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HomeMy WebLinkAboutSt. Andrews Presbyterian Church (PA2002-265)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item# 7 December 9, 2004 TO: Planning Commission FROM: James Campbell, Senior Planner, (949) 644 -3210 4campbellCo)city 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 At the conclusion of the November 18, 2004 meeting, the Commission appeared to reach a consensus on the details of a project they could consider recommending to the City Council. Staff has revised the operating and standard conditions to reflect the Commission's directive. Several items were also requested and are attached to the report for consideration. Conditions of approval Staff has made every effort to revise the conditions of approval in accordance with the direction given and a revised draft is attached to the report. Operational Condition No. 16 relates to limited overnight use of the facility and notification of residents of these events. Staff is concerned about the limited ability of the City to enforce this condition. Operational Condition No. 19 was not discussed at the last meeting in detail since there was general agreement between the neighborhood associations and the applicant on its content. The proposed condition relates to changing the on- street parking limitations in the area around the church to "I hour" on Sunday mornings. The ability to change the parking regulations rests with the City Council and cannot be a condition of approval. The suggested change in parking restrictions can be a recommendation that can be forwarded to the City Council with Commission's overall recommendation on the project. Site Occupancy Occupancy of the campus was a central focus of the previous discussion. Based upon the City's standard parking ratio for religious assembly of 1 space for every 3 people, the project does not provide sufficient on site parking. The applicant clearly indicates St. Andrews Church Expansion December 9, 2004 Page 2 that they desire concurrent occupancy for religious assembly of the various rooms within the campus. Occupancy limits are necessary given the fact that should the various rooms within the existing and proposed buildings be occupied to capacity, total parking need will far exceed proposed on -site and off -site parking supply. The following table shows the total occupancy of major assembly rooms and resulting required parking. This table does not include potential occupancy of the variety of other rooms within the overall campus. Space People Sanctuary 1.387 Chapel 126 Fellowship Hall 912 Y &FC Lounge & cafe 268 Y &FC multi - purpose 300 Gymnasium 416 Total People 3,409 Required Parking 1,137 @ 1 space per 3 people Staff acknowledges that not all of these rooms will be occupied at the same time and there is a current prohibition of concurrent assembly occupancy between the sanctuary and the chapel. Based upon the discussion at the last meeting and the use information presented with the application, Sunday occupancy is the greatest and is expected to be as follows: Spacelactivity People Sanctuary 1,387 Sunday school 200 Adult education 150 Jr. high age programs 100 High school age programs 100 Total people 1,937 Staff was asked to arrive at a parking ratio for this level of occupancy knowing that not all of these activities will likely generate a separate vehicle to be parked. Staff believes that the people identified as participants in the Sunday school, the Jr. high age programs and half of the high school age programs are not driving themselves. The following table shows the resulting parking need using the Zoning Code ratio of 1 space per every 3 people for religious assembly: Space/activity People Sanctuary 1,387 Sunday school 0 Adult education 150 Jr. high age programs 0 High school age programs 50 Total people 1,587 Parking required 529 St. Andrews Church Expansion December 8, 2004 Page 3 As noted, these calculations do not account for occupancy of other areas that might increase parking demand within the campus (i.e. administrative, custodial or setup activities) that might occur at the same time as religious assembly. Staff believes that the 600 space supply, as a minimum target, identified at the last meeting should provide sufficient spaces for the current activities when demand is the highest. Growth in attendance and programs is likely to occur with project implementation. Therefore, occupancy limitations, or limitations on concurrent assembly functions, should be applied to avoid parking conflicts with the neighborhood given that parking supply falls short of what would be required by the Code. Staff recommends that all occupancy limitations be directly related to available parking supply. Off-Site Parking Among the conditions of approval discussed with St. Andrew's Church and neighborhood representatives is one that requires a parking agreement with the Newport Mesa Unified School District. The goals of a parking agreement would be to provide adequate parking for the Church expansion, and additional and improved parking at Newport Harbor High School.. If the Commission determines that a parking agreement is necessary to support the requested increased development on the site and to achieve sufficient parking for the land use and operational issues presented by the General Plan amendment, then staff recommends the parking agreement be addressed directly in the General Plan amendment rather than the Use Permit. The provision of improved High School parking for students would provide relief to the neighborhood from the current impacts of students parking on residential streets in the area. This improved parking may be viewed as a public benefit sufficient to justify St. Andrew's increased development entitlement in the General Plan. A development agreement is the tool provided by State Planning and Zoning Law to address situations in which development might not be approved, but for a public benefit that would not otherwise be available to the community. Staff believes that is the situation in this case, and a development agreement would be appropriate. Staff has provided suggested language to include in the proposed General Plan Amendment that would address both the public benefit and direct parking requirements with the use of a required Development Agreement. The amended General Plan language discussed in the following section reflects this approach. The attached draft Parking Conditions are a good framework for a development agreement, and staff expects a development agreement to include, at a minimum, the following provisions. 1. Entitlement authorized by development agreement, and term during which changes may not be made without approval of both parties. 2. Parking Agreement between St. Andrew's and the School District to be reviewed and approved by the Planning Commission prior to issuance of building permit for St. Andrew's expansion. 3. At least 70 spaces to be added to High School parking lot at 15t" Street. St. Andrews Church Expansion December 9, 2004 Page 4 4. St. Andrew's ability to use specified number of 15th Street parking spaces at specified times. 5. Minimum term of Parking Agreement. 6. Project phasing, especially timing of improvements to 15th Street parking lot in relation to issuance of building permit and certificate of occupancy for St. Andrew's expansion. 7. Limits on St. Andrew's occupancy based on parking available on and off site. 8. Reduction in St. Andrew's occupancy related to loss of 15th Street parking spaces. A development agreement must be reviewed by both the Planning Commission and City Council, and is adopted by ordinance. General Plan Amendment Staff has prepared the following changes to the Land Use Element, taking into consideration the Commission's desire to ensure that additional parking at Newport Harbor High Schools is secured and following the approach discussed in the previous section. The existing gross floor area is the base development allocation and the higher gross floor area reflects the applicant's proposal to increase the area by 21,741 square feet. "Cliff Haven Area (Statistical Area H3) 3. Church Site at 15th Street and St. Andrew's Road. . This site is designated for Governmental, Educational and Institutional Facilities. site is allanated 400,428 sq. . The site has a base allocation of104 440 so. ft. of gross floor area The site may be developed with up to a total of 126,181 so. ft. of gross floor area. provided that the property owner enters into a development agreement 70 parking spaces to contain no fewer than 322 total spaces." Charter Section 423 Analysis Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if the 100 peak hour trip, 40,000 square foot or 100 dwelling unit thresholds are exceeded. Eighty percent of floor area, units and peak hour trips attributable to prior amendments adopted after December 15, 2001 within the same General Plan statistical area are added to amounts calculated for the proposed GPA. The project site is within Statistical Area H3 — Cliff Haven Area. No prior amendments have been adopted by the City after December 15, 2001. The proposed amendment St. Andrews Church Expansion December 9, 2004 Page 5 requests approval of 21,741 square feet of entitlement and does not include any dwelling units; therefore voter approval is not required based on these two Charter criteria. However, an analysis of peak hour trips is required. City Council Policy A -18 requires that morning (AM) and evening (PM) peak hour vehicle trips be determined for the use accommodated by the proposed increase in entitlement. The total peak hour trips for 21,741 square feet of church use is 15 AM and 15 PM trips. Therefore, the proposed project does not exceed the 100 peak hour trip threshold specified by Council Policy A -18 and a vote is not required. Should this project be approved, 80% of the building area and traffic increase will be tracked for ten years, as required by Section 423. RECOMMENDATION Based upon the direction given at the prior meeting, staff recommends adoption of a resolution recommending that the City Council certify the Environmental Impact Report and approve General Plan Amendment No. 2003 -001, Code Amendment No. 2003 -002 and Use Permit No. 2002 -056. Staff was unable to prepare a draft resolution prior to publishing this report and one will be provided in advance of the meeting. Prepared by: Submitted by: Exhibits 4 inner Sharon Z. Woo sistant City Manager 1. Revised Traffic Management Plans 2. Revised draft conditions 3. Parking condition 4. Additional correspondence received Exhibit No. 1 Traffic Management Plans Separate 1 Draft Conditions of Approval Use Permit No. 2002 -056 Operational Conditions 1. The hours of operation for the entire church campus shall be between the hours of 7AM to 10PM daily except that the Youth and Family Center (Building E) may be open till 11 PM Friday and Saturday. With a few exceptions for holiday programs and special events as defined in other conditions, program events of more than 400 persons shall not start later than 8PM and shall 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. 2. Occu ancy of the entire church campus shall not exceed people on Sundays, people on Wednesday evenings and flo people on all other evenings. Evenings are defined as the time after 6PM any given day. At other times, overall concurrent site occupancy (including children) shall not exceed the maximum number of persons using a 3 persons per parked vehicle ratio taking into account available parking over time authorized by the City. For example, if 250 off -street parking spaces are available at a given time or day, 750 people is the maximum total site occupancy. Notwithstanding these occupancy limitations, concurrent site occupancy within various buildings may exceed the established limits on the f 1 owin holidays and special days of worship: 3. Weekday memorial services shall not be scheduled before 1 PM when school is in session at Newport Harbor High School. 4. No private school from above kindergarten shall be operated on -site without an amendment to the Use Permit. The maximum concurrent occu anc of the reschool and kindergarten shall be children. 5. Coach bus pick -up and drop -off shall occur at curbside either on 15th Street 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. 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. 7. The on -site parking facilities shall not be used for activities other than parking and loading /unloading of for events. Notwithstanding this limitation, use of the parking facility on a day to day basis as a children's play area in conjunction with the preschool, kindergarten is permitted. Use of the parking facility for other events is allowed and is limited to three (3) times per calendar year. Use of the parking facility for any use other than parking shall be properly supervised and must not create any hazardous conditions. No amplified sound shall be allowed at events held in the Draft Conditions of Approval Use Permit No. 2002 -056 parking facility. Uses and attendance of the parking facility shall be reported to the City in accordance required monitoring provisions of this Use Permit. 8. A minimum of 40 minutes shall be maintained between worship services or special events that are expected to have more than 800 participants. 9. Total gross floor area that may be developed on the project site shall not exceed 21,741 square feet. 10. Use of the gymnasium 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 or similar types of events. Use of the gymnasium as a venue concurrent with other assembly spaces within the entire campus shall be subject to the overall site occupancy limitations. 11.Youth events shall be properly supervised to discourage youth from loitering or making excessive noise on the site. The church shall encourage the use of the below grade lobby circulation area of Building E for access to below grade parking areas for. entering and exiting the Youth and Family Center for all youth events. Youth events shall be given priority parking in the lower level of the parking facility. 12. Limited overnight use is permitted for church youth programs. The number of events shall not exceed 12 per calendar year. The church shall notify, 24 hours in advance of such overnight events, any resident residing within 300 feet of the project site who has specifically requested such notification. The notice shall include the supervisors 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 200 in the aggregate.) 13.Weekday parking during business hours in the lower level parking facility will be assigned to staff and NHHS students (by permit). 14. During worship services or special events with over 800 persons in attendance, worship service or event participants and youth workers and other staff shall park within the NHHS 15th Street parking lot subject to the terms of an agreement with the Newport Mesa School District. 16. The Clay Street entrance /exit to the St. Andrew's parking lot shall be closed except for emergency vehicle access. A gate shall be provided which shall meet all 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 6 -foot high screen wall shall be constructed along Clay Street made of decorative concrete block. fz Draft Conditions of Approval Use Permit No. 2002 -056 Landscaping and a permanent irrigation system shall be installed between the wall and the sidewalk. The width of this planter shall be sufficient to provide adequate area for plantings to screen or soften the wall in an aesthetically pleasing manner. The design of the wall and the landscaping shall be reviewed and approved by the Planning Commission prior to the issuance of a building permit. 17. The applicant shall implement all measures contained within the Traffic Management Plan (TMP) for Construction and the Traffic Management Plan for the St. Andrew's Expansion Project both prepared by Linscott Law & Greenspan and dated November 24, 2004. These TMPs shall be subject to further review and correction by the City Traffic Engineer. Modifications of the TMPs may be authorized from time to time by the City Traffic Engineer and Planning Director provided that they are limited to eliminating unnecessary aspects of the TMPs or implementing new or altered traffic or parking management techniques that improve traffic and parking management. 18. Pedestrian openings from Clay Street to the church campus shall be provided as required by the Building Code and Fire Marshal. These openings shall be for emergency access only and access points shall not be otherwise used for access to the site. 19.The St. Andrews Road driveway accessing the parking lot shall be a left in and right out only and be closed (except for emergency exittentrance) after 5:OOPM. The applicant shall make necessary changes to the configuration of the driveway on the site plan to discourage these turning movements. The applicant shall install proper regulator signs accordingly. The design of the driveway and the location and content of signs shall be subject to the review and approval of the City Traffic Engineer. 20.The applicant shall enter into an off -site parking agreement guaranteeing that an adequate number of off - street parking spaces shall be provided for the project site for a minimum duration of 30 years. The form and content of such an agreement shall be subject to the review and approval of the City Attorney and the Planning Commission. The agreement shall be executed prior to the issuance of any building permits for the construction of the St. Andrews Expansion project. 21. In the event that the Church should lose the right to use parking at within the 15th Street parking lot at Newport Harbor High School, the church shall immediately file for an amendment to this use permit to provide alternate and adequate off - street parking at a separate location, or the church shall modify its activities to reduce overall parking demand to that commensurate with available off- street parking. 22.The church shall monitor attendance of the entire church campus and shall file a written report of the occupancy to the Planning Director on a quarterly basis. 13 Draft Conditions of Approval Use Permit No. 2002 -056 Standard Conditions Planning Department 1. The development shall be in substantial conformance with the plans stamped "Revised" and marked "Received 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 specked 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 property owner. 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. II Draft Conditions of Approval Use Permit No. 2002 -056 9. The applicant shall be responsible for the payment of all applicable City plan check and inspection fees. 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. IS Draft Conditions of Approval Use Permit No. 2002 -056 20. The project shall comply with Adherence to SCAQMD Rules 431.1 and 431.2, which require the use of low sulfur fuel 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 properly 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. 26.A site - speck 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 specific 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 1-� 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 Newport Beach Standard Drawings; and (5) the most current locally adopted version of the California Building Code. 28. The removal of asbestos containing materials shall be performed in accordance with methods specified in 8 CCR 1529, SCAQMD Rule 1403. 29. Friable asbestos containing materials. (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 asbestos containing materials (e.g., floor the 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 (NOI) 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. 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, prior to demolition work, 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. 36. The applicant shall submit a Construction Traffic Control Plan (including a bike lane detour plan if determined necessary by the City's 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. 11 Draft Conditions of Approval Use Permit No. 2002 -056 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 specified. 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 final proposed site plan shall be subject to review by the Newport Beach Police Department prior to the issuance of a building permit. 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. The final photometric plan shall be subject to the review by the Newport Beach Police Department to verify compliance prior to the issuance of a building permit. 42. Convex mirrors shall be used parking structure. The number review and approval of the Department. to eliminate hiding places within the and location of such mirrors shall be City Traffic Engineer and Newport subterranean subject to the Beach Police 43. If Newport Harbor High School students are given a permit and are allowed to park in at the St. Andrews site during school, the church shall be responsible for an negative issues that arise, which can lead to revoking permission to park at the site of any offending student. 44. Prior to issuance of the demolition permit, St. Andrews 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 address the construction phase and shall identify the manner in which construction i Draft Conditions of Approval Use Permit No. 2002 -056 parking will be accommodated without utilizing on- street parking in the adjacent residential neighborhood. 45. Prior to issuance of the demolition permit, the church or 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. lI Draft Conditions of Approval Use Permit No. 2002 -056 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. Andrew's 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: a) Shaffer 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. Mo Draft Conditions of Aaproval Use Permit No. 2002 -056 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 site plan. The plan shall provide additional emergency access point within the parking garage to the stairwell located near the intersection of 15th Street and Clay Street. Should these emergency access points be gated to prohibit non - emergency ingress, all gates or doors shall have fitted with Knox key access (or an approved equivalent) and panic hardware for emergency egress. All of these features shall be subject to the review and approval of the Fire Marshal prior to the issuance of a building permit. 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 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 either intemally or externally 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. It Draft Conditions of Approval Use Permit No. 2002 -056 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. 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. All 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 contained within the Newport Beach Design Criteria, Standard Special Provisions & Standard Drawings ZZ Draft Conditions of Approval Use Permit No. 2002 -056 for Public Works Construction. Final designs shall be reviewed and approved by the City Traffic Engineer. 81. All 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 or the applicant shall apply for an Encroachment Permit and receive approval to maintain these structures. 84.The two existing driveways cuts (St. Andrews Road & 15th 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 shall be separately reviewed by the Public Works Department pursuant to applicable standards and procedures. 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 a drainage plan and 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. 23 Draft Conditions of Approval Use Permit No. 2002 -056 89. Prior to issuance of a grading permit, the applicant shall submit an erosion /siltation 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. 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. �A Draft Conditions of Approval Use Permit No. 2002 -056 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. 2-1� St. Andrews DRAFT Parking Conditions Prior to issuance of a building permit, the Applicant shall enter into an off -site parking agreement (the "Parking Agreement ") with the Newport-Mesa Unified School District (the "District ") in a form acceptable to the Planning Commission and the City Attorney. The Parking Agreement shall contain the following provisions or reasonable variations thereof, and other such provisions as may be required by the Planning Commission: (a) As described in the Parking Agreement, the Applicant shall have the duty to reconfigure, repair and refurbish the parking lot owned by the District directly north of 15th Street, across from the Applicant's property (the "15th Street Lot") to add at least 70 parking spaces the majority of which will be 8'6" standard size parking spaces to the 15th Street Lot (the "Added Spaces "). With the Added Spaces, the 15th Street Lot shall have at least 322 parking spaces which are approved by the City Traffic Engineer as meeting, at a minimum, the City's standards for parking space size, aisle width, ingress and egress. (b) The Parking Agreement shall provide that the Applicant shall have the right to use all of the 15th Street Lot during weekday non - school and non - school event hours and on all days when school is not in session, for parking for at least 322 vehicles, for no or nominal consideration; (c) The Parking Agreement shall allow the Applicant's employees, volunteers, members, guests and other users affiliated with Applicant (the "Church Parkers') to use the 15th Street Lot; and C:\Documents and Settings \jcampbell\Local Settings \Temporary Internet Files \OLKSF\St Andrews Parkingldoc [SI (d) The term of the Parking Agreement shall be for a period of "at least thirty (30) years. The Applicant shall have the right to automatically extend the Parking Agreement for consecutive two (2) year periods if the 15th Street Lot is then in existence, and no plans to redevelop the 15th Street Lot, or to sell or ground lease the 15th Street Lot, have been adopted by the District as of the effective date of each such extension. 2. Until the 15th Street Lot, including the Added Spaces, is improved with 322 spaces and is available to be used in its entirety by the Church Parkers pursuant to the Parking Agreement, no building permit for the expansion of the Applicant's facilities shall be issued. The right of the Applicant to occupy Applicant's entire expansion area shall at all times be conditioned on the availability of at least 322 parking spaces in the 15th Street Lot for use by the Church Parkers pursuant to the Parking Agreement. 3. If any of the 322 spaces in the 15th Street Lot is not available for use by the Church Parkers pursuant to the Parking Agreement (the "Lost Spaces "), then the Applicant shall not be entitled to occupy any of the expansion area until the Applicant has provided alternative parking spaces to take the place of the Lost Spaces (the "Alternative Spaces "). Acceptance by the City of the location of the Alternative Spaces shall be subject first to a finding by the Planning Commission that the Alternative Spaces are comparably convenient to the Lost Spaces in the 15th Street Lot. 4. References to the Planning Commission shall be deemed to mean the City Council if any determination of the Planning Commission is appealed to the City Council C:\Documents and Settings\jcampbell\Local Settings \Temporary Internet Files \OLKSF\St Andrews ParkingZdoc 3� Q rA Memo Date: November 17, 2004 RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH NOV 17 2004 PM 7171 g 19 11 0 11 1 11 2 11 12 13141516 To: Don Krotee, Newport Heights Improvement Association From: Joann Lombardo Re: Preliminary Reply to City Response to Comments dated 11/11/04 St. Andrews Church Expansion EIR Thanks for providing me a copy of the 11/18 Planning Commission Staff Report, which included a response to my July 16, 2004 comment letter. Typically, public agencies send response to comments directly to the commenter. Having just received the staff report, my replies to the City responses are preliminary. These preliminary replies are provided below; following the listing of my original comment as included in my July 16th letter. Please let me know if you have any questions. Construction Impacts: ... 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. Preliminary Reply: The City response does not address: 1. Significant adverse affects on sensitive receptors (i.e., adjacent students and residents) 2. Short term noise and traffic impacts should the grading /excavation /construction spill into the school year. P 0 Box 15592 Newpod Beach CA 92659 Tel: 949 650 3206 Fax: 949 648 6981 a -mail: joann@jalcps.com 3. The expected excedence of SCAQMD thresholds related to reactive organic gases. Traffic Counts: ...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. Preliminary Reply: The comment letter provides no response to this comment. 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... Preliminary Reply: The response does not adequately address this issue. If the church's current operations exceed a maximum of 1,387 persons during Sunday services, and they are admittedly creating thousands of square feet of "multi- purpose" areas, certainly more than 1,387 visitors at any one time can be expected. In fact the City response goes on to state that 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." Again, the DER needs to examine this reasonable worst case of increased use and activity over time. Again, the current mitigation measure limiting maximum attendance to 1,387 persons, can only mitigate impacts if the precise operations of monitoring are spelled out, and the precise consequences of the church exceeding that capacity is also spelled out. 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... Preliminary Reply: The comment letter provides no response to this comment. Realonal Facility: ...The church as proposed would be one of the largest religious facilities in the state. Certainly, the project would create a regionally sized facility. Page 2 of 3 3W 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. Preliminary Reply: The response does not adequately address this issue. In terms of square footage, the church is a regionally sized facility. The church in fact recognizes itself as drawing members from outside the community (i.e., regionally,) and being a leader in worldwide missionary efforts. 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 11 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. Preliminary Reply: As noted above, the response does not address: 1. Significant adverse affects on sensitive receptors (i.e., adjacent students and residents) 2. Short term noise and traffic impacts should the grading /excavation /construction spill into the school year. P O Box 15592 Newport Beach CA 92659 Tel: 949 650 3206 Fax: 949 548 6981 e-mail: loann@jaicpr,.com 3 ROBERT S. COLDREN 605 Kings Place Newport Beach, CA 92663 (949) 642 -8449 November 17, 2004 VIA FACSIMILE AND U.S. MAIL (949) 644 -3008 Honorable Mayor Ridgeway Council Members 3300 Newport Blvd. Newport Beach, CA 92663 Re: St. Andrews Expansion Dear Honorable Mayor and Council Members: I am writing to you on my own behalf, and on behalf of my family. RECEIVED '04 NOV 22 A 9 :35 OFFICE OF THE CITY CLERK rlry Cr �;�;+4pORT BEACH Date `O Copies Sent To: tayor uncii Member 'If T—Manager ,,E7'kttorn ❑ We have lived in Cliff Haven for 20 years. Both of my children attended St. Andrews preschool, and I have a junior at Newport Harbor High School now. My wife and I vote at St. Andrews. My wife, Brooke and I oppose the St. Andrews expansions. We would urge you to invite the church to make full use of its existing facilities in order to continue its very good, commendable, and admirable works. We live about two blocks from the church, and yet church parking still makes its way down to our street. I have not conducted a formal survey, but I can tell you that, of the neighbors I have spoken with, virtually all of them are opposed to any expansion at St. Andrews (excepting, of course, some church members). I have researched the issue of the St. Andrews expansion, have read the DEIR and many letters and staff reports, etc., and this mountain of paperwork simply buttresses what I believe to be the overriding consideration; St. Andrews has been built out to its absolute maximum capacity for the neighborhood (and perhaps beyond) as a result of the expansion in the early 80's, and thus, absolutely no additional revisions to the entitlements, and certainly no amendment to our general plan, is in order in order to accommodate yet more extensive development on the site. St. Andrews was envisioned as a community church (e.g. neighborhood church). The proposed expansion is designed to serve perceived outreach needs. Such a facility would be far better suited to another location. R013COL.000 /260.0 Honorable Mayor Ridgeway Council Members November 17, 2004 Page 2 A few specific points of a rather technical nature I wanted to be sure where on the record: I believe that the letter of April 26, 2004, of Joanne Lombardo, addressing the DEK raises very good concerns about the sufficiency of the DEK concerns which to this day have not been addressed adequately. I would like to raise objection to the DEIR, and to incorporate by reference all of the points made in ,that letter. 2. It is my understanding that the CC &R's (Conditions, Covenants and Restrictions) for the Cliff Haven tract were specifically modified by the then property owners in order to allow the original neighborhood church to be constructed. The proposed expansion of St. Andrews would, however, violate the still existing terms of those CC &R's respecting restrictions such as set backs, etc. While I understand it is not the province of the City to enforce private restrictions, in the context of the DEIR, the City must be satisfied that the project as conceived can be constructed, and that the project mitigations are feasible. It is in this connection that I raise this objection. 3. I have seen the letter from ex -Mayor Evelyn Hart, and have heard from others involved during the entitlement hearings of the early 80's expansion, and I have come to the conclusion, based upon this information, that St. Andrews made a commitment at the time to the neighborhood that it would not seek any further expansions in the future. I would appreciate hearing a response directly from John Huffman, who was the chief representative of the church at that time. I believe that the City is entitled to a response, since otherwise, the City, having brokered a peace in the early 80's, would find itself complicit in approving a project that violates a central pillar of that earlier resolution. 4. I understand that one proposed traffic mitigation consists in binding reciprocal agreements between Newport Mesa School District and the church respecting shared parking. Parking is already shared, and yet parking remains a neighborhood wide issue during church events. Additional parking, of course, simply exacerbates traffic issues. I question whether a formal agreement granting reciprocal parking easements would be lawful, given the constitutional and statutory restrictions not only on use of school district property, but on school sponsored parking offsite as well. ROBCOL.000/2640 3� Honorable Mayor Ridgeway Council Members November 17, 2004 Page 3 In conclusion, my family urges you not to sacrifice the quality of our neighborhood in some misguided effort to "force a square peg into a round hole ". Please deny the St. Andrew. expansion. RSC /nb cc: Larry Tucker, Chairman Barry Eaton ROBCOL.000/2640 --Zg PLAN RECEIVED By November 22, 2004 CITY OF NEWPORT BEACH NOV 2 2 2004 7181911011 M Staff / Planning Commission/ Mayor Ridgeway and Council 1 112111213141516 City of Newport Beach 3300 Newport Boulevard Newport Beads, California 92663 Re: St. Andrews Expansion Dear Sirs and Madams: Thank you for your hard work and endurance. We would be remiss not to say that the neighborhoods feel quite a resounding defeat. Our constituents keep calling and asking, 'What were the Planning Commission they thinking of?" .In hearing our neighbors' concerns, please allow us to address a few of the decisions that might bear modification before a vote is taken. First, in regard to the size of the facility, the Commission seems to be of the thinking that the size of these programs and their square footage won't matter. That particular intuition seems flawed when one considers that St. Andrews now has more than 3 times St. Marks Presbyterian size, and operates /exists in our small neighborhood under the special arrangement, on R -1 zoned property, care of the admittedly flawed and current CUP. We are hopeful that the Commission is serious about'making a current bad situation in the neighborhoods, better'. However, in regard to establishing occupancy maximums, the neighbors find it very troublesome that the 600 max occupants (defined by St. Andrews themselves as the existing Wednesday occupancy peak) would be doubled to offer a 'limit of occupancy' of 1200 for Wednesdays and Fridays. This certainly seems to say to the neighborhoods, 'ft's ok if these two days of the week are twice as bad as the already busy Wednesday'. The parking shortage and the hopes of a resolution to that shortage, pinned on a joint use agreement with Newport Mesa Unified School District, would not seem to improve traffic flow, now open to enormous increase due to the Commission buying off on St. Andrew's new and aggressive occupancy limits. These occupancy limits were arrived at, unfortunately, by discarding the more reasonable occupancy limits proposed by the neighbors, A planning decision to create more parking is great for the current parking problems, but increasing the traffic into the neighborhood (by allowing greater occupancy limits), even if the pilots eventually find a place to land, is disruptive to the peace and tranquility we all enjoy in our neighborhoods. We know you all must think at some point, 'what would I want for my own home and neighborhood ?" And, we hope you challenge that insight in your future decisions for our Community. This is especially true where underground- parking garages might be placed in single - family neighborhoods to allow applicants to secure their development wishes for a project that no one wants. In regard to the condition of approval requiring the church to build a wall separating itself from the neighboring residential community, we are grateful for the opportunity to provide input into the design of the wall. However, you are poised to accept a plan offering a reduction in the reduced landscape setback left us by the applicant. We ask that you condition this Clay Street side with a setback equal to the width of the current landscaping. This compensatory wall treatment offered by the Commission will not be sufficient to compensate us for accepting a larger development and years of occupancy limits increased. 3`3 Council and Commission November 22, 2004 Page 2 of 2 In regard to the staff researching a parking ratio that will be suitable for St. Andrews large development, when Commissioner Eaton's colleagues researched and found a ratio 'below 2.0 for similar planning at St. Marks', in that there was no opportunity for on -street parking, the immediate suggestion of 2.5 for our neighborhood was made, presumably since Cliff Haven has plenty of space in front of its homes for St. Andrews to continue to park. In regard to the Planning Commission feeling that'it is too late for alternative planning', we want to say that we hope it is never too late to protect a neighborhood from the affect of over - development. This facility is too large for its neighborhood setting today. It has a CUP now. Allowing it to amend a general plan on the way to doubling its occupancy is an exercise in poor planning. Perhaps the Planning Commission may feel, as they stated In the November 18, 2004 meeting, that there has been plenty of consideration of the neighborhoods' wishes and that St. Andrews can be 'taken at their word' in regard to their vast spatial needs in their Needs Assessment. The neighborhoods are anxious to remind the Planning Commission, and eventually to City Council that "it is never'too late' for reasonable planning'. Yours truly, Original signed and sent Donald Krotee AIA President, Newport Heights Improvement Association Original signed and sent Brian Brooks President, Cliff Haven Community Association qd November 26, 2004 Staff! Planning Commission/ Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re: St. Andrews Expansion Dear Ladies and Gentleman: PLAIVNII CEIVEp 8Y CITYO N PORR E NT 78DEC 0 2 2004 19110111112111213141 16 A historic context of promises not kept for this unprecedented church expansion has been bantered about, but notdarified. We need the public record dear. This is the plain truth and my personal testimony. Twenty -two years ago, during the St. Andrews first huge expansion, the City accepted volunteers to a committee to work out planning differences between St. Andrews and it's community. During this approval process, the neighbors received at first, a very large multi story tower for the senior minister and a huge parking garage. This proposal, much like today, was being noshed through City Halt, despite the repeated objections from its neighbors. After several months, on September 27, 1982, on the late afternoon of a Council vote, the church, who was supposed to be gaining consensus 'of the neighbors' (sound familiar?), had stuck to its guns and pushed the City fathers to their knees and carefully counted the Council votes to shove through the St. Andrews parking garage and a 7- story ocean view complex. Sometime during the late afternoon St. Andrews had, through the usual back room maneuvering, found that they didn't have the Council votes for the mega church. This made a last ditch planning revision necessary for Dr. Huffman and the leaders of the church. Myself, Pete Gendron, as the key committee members and officers of the Cliff Haven Community Association, accompanied Dr. Huffman to St. Andrews, where, behind closed doors, St. Andrews decided to make the necessary abbreviation and changes to their plans. NS Council and Commission November 22, 2004 Page 2 of 2 When Dr. Huffman and the building heavyweights had paired back the tower, abandoned the underground parking Garage and reduced the plan to the size that is today constructed, he presented it to Pete and I. It was at this time that he promised, if we let him build this, and make this presentation to the City Council, he could 'save face and would never again expand. Pete and I, for Cliff Haven, personally accepted this promise. The neighborhood Association was simple then and this Adhoc committee kept no minutes. This is why staff could find no public record of such a promise, when they were asked by today's Planning Commission to'check into the making of 'a promise' during today's St. Andrews General Plan assault. However, the promise was common knowledge among the players; this is why Evelyn Hart feels the same way as many, as she states in her letter of March 6, 2003, when she says, her impression °was that approval would be the final straw of development". These are arguments for Council, but it is important to have this statement in the Planning Commission package in that this City is on the cusp of a terrible public approval. The people of this City should know that this approval could kick open the door for oversized churches and under parked facilities every where, that General Plans are nothing when it comes to 'church applicants' and promises, made by powerful church players, mean nothing in regard to protection of a community. Everyone in that room is dead except for Dr. Huffman, Milan Dostal, Pete Gendron and myself and I invite Dr. Huffman's testimony, on the floor of City Council, to refute these facts. As the Commission and Council continue to ask themselves about the issue of genuine trust, it is important that the applicant be seen as 'having a record in regard to obtaining 'trust'. And, it is not a record that speaks positively for the applicant. Wake up City of Newport. % rs ly, Barbara'Corki' Rawlings Secretary Newport Heights Improvement Association Past president 1980's Cliff Haven Community Association is true' n d correct Peter Gendron Past President, Cliff Haven Community Association Lt2 RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH November 18, 2004 DEC 0 3 2004 Kevin Healy PM 464 Santa Ana Ave. 718911011111211 1213141516 Newport Beach, CA 92663 Staff, Planning Commission, Mayor Ridgeway and Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Re: St. Andrews Presbyterian Church — A 2.5 size Super Church who wants to expand ? ?? Dear Staff, Honorable Sirs/ madams: The proposal by St. Andrews Presbyterian Church is ludicrous. They are already considered a "Super Church" in size and in fact are 2.5 Super Churches in )our small neighborhood) membership alone. Therefore, I ask that the City deny any expansion on this site. On behalf of my neighbors and my family, I ask you to deny this application. The neighborhood leaders have been basically stonewalled by St. Andrews who want to appear as though they have listened, but all they have done to date is revise their plan downward to and area that is slightly higher to whatever area requirement the Planning Commission has, arbitrarily selected. Second, as keepers of the City, we want better for our neighborhoods than what 'CEQA will allow'. I understand the DEIR suggests little impact. I ask that you do not certify this. I voice strong disagreement using fundamental logic, history and seeing the present traffic and parking conditions. If St. Andrews wants to expand further they should consider an off site facility- it is what every super- church does. They are all successfully relocated in an area having better access. For the value and the well being of the community, to which the church is an interregnal part, have St. Andrews remodel their building without significant expansion or move. In this way St. Andrew's simply needs to remodel and "have a less impactful net gain of area and no parking garage ". There are now alternative building studies that show this- this is the way to go. Please ask St. Andrews to improve their quality and not there size. The current CUP should indicate, "they are big enough ". Thank you. Yours truly, l q3