. Andrews and 15'h Street driveways were permanently. reconfigured to restrict movements at each of these two driveways to one -way traffic (inbound or outbound) at all times, those unfamiliar with these one -way restrictions (Church visitors) will likely be diverted to traveling and/or parking on residential streets. Based upon the above considerations, it is not recommended that one -way circulation be enforced at all times. 5. ...Currently the website directs visitors to the Yahoo maps for directions, which do not adhere to the Preferred Routes. The Church will update their website to show the "Preferred Access Routes ". 6 How marry permits will be issues for the Special Permit/Placard?.... The number of permits will be determined upon the initial implementation of the TMP. If necessary, the designated special permit/placard and drop- off/pick -up area could be expanded to accommodate more than 50 vehicles. This is one of the potential subsequent refinements to the TMP measures. uszrnsao- -.e.� Mr. Herb Smith November 1, 2004 Page 9 7. ...Once the special permit area is full, where does pick -up /drop -off occur? See response to Comment 6 above. 8. If traffic is required to exit via 15`h Street on Sunday, the aisle edges shall be designated with 15 foot radius curves to facilitate tight maneuvering. Exiting traffic will need to utilize the entire width of the drive aisle, reinforcing the need for one -way circulation. During Sunday morning services, the 15ei Street driveway will be limited to exiting traffic only, per the TMP. 9. Who will conduct the review of the "Report Card" and at what interval will this be done. Further discussion with City staff is necessary so that details of the "Report Card" monitoring program could be developed in conjunction with the City's Traffic Engineering Department. 10....110 parking spaces will be reserved for Church Staf/Worship team... is it necessary...? The TMP estimated that up to 110 spaces could be used for this purpose, but the actual number of spaces reserved for those with longer parking durations could be fewer than that 110 -space initial estimate. 11.... Consider parking the surface parking area first then the lower parking area. This is a potential, subsequent refinement to the TMP. 12. Signs... shall be placed on private property and not in the public right -of -way. The time when the on -site parking area is opened for the second service must be closely monitored and refined as necessary. This may required the second service to be pushed back to allow the demand to dissipated. These measures and considerations will be incorporated in the TMP. 13. The church does not have an agreement with the school district for exclusive use of the high school lot and therefore, should not be doing more than providing persons to direct drivers to the open parking spaces. All existing driveways to the school lot should remain open. No assistance is necessary for pedestrian crossing 15`h Street. V3VW4U +.v.AM V Mr. Herb Smith November 1, 2004 Page 10 The TNIP will be updated to remove the recommended measures relating to the high school lot and 15'' Street crossings. 14. The approach to utilizing the High School lot may be overkill. The lot should function adequately without most of the TMP measures discussed, with the exception of parking personnel to assist drivers to open parking spaces. See response to Comment 13 above. We appreciate the opportunity to be of service on this project. Should you need further assistance, or have any questions regarding this letter, please call us at (714) 641 -1587. Very truly yours, LINSCOTT, LAW & GREENSPAN, ENGINEERS Trissa (de Jesus) Allen, P.E. Transportation Engineer III 2942PW- iv�,dm 0 November 2, 2004 Mr. Jim Campbell/ Planning Commission/ Mayor and Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Hand delivered Re: St. Andrews Expansion Sirs/ Madams: RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH NOV 0 2 2004 718191101111121112A415 PM 6 The City, Commission and neighbors have been presented with a document titled "St Andrew's Use and Needs Assessment. We have been asked to rely upon the information included to understand the level and timing or events planned for the facility. I am troubled by the apparent inaccuracy of this document. Attached please find the churches publication Horizon, distributed to their parishioners. Also attached is an excerpt from the St. Andrews Needs and Use Assessment and a separate document that lists the many scheduled events, most of them weekly, that DO NOT appear in the Use Assessment. As recently as last Friday, the St. Andrew's Building Committee stated that although they were' not perfect', their list of activities was accurate. In my opinion, there are far too many programs that are omitted to be categorized as "clerical error", Staff should make for the Commission and City an accounting of these discrepancies. I object to two very important features of this document. First, the document was not produced in order to assess the use and needs of the church. It was produced within the last month, not prior to the conception of this project. This fosters the perception that the project was conceived without a real need other than the ambition to build as big a box as the church can push through the system. Second, the attached documentation reveals that, according to the church's own publication, the Use Assessment is misleading as to the current number of events scheduled at this facility. The neighbors have worked long and hard to understand the true motivation for this ever- changing project. This "Assessment" only confuses the issue further. The inaccuracy of this document also illustrates the need for an independent party to monitor compliance with the CUP. Thank you for your time. ly, 11911 Ca t Chrld,e. for of— WEEKLY Sundays, 69 I r11GH, K..fb 2a17 mHigh: Ito oot�,_. ., ,njtmimHio', , ,h R.om-_, � Mo DRW, For inf. No. oq1f hke rootb WEEKLY EtrECFTS'. Sundays, 8 30 m, Carpen[ x Hall, SPECIAL EVENTS October 15 -D, Gi ?U .:& Guys Retnnns. Sunday 'Makek, �, , I Haas rua Malibu (ace, PaBr� nfmmatwn on maes C�f� d Don the DuchSp Irene; 6teP.ge 7) ,o6 ft.,h 0,ml., 10:15 page CLASSES �5+ Commddores 83k study with Bev TOdd DiereMeld: ADULT$ .. , Dj�mfild Hb; �i un and�nmohnson,%9 2244 study, ALPHA. S-n�ry ] Nnmjm-W LOSPFCIAL WEEKLY EVENTS iS*RY GENERA kmdays, 7:0 p.m:.,Colkge Bible Smdy EVENTS 9% Tuesdays, 7M p.m.. Young Adult BNE Single Parent Fit . mily Study .ember 1-21 All-�h Fner vi9fl, 5:00 — Wod�d.,, 6:W Im, UCI BMk Study P.m . . Friday ,Neagh 5:W p-m-'s-on", SPECIAL EVENTS SPECIALEVENTS pop 8) October L -3, CamPinB ltevcvt upom], H.Hday Gnxhem, in Do,embl Ocmher 2/3 mul 2391, Stepi WmMq November a2t4, FmresE Home Single- h mmodm meetings afier.Wp ( P 9) Parent F:nmi, �m, (ace, Pop 3) page O�, 4,7t3D p---, n� 0�1m�— CMI the Hotfino, 949-572-42n; 1b, min m. Co.oM 5.�on, (. pW 2) SINGLES 5 5 + Home Builders. 0�tnb�� 10, N� �m� Cl — 21:30 DWmnfidd H� (see PagF 9) Illuminators Fanzijy Fellowship «w S. 5;00 pm., Cmdklight �= C�1949-5M=jo, fqfbnmmmn iohe S.m,,,, (. pW 7 fbr &-ih)' WEEKLY EVENTS Oaobr 16,24. &3LFW[ , ayMmkoq sun av 6. mogh, by second Saturday 0.11 D,. B41 Snrt L.W �ob, 9,7:W p.... Dt�nR�W 1 0,,b, 23,930.m.- 4:00 9 m-, Arab SPECIAL EVENTS 3) d Muslim A.. s o*m, For it jorn*aNOn, ran rbesftyes.ffimx Page 3 For derails) 949574-2214. ,pi� p calendar W ebe Sunday room {ng Omar OUTREACH' OPPORTUNITIES Fur fonr Hm on ways - mmb wrrn ,be mml ommn.ni". Pfeare urn um'. jobnsom!Mq-5742268 0 ii n: 999 -574- 2228 T: SUNDAY SEMINARS & WORKSHOPS Sundays, class wth W-D} Wallace; - UA 1 1,0+ C�f� d Don the DuchSp Irene; 6teP.ge 7) ,o6 ft.,h 0,ml., 10:15 page CLASSES �5+ Commddores 83k study with Bev TOdd DiereMeld: ADULT$ .. , Dj�mfild Hb; �i un and�nmohnson,%9 2244 study, ALPHA. S-n�ry ] Nnmjm-W LOSPFCIAL WEEKLY EVENTS iS*RY GENERA kmdays, 7:0 p.m:.,Colkge Bible Smdy EVENTS 9% Tuesdays, 7M p.m.. Young Adult BNE Single Parent Fit . mily Study .ember 1-21 All-�h Fner vi9fl, 5:00 — Wod�d.,, 6:W Im, UCI BMk Study P.m . . Friday ,Neagh 5:W p-m-'s-on", SPECIAL EVENTS SPECIALEVENTS pop 8) October L -3, CamPinB ltevcvt upom], H.Hday Gnxhem, in Do,embl Ocmher 2/3 mul 2391, Stepi WmMq November a2t4, FmresE Home Single- h mmodm meetings afier.Wp ( P 9) Parent F:nmi, �m, (ace, Pop 3) page O�, 4,7t3D p---, n� 0�1m�— CMI the Hotfino, 949-572-42n; 1b, min m. Co.oM 5.�on, (. pW 2) SINGLES 5 5 + Home Builders. 0�tnb�� 10, N� �m� Cl — 21:30 DWmnfidd H� (see PagF 9) Illuminators Fanzijy Fellowship «w S. 5;00 pm., Cmdklight �= C�1949-5M=jo, fqfbnmmmn iohe S.m,,,, (. pW 7 fbr &-ih)' WEEKLY EVENTS Oaobr 16,24. &3LFW[ , ayMmkoq sun av 6. mogh, by second Saturday 0.11 D,. B41 Snrt L.W �ob, 9,7:W p.... Dt�nR�W 1 0,,b, 23,930.m.- 4:00 9 m-, Arab SPECIAL EVENTS 3) d Muslim A.. s o*m, For it jorn*aNOn, ran rbesftyes.ffimx Page 3 For derails) 949574-2214. ,pi� p calendar W ebe Sunday room {ng Omar OUTREACH' OPPORTUNITIES Fur fonr Hm on ways - mmb wrrn ,be mml ommn.ni". Pfeare urn um'. jobnsom!Mq-5742268 0 0 Regular Programs ( Not Listed in Needs Assessment) Horizons October Calendar All regular events on campus College & Young adults Weekly Mondays 7:00 PM Weekly Tuesdays 7:00 PM Singles 55+ AA Noon Weekly, Sundays 8:30 AM Singles 70 + Spiritual Wellness (Oct. 11) 4:30 PM Weekly Sundays 10:30 AM Singles30 -55 Weekly Wednesdays 6:00 PM Weekly Sundays 5:00 PM Weekday Classes Weekly Mondays 9:30 AM Women's Ministry Weekly Tuesdays 6:45 AM Weekly Suppor Weekly Weekly Weekly Weekly Weekly t Groups Sundays Mondays Tuesday Wednesdays Fridays Monthly Support Groups Tuesday Monday Monday Family Ministry Saturday Bible Study Young Adult Bill Flanagan Various speakers Alpha including dinner (Thirty something) Bible Study with Bev Women in management 6:30 PM Families of mentally ill 7:30 PM AA Al -ANON 7:00 PM AI -ANON 8:00 PM AA Noon AA -AI -ANON 7:00 PM Elderly Care 4:30 PM Spiritual Wellness (Oct. 11) 4:30 PM Spiritual Wellness (Oct.25) 7:00 PM Second Saturday ffib Alternative Plans PLANNING DEPARTMENT CITY OF NEWPORT BEACH NOV 0 4 2004 PM 7 1$19110111112111213141516 Alternative Plan for St. Andrews iof 6 Submitted by the combined neighborhoods of Newport Heights and Giffhaven In response to inquiries from Planning Commission, and in our continuing effort to secure consensus on the part of St. Andrews, the consolidated neighbors have sketched an alternative plan, illustrating the development of a Youth and Family Center, at a size that would utilize surface parking and be more appropriate in the neighborhood. This naturally puts less pressure on the parking and traffic and will make the authoring and the monitoring of conditions less of a concern. The smaller alternative, very similar to the alternative in the DEIR 10.4.2, has unique interest from the School Board in that after school programs are of key concern to the ever changing role of public education and the NHHS presence, with its enormous unused after hours campus. A letter to the President of the School Board has been sent under a separate cover for review, indicating the activities of school age children being crucial, not only to St. Andrews congregation, but also to NMUSD's undertaking of extended after school and campus development. There are over 50,000 SF of area at the high school, currently a topic of neighborhood after -hours learning at the District. We discussed and agreed, that there is much opportunity to share the existing high school area, rather than over -build quasi- private development adjacent to sensitive neighborhoods. The following are key changes to the project that allow the plans to generate less traffic and occupants and to make a currently `bad situation, better. The Multi purpose space below comprises meeting areas that are the same size as 3 class rooms combined. �i I' l" --: is °, I' - 5 7 vze+. F: \USERS \PLN \5hered \PA's \PAS - 2002 \PA2002 - 265 \conditions \Alternative Plans.docF: \USERS\PLN \Shared \PA's \PAS 2002\PA2002- 265 \conditions \Alternative Pfans.d*C When the.core Youth meeting lm ttt Alternative Plan for St. Andrews 2of 6 Submitted by the combined neighborhoods of Newport Heights and aiffhaven the basement in the "E" Building can be reduced by nearly 10,000 SF. Further the Youth Center could be planned as a lower level in the new Building 'E'' The sketch below shows the Core Youth Area defined above being moved to, below the Building `E' Fellowship Hall reconstruction. . Gib Alternative Plan for St. And 3of 6 Submitted by the combined neighborhoods of Newport Heights and Cliffhaven This concept allows the Youth to take advantage of the break -out areas in the upper floor of 'E' and to be closer to the large gathering area above. Further, the Gymnasium is nearly the same size as the gathering space in Fellowship Hall. Instead of authoring complex conditions limiting the joint use of the facility that could literally house, five concurrent weddings, why not construct a combined Gym and Gathering space. This combined use area provides St. Andrews with a larger performance venue than in their current proposal, but eliminates the need for a separate gym saving another 5,000 to 6,000 SF. In this scenario, the lower or Ground floor of Building 'D' would be schematically configured as shown below at greater square footage than the current application. Building D/ Ground Floor Plan - Basement/ Youth Core Areas - Ground Floor UDDer Floor (not pictured) 5,000 SF- moved from the lower level of Building E 11,500 SF SF SF _ 1, Alternative Plan for St. Andrews 4of 6 Submitted by the combined neighborhoods of Newport Heights and Cliffhaven Building E Reconstruction Turning the attention back to Building `E', when the classroom sizes are brought more in line with the current educational 20:1 teaching ratio, this results in additional SF savings to the overall plan. In that the applicant proposes reconstructing these spaces, the latest in design standards need not be overlooked. In that there is no interest in the campus becoming a private school, the building of flexible learning areas for Sunday school should be teen break -out areas on evening nights when these facilities are available. In the area below or south of the classrooms, the gym has been removed and placed in Fellowship Hall. aec Um Ent? .........__... _ r» is Area W CoretWe6 8u06ig E - ista 2M Rw sWlar is t z ' e zl � 9A _ f. 1. The red corrections to the plans illustrate slightly smaller classrooms and retaining the Boys and Girls Restrooms. The Office and Resource area can be reconfigured. There are a number of options in the re- construction of Building E. It is true that the Youth Core Programs can be placed in the basement of either reconfigured building at the applicant's option. Building E/ Ground Floor (and Second Plan similar)- Basement/ 0 SF- moved from the lower level of Building E Ground Floor 3,150 SF Upper Floor (not pictured) 3,150 SF Total r inn cc Alternative Plan for St. Andrews 5of 6 Submitted by the combined neighborhoods of Newport Heights and Cliffhaven Recap Tabulation The second Floor of Building D can be reconfigured to allow for the office and gathering space at the same size as proposed. If these changes were made to the applicants tabulation the gross and net expansion would result in the net add to the campus as shown in the tabulation. 2846 SF, well below the joint neighborhoods current offer of 5,000 SF. Building Existing Floor Area Proposed Floor Area Net Change S uare Feet (Square Feet (Square Feet Building A — Main Sanctuary 41,921 41 921 0 Building B — Classrooms 21,669 21,107 562 Building C — Offices/Chapel 15,620 16,620 0 Buildin D — Fellowship Halt/ Gym 17,762 3,576 Buildin E — Classrooms 6 468 y `° a. 168 otal 104,440 107,286 2,846 If the Gym were to be reduced to 1/2 court basketball with a volleyball overlay stripe and the additional classroom (added in the applicants proposal) were to be eliminated, a reduction could be made near the 'net zero' offered in the DEIR'remodel' configuration. Site Planning Comments This jointly used facility also eliminates the bulk of the reconstructed Building E, allowing for more surface parking. In fact the greatest advancement in planning is found in the elimination of the now unneeded and expensive parking Garage This is to say nothing of easing the tension of the interest in challenging not only the parking garage, but also the DEIR's questionable address of Air Quality related with its now unnecessary grading and construction. Naturally the surface parked concept will greatly reduce the first cost and preserve all of the mature Clay Street landscaped setback slated for demolished as part of the applicant's proposal. The site plan on the following page shows the applicants proposal with sketched ideas and comments. The 15' Street side of the public curb faces can be matched with the curb face at the NHHS parking. The bus parking of 15"' can be in -set to the curb as a public safety issue and effectively designed in the Traffic Calming Measures now before City Committee. The Neighborhoods, herein with this proposal and the conditions associated with this project, offer St. Andrews the opportunity of truly making the neighborhood 'better', the hope of every resident and public official. 0 Alternative Plan for St. Andrews 6of 6 Submitted by the combined neighborhoods of Newport Heights and Cliffhaven tq�dx .wv . Site Plan Basement/ Youth Core Areas - Surface Parking- 5,000 SF- moved from the lower level of Building E for this concept A' b, 14 . Nedmna 1 .. .. ...._.. \ L\ t - Yam1/ X I r✓ Q'l�`yWl9 _ kenFa VFW 4� \zb �i }atCSbsrtaa mSMba�.kb ��' � Sumet7gMry mmMCtpee�emois6g" }: �. ��:ro p y-- tq�dx .wv . Site Plan Basement/ Youth Core Areas - Surface Parking- 5,000 SF- moved from the lower level of Building E for this concept A' b, 14 Dear Planning Commission: 11/9/04 Campbell, James From. Nigel Bailey [nigelb@att.net] Sent: Wednesday, November 10, 2004 2:13 PM To: jcampbell @city.newport - beach.ca.us Subject: [QUAR]St. Andrews Expansion - unable to attend due to conflict Page I of 1 Dear Planning Commission: 11/9/04 I have been a member of St. Andrews Church for over 40 years, and have served on numerous committees and as a Ruling Elder for a period of 6 years, some years ago. In all of those meetings that often went late into the night, I have never known the Church to ever have anything but the greatest concern for our neighbors and our neighborhood's best interest. The fact is, however, that the people who comprise the neighborhood, with very few exceptions moved there knowing they were a block away from a relatively large Church and 1 '/z blocks from a large High School, both of which have inherent periodic parking issues. The Church has attempted to address the issues on several occasions but to date, the Church's efforts have not succeeded due to neighborhood sentiment. When I joined the Church all those many years ago the membership was 4100. According to the articles I read in the Pilot, it's now 4600. This represents less than a 13% gain in 40 years or approx. 3 tenths of one per cent per year. This growth trend is unlikely to change, no matter what the Church does, so the Church's intention to serve the youth and young families is more of an effort to maintain our membership than to grow it. A Church that doesn't offer attractive programs and facilities to young families is one or two generations from extinction, and while our primary objective is not to "maintain" our membership, but rather is to "spread the Gospel to all ", who better than to our young people, to help them have more fulfilling lives. Money has been pledged to build facilities that will alleviate to large extent the parking issues we and the neighbors have struggled with for years and to create structures to serve the youth and young families more effectively. Special attention has been given to attenuate noise levels so the net result will be less noise than is now being experienced. In addition the Church has offered to close the Clay Street entrance to the parking lot and is on a drive to encourage congregants to avoid driving through the Cliffhaven common -ity altogether thereby reducing substantially the reasons the neighbors may have had for complaint. This effort is already yielding results. Two other issues have been mentioned during this discourse: 1. Property values. 2. If the Church has money to spend, why not give it to charity. My response is: 1. The little original homes nearest the Church have had phenomenal appreciation in the period of time the Church has been in the neighborhood growing from under $20,000 when new to approximately $1,300,000 at the present time in original condition. It is one of the most sought after neighbor -hoods in Newport Beach and sets new records every time a new sale is recorded, in spite of being a block from a relatively large Church and 1 '/2 blocks from a large High School. (As a Realtor I can attest to these figures and can provide comparable sales to support them.) 2. St. Andrews made a commitment many years ago to give 25% of all income to benevolences, and has met that challenge through thick and thin. In doing so it is one of the highest giving Churches per congregant in the Presbytery. We don't have to make any apologies about our record of helping "others ". I would ask that you approve the latest Church plan as submitted. Respectfully submitted, Nigel Bailey, Corona del Mar; 949 - 760 -1484 11/11/2004 95