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HomeMy WebLinkAboutNewport Beach LDS Temple (PA2001-208)ba, CITY OF NEWPORT BEACH Hearing Date: October 3, 2002 orb PLANNING DEPARTMENT Agenda Item: 2 6 3300 NEWPORT BOULEVARD Staff Person: James Campbell NEWPORT BEACH, CA 92658 (949) 644 -3210 (949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 day3 SUPPLEMENTAL REPORT TO THE PLANNING COMMISSION PROJECT: Newport Beach LDS Temple (PA2001 -208) 2300 Bonita Canyon Drive New Information The city received a comment letter late Monday from Allen Murray that questioned the height of the steeple of the Stake Center. Staff dispatched a survey crew and verified that the Stake Center is not 86 feet high, but rather 68 feet high. The figure of 86 feet was taken from the building permit plans approved by the City of Irvine and there was no evidence of a field correction. Prior to these events, staff had no indication that the Stake Center steeple was not built according to plans. The new information has the following possible implications: Environmental Impact Report The change in height of the Stake Center steeple has no impact upon the aesthetic analysis contained within the EIR as the analysis was not based upon a comparison of the project with the Stake Center. No statements within the EIR are made quantifying any relationship between the two structures. The analysis within the EIR is based upon the crane and photo simulations. The height and location of the crane was verified at approximately 124 feet by a survey conducted by a professional engineer. The new information that the Stake Center steeple is 18 feet lower than previously thought does not result in the identification of any new significant environmental information. Therefore, staff believes that the analysis and conclusions of the EIR remain valid. Staff has prepared a response to the Murray letter as well as other letters commenting on the project received since the previous meeting (Exhibit No. 1). Staff's Previous Recommendation The 100 -foot alternative was identified for discussion purposes and there was no quantitative method used to arrive at the height. It was identified as it would meet project objectives and it was thought that any reduction in the height would incrementally lessen the visual impact of the project, with all other things being equal. The new information on the height of the Stake Center does not alter the conclusion or recommendation staff has presented as the analysis was based upon an extensive field survey conducted when the crane was installed at the site in January of 2002. The height of the Stake Center steeple is one of many factors to be weighed in determining whether or not the height requested is compatible with the area. It is not known if lowering the height of the Temple further would meet project objectives to the same extent as achieved by a 100 -foot Temple. Submitted by: Prepared by: Sharon Z. Wood JAMES W. CAMPBELL Assi t City Manager Senior Planner Exhibits: Additi 1 responses to comments (separate) REPORT TO THE PLANNING COMMISSION PROJECT: Newport Beach LDS Temple (PA2001 -208) 2300 Bonita Canyon Drive SUMMARY: A Use Permit and Site Plan Review to allow the construction and operation of a place of religious worship on an 8.6 acre site within the Bonita Canyon Planned Community. The Temple is planned as a 17,575 square foot building in the center of the property, surrounded by 5.5 acres of gardens, walkways, and water treatments in the. western portion of the project site and parking in the eastern and northeastern perimeters of the site. The request also includes consideration of a 124 -foot high steeple that would exceed the maximum allowable height of 50 feet. ACTION: Conduct a public hearing and Adopt Resolution No. certifying Environmental Impact Report No. 2002 -001 and approving the Use Permit No. 2001 -036 and Site Plan Review No. 2001 -005 (PA2001 -208) subject to conditions. APPLICANT: Church of Jesus Christ of Latter Day Saints 50 E. North Temple Street, Salt Lake City, UT 84150 Introduction This item was continued from September 5, 2002 in order to facilitate proper noticing of the Notice of Availability or Notice of Completion of the Draft Environmental Impact Report (EIR). At the conclusion of the previous meeting, the Commission directed the applicant to explore the potential for flexibility regarding the height and lighting of the Temple. At the last meeting, a large petition was submitted with what appears to be approximately 1000 signatures in favor of the project. It appears that all of the signatures are of Newport Beach residents and the petition is identical, so staff has attached a copy of only one signed petition. Should the Commission desire to review the entire petition, it is available in the Planning Department as part of the administrative record. Discussion During the previous meeting, the majority of the discussion was focused on the height of the steeple, proposed lighting and the adequacy of the EIR. Holiday lighting was discussed and an inquiry was made about the depth of the fill proposed through project grading. Commissioner CITY OF NEWPORT BEACH Hearing Date: October 3, 2002 PLANNING DEPARTMENT Agenda Item: 2 3300 NEWPORT BOULEVARD Staff Person: James Campbell NEWPORT BEACH, CA 92658 (949) 644 -3210 (949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 da s REPORT TO THE PLANNING COMMISSION PROJECT: Newport Beach LDS Temple (PA2001 -208) 2300 Bonita Canyon Drive SUMMARY: A Use Permit and Site Plan Review to allow the construction and operation of a place of religious worship on an 8.6 acre site within the Bonita Canyon Planned Community. The Temple is planned as a 17,575 square foot building in the center of the property, surrounded by 5.5 acres of gardens, walkways, and water treatments in the. western portion of the project site and parking in the eastern and northeastern perimeters of the site. The request also includes consideration of a 124 -foot high steeple that would exceed the maximum allowable height of 50 feet. ACTION: Conduct a public hearing and Adopt Resolution No. certifying Environmental Impact Report No. 2002 -001 and approving the Use Permit No. 2001 -036 and Site Plan Review No. 2001 -005 (PA2001 -208) subject to conditions. APPLICANT: Church of Jesus Christ of Latter Day Saints 50 E. North Temple Street, Salt Lake City, UT 84150 Introduction This item was continued from September 5, 2002 in order to facilitate proper noticing of the Notice of Availability or Notice of Completion of the Draft Environmental Impact Report (EIR). At the conclusion of the previous meeting, the Commission directed the applicant to explore the potential for flexibility regarding the height and lighting of the Temple. At the last meeting, a large petition was submitted with what appears to be approximately 1000 signatures in favor of the project. It appears that all of the signatures are of Newport Beach residents and the petition is identical, so staff has attached a copy of only one signed petition. Should the Commission desire to review the entire petition, it is available in the Planning Department as part of the administrative record. Discussion During the previous meeting, the majority of the discussion was focused on the height of the steeple, proposed lighting and the adequacy of the EIR. Holiday lighting was discussed and an inquiry was made about the depth of the fill proposed through project grading. Commissioner Selich requested a discussion of the relationship between the Bonita Canyon PC text and the Zoning Code as well as a discussion of the church exemption to height limits within Section 20.65.060(G). Each of these issues is discussed below. Height The Commission requested that the applicant identify what, if any, flexibility there is with regards to height of the Temple. The applicant has been in contact with Church officials in Salt Lake City, but has not submitted any changes to the proposal. Staff has drafted two resolutions for project approval with two different height limits: 100 feet and 123 feet 9 inches (applicant's request). Staff recommends the compromise height of 100 feet. Staff's analysis is that 100 feet will meet both the project objectives and address community concerns regarding compatibility of the structure with the surrounding area. Lighting Staff has drafted a set of conditions requiring the preparation of a final photometric study, prohibition of excessive lighting creating glare, and the ability to modify or dim the lighting if it presents a problem. These conditions are standard conditions applied to nonresidential or mixed use projects. Staff also proposes to limit the height of exterior lighting fixtures (20 feet in the parking lot, 10 feet for exterior walkways and 4 feet in the garden area). Limiting the height of fixtures will assist in limiting light spilling onto neighboring areas. Staff also proposes that lighting fixtures aimed at the Temple be located such that the angle from the ground is no less than 70 degrees. This angle is important in reducing the size of the "halo" effect by keeping the light more vertical. Lastly, staff has drafted a condition limiting the hours of exterior architectural lighting to 5:OOAM to sunrise and sunset to 11:OOPM. Holiday Lighting The applicant has no plans to create a holiday lighting display at this time. The City presently does not regulate or restrict holiday lighting displays for any land uses, and staff does not recommend that the LDS Temple be subject to any more restrictive regulation than applicable to other uses. However, staff recommends prohibiting additional architectural lighting of the Temple and steeple beyond what is proposed during the remainder of the year. Additionally, staff suggests that the applicant be held responsible for increased costs of public services if holiday displays generate increased traffic that necessitates increased services relating to traffic control measures. Staff believes that this provision would protect the public interest by mitigating potential nuisance issues by the least restrictive means. Environmental Impact Report Many speakers at the last meeting who spoke in opposition to the project disagreed with the conclusion of the aesthetics section of the EIR. No comments during the last meeting identified any new information to conclude that the conclusions of the EIR are invalid. No new information was presented that identified any new impacts. As noted previously, this matter was continued to LDS Temple (PA2001 -208)) October 3, 2002 Page 2 of 5 facilitate full noticing of the EIR. As of the writing of this report, no new comments on the EIR have been received. The extended comment period ends on September 3&, and if any comments are received, responses will be prepared and forwarded to the Commission for consideration at or before the meeting for incorporation within the Final EIR. Grading plan One question was raised during the last meeting regarding a perceived inconsistency between staff s statement that the fill below the Temple is between 5 -8 feet in depth and the description within the preliminary geotechnical report. The change in grade below the Temple building varies between 5 -8 feet based upon the preliminary grading plan. The preliminary geotechnical report cites that maximum fill depths of 10-12± feet are planned in certain areas of the site to achieve the elevations proposed. These statements do not contradict each other as the higher fill depths are necessary in some areas to level out the site, but the depth of fill below the proposed Temple building varies between 5 -8 feet. Relationship between the Bonita Canyon PC regulations and the Zoning Code A question was raised regarding the relationship of the Planned Community Development Plan and the Zoning Code regarding building height. Chapter 20.65 establishes height limits for all property within the City including all planned communities. Section 20.65.050 states that each planned community shall establish height limits as part of the planned community development plan. The Bonita Canyon Planned Community establishes a height limit for the subject property at 50 feet, which is consistent with the 32/50 height limitation zone established in Section 20.65.040 applicable to the Bonita Canyon Planned Community. Section 2.1.4 dictates that the PC Development Plan regulates all development within its boundaries and in cases where there is conflict between the PC Development Plan and the Zoning Code, the PC Development Plan prevails. In summary, any property within a PC district is subject to the development opportunities and restrictions of both the Zoning Code and PC Development Plan, with a PC Development Plan prevailing when in conflict with the Zoning Code. Section 20.65.060(G) establishes an exemption for church structures. It states that "church structures used for church purposes shall be exempt from restrictions of this chapter, except that any such structure exceeding .35 feet in height shall require a use permit " Therefore, since a Use Permit is required, but a church structure is exempt from the restrictions of the Chapter, the required findings for the Use Permit are the standard findings contained within Chapter 20.91 (Use Permits & Variances). These findings are discussed in the September 5, 2002 staff report. The applicant has prepared an analysis of the exemption opportunity for the Commission's consideration (Exhibit No. 2). In conclusion, staff believes the Use Permit before the Planning Commission is the proper application within which to consider the proposed 124 -foot height of the Temple. Staff does not believe that a Variance is the appropriate application as Section 20.65.060(G) clearly indicates that a church is exempt from height limits subject to the issuance of a Use Permit. LDS Temple (PA2001 -208)) October 3, 2002 Page 3 of 5 The Use Permit application and procedure as described has been used routinely in the past. St. Andrews Presbyterian, St. James Episcopal and St. Mathew's Episcopal churches have processed Use Permits under similar circumstances for structures that exceeded applicable height limits. St. Andrews and St. James are not located within planned communities and are subject to conventional zoning. St. Mathew's Episcopal Church is located within the Bonita Canyon Planned Community and received approval of a Use Permit for a 75 -foot high steeple and cross. Using the same application procedure for the project is consistent application of the development regulations and procedures. Recommendation Staff has prepared two draft resolutions for the Commission to consider. The first resolution approves the project with the height of the Temple not to exceed 100 feet. The second resolution approves the project with the height of the Temple as requested by the applicant. Staff does not recommend project approval with the Temple at 50 feet. This height is not consistent with stated project objectives and is not consistent with past approvals for structures to exceed height limits granted by the City for other religious institutions. Typically, staff does not stress past approvals as a precedent as it is well known that consideration granted in the past was based upon the specific facts and circumstances of the individual cases, and therefore not establishing a precedent. In this case, it is important to stress that this applicant must be provided the opportunity for consideration of a Use Permit to exceed the height limit pursuant to Section 20.65.060(G) consistent with past approvals. This does not mean that the City must approve a 124 -foot steeple. Staff recommends this application receive the same opportunity to exceed height limits as other churches subject to evaluation specific to this location and project. Based on evaluation of the LDS Temple and its location, as discussed in the report for September 5, staff recommends approval with the height of the Temple at 100 feet. Submitted by: Sharon Z. Wood Assist t City anager Prepared by: JAMES W. CAMPBELL Senior Planner LDS Temple (PA2001 -208)) October 3, 2002 Page 4 of 5 Exhibits 1. Petition in favor of the project 2. Letter from J. Bently on behalf of the LDS Church regarding the building height exemption for churches. 3. Letter from J. Bently on behalf of the LDS Church regarding the height and lighting of the Temple. 4. Additional correspondence received by staff since the last meeting. 5. Additional comments on the EIR and responses to comments (to be submitted at the meeting). 6. Draft resolution for project approval — 100 -foot Temple 7. Draft resolution for project approval — 123 foot, 9 inch high Temple LDS Temple (PA2001 -208)) October 3, 2002 Page 5 of 5 THIS PAGE INTENTIONALLY LEFT BLANK 0 Exhibit # I Petition in favor of the project a' THIS PAGE INTENTIONALLY LEFT BLANK PEITHON FOR APPROVAL OF THE TEMPLE USE PERMIT APPLICATION, SITE PLAN REVIEW AND ENVIRONMENTAL UYIPACP REPORT OF THE CHURCH OF JESUS CHRIS OF LA MAMA YSAINTS I am an adult resident of the City of Newport Beach. I hereby request that the City's Plarming Commission and City Council approve construction of the LDS Temple, proposed to be built at 2300 Bonita Canyon Drive, which presently includes the following elements: An approximately 17,500 square -foot temple on 8.65 acres - less than 5% lot coverage. (This is 1 /4th the size of the LDS Temple on the I -5 in La Jolla and 1110th the size permitted by city zoning.) • Setbacks winch exceed the city minimum by more than 80 feet on all sides. - Approximately 5.5 acres of landscaped areas. • 152 spaces of terraced landscaped parking, to serve an average capacity of 150 persons. • Soft lighting (less than virtually all non - residential facilities in the City of Newport Beach.) • A 91 -foot steeple atop a 32 -foot, 9 -inch, one-story Temple building for a combined total of 123' 9" above finished grade. • All building illumination to be kept on until 11 pm. I respectfully request that you approve this project as outlined above. Dated: Signature: Address: 7 !/ a THIS PAGE INTENTIONALLY LEFT BLANK )a Exhibit # 2 Letter from J. Bently on behalf of the LDS Church regarding the building height exemption for churches. THIS PAGE INTENTIONALLY LEFT BLANK �a BOSTON BRUSSELS CHICAGO FRANKFURT HAMBURG HONG KONG LONDON LOS ANGELES MILAN MOSCOW NEW JERSEY Via Fax/Reeular Mail Robert Burnham, Esq. Newport Beach City Attorney 3300 Newport Boulevard Newport Beach, CA 92663 Dear Bob: Latham a Watkins ATTORNEY^§ AT LAW WWW.LW,COM r SEP 17 2002 Garr September 13, 2002 Re: LDS Temple /City Church Height Exemption 5 it, NEW YORK NORTHERN VIRGINIA - ""RANGE COUNTY PARIS SAN DIEGO .N FRANCISCO LICON VALLEY SINGAPORE TOKYO 3HINGTON. D.C. n, No. 04532-0025 During our first Planning Commission hearings last Thursday, September 5", Bob Wynn delivered to the Commission's secretary a copy of the enclosure, "Church and Steeple Height Exemption: The Newport Beach Zoning Code Is Consistent With Federal Law ( "RLUIPA "). . This letter will amplify a few points raised in Bob's paper and at the hearings. One of the objections raised most often by those opposing our project, both before and during the hearings, is that we need some kind of special relief in order to exceed the normal 50 -foot height limit that applies to other new construction in Bonita Canyon Planned Community 50, including our site. As the Daily Pilot quoted Steven Brombal, the opposition's first speaker: "If they [the Mormons] had agreed to abide by the rules of a 50 foot height limit, we certainly would not be here tonight." The onoonents' position is based on the Bonita Canyon PC Development Plan, which imposes a 50 -foot height. limit on all covered property. Our position is that Municipal Code §20.65.070 -G exempts church' structures from this or any other height limit, so long as a use permit is issued.. This church- height exemption is extremely broad, as described at the end of this letter. We shouldn't have to justify and fight for every inch of steeple that goes above 50 feet. At the hearing, the Commission asked Robin Clauson to give them her opinion as to whether the PC text must specifically refer to the Zoning Code or the subsection G exemption in order for that exemption to apply, and whether silence itself constitutes a conflict that precludes use of the exemption. The Planning Department's Staff Report noted on page 5 that: "Where the Planned Community Develop- ment Plan is silent or does not provide sufficient guidance, the Newport Beach Zoning Code (Title 20 of the Municipal Code) is applied and where there is conflict between the PC Development Plan and the Zoning Code, the PC Development Plan takes precedence. " On page 6, it also states: "The Bonita Canyon PC Development Plan does not specify a procedure to deviate from structure height; therefore, the Newport Beach Municipal Code provisions apply." It then refers to the church height exemption in subsection G. 550 TOWN CENTER DRIVE. SURE 2000 • COSTA MESA, CALIFORNIA 92826.1925 TELEPHONE: 0141 540 -1235 • FAX; (714) 7 55-8 290 . 00558143.1 09-13- 2002 14:31 Robert Burnham, Esq. September 13, 2002 Page 2 We see no conflict here between the silence of the PC -50 Plan, which does not mention churches, and the general.zoning exemption of subsection G. Certainly, it shouldn't be necessary for a general exemption like that to be mentioned each place where it could apply in order to be effective. As a matter of fact, Bob Wynn has examined all 36 of the existing PC Development Plans at City Hall. He has determined that none of those Plans specifically refers.to any of the Zoning Code §20.65.070 "Exceptions to Height Limits," including the subsection G exemption for churches. ' All that is required in each case is the issuance of a use permit, without regard to the normal height limit in any particular PC zone. That is what we are requesting in this case, consistent with other churches in Newport Beach that have exceeded the prevailing height limits. When Patty Temple was asked by some Planning Commissioners whether she thought the 50- foot height limit had been applied to St. Matthew's-Church .across Bonita Carryon. Drive from our site, Ms. Temple confirmed that St. Matthew's received a use permit (initially issued by the City of Irvine, then confirmed by the City of Newport Beach upon annexation) that included a steeple much higher than 50 feet, but without the need for any special relief or special process of any kind as to their steeple. Finally, we note that §20.65.070 -G gives churches far more latitude to exceed the normal height limits than any of the other items that are listed in §20.65.070 as "Exceptions to Height Limits". Only churches are said to be "exempt" from all restrictions of Chapter 20.65 (entitled "Height Limits "). . Other stated "Exceptions to Height Limits" —such as elevator shafts, enclosed stairwells, screened mechanical equipment, chimneys and vents, skylights and roof windows, flag poles and boat cranes —are, in turn, subject to other very specific limitations that have been imposed, above and beyond the general Planned Community height limits. However, there is no stated maximum limit for churches! The only requirement for a church structure (if it exceeds 35 feet, which virtually all churches will do) is that "it shall require a use permit." With this statement of broad intent in mind, we request that you or Robin clarify in writing to the Planning Commission that – so far as churches are concerned – not only does the 50 -foot height limit from our PC text not apply, but neither does any other maximum limit. Please call either Bob Break, Bob Wynn or me if you have any questions. We hope to hear from you before the end of next week, if possible. ours Y, Joseph I. of LATHAM & WATKINS Enclosure. Robin Clauson, Esq. Robert K. Break, Esq. Robert L. Wynn James Campbell ' hi fact, only 3 of the 36 PC Plans specifically allow any churches to be built at all. That exclusion may itself raise questions under RLUIPA's final § 2000cc (b)(3), which is titled "Exclusions and Limits." However, that issue is beyond the scope of our letter, as it does not apply in our case. 1A QC\558143.1 09 -13 -2002 14:31 Church & Steeple Height Exemption The Newport Beach Zoning Code Is Consistent With Federal Law V'RLUIPA ") A persistent misunderstanding regarding The Church of Jesus Christ of Latter -day Saints' application for a use permit to build its new Temple at 2300 Bonita Canyon Drive needs to be corrected. It is erroneously stated that the Church is seeking some kind of special exception, variance or other favor from the city, as part of this process. Therefore, our effort is viewed by many as bad precedent for future churches to be built in the City of Newport Beach. Like many cities in California, Newport Beach has a zoning ordinance that allows churches to exceed the normal height limits imposed on non - church buildings.' This is true for all churches built in every zone throughout the city, be it agricultural or residential or industrial. Newport Beach's Municipal Code § 20:65.070(G) reads in full as follows: "Church structures used for church purposes shall be exempt from the restrictions of this chapter [entitled `Height Limits'], except that any such structure exceeding 35 feet in height shall require a use permit" The last part of this section is redundant, since in this city, no church can be built in any zone without a use permit: Also, virtually every church in Newport Beach exceeds 35 feet (which is the normal zoning height limit); especially if it has a steeple. Therefore, if a church first obtains a use permit, then citywide height limits simply do not apply. When a use permit is issued, it covers all essential project elements, not just one —like a steeple. There is no need for any variance, exception or other special permit to enable a church steeple to exceed the normal height limit (which, in the Bonita Canyon Planned Community Development Zone, is 50 feet rather than 35 feet). Of course, before issuing a use permit, the city must exercise reasonable discretion, within legal parameters, in evaluating all matters relating to health, safety or welfare such as traffic, parking and certain aesthetic considerations. That will be at the core of the City Planning Commission's public hearings on the Temple on. September 5`h. Two good examples of how this church use permit process has been applied in the Temple's immediate area are the adjoining LDS stake center and the fixture chapel (with steeple) for the St. Matthews Church—across Bonita Canyon Drive from the LDS Temple site. Both structures exceed (or will exceed) the prescribed 50 -foot limit and are subject to prior use permits. But neither required any steeple processing, separate and apart from the project as a whole. This process is not only consistent with the citywide exemption for church structures, but also with the new federal law— Religious Land Use and Institutionalized Persons Act ("RLUIPA'). Signed by President Clinton on September 22, 2000, RLUIPA prohibits a city from treating a church on "less than equal terms" with a non - church institution. According to the map following Muni. Code Chapter 20.65 "Height Limits," the maximum height permitted for non - church facilities is M feet (applicable to commercial buildings in Newport Center and the Airport area). Therefore, 375 feet may also be the right height for future church structures built in Newport Beach. To impose a lower limitation, without proper overriding circumstances, may be a violation of RLUIPA. 1�) OC\555827.1 09 -13 -2002 14:55 In addition to the federal law, various state courts have held — without any reference whatsoever to RLUIPA =that steeple heights are protected religious symbols. In a Massachusetts case, the state Supreme Court unanimously ruled that a 169 -foot steeple, as a religious symbol, was not properly a subject of judicial review and declined to determine what exact height was religiously symbolic. See Martin v. The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -day Saints, 434 Mass. 141, 747 N.E.2d 131 (2001). In. a recent New York Appeal, the judges unanimously upheld the trial court's mandate to the. town to issue a temple building height variance (including a 115 -foot steeple) which had been denied as exceeding the town's 35 -foot height limit. See Matter of Corporation of Presiding Bishop of the Church of Jesus Christ of Latter -day Saints v. Zoning Board of Appeals of Town /Village of Harrison, New York Law Journal, p. 23 (July 16, 2002). In short, as the City's own EIR for the proposed LDS Temple correctly concluded: "No variance or other special permit of any kind is required for the steeple. (See EIR p. 3 -16.) This application for a use permit to build a church that includes a 123' 9" steeple should be approved. ' For example, in Redlands where the LDS Church is building a similar temple and steeple, the Redlands Municipal Code 618.152.030 reads in full: "Penthouses or roof structures or the housing of elevators, . stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, personal television antennas, water tanks, silos, churches or similar structures, may be erected above the maximum height permitted in each district.. No structure or penthouse shall be allowed for purposes.of providing additional floor space (Ord. 2433 §2, 2000). IY 00.555827.1 09 -13 -2002. 14:55 Exhibit # 3 Letter from J. Bently on behalf of the LDS Church regarding the height and lighting of the Temple. 11 THIS PAGE INTENTIONALLY LEFT BLANK FROM LATHAM & WATKINS OC #1 BOSTON BRUSSELS CHICAGO FRANKFURT HAMBURG HONG KONG LONDON IOS ANGELES MILAN Moscow NEW JERSEY Via Fax/Reealar Mai Robin Clauson, Esq. Assistant City Attorney 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposed Dear Ms. Clauson: (WED) 9. 25' 02 11; 28 /ST. 11: 27/NO. 4861483116 P 2 LOamawaUdes ATTORNEYS AT LAW W W W. LW.CDM September 25, 2002 Beach Temple, 2300 Bonita NEW YORK NORTHERN VIRGINIA ORANGE COUNT' PARIS SAN DIEGO SAN FRANCISCO SILICON VALLEY SINGAPORE TOKYO WASHINGTON, D.C. Drive ("'Temple ") During our hearings in the above matter on September 50', you handed me copy of a letter addressed to the City Planning Commissioners from Robert W. Dyess, Jr., Esq., a resident and board member of the Bonita Canyon Maintenance Association. He attached a schedule of "Unofficial Temple Statistics" that showed the size, steeple height and hours of operation for all current temples of the Church. The purpose for the Dyess schedule was to demonstrate that there are many temples with shorter steeples and shorter operating hours than what are proposed for this Temple. His reason was an attempt to establish that a mandatory reduction in our proposed steeple height OT operating hours, in his words, "clearly would not constitute a substantial burden on [the Church's rights of] religious exercise." His data is all taken out of context, with no information about the surrounding terrain or other nearby structures, including any Church -owned buildings_ With due respect to Mr. Dyess' impressive volume of work, it entirely misses the point. The essence of the Church's rights of free exercise in this case includes its members' faith that each temple design, including the steeple, is a signlflcant but an individual religious symbol. It really doesn't matter how many temples have shorter steeples or whether some have no steeple at all. The members' faith is not based on any mathematical formula or averaging of steeple heights. A statistical study showing that a high percontage of temples with shorter steeples than that proposed for this Temple is completely irrelevant to the members'faith that ibis particular Temple's design was inspired through the Church's President. The foundation for that faith is as follows: The Church's President—whom the members regard as a prophet —has a unique mandate to determine temple location and design. An early LDS scripture recorded in 1838 illustrates that mandate. In this scripture, the Lord said to the Church's first president, Joseph Smith: "I command you to build a house unto me [in Far West, Missouri], for the gathering together of my saints, that they may worship me.... [L]et the house be built unto my name according to the pattern which I will show unto them. And if my people build it not according to the pattern which 1 shall show unto thetrpresidency, I will not accept it at their hands" (Doctrine & Covenants 115:8, 14 -15. Emphasis added.). The city leaders and our opponents don't need to believe any part of this scriptural mandate. But under both federal and California law, the fact that Church members believe It should be respected. 950 To N Cc A Dnx. , 5ulm ECOO • COSTA MGM, CAUFORW 9262e-1925 TELEPHONE: f7141 540-1235 • FAX: 17141 755-5290 OC'1�58192.3 "y 09.25 -ZW2 1 i;13 FROM LATHAM & WATKINS OC #1 (WED) 9. 25' 02 11:29/ST. 11:27/NO. 4861483116 P 3 t1tT!l N&WAMIM Robin Clauson,Esq. September 25, 2002 Page 2 I have first -hand knowledge that the current Church President, Gordon B. Hinckley, has been intimately involved with the selection of the existing site for the Temple and its pattern or design, especially regarding such essential religious symbols as the steeple and the angel figure atop it. How he receives and applies this inspiration is up to him. It can be done in many ways. The fact remains that the members have faith that he has specified or approved the essential design features as part of his divine mandate. As a corollary, no substantial change may be made to the Temple design without his approval. In my remarks at the September Ss' hearing, entitled "Why Would a Mandatory Reduction in Steeple Height Be an Undue Burden, On Our Religious Free Exercise ?" (delivered in writing due to time constraints), I noted that one of the key factors the Church's President may consider in determining steeple height is the surrounding topography and whether the Temple will appear subordinate to any nearby LDS structure. One of the EIR Project Objectives stated that the Temple (including its steeple) must be highly visible, so as to be seed "as a pinnacle of the faith and source of perceived eternal blessings to the faithful" Such items as terrain topography and adjoining structures mayor may not be factors in satisfying this objective. It is up ro the President to make the final determination, in each case, so far as Church members are concerned. As for operating and lighting hours, these will vary according to the individual needs at each temple. Some temples will start earlier and some will run later than others, according to the members' own circumstances in the area. Members would need to arrive about �!: hour before any Temple ceremony begins, in order to prepare for it. So the correct arrival time for a 5:30 am session would be around 5:00 am. Conversely, if the last session of the day (lasting about 2 hours) started at 8 pm, it could take another half how or so to complete their preparations and then leave by around 10:30 pm. Thereafter, the Temple leaders and other volunteer workers would depart by around 11 pm. These are typical schedules for many LDS temples. In any case, I am confident that the City will not entangle itself in regulating Temple operating hours any more than it would try to regulate the hours of midnight mass, sunrise services or other inherently religious observances that did not pose any health, safety or welfare risks_ An important element of religiousfaithfor LDS temples involves keeping them illuminated during normal operating hours, as a symbol offollowing Christ into the light and out of darkness. Here, we are asking for no greater hours of building illumination or operation than other existing churches now enjoy in the City of Newport Beach. I trust that this will clarify some of the misunderstandings in Mr. Dyess' letter. Yours truly, Q Joseph`[�Benticy �4 of LATHAM & WATKINS cc: City Attorney Robert Burnham Senior Planner James Campbell City Clerk LaVonne Harkless 00559192.3 09.25 -2002 11:13 �V FROM LATHAM & WATKINS OC #1 (WED) 9. 25' 02 11:29/ST. 11:27/NO.4861483116 P 4 Ref;5keNge COPY gRrLy RONALD K. BROWN, JR. FRANK M. CADIGAN CAARY ALDO OAPELC i ROBERT W. OYESS. JR, MARSHA GABLE PAUL C. HCGNESS{ HCIOI STILB LCWIS THOMAS J. O'KEEFE { T,Mp V C. PICKART NIKK1 A. 11RE54EY MICHAEL P. RIDLEY RICHARD L -SEIDC JOHN A.STILLMAN THOMAS E. WALLCY ♦A PROFESSIONAL COII{ORATIOh ua, OFnaas OF GOOD, WxT.D1KA.N. HEONESS & WALLET 5000 CAMPUS ORIVE NEWP03rf BEACH, &.T WOHNrd geGGo.2381 (949 955.1100 Chair and Members of the Planning Commission, I City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 September 5, 2002 Re: Proposed Newport Beach Temple The Church of Jesus Christ of Latter Day Saints Dear Planning Commission Members: ROT M. GOOD (RET,RCO) PAUL W.WILDMAN 4{ SAV h {C� LOUIS A. CAPPADONA DOUGLAS M. VICKLRY STEPHEN 9. OTTO FAX (949) 933 -0633 I reside at 8 Seabluff, Newport Beach, in the Bonita Canyon Cnmmuniry, I am also a member of the Board of Directors of Bonita Canyon Maintenance Association and a partner in the Newport Beach law firm of Good, Wildman, Hegness & Walley. The purpose of this letter is to provide additional information to assist you in the determination of whether any restrictions or conditions that you may impose on the proposed Newport Beach Temple would constitute a "substantial burden" upon the exercise of religion under the Religious Land Use and Institutionalized Persons Act (RLUIPA). I refer you to the Memorandum dated August 28, 2002 from the City Attorney's Office to the Chair and Members of the Planning Commission which contains an analysis of RLUIPA (the "City Attorney Memorandum "). The City Attorney Memorandum concludes that the Project Proponent has not clearly articulated whether and to what extent a reduction in the proposed height of the steeple or conditions relative to lighting would constitute a substantial burden on religious exercise. Further, the City Attorney Memorandum suggests that it is left to the Planning Commission, from information submitted or presented, to conclude whether a substantial burden would be imposed by a reduction or modification to the project. If nt substantial burden on religious exercise is found, it is irrelevant under RLUIPA whether any modification serves a compelling governmental interest. Al FROM LATHAM & WATKINS OC #1 (WED) 9. 25' 02 11:29/ST. 11:27/NO. 4861483116 P 5 Chair and Members of the Planning Commission Re: Proposed Newport Beach Temple The Church of Jesus Christ of Latter Day Saints September 5, 2002 Page 2 of 3 Attached hereto is a schedule of Unofficial Temple Statistics prepared by me from information obtained on the internet. The primary internet sources of information are disclosed on the schedule. The statistics include the steeple height and hours of operation for most of the 113 LDS Temples in current operation. Information is also included for some of the 6 Temples under construction and some of the 7 Temples that have been announced but are not yet under construction. The statistical information on steeple heights shows that there are at least 53 Temples in operation with steeple heights of 80 feet or less - Three Temples have no steeple. Although the Temples without steeples were constructed more than 75 years ago, the 50 Temples with the shorter steeples all were constructed in the past twenty years under the presidency of Gordon B. Hinckley, who I understand is the current President of the Church. The 53 Temples with short steeples or no steeples represent 47 percent of the 113 currently operating Temples. The 50 Temples with short steeples represent 54 percent of the 93 currently operating Temples constructed during the Presidency of Gordon B. Hinckley. These Temples all have steeples that are shorter than the 86 -foot steeple of the LDS Stake Center located next to the proposed Newport Beach Temple_ Accordingly, a reduction in steeple height for the Newport Beach Temple to 86 feet or less should be consistent with the Church's exercise of religion in roughly one -half of its existing Temples. Any conditional use permit granted by you should require a substantial reduction in the height of the steeple. Such a reduction clearly would not constitute a substantial burden on religious exercise. The attached schedule also includes the hours of operation for 64 of the, 113 currently operating Temples. Hours of operation for the other 49 operating Temples were listed as by appointment. Most Temples are open Tuesday through Saturday. However, some Temples operate on Mondays. The average opening time for all days of operation for the 64 Temples is approximately 7.45 am. The average last meeting time for all days of operation was just before 7:00 pm. Notwithstanding these average hours of operation for other Temples, the Church has stated its intention to operate the Newport Beach Temple from 5:00 am to 11:00 pm five days per week. No other Temple posts these extreme hours of operation. As a homeowner whose bedroom looks upon the proposed Temple, my primary concern with the proposed hours of operation is the timing of the lighting of the Temple and its steeple during the nighttime hours of proposed operation. Traffic and noise AO FROM LATHAM & WATKINS OC #1 (WED) 9. 25' 02 11; 29 /ST. 11: 200. 4861483116 P 6 Chair and Members of the Planning Commission Re: Proposed Newport Beach Temple The Church of Jesus Christ of Latter Day Saints September 5, 2002 Page 3 of 3 during these nighttime hours also cause concern. In January of this year we were advised by Church officials that the lighting would be extinguished at 11:00 pm. There was no mention of turning the lights back on at 5:00 am until the publication of the Draft Environmental Impact Report. As a light sleeper, I regard the proposed re- lighting of the steeple every morning at 5:00 am as an intrusion of my right not to be disturbed and of my right to privacy. Lighting has been reduced for other Temples. The website for the Redlands Temple reports a compromise between Church and City officials for the lights to be turned off at 10:30 pm during the five operating days and at 10:00 pm during the two non- opernting days. There are several other references in the Temple websites to lighting compromises. There is no indication that any other Temple turns its lights back on in the morning hours. The Church should be asked to reduce its hours of operation and lighting. The extreme hours proposed for the Newport Beach Temple far exceed the hours of operation and lighting for most Temples. At the very least, the Church should be prohibited from re- lighting the Temple and its steeple in the morning hours. Such a reduction should not constitute a substantial burden on the exercise of religion. Our residential neighborhood should not be asked to live with standards that are not imposed on other Temple neighborhoods under the guise of free exercise of religion. Please take this information into account in determining the restrictions and conditions that you must impose. Very truly yours, Oe&,-4w Dyq� Robert W. Dyess, Jr. cc City Attorney Robert Burnham Mayor Tod W. Ridgeway Council Member Gary Proctor Council Member Norma J. Glover Council Member Garold B. Adams Mayor Pro Tem Steven Bromberg Council Member Dennis D. O'Neil Council Member John Heffernan A3 FROM LATHAM & WATKINS OC #1 (WED) 9. 25' 02 11:29/ST. 11; 27/NO. 4861483116 P 7 UNOFFICIAL TEMPLE STATISTICS* (Listed in Chronological Order by Date of Construction) Location Hours of Operation ** Square Footage Steeple height Operating Temples: 1. St. George Utah 7:20am -8:00 pm 110,000 175 feet 7:20am- 11:20am Mon 6 :00am- 8 :00pm Wed 6:00am- 8:00pm Sat 2. Logan Utah 7:00am- 8:00pm 119,619 Two Towers 5:30am- 8:00pm Wed 170 feet 5 :30am- 8 :00pm Sat 3. Manti Utah 7:30am- 7:30pm 100,373 Two Towers 179 feet 4. Salt Lake 5:45am- 8:00pm 253,053 Six Spire 210 feect 5. Laie Hawaii 7:00am- 8.00pm 47,224 NO STEEPLE 7:00am- 1 1:00am Mon 5:30am- 11:30am Sat 6. Cardston Alberta 9:30am- 7:30pm 88,562 NO STEEPLE 9:30am- 8:30pm Fri 7:30am- 12:30pm Sat 7_ Mesa Arizona 7 :00am- 7:30pm 113,916 NO STEEPLE 5:30am- 7:30pm Fri 6:30am- 7:30pm Sat B. Idaho Falls 5:00am- 8:00pm 92,177 148 feet 5:00am- 7:00pm Sat 9. Bern Switzerland 8:00am- 3:00pm 35,546 140 feet 8:00am- 8.00pm Fri 8:00am- 1 :00pm Sat 10. Los Angeles 7:00am- 8:30pm 190,614 258 feet 5:30am- 8:00pm Tue 7:00am- 8-00pm Wed 5:30am- 7:30pm Sat 11. Hamilton New 8:30am- 8.30pm 44,212 157 feet Zealand 8:00am- 10 :30pm Fri 6:30am- 10:30am Mon 12:30pm -610pm Sat 12. London 8:00am- 8:00pm 46,174 I90 feet 8:00am- 12:00am Fri 7:00am- 4:00pm Sat 13. Oakland 7:00arn- 8.00pm 95,000 Five Spire 5:30am- 8.00pm Tue 170 feet 5:30am- 4:30pm Sat 14. Ogden Utah 7:00am- 8:00pm 115,000 180 feet 6:00am- 8:00pm Wed Page 1 of 6 a4 FROM LATHAM & WATKINS OC #1 Location 15. Provo Utah 16. Washington D.C. 17. Sao Paulo 18. Tokyo 19. Seattle 20. Jordan River Utah 21. Atlanta 22. Apia Samoa 23. Nuku'alofa Tonga 24, Santiago Chile 25. Papeete Tahiti 26. Mexico City 27. Boise Idaho 28. Sydney Australia 29. Manila Philippines 30. Dallas Texas 31, Taipei Taiwan (WED) 9. 25' 02 11:29/ST. 11:27/NO. 4861483116 P 8 ft0m. � 7:00am- 8:00pm 7:00am- 10.00am Mon 6:00am- 8:00pm Sat 7:00am- 9:00pm 7:00am- 10:30pm Fri 6:00am- 8:30pm Sat 7:00am- 8:30pm 7:00am- 11:55pm Fri 1: 1 5pm-6:45pm Sat 10:00am- 7:30pm 6:00am- 2:30pm Sat 7:00am- 8:00pm 5:30am- 8:00pm Tue 6 :00am- 8:00pm Sat 6:00am- 8:20pm 5:00am- 8:20pm Tue 9:00am- 8:00pm 8:00am- 4:00pm Sat 7:00am- 7:00pm 6:00am- 10.00am Sat 6:00am- 7:00pm 5 ;00am- 9 ;00am Mon 9:00am- 8:30pm 9:00am- 10:30pm Fri 7:00am- 6:30pm Sat 7 :00am- 7:OOpm 6:00am- 7:00pm Sat 8:00am- 7:00pm 7:00am- 5:00pm Sat 7:00am- 8:00pm 5:00am- 8.00pm Tue 6:30am- 8 :00pm Sat 9:00am- 7:15pm 6:00am- 12:00pm Sat 7:00am- 7:00pm 7:00am- 10:00pm Fri 7:00am- 5,00pm Sat 7:00am- 8:00pm 6:00am -3:30 Sat 2:00pm- 7:00pm 10:30am- 7:00pm Fri 10:30am- 5:00pm Sat Page 2 of 6 Square Foota -e 128,325 59,246 Steeg_le Height t 18 feet Six Spire 288 feet 101 feet 52,590 178 feet 110,000 179 feet 35,325 (reduced height due to airport) 148,236 139 feet 35,360 Unknown 14,460 75 feet 14,572 75 feet 13,712 76 fcct 9,936 66 feet 116,642 152 feet 35,325 Six Spire 112 feet 30,677 75 feet 26,683 Six Spire 115 feet 46,956 Six Spire 95 feet 9,945 Six Spire 126 feet �5 FROM LATHAM & WATKINS OC #1 Location 32. Guatemala City 33. Freiberg Germany 34. Stockholm Sweden 35. Chicago Ubnois 36_ Johannesburg South Africa 37. Seoul Korea 38. Lima Peru 39. Buenos Aires Argentina 40. Denver Colorado 41. Frankfurt Germany 42, Portland Oregon 43. Las Vegas Nevada 44, Toronto Ontario 45. San Diego 47. Bountiful Utah 48. Hong Kong 49. Mount Timpanogos Utah (WED) 9, 25' 02 11; 29 /ST. 11:27/NO. 4861483116 P 9 Hours of 0mr—a 7:00am- 11:00am Mon 7:00am- 5:00pm Tue 7:00am- 5:00pm Wed 5:30am- 7:00pm Thu 5 :30am- 7:00pm Fri 5:00am- 1:0Optn Sat 8:00am- 1 :00pm 7 :OOpm- 7:00pm Fri 7:30am- 6:00pm 7:30am- 12:00pm Sat 8:00ant 8:OOpm 7:00am- 7:00pm Sat 3:30pm- 6:30pm 6:00am- 6:30pm Fri 7:00am- 1:00pm Sat 1:30pm- 7:30pm 6:00am- 3 :30pm Sat 7:30am- 7:00pm 8:00am- 8:00pm 6:00am- 6:00pm Sat 8:00am- 7:30pm 5:30am- 7--30pm Wed 7:00am- 4:009m Sat 8:00am- 5,00pm 8:00am- 7:00pm Fri 8:00am- 2:00pm Sat 7:00am- 8:00pm 5:30am- 8:00pm Sat 7:00am- 8:00pm 7:00am- 7:00pm Sat 11:00am- g:00pm 7:00am- 8:00pm Sat 7:00am- 8:00pm 5:30am -8-Wpm Tuc 6:30am- 8:00pm Sat 8:00am- 8:00pm 7:30am- 3:00prn Sat 6:00am- 8:00pm 9:00am- 7:00pm 6:00am- 8:00pm Page 3 of 6 Square Footage 11,610 13,300 14,508 29,751 19,184 28,057 9,600 11,980 29,117 24,170 79,220 80,350 57,982 72,000 70,000 104,000 21,744 107,240 t=le Height Six Spire 126 feet Unknown Six Spire 112 feet Six Spire 112 feet Six Spire 112 feet Six Spire 112 feet Six Spirc 112 feet Six Spire 112 feet 'Unknown 82 feet Six Spire 169 feet Six Spire 119 feet 116 feet Two Towers 200 feet 165 feet 175 feet 135 feet 190 feet S FROM LATHAM & WATKINS OC #1 (WED) 9. 25' 02 11:30/ST. 11:27/NO. 4861483116 P 10 Page 4 of 6 �1 1AEation Hours of OReration Square Footan Steeple Height 50. St. Louis 9 :Mam- 7 :30pm 58,749 150 feet 7:30am- 2:15pm 51. Vernal Utah 6:00am- 7:45pm 38,771 97 feet 6:00am- 1:30pm Mon 52. Preston England 7:15am- 8:00pm 69,630 155 feet 7:15am- 12:00pm Mon 7:15am- 4:00pm Sat 53. Monticello Utah By Appointment 6,700 70 feet 54. Anchorage Alaska By Appointment 6,800 70 feet 55. Colonia Juarez By Appointment 6,800 47 feet Chihuahua Mexico 56, Madrid Spain 8:00am- 7:00pm 45,800 Unknown 8.00am- 5 :00pm Sat 57. Bogota Colombia 9:30am- 7:15pm 53,500 Unknown 9.30am- 12:30pm Sat 58. Guayaquil Ecuador 10:00am- 7:00pm 70,884 Unknown 9:00am- 2:00pm Sat 59. Spokane Washington By Appointment 10,700 78 feet 60. Columbus Ohio 6:00pm- 8:00pm 10,700 78 feet 10:00am- 8.00pm Wed 12-00pm- 8'00pm Pri 8:00am- 6:30pm Sat 61. Bismarck North By Appointment 10,700 78 feet Dakota 62. Columbia South By Appointment 10,700 78 feet Carolina 63. Detroit Michigan By Appointment 10,700 78 feet 64. Halifax Nova Scotia By Appointment 10,700 78 feet 65. Regina Saskatchewan By Appointment 10,700 78 feet 66. Billings Montana 9:00am- 7:30pm 33,800 120 feet 7:00am- 4:20pm Sat 67. Edmonton Alberta By Appointment 10,700 78 feet 68. Raleigh North By Appointment 10,700 78 feet Carolina 69. St. Paul Minnesota By Appointment 10,700 78 feet 70. Kona Hawaii By Appointment 10,700 79 feet 71. Ciudad Juarez Mexico By Appointment 10,700 78 feet 72. Hermosillo Sonora By Appointment 10,769 78 feet Mexico 73. Albuquerque New 9:00am- 7:00pm 34,245 Unknown Mexico 7:00am- 7:00pm Sat 74. Oaxaca Mexico By Appointment 10,700 78 feet Page 4 of 6 �1 FROM LATHAM & WATKINS OC #1 75. 76. 77. 78, 79. 80. 81. 82. 83. 84. 8$. 86. 87. 88. 89, 90. 91. 92. 93. 94. 95. 96. 97. , 100. 101. 102. 103. 104. 105, 106. 107. �y Location Tuxtla Gutierrez Mexico Louisville Kentucky 502 - 241 -4115 Palmyra New York Fresno California Medford Oregon Memphis Tennessee Reno Nevada Cochabamba Bolivia Tampico Mexico Nashville Tennessee Villahermosa Mexico Montreal Canada San Jose Costa Rica Fukuoka Japan Adelaide Australia Melbourne Australia Suba Fiji Merida Mexico Veracruz Mexico Baton Rouge Louisiana Oklahoma City Caracas Venezuela Houston Texas Birmingham Alabama Sarno Domingo Dominican Republic Boston Recife Brazil Porto Alegre Brazil Montevideo Uruguay Winter Quarters Nebraska Guadalajara Mexico Perth Australia Columbia River Washington Snowflake Arizona Lubbock Tcxas (WED) 9. 25' 02 11:30/ST. 11:27/NO. 4861483116 P 11 Hours of QMration Square Footao By Appointment 10,700 By Appointment 10,700 By Appointment By Appointment By Appointment By Appointment By Appointment 9:30am- 7:30pm 8:30am -4:30pm Sat By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment 8:00am- 8:00pm 7:00am- 3:00pm Sat By Appointment 8:30am- 8 ;00pm 6 :00am- 3:30pm Sat 8:00am- 8:00pm 10:30am- 8:00pm 8:00am- 3:30pm Sat By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment By Appointment Pane 5 of 6 10,700 10,700 10,700 10,700 10,700 33,303 10,700 10,700 10,700 10,700 10,700 10,700 10,700 10,700 10,700 10,700 10,700 10,700 10,769 15,332 33,970 10,700 67,000 69,600 37,200 10,700 10,700 16,000 10,700 10,700 16,880 18,621 16,498 Steeple Height 78 feet 78 feet 78 feet 78 feet 78 feet 78 feet 78 feet Unknown 78 feet 78 feet 78 feet 75 feet 75 feet 75 feet 75 feet 75 feet 75 feet 75 feet 75 feet 75 feet 75 feet 75 feet Unknown 75 feet Unknown 139 feet Unknown 78 feet * ** 78 feet * ** Unknown 78 feet * ** 78 feet * ** Unknown Unknown 108 feet IR FROM LATHAM & WATKINS OC #1 (WED) 9, 25' 02 11:30 /ST. 11:27/N0, 4861483116 P 12 Under Construction: 114. Location Hours of Operation Square Foyian Steeple Heieht 115, 110. Monterrey Mexico By Appointment 16,498 108 feet * ** 111. Campinas Brazil None Stated 48,100 Unknown 112. Asuncion Paraguay By Appointment 10,700 78 feet * ** 113. Nauvoo Illinois 6:00am- 8:00pm 54,000 162 feet Redlands California Not Complete 6:00am- 4:00pm Mon 130 feet 124. Under Construction: 114. Copenhagen Denmark Not Complete Not Available Not Available 115, The Hague Not Complete 14,477 Not Available Netherlands 56,000 from 115 feet 116. Brisbane Australia Not Complete 10,700 78 feet 117. Accra Ghana Not Complete Not Available Not Available 118, Redlands California Not Complete 18,000 130 feet 124. Newport Beach compromise: lights off 17,572 124 feet 125. San Antonio Texas at 10:30pm on 15,000 Not Available 126. Manhattan New York operating days and at 20,000 Not Available 10:00pm on Sun and Mon 119. Aba Nigern Not Available Not Available Not Available Announced Temples: 120. New York New York Not Complete 28,400 105 feet compromise from compromise 56,000 from 115 feet 121. Kiev Ukraine Not Available Not Available Not Available 122, Helsinki Finland Not Available 23,000 Not Available 123. Sacramento California Not Available 58,000 Not Available 124. Newport Beach 5:00am- 11:00pm 17,572 124 feet 125. San Antonio Texas Not Available 15,000 Not Available 126. Manhattan New York Not Available 20,000 Not Available *Sources: 1. Temples of The Church of Jesus Christ of Latter -Day Saints Website www.ldschurchtemples.com 2. Nathan's Exhaustive Guide to the Temples of The Church of Jesus Christ of Latter -Day Saints Website www. nocities .com/AthenvParthenon/4909 // * *Unless otherwise noted stated hours of operation are for Tuesday through Saturday. ** *Unconfirmed steeple heights based on relative steeple heights of other Temples with same square footage and appearance by picture. Page 6 of 6 Exhibit # 4 Additional correspondence received by staff since the last meeting. 31 JOSEPH A. LUMSDAINE" MARK C. DOYLE T RED W A Y 1920 MAIN STREET, SURE 1000 IRVINE, CALIFORNIA 92614 MICHELE S. PATTERSON (949) 756 -0684 FAX (949) 756 -0596 MICHAEL A. LANPHERE MATTHEW LKINLEY LUMSDAINE DOWNEY OFFICE DANIEL R. GOLD DOWNE(Y, CALIFORNIA 90241 JOAN PENFIL' SHANNON M. SILVERMAN ROY J. JIMENEZ ® DOYLE FAX (562) 869 -4607 FRANCIS A. JONES LLP LONG BEACH OFFICE MONICA GOEL REZA MANSOURI Lawyers LONG BEACH, CALIFORNIA 90802 (562) 983 -8140 FAX (562) 983-8141 "OF Counsel ^Protesamml Law Corp. w Jldlaw.conn AUTHOR'S E -MAIL HAROLD T. TREDWAY mtloyle @tidlaw.wnn RETIRED (1964) REPLY TO: IRVINE September 4, 2002 Via Facsimile and James Campbell First Class Mail Senior Planner City of Newport Beach RECEIVED BY 3300 Newport Blvd. PLANNING DEPARTMENT Newport Beach, CA 92658 -8915 CITY C1F kiIF IPOPT F,EACH Re: Draft Environmental Impact Report SEP 0 2002 PM AM Church of Jesus Christ of Latter Day Saints Temple 71 71819110(11112(1121314(816 Dear Mr. Campbell: I am a resident of Bonita Canyon and a member of the Bonita Canyon Maintenance Association. I am writing to voice my objection to the Draft Environmental Impact Report published by the Church and express the support of the Bonita Canyon Maintenance Association position as stated in their letter to you of August 8, 2002. I am aware that recent legislation has caused additional concern regarding restrictions upon religious institutions. It is important to note that construction of a steeple tower approaching 130 feet in height is not essentiai to the practice of a religious belief. Instead the height of the temple acts as a marketing/public relations device to promote the church to all those within view of it including those on the 73 Freeway. Perhaps this would be acceptable in a commercial area with similar height buildings but it is clearly not acceptable and inconsistent with the general plan for a steeple of that height to be constructed in a residential neighborhood. I urge the planning commission to carefully consider the comments of the Bonita Canyon Maintenance Association which represent the many residents living adjacent to this proposed site and require the Draft Environmental Impact Report to be modified accordingly. Further, based on the current plans submitted by the Church of Jesus Christ of Latter Day Saints Temple the conditional use permit should be denied. OC143864.199999 33 James Campbell September 4, 2002 Page 2 Should the City accept the Draft Environmental Impact Report and issue the conditional use permit for construction. of the tower, I will consider legal action challenging both the Environmental Impact Report and the City's issuance of a conditional use permit. Thank you for your consideration. Respectfully submitted, TREDWAY, LUMSDAINE & DOYLE Lip Mark C. Doy MCD:jij cc: Bonita Canyon Maintenance Association Board of Directors O043864.199999 ; I David sow�e 2905SUVer L -awe Newport Beach, CA92660 September 1, 2002, Dear Chairman Kiser, I am a Newport Beach resident and am whole - heartedly in support of the Church of Jesus Christ of Latter Day Saints building of the temple. This should not be an issue of religion, but simply stated a land use issue. It is my understanding that the extensive study that the city requested, concluded there to be NO NEGATIVE IMPACT, on the community or the aesthetics of the surrounding neighborhoods. Please allow the temple to be built the temple as the plans currently state, its not like the issue is excessive noise as is the concern of the neighbors of the Village Inn. The LDS temple goers consider the temple grounds to be scared and thus are typically reverently respectful. The temple will not "block" anyone's view, as is the concern of the neighbors of the Butler Home on W. Bay. The large spire and angel atop will not prevent the views of their neighbors or serve as an eyesore. The Temple grounds will be beautifully landscaped and from the pictures in the report, it clearly shows, that the spire will only be slightly higher than the existing spire. (When I hold a pencil six inches away from my face, it does not block my view of the beach behind it, and such is the case of the angel on top.) Respectfully, David Sonke 2905 Silver Lane Newport Beach, CA 9260 Jevwi.i,fersovO e 2J05S ver L_no -e Newport Beach, CPA92000 September 1, 2002 Dear Chairman Kiser, I am a Newport Beach resident and am whole - heartedly in support of the Church of Jesus Christ of Latter Day Saints building of the temple. This-should not be an issue of religion, but simply stated a land use issue. It is my understanding that the extensive study that the city requested, concluded there to be NO NFGATIVE IMPACT, on the community or the aesthetics of the surrounding neighborhoods. Please allow the temple to be built the temple as the plans currently state, its not like the issue is excessive noise as is the concern of the neighbors of the Village Inn. The LDS temple goers consider the temple grounds to be scared and thus are typically reverently respectful. The temple will not "block" anyone's view, as is the concern of the neighbors of the Butler Home on W. Bay. The large spire and angel atop will not prevent the views of their neighbors or serve as an eyesore. The Temple grounds will be beautifully jgndscaped and from the pictures in the report, it clearly shows that the spire will only be ighdy higher than the existing spire. (When I hold.a pencil six inches away from my e, j� does not block my view of the beach behind it, and such is the case of the angel qp top,.) Respectfully, Jennifer Sonke 2905 Silver Lane Newport Beach, CA 92660 RECENED BY pLANMhG`DEEPRr [ EACH CITY , C SEP 0 6 2002 .PM AM . 7ig`9il0�11i12i1i2i3i4i8ti6 3L Debra S. Bendheim 2313 Fairhill Drive Newport Beach, CA 92660 September 3, 2002 Mr. Steven Kiser Chairman — Planning Commission City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Dear Mr. Kiser: RECEIVED BY PLANNING DEPARTMENT CITY OF NFwPnRT REACH AM SEP 0 6 2002 PM 7i8i9i101111121i1213141818 I am writing to express my support for the Church of Jesus Christ of Latter - Day Saints and their desire to build a temple in our great city. I think that it will be a wonderful building, one of beauty and serenity. I think it will be a great benefit to the community and Iook forward to its construction. I have looked at the Environmental Impact Study and found it to be complete and satisfactory in its conclusions. As a resident of this city for over 20 years, I want to publicly voice my support for the temple. Sincerely yours, 31 W aryW argaret Bendheim 2742 Bayshore Drive Newport Beach, CA 92663 Septem6er3, 2002 91tr. Steven Kiser Chairman — Tfanning Commission City of Newport Beach 3300 Newport Bfvd Newport Beach, CA 92663 Oear9Kr. riser RECEIVED BY Dr AKjkjjN'G DEPARTMEPIT AIM qq 0 6 lauz PM I am writing to express my support for the church of,7esus Christ of Latter -0ay Saints acrd their desire to 6uifd a tempfe in ourgrwt city. I thinkthat it wili6e a uvndefid 6uif vW, one of 6eauty. andserenity..I thinkit wiff6e agreat benefit to the community and look forward to its constructionn. I have loofsd at the Environmentaflmpact Study andfoundit to 6e cornpfete and satisfactory in its conclusions. As a resident of this city for over 20 years, I want to pu6Cu61 voice my support for the temple. Sincerely yours, i �y Candace E. Jackson 1545 Cumberland Newport Beach, CA 92660 Septem6er3, 2002 Wr.. Steven Kiser Chairman — Aanning commission City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Dear9dr. Uw.. RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM SEP 0 0 2002 PM 718,9110111112,112,314,316 1 i am writing to express my support for the Church of Jesus Christ of Latter -Day Saints and their desire to 6uild a temple in ourgreat city. I thinkthat it wi1T 6e a wonderful 6uilfiiV one of beauty and serrn ty. I thinkit wiff be a great benefit to the community and look fomwd to its construction. I have looW at the Environmental impact Study and found it to be complete and satisfactory in its conclusions. As a resident of this city for over 20 years, I want to pu6&ly voice my support for the temple. 3q September 3, 2002 Mr. Steven Kiser Chairman — Planning Commission City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Dear Mr. Kiser: U� RECEIVED BY PLANNING DEPARTMENT CITY OF NJFWPORT r-,EACH AM SEP 0 6 2002 PM 7i6�8ii0illiluii�213�4iSi8 I am writing to express my support for the Church of Jesus Christ of Latter -Day Saints and their desire to build a temple in our great city. I think that it will be a wonderful building, one of beauty and serenity. I think it will be a great benefit to the community and look forward to its construction. I have looked at the Environmental Impact Study and found it to be complete and satisfactory in its conclusions. As a resident of this city for over 20 years, I want to publicly voice my support for the temple. Sincerely yours, �ae_�� alb 2313 Fairhill Drive, Newport Beach, California 92660 Planning Commission City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Re: SOMETHING NEW!!!!! Draft EIR LDS Temple Dear Commissioners: September 6, 2002 RECEIVED BY PLANNING DEPARTMENT CITY OF I,�ip\kipnr-.T REACH AM SEP 13 2002 PM 71819110111112111213441616 4. I attended the PC meeting last night. My card was not chosen to speak and I would like to supply you with something that you may not have heard before. Like Mr. Fuller, who spoke last night, I too am an appraiser with much experience in Southern California. I am also a resident of Bonita Canyon. As you know, appraisers can have a multitude of opinions. After all, that is what an appraisal is — an opinion. I disagree with Mr. Fuller and his findings regarding the value of the homes in the adjoining areas. I have attached an article for you and the Planning Commission to read on "The Impact of Detrimental Conditions on Property Values ". This article (from The Appraisal Journal) notes many factors that are both realized and perceived to decrease or damage real property and its value. To many of the homeowners in Bonita Canyon, this temple will be (and is) perceived as a future detrimental condition. You had pointed out at the beginning of the meeting that it would be your responsibility to ensure that the project would not be detrimental to the neighborhood. In this article, the most applicable DC would be Roman Numeral V — Imposed Conditions. The article that was included in the DEIR referred to "churches" and I would argue would not be similar to gigantic temples. I would like to see a copy of what Mr. Fuller submitted to you. I can't imagine that property values would increase in the vicinity of structures such as is proposed (unless you are a member of that church). Regardless, while I do not object to the existing church or even a temple that conforms to the existing zoning regulations, the proposed structure is completely unacceptable. I am also worried that the City of Newport Beach might just "roll over" and accept anything that the LDS church wishes. The city attorney may be fearful of fighting the LDS church with the recent ruling in Boston and the Religious Land. Use and Institutionalized Persons Act ( RLUIPA). As is noted in several articles, RLUIPA will likely be tested in courts and its constitutionality may be questioned (as the RFRA was declared unconstitutional in 1997). The edicts of the temple (steeple height, color, design, lighting) are all "revealed to the president of the LDS church" and are therefore set. That may be fine for believing mormons, but is that edict fair to be thrust on the citizens of Newport Beach? I think not. 41 Among the effects of the proposed temple that would impact the surrounding properties would be: ✓ Adverse effect on the scenic vistas ✓ Degradation of the existing visual character of the surroundings ✓ Addition of substantial light pollution, and ✓ Increase of traffic. The values of the homes in the Bonita Canyon development can easily be recorded and noted for a diminution in value after the temple is built. The City or the church could then be found to be the source of the diminution and could further be held liable for damages. Factors for the economy and any other outside influences can be separated from the impacts of the temple to determine a net damage to the residences. The EIR is also woefully inadequate in the measurement of traffic impacts on the area. A much more detailed analysis of the traffic in and out of the temple must be presented. What are the traffic patterns and visitor /member traffic patterns at other temples in the nation? The LDS church should be forced to present daily /monthly and annual traffic counts for at a minimum the Los Angeles and San Diego temples. I'm sure this data can be presented with little effort — if the church wished to. I am convinced that the traffic impacts as presented in the EIR are grossly incorrect. In addition, I would propose that any permit be conditioned upon working with the City of Newport Beach, City of Irvine, and the Transportation Corridor Agencies /OCTA in having the Bonita Canyon Drive off ramp from the Route 73 be changed to a "Non -Toll" ramp, with the Toll Road beginning south of this ramp. Traffic from Shady Canyon, Newport Coast and the Turtle Rock area all routinely use Bonita Canyon Drive to MacArthur simply to avoid paying the toll. This causes unnecessary congestion, noise and pollution in our residential area. Traffic is a regional problem and should be conditioned upon any permit that is granted. I also object to the lighting. In summary, I cannot object to the temple being built but can object to its conformity to the standards set by the City of Newport Beach and that of the community in which we live. Sincerely, VDavid Guder 30 Whitehall Newport Beach, CA 92660 Cc: Bonita Canyon Maintenance Association Randall Bell, MAI The Impact of Detrimental Conditions on Property Values Detrimental conditions that affect property values range from temporary conditions and market perceptions to construction defects, environmental contamination, and geotechnical issues. Quantifying the impact of DCs is significantly more complex and challenging than working through the three approaches to value. The author has discovered distinctive graphic patterns in his study of DCs and grouped them into 10 general categories, each with unique characteristics. The article urges appraisers to address the costs associated with assessment, remediation, ongoing costs, and the effects of any market resistance. There are over 200 detrimental conditions (DCs) that can affect real estate values. They include temporary easements, airport noise, construction defects, serious toxic waste, geotechnical issues, and natural disasters. Determining the diminution in property value brought about by a DC requires the application of specialized methods, procedures, and formulas. In fact, contamination and geotechnical issues present some of the most involved problems in real estate valuation. All DCs can be classified into 10 categories, each having unique patterns and attributes that can be illustrated on a graph. Further, a DC's impact on value can vary from case to case. A DC could even be completely benign. Therefore, each situation must be independently and competently analyzed. The Bell Chart' defines each classification and graphs the relationship between property values and typical events (see figure 1). DETRIMENTAL CONDITIONS MODEL All DCs involve some or all of six basic ele- ments that lead to an understanding of: the costs or losses associated with the assessment of the condition, the repair or remediation costs, any ongoing conditions, and any residual market resistance to the condition. The DC Modef illustrates the costs before, during, and after the actual remediation (see figure 2). These costs are shown as A or the value as if unaffected by 1. Randall Bell, "The Ten Standard Categories of Detrimental Conditions;' Right of Way (July 1996):14-16 2. Randall Bell, "Quantifying Diminution in Value Due to Detdmetnal Conditions: An Application to Environmentally Contaminated Properties," Enviromnentat Claims Jounnd (October 1996): 135. Randall Bell, MAI, directs the real estate damages practice of PricewaterhouseCoopers in Costa Mesa, California. He specializes in the valuation of properties affected by detrimental conditions, and is the developer and an instructor of the Appraisal Institute's seminar, "Valuation of Detrimental Conditions." His book on the same subject, titled Real Estate Damages, will be released in 1999. Mr. Bell earned an MBA from the University of California, Los Angeles. 380 � n the DC; B, the value upon the realization that t DC exists; C, the value upon assessment of the situation; D, the value upon repair or otherwise resolved; E, the value upon the consideration of any ongoing costs; and F, the impact of any market resistance. The value patterns of any DC will involve some or all of these six basic elements. For example, Classes III through VI generally utilize only components of this model, as may Classes VI and DL although they may have all the elements of the model. The point is that all elements must be considered in any DC assignment. SIX BASIC ELEMENTS Valuation as if no detrimental condition. The first step of a DC assignment is to value the property as if there were no DC. Bell: The Impact ofDetnmentaf Conditions on Property Yafoes 381 q q This establishes a benchmark for the following studies. Assessment costs. These encompass all the costs associated with monitoring and assessing the DC before any repairs or remediation, including the Phase I and H studies, soils and geotechnical studies, and other monitoring costs. These costs are provided by the engineering firms that do such monitoring, and because requests for this work are commonplace, the cost estimates are generally well established. Remediation costs. The remediation costs represent all costs associated with the actual repairs, cleanup, and correction of the condition. A vast spectrum of costs could be included, depending on the remediation method chosen. The costs would also include any agency oversight, engineering, legal review, permits, sampling, improvement demolition, improvement reconstruction, additional scientific analysis, and backfill. Again, these costs are often provided by the engineers of the firm contracted to conduct the remediation. However, special care should be taken in reviewing the completeness of such estimates because the original cost estimates are often exceeded. The firm providing the estimates should clearly set forth whether the costs are best case, expected case, or worst case scenarios —an important point for implementing the next step. As stated, remediation costs can exceed their original estimates. For this reason, a contingency factor may be required to adjust remediation costs to reflect a complete and reasonable cost estimate, so that the real estate market is reasonably assured that all reasonable remediation costs are accounted for in the estimates provided. It is important to note that the contingency factor applied to the remediation costs relate to the hard costs of remediation and should not be confused with intangible losses, such as onus or stigma. Because informed potential buyers must be reasonably assured that they have i clear indication of their potential cash liability, it is essential that the total remediation costs accurately reflect the total reasonable repair costs, not just f cursory and optimistic estimate. Carrying costs must also be considered. During the remediation process, there may be disruptions to the property's use, resulting in a loss of rental revenues or the utility of the property. In addition, operating expenses, which may be paid by the tenant under the terms of a net lease, would also be considered. The final element of the repair process is the project incentive. This is the entrepreneurial profit required for a buyer to purchase damaged property and make the repairs. Ongoing costs. Some damaged properties incur ongoing costs even after repairs or remediation is completed. For example, a contaminated property may undergo continued monitoring. Formally damaged or contaminated properties may have difficulty in 382 The Appraisal Journal, October 1998 U 5 obtaining financing. Lenders may not consider financing an unremediated site and may also be reluctant to finance a property that has been remediated, usually due to cone= that government agencies do not permanently certify a site as clean. The result could be an environmental review of the property, additional loan points, a higher interest rate, or a lower loan-to -value ratio. In the end, the property owner could pay additional financing costs. A damaged property, may also incur re- strictions in use. For example, a formally contaminated site may be limited to industrial uses, even if it had previously been a commercial or residential use. This issue must be individually studied for any damaged property. Market resistance. At this point, the total costs and losses are subtotaled, and an ad- justment is made for the overall market re- sistance to the property, if any. This adjustment reflects the market's post -repair resistance to purchase the property when similar properties without a history of defectiveness are available. Valuation as is. To derive the value, as is, all the above issues must be addressed, quanti- fied, and deducted from the value as if no DC exists. The total losses attributable to a DC can range from being nominal to exceeding the Class I value. Additionally, the costs of remediation may actually be minor compared with all the associated costs. DC CLASSIFICATIONS Class I—No Detrimental Conditions or Be- nign Condition Class I is the most straight- forward because it involves an absence of DCs. Many DC assignments include the initial step of determining the market value as if no DC exists. The formulas relating to the concepts of Classes I through X are summarized in figure 3. This class also involves situations in which an act or event occurs, but the issue has no effect on value. Such cases can involve any one of the DC Classes II through IX. This concept is straightforward, but it can be the grounds for litigation. For example, a plaintiff may contend that some condition affected his or her property value, while the defendant claims that the event had no impact on value. One way to determine if an issue is, in fact, a DC is with a paired -sales analysis. In this process, market data that is clearly unaffected by the issue is collected and then compared with similar market data that is affected. If a legitimate DC exists, there will likely be a measurable and consistent difference between the two sets of market data; if not, there will likely be no significant difference between the two sets of data. When a published study about a neighborhood adjacent to a well - designed landfill in the Los Angeles area was compared with comparable neighborhoods some distance from the landfill, the results indicated no significant difference between the two neighborhoods in either current prices or appreciation rates. 3 Class II— Non - market Premium. Class II in- cludes assemblage, redevelopment zones, and other situations where the buyer paid a premium. This is a detrimental condition in terms of the higher price being paid by the buyer. Class III- Market Condition. Class III includes the normal cycle of the real estate market when values increase, decrease, or remain level over ; specific period of time. These patterns of value are simply the effects of the general economy coupled with real estate supply and demand. This is a significant classification because a certain condition might be suspected to have affected the value when, in fact, the DC was benign, and the market conditions caused the loss or gain in value. In addition, each of the other graphs depicting the common characteristics of the impact of various DCs on value is based on level market conditions. In reality, market conditions may have an added impact in and of themselves, thereby requiring adjustments for market conditions with any one of the various classifications of DCs. One way of measuring Class III conditions may be to study several comparable sales that resold at a later date. By comparing the initial and subsequent sales dates and values, a determination can be made about the market trends. Graphically, Class III simply reflects increased, decreased, or level market conditions over time. Class IV— Temporary Condition. Because this class describes DCs that are only 3. DonaldR Bleich, M Chapman Findlay,KwdG. Michael Phillips, "An Evaloationofthe Imp=tofa Well - Designed landfill on Summmding Property Values, "The Appraisal Journal (April 1991):247, Bell: The Impact ofOatrimanta /Conditions on Pfopefty !/aloes During the remediation process, there may be disruptions to the property's use, resulting in a loss of rental revenues or the utility of the property. 383 Q 6 Figure 3 Detrimental Conditions Valuation Formulas temporary in nature, the loss in value is limited to the disruption caused by the temporary condition. The most common Class IV situation involves temporary construction easements in which a portion of a property is used by another party while adjoining construction is underway. Upon the completion of construction, the full use of the property is returned to its original state.. This temporary disruption can affect value. For example, if temporary construction disrupts the traffic patterns of a shopping center, the diminution in value may be extracted from the lost revenues, higher vacancy rates, and other related losses. The diminution in value would be in addition to the rental rate of the land being used during the temporary construction. Further, while the effects of bankruptcy are often a benign Class 1 DC, this situation may be a Class IV DC if there is substantial deferred maintenance or there are other temporary conditions that affect the value. Another type of Class IV DC involves absorption losses. For example, if a particular condition causes a major tenant to vacate the building abruptly, the property value would drop upon the tenant's departure and then increase over time as the vacant space is absorbed. Absorption losses specifically include lost rents, leasing commissions, and tenant improvements. Class IV conditions may also be the result of crime scene or other tragic event. Media coverage of the incident might negatively influence the market's perception. Interviews with brokers and agents indicate that, when disclosed, a violent crime committed within a residence adversely affects value As depicted by the graphs, these types of conditions may either have a brief effect only or have a long- lasting effect that could diminish with time. In some extreme situations, the memories caused by the tragedy may be sc unpleasant that the improvements are eventually demolished; however, the stigma tends to impact the site continuously. Measuring Class IV DCs often involve comparing the subject property to other properties in similar Class IV situations and subsequently sold to buyers informed of the tragic event. (A lower sales price is often required to entice buyers to purchase these properties.) The Class IV graphs may reflect only a short and temporary drop in value if the condition is minor and forgotten by market participants quickly. It may also reflect a sudden drop with [ gradual increase in value as the market eventually becomes more accepting of the situation. Class V— Imposed Condition Adverse ex- ternal factors, eminent domain, undesirable acts, or forced events by another person or entity constitute Class V conditions. 4. Sheila A. Tattle, "Effects of Violent Crimes on Residential Property Values," The Appraisal Joumal(July 1988):342. 384 The Appraisal Journal, October 1998 1 , f I Specifically, the DCs can be imposed governmental conditions such as down - zoning, special bond assessments, or the designation of a property as a historic site. Examples of adverse external factors are dumps, landfills, factories that produce noise and bad odors, neighbors that allow their property to deteriorate, and trans- mission lines.' They may also include the dis- covery that improvements were illegally con- structed, or the development of surrounding nuisances (or perceived nuisances) such as a sewer treatment plant, airport noise, or a prison. For example, published studies illustrate that there is a measurable impact on values due to international airport noise. a In addition, Class VI DCs apply to eminent domain situations, especially a partial taking, and to willfitl acts of the property owner, such as entering into a ground lease. In some situations, the effects of an imposed condition may be relatively easy to assess. In other cases, the imposed condition may be unclear and require special studies to predict how the market will change. Upon full investigation and assessment, the uncertainties are eliminated and the value of the property generally increases. Graphically, Class V often reflects a sudden drop in value upon the occurrence of the DC and a permanent loss in value as a result of the imposed condition. In a situation involving diminishing effects, such as a ground lease, the leasehold value gradually decreases over time. Class VI— Building Construction Condition The basic premise of both Class VI and VII DCs is that they are manmade, which means that they can often be repaired. Class VI DCs involve construction issues above grade. As such, they are relatively easy to assess, and often result in the restoration of the property's full value upon completion of the repairs. Typically, the problems are self - evident, and no special studies are required to determine the scope of the problem; however, all potential losses should be addressed. To quantify these types of DCs, the appraiser must study the cost of repairs, engineering, related services such as relocating the tenant, free rent for the tenant while repairs are being made, post -repair cleanup, and so forth. Some tenant relocation costs can partially, if not entirely, be mitigated simply by waiting until the property is vacant to make the repairs. Depicted on a graph, a Class VI situation may show a drop in value upon the discovery of the condition and a return to full value upon the repair of the condition. In unusual circumstances, there may be an ongoing condition that remains because it is not physically or economically possible to cure, thereby resulting in a permanent loss in the value of the improvements. For example, if a construction defect cannot be economically repaired, it may be a situation similar to inadequate insulation or asbestos abatement. The most noteworthy example of this situation is asbestos containing materials, which because they may be impractical to remove from a building, are an ongoing condition. Air monitoring may be required throughout the life of the improvements and special handing and disposal costs would be incurred if the building is eventually demolished.' Under this condition, the graphic illustration reflects a permanent loss of value because the condition remains, or is perceived to remain, unchanged overtime. . Class VII —Soil or Geotechnical Constrno- tion Condition These DCs, which involve construction issues below grade, are more difficult to assess and repair than Class VI conditions because of the challenges of assessing conditions below grade and the associated drilling, coring, and excavation. This category of DCs could include site grading; soil cut, fill, and compacting; slopes; drainage; tunneling; or retaining walls. Often, Class VII DCs can be assessed and repaired even if the foundation must be reinforced or the improvements underpinned. Like Class VI DCs, calculating the diminution in value would involve the review of the functional utility of the property, repairs that are necessary to prevent a loss to life or property, repair costs, engineering costs, disruption to the property, etc. These conditions are manmade and can usually be corrected although in some extreme conditions, they cannot be repaired and an ongoing condition may remain, affecting the value if the functional utility of the property is diminished or the market 5. HsiangteYwog and Charles F. Seagle, "Impact ofTrananission Lines m Property Values: A Case Study," The Appraisal Journal (July 1992):413. 6. Marvin Frankel, "AirpottNoise and Residential Property Values: Results of a Survey Study," The Appraisal Journal (January 1991): 96 -110. 7. Randall Bell, 'The hnpact of Asbestos on Real Estate Values;' Right of Way (October 1994):10-21. Bell: The Impact ofDetnmenfa /ConditmsoflRepedyVa/ues Class VI DCs are relatively easy to assess, and often result in the restoration of the property's full value upon completion of the repairs. 385 or the market perceives the ongoing issue to impact the value. Thus, the functional use of the property and the necessary repairs must be carefully reviewed. For example, if a site has fill soil that is up to 100 feet deep and differential settlement occurs, it may not be economically or physically possible to install piles and extra building foundations to the bedrock to support the improvements and ftilly" mitigate the situation. As a result, it may be reasonable to expect that the property will be more prone to earthquake damage and continued settlement damage. In this type of condition, the value of the property may be permanently impaired and beyond the other Class VI and VII categories. On the other hand, some Class VI and VII DCs do not have any effect on the rental rates paid by tenants, or the property's liability or utility and may, therefore, be questionable as Class VI or VII DCs at all, if the capitalization rate is also unaffected. For example, if improperly compacted shallow soils cause some minor settlement cracks on the floor of a warehouse building, and similar settlement cracks are commonly found in comparable properties with no known soils problems, the issue may not have any impact on value. This is particularly true if the tenants' use of the property is unaffected by the condition and the marketability of the space is comparable to that of similar properties. The Class VII graph indicates a loss in value when the condition is discovered and a return to the non - impacted value upon the assessment and repair of the condition. As stated, in some unusual conditions, there may be a residual market resistance remaining even after repairs are made. Class VIII — Environmental Condition Class VIII involves environmental contamination such as hydrocarbons, asbestos, radioactive waste, solvents, and metals. In these situations, remediation costs must be analyzed carefully. There may be a variance between estimated and actual remediation costs .8 However, in recent years, this concern has subsided somewhat due to the introduction of cost cap insurance and increased use of indemnifications by responsible parties. In ad- dition, if the property is contaminated, there may be continued and justified concerns about problems and issues resurfacing in the future. The Environmental Protection Agency maintains a list of problem sites, including those yet to be investigated. These lists are available on request, and if a problem arises, a Freedom of Inforntation Act officer can be contacted? No government agency will irrevocably certify a site as clean even if the site has undergone remediation and has site closure status.10 In fact, once contaminated, a site is always on a list and, as a result, may be reex- amined in the future. Further, it is difficult to prove that all contaminants were removed and no longer exist. In other words, it is logically and scientifically impossible to prove a negative hypothesis and regardless of how much time, energy, or resources are expended, absolute assurance is impossible." Figure 4 shows the general flow of activity related to a contaminated site and the possible circular nature of this process: " In recent years, "letters of nonresponsibility` and other mitigation techniques have elevated many of these concerns. As shown on the chart, even with site closure, the sale, refinancing, or new use of a property may trigger a Phase I survey, which in turn could lead to a Phase II study. This, of course, could result in another review of the property by the government regulatory agency, with possible new political agendas or other factors altered since the previous site closure was issued. This means that, in rare instances, a formerly contaminated site could be subjected through the site assessment and remediation process again. Stigma- related losses can be nonexistent, nominal or, in extreme situations, virtually destroy a property's value." When environ mental features are viewed as repulsive, upsetting, or disruptive, they are stigmatized as undesirable. 14 While engineering experts may possess the expertise to judge that a specific 8. Albert R. Wilson, "Emerging Approaches to Impaired Property Valuation," The Appraisal Journal (April 1996):156.9. Ralph IC Olsen; "Hazardous waste Sites, "The Appraisal Journal (April 1989):234. 10. Wilson,158. 11. Albert R_ Wilson, 'The Environmental Opinion: Basisfor an hapaired Value Opinion," The Appraisal Journal (July 1994).441.12. Randall Bell, "Quantifying Dummntion in Value Due to Detrimental Conditions: An Application to Environmentally Contaminated Properties," Environmental Clamps Journal (October 1996):135. 13, Peter J. Patchin, "Contaminated Pmpeniesand the Sales Comparison Approach," The Appraisal Journal (July 1994):408.14. Bill Mundy, "Stigma and Value," The Appraisal Journal (January 1992): 10. No government agency will irrevocably certify a site as clean even if the site has undergone remediation and has site closure status. 386 The Appraisal Joumal, October 1998 �I (� situation is not a cause for concern, the non - engineer, who is also often the potential buyer and lender, may view a formerly damaged property with skepticism. In contamination cases, the reduction in value results from the increased risk associated with the contaminated property." Such ongoing concerns may create market resistance - sometimes referred to as stigma, onus, taint, or impairmentagainsi properties that have a history of problems and have potentially incurred future liabilities or hidden cleanup costs, as well as against the general hassle involved with owning the property. With source contamination properties, all elements of the DC Model should be considered. Class IX— Natural Condition Class IX in- volves curable natural conditions that may be economically and physically repaired. These would include earthquakes, tornadoes, floods, landslides, endangered species, and other natural conditions. These DCs may involve a significant safety issue to the occupants of the property. If the DC can be fully assessed and repaired, the property value may return to the previous level before the condition existed. However, if there is still a question about the effectiveness of the repair or remediation, there may be a residual loss of value. Again, the impact on value involves the costs to clean up or fortify the site, incidental costs, and any residual conditions. All the elements of the DC Model should be considered. Class X— Incurable Condition This class represents the most serious cases, for the property may not be economically or physically remedied, resulting in considerable or total loss in property value. The property may be a liability if the condition creates a 15. James A Chshners and Scott A. Roehr, "Issues in the Valuation of Contaminated Property," The Appraisal Journal(January 1993): 33. Bell: The Impact ofDetdmental Conditions on Properly Values 387 J � serious hazard or the cost to repair exceeds the property value. Examples of Class X DCs would include extreme toxic or hazardous waste issues and major landslides- situations that pose a risk to life, health, and property, and cannot be economically and physically repaired. Even if the DC is curable, it would still be considered Class X because the problem cannot be cured by the property owner. For example, if a landslide originates in an adjoining canyon, the property owner cannot make repairs to the affected property because it belongs to another person or entity. Class X conditions bring about a total or an overwhelming loss in value upon the discovery of the condition and are so severe that property becomes worthless or even a liability if the costs to correct the DC exceeds the property's Class 1 value. Methodologies to Quantify Diminution in Value General research sources. Regardless of the method used in quantifying the impact of a DC, market data must be collected and analyzed. The challenge is that comparable information on DCs is often not provided in typical appraisal reports. For this reason, specialized research methods must be employed. For example, if the DC is soils subsidence, a search may be conducted for all articles published on the topic. From this information, property owners and brokers may be contacted and interviewed. Also, government agencies, environmental engineers, and soils engineers often have logs of completed remediation projects from which specific projects may be identified and studied. Of course, brokers and sales agents often pro- vide excellent leads on properties affected by DCs. Comps Infosystems, Inc., based in San Diego, California, now publishes market data nationwide that is categorized by the Bell Chart. Paired -sales analysis. This process involves comparing sales affected by a DC with similar sales not affected by a DC. For example, a group of properties under the flight path of an airport can be compared with similar properties not located under the flight path. Resale analysis. To conduct this analysis, the appraiser would study sales comparables and the subsequent resales of the same properties, usually to determine the increase, decrease, or level conditions of market values, or to determine the impact of a DC by comparing values before and after the DC is discovered. For example, if there is a discernible pattern to the selling prices of a specific property type, the effects and direction of the market can be determined. Cost -to- remediate analysis. Conducting this analysis means studying the costs to remediate DC, including engineering, tenant relocation, lost rents, demolition, repair, cleanup, new tenant improvement buildout, leasing commissions, carrying costs, etc. Market data analysis. This analysis consists of studying the effects of DCs on other properties. Although the unique characteristics of every DC makes direct comparison difficult, market data can help support the appraiser's conclusions. A study designed to cross - reference remediation and stigma costs and losses illustrates the wide range of effects of DCs and provides market data on conditions of sales comparables (see table 1). Direct capitalization analysis. This process capitalizes permanent lost rents brought about by s DC. For example, if a property leases for a certain rate before the construction of an adjoining sewage treatment plant and then leases for less upon the completion of the plant, the difference in the nel operating income may be capitalized to determine the permanent impact of the DC. If the income and risks (capitalization or discount rates) are affected, the situation must be addressed, using specific methods. 16 Discounted cash flow analysis. This analysis involves the calculation of the net present value of a stream of income that reflects an affected property's various costs and fluctuating revenues. If a property is undergoing asbestos abatement or soils remediation, the cash flow study would incorporate all the costs cited in the cost -to- repair approach. In addition, the cash flow would include air or ground water monitoring costs and, if some contaminants remain, any future demolition, disposal, or cleanup costs. Further, the discount rate may be increased to account for the perceived risks of property ownership, if supported by the market. Modified cash flow studies are also required to measure the impact of a ground lease on leasehold estates. These leasehold 16. Richard A. Neustem, "Estimating Value Dimimrtionby the Income Approach," The Appraisal Journal (April 1992r 283 -287. 388 The Appraisal Joumal, October 1998 51 advantage studies involve the calculation of market and contract ground rents and the computation of the net present value of any difference. ANALYZING DETRIMENTAL CONDITIONS The basic guidelines for analyzing DCs are summarized in the following: Always use market data when quantifying the impact of DCs on value. Quantifying damages based solely on experience and professional judgment is reckless and probably unethical, particularly when market data exists for virtually all DCs. In the absence of direct market data, surveys may be used. Failing to research and apply relevant market data is the single most common Raw in DC analysis. Some in dividuals tend to lump all DCs together when discussing or writing about various conditions. Be careful to understand the limitations of such information, as there are distinct traits for each classification of DCs. 2. Be cautious in using market data from one DC classification when attempting to quantify the diminution in value of another DC category. This is the basic concept of comparing apples to apples. The common characteristics of each class of DCs are graphically distinct. Some DCs involve repairs and some do not; some involve permanent residual conditions while others diminish over time; some involve engineering studies and others do not, and so forth. 3. An appraiser should never go beyond his or her area of expertise. It is unethical for appraisers to go beyond their area of expertise, such as assessing soils con- ditions, making engineering calculations, identifying contaminants, estimating the extent of damages or contamination, or estimating the time to remediate.17 4. Consider the reliability of remediation es- timates. It is not uncommon for remed- iation projects to incur cost overruns. Many issues and questions should be con- sidered, such as: Does the contractor have a contract clause that allows for additional costs? Is the property indemnified against cost overruns? Are the estimates best case, most likely, or worst case scenarios? Do bonds, cost capitalization insurance, or in- demnifications exist that shift the liability overruns to the ..contractor, insurance company, or other party? Are the estimates itemized to reveal any additional incidental costs? Is the site assessment comprehensive enough to yield a realistic cost estimate? 18 Always review the remediation costs and related engineering costs for "rea- sonableness". While real estate appraisers and analysts are generally not also engineers, it is not only possible but appropriate that these costs be reviewed for basic reasonableness. 19 6. Consider all the associated repair costs. The actual cost of repair can often be relatively minor compared with all the associated costs, such as engineering costs, tenant relocation, lost rents, demolition, repair, clean-up, tenant improvement buildout, leasing commissions, and absorption. All costs should be itemized, categorized, and analyzed. Never attempt to quantify damages based solely on the Bell Chart. The chart is in no way intended to quantify any loss in value. This can be accomplished only by a comprehensive study by a qualified expert. However, the Bell Chart does show the general issues, typical value patterns, and relative impact on values for various classifications. 8. Exceptions do exist, but usually only in more extreme circumstances. These charts reflect the common characteristics of DCs, but exceptions do exist. For example, a construction defect may be so major that it takes many years to repair. This situation may involve considerable disruptions to the tenants and even create media attention. In these types of conditions, the property value may be impacted by negative market reactions to the problems even after the repairs are fully completed. 17. Appraisal Institute, "Guide Notes to The Standards of Professional Appraisal Practice, Guide Note 8 -The Consideration offlazardous Substances in the Appraisal Process" (Chicago,lllinois: Appraisal Institute, 1991)t Wt. 18. Ibid., Guide Note 6- Reliance on Reports Prepared by Others, D14. 19. Ibid. Bell: The Impact ofDefimental Condttioru on Property Values Appraisers should always review the remediation costs and related engineering costs for reasonableness. 9.191 5a 9. Study the functional utility and mitigation issues carefully. The issues related to the DC's actual impact on the utility of a property must be addressed. For example, some DCs do not require immediate repair, and the costs may be significantly mitigated by merely waiting for a naturally occurring tenant vacancy before repairing the problem. Other DCs may affect the property, but the rents, occupancy, and resale value remain unaffected. In these cases, the DC may, in fact, be benign. How the DC has had a real or perceived impact on the day -to -day use of the property must be considered. For example, a few years ago asbestos abatement was considered a necessity by many. Today the perception that asbestos is a heath risk has diminished. 10. Recognize the various dimensions of using the Bell Chart. The applications for using the standard Bell Chart classifica lions are far- reaching. In fact, it is possible that one property issue will involve the use of three or more classifications. A property owner may contend that an adjoining development caused his or her property value to decline when market conditions are actually to blame. The property owner might inappropriately use the Class V criteria and presume an impact on value, but the proper analysis would involve a Class I analysis to demonstrate that the condition is benign. Class III would be used to illustrate the real cause of the declining value. By properly classifying DCs, selecting the appropriate method, and following these basic rules, each individual situation may be more effectively and accurately studied. Relevant market data can then be researched and the proper methods applied. CONCLUSION Quantifying the value diminution of property affected by a detrimental condition can be a challenging appraisal assignment. The appraiser must recognize six basic issues: (1) the value as if the property is unaffected by the DC; (2) the value upon the DC's occurrence or its discovery, (3) the necessity for a proper and thorough assessment of the situation; (4) the determination of value upon completion of repairs -i.a, the condition is otherwise resolved; (5) the necessity for the value conclusion to take into account any ongoing costs; and (6) the need to examine the impact of any market resistance. In other words, the appraiser must examine the full spectrum of events -before remediation, the remediation process itself, post - remediation, and any post -repair market resistance caused by the situation. The result should be ; meaningful and accurate assessment of hew a det- rimental condition has affected the value. Bell: The Impact ofDetl7mental Condilions on ftpedy Values 391 5 L RECENED BY Newport Beach City Council PLANNING DEPARTMENT Newport Beach Planning Commission CITY OF NE \NPOPT BEACH 3300 Newport Boulevard sPP 17 2002 Newport Beach, CA 92663 AM PM September 13, 2002 7iBi9il0illi12ili2i3i4iBi6 Dear Council Members and Commissioners, I first moved to Newport Beach, 38 years ago, at the age of 7. At the time it was just hills between CdM and the airstrip we now know as John Wayne Airport. No Fashion Island, Newport Center, Big Canyon, Harbor View Homes, Spyglass Hill, Belcourt, etc. There was the little neighborhood of Harbor View, seen for miles at Christmas time with its blue and green Christmas lights and a huge white star on every house. We moved in to Eastbluff when it was new and ran down the hill and across the big field that is now the Bluffs to explore the old salt mine in the back bay. Slowly, the open land disappeared. One field after another was developed, and the city has grown more and more beautiful over the years. Now my church would like to build a temple on a small parcel at the edge of town. The main objectors to the project are new residents who somehow think they have a right to "conserve" the city now that they are comfortably sitting on a bluff that 5 years ago offered grazing cattle and a panoramic view all across the county towards Brea. I don't understand the logic. Only a handful of people in Bonita Canyon will even be able to glimpse the temple from their property. The temple will be beautiful. Every temple project meets with strong opposition, with most of the roots found in doctrinal opposition. For example, a few years ago, when our chapel opened, our youth,distributed flyers inviting the public to an open house: One Seawind resident, Randy Hunter, sent a letter to our stake president threatening to have any Mormon arrested who stepped foot on his property again, and furthermore, that we "don't have the right to call ourselves a church." I notice he is now one of the main spokespeople for the opposition. - Please don't let a very few squeaky wheels convince you to turn down something that will add so much peace and beauty to the city. This topic has gotten plenty of press, and a very few residents of the city have bothered to speak out in opposition. I back up to Bonita Canyon road —and where I once saw cows and city lights, I now see 500 yards plus of Irvine -like adobe houses, with associated street lighting, house lighting and traffic. I would like to see a temple in my view too, please. Lisa Jarvie 1918 Port Cardiff Place 5� Campbell, James From: Roger Gilbert Docegil @adelphia.net] Sent: Saturday, September 21, 2002 11:45 AM To: Jim (James) Campbell Subject: My Thoughts re "Spire "--- - - - - -- Hi There Dear Mr. Campbell -- after speaking to a very nice, polite person in the Planning Department, I decided to follow her recommendation and send a note re the Mormon Spire -- I believe that if that is one of the things that is important to the Mormon "Way of Worship" than they should be allowed to have their Spire be the number of feet that they so desire ......... I simply cannot believe that it will interfere with the view (visual or opinionated) of some homeowners -- do they walk around with their heads pointed upward all the time? If they are driving they should be looking out the front window of their car -- and if they are walking they should be looking at curbs, bumps in the sidewalk, or else smiling and talking to their companion..... I also think that such negativism is intolerant and what does that teach one's children - - - - -- normally I do not write "letters" or opinions even though I have strong thoughts on most everything -- but this seemed like such a nit picky thing on the part of some people that I am putting "my two cents in" ...... I had called Mr. Bromberg, our city council rep, and he said that if the Mormons got their way than all the other churches might raise their steeples too (and actually no one should mind if they did) -- I presume he was talking just a rhetorical scenario...... well, this note is much to long but I just get a bit weary of reading how petty some of the issues are that some segments of our city complain about when there are more.important things going on in this world of ours....... Sincerely, Jocelyn Gilbert........ 1 5(o Page 1 of 1 Campbell, James From: phil and barbara kilmer [barill @pacbell.net] Sent: Tuesday, September 24, 2002 5:03 PM To: jcampbell *city.newport- beach.ca.us Subject: Moorman Temple Please take a moment to read my note, it is of great concern to me. Thank You. I reside in "Harbor View homes ", in the immediate proximity of the purpose Mormon temple. The crane was viewed and did little to show the true impact of temple on the surrounding communities. The only way to understand the impact on our community is to see a similar Mormon Temple. Hopefully you have viewed one of these temples, if not you should observe the Mormon temple on the way to San Diego, on the left next to the freeway, you cannot miss it. After speaking with James Campbell, the Senior Planner assigned to this project, I felt very little resistance to this project from the planning Department, thus my note to you. CONCERNS I understand that religious organizations have some leeway in the variance process, but this project has gone considerable past the normal exception that may be considered. This proposed Temple is in the middle of a residential district. The structure exceeds maximum height and illumination requirements. The fact they may consider turning off or lowering the lights on the lower portion of the building, except their angle on top of the steeple, which will remain illuminated all night does not warrant an exception. If the city waives the height and lighting requirements, what about the other churches in the immediate area? If they request to add excessive steeples will the city allow them the exception? Maybe we could have a steeple build contest. Joking. Frankly the temples excessive height and illumination would be an unwanted intrusion in the lives of the residence of our community. Remember the FLETCHER JONES affair? Lastly, I don't see any real benefit to the City, unless it receives some kind of tax revenue from the project, or the community. One of the major religious believes is to love thy neighbor and do unto others as you would have them do to you. With that in mind, how can a particular religious group attempt to force an unwanted structure on any community? The word "force" may seem harsh, but in reality I understand that the Mormon Church has and is prepared to do what ever it takes to accomplish their goal, including litigation. Guess who pays the legal fees? The City and ultimately the taxpayers. I know you are aware of the above, but please remember the people of the communities involved when decision must be made on this matter. Thank You Phillip S. Kilmer 09/27/2002 �1 THIS PAGE INTENTIONALLY LEFT BLANK 5� Exhibit # 5 Additional comments on the EIR and responses to comments (to be submitted at the meeting). 6 � THIS PAGE INTENTIONALLY LEFT BLANK Go Exhibit # 6 Draft resolution for project approval — 100 -foot Temple 4 THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH CERTIFYING AN ENVIRONMENTAL IMPACT REPORT NO. 2002 -001 AND APPROVING USE PERMIT NO. 2002 -036 AND SITE PLAN REVIEW NO. 2002-005 FOR THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, NEWPORT BEACH TEMPLE TO BE LOCATED AT 2300 BONITA CANYON DRIVE (PA2001 -208). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was filed by the Church of Jesus Y , f Latter Day Saints. with respect to property located at 2300 Bonita Canyon Drive, and ,l ally "' ribed as Parcel 1 per Exhibit B attached to Lot Line Adjustment No. 14065 -LL} orded per Document No. 93- 0425720, for a Use Permit and Site Plan Rev* to all c struction and operation of a Temple on an 8.65 acre site within the Bonita Con Plan , Community. The request also includes consideration of a 124 foot high 0 ed the maximum allowable height of 50 feet. Section 2. A public hearing was 6:30 P.M. in the City Hall Council Chan California. A notice of time, place and information, and opinion, both it.. and i materials and diagrams weresentef a meetings. ber 5,02 and October 3, 2002, at Boulevard, Newport Beach, ie meetings was given. Evidence, ags, photographs, plans, simulations by the Planning Commission at the Section 3 'N W iWpmmisstin finds as follows: 4 at' .. 1. The project site rs esrgnate�overiitthtal, Educational and Institutional Facilities by the Land Uslementrn .ythe Ge al Plan. This land use designation is applied to areas developed uses orm physical and social infrastructure of the community and are desig ettg educ cilities, municipal uses, hospitals, libraries and churches, among oth °r civlated uses. The proposed project, a place of religious worship or church, is listed as a permi ' nstitutional use within this land use category. 2. The proposed project is consistent with Land Use Element Policy A as the site is in close proximity to residents of the community, thereby providing convenient access to the facility. Additionally, the site is located in close proximity to major highways (MacArthur Blvd./Bonita Canyon Dr. /SR -73) to allow safe and convenient access for visitors to the proposed project while not significantly impacting levels of traffic service as concluded by the EIR. 3. The proposed project is consistent with Land Use Element Policy D. The project site does not possess any natural resources, nor does it constitute a natural landform warranting preservation, due to the past grading of the site. The site is not within a designated scenic vista, and the project does not significantly block public views due to the slender design of the steeple, although the project will be highly visible from public areas. 65 Resolution No. Page 2 of 8 4. The proposed use is within Sub Area No. 7 of the Bonita Canyon Planned Community, which is designated for Public /Semipublic uses. The purpose of the designation is contained within the preface of the Planned Community Development Plan and states that "Sub -area 7 is designated Public /Semipublic to reflect an existing church on the property." The existing church on the property is the LDS Stake Center. An LDS Temple is consistent with the designation of the site. 5. Use Permit No. 2002 -36 for the proposed LDS Temple and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvement, in the vicinity or to the general welfare of the city for the following reasons: 1 � �` a) The project site and the operation of the proposed Temple War with the General Plan and are consistent with the purpose of the Publi c { ion of the property by the Bonita Canyon Planned Community Devpment PW b) The operation and maintenance of the adverse impacts to the area as cone signalized intersection on a major H provided given the proposed schedule shared use of the parking lot with the for the project concludes that no implementation of the pog ft� ar,_ c) The proposed Temple traffic on Sundays wh( d) The closest fee 8.65 aes and the pr N ,site west, q3 9 feet }. n area e t `ipated to generate has access from a lequ off- street parking will be of tl remple, taking into account tir. The traffic study prepared 6c impacts will result with the with similar uses but will not contribute to the area are more active. rsef L ted within Bonita Canyon Village, which is t away at itcjosest point from the proposed Temple. The site is ple H, the proposed Temple is roughly located in the Center of :tbac)€of 83 feet to the south, 291 feet to the east, 379 feet to the =north provide adequate separation of the Temple from its in making the project more compatible with the community. e) Exterior illuminati bri of the proposed Temple is designed to focus light on the Temple and steeple while minimizing light and glare in the surrounding area. The hours of illumination are also limited and not 24 hours a day. f) The requested height of 123 feet, 9 inches is not compatible with the surrounding area as there are no other comparable structures of this height within the City. The reduction of the overall height of the Temple from 123 feet, 9 inches to 100 feet above the proposed finished floor of 193.5 feet above mean sea level will make the proposed structure more compatible with area. A 100 feet overall height limitation will reduce the impact of the proposed Temple upon public and private views in the surrounding area. A 100 -foot high Temple meets the applicants project objective To provide a highly visible site and a distinctive Temple with a steeple sufficiently high and illuminated to be seen from a �94 Resolution No. Page 3 of 8 substantial distance" based upon the visibility of a crane that was installed at the site to simulate the height of the steeple in January of 2002. A 100 -foot high Temple, including the steeple and angel figure will be approximately 17.5 feet taller than the adjacent Stake Center and does not eliminate visibility of the Temple from the same distances and locations as the higher requested height. Due to this height differential with the Stake Center, as well as the overall site design, building architecture and lighting, the proposed Temple will be more prominent than the adjacent Stake Center. The reduced height of the Temple in no way limits religious activities conducted within the Temple. g) A finding that the proposed use is not detrimental to the community is further supported by the facts in support of approval of Site Plan Review N 2002 -005. Said facts in support of SR2002 -005 as outlined in paragraph 6 below "by incorporated by reference. 6. The proposed project is consistent with the intent and pure ate ' (Site Plan Review) and warrants approval based upon the following is relate' r the standards for approval of a Site Plan Review application: IWO,, ,a a) The site will be graded and developedith d egard�, t[[�tetic qualities of the site even though additional filling of a sateuvill be nssary to achieve the grades � proposed. The site slopes moderately fr abu street #o the north and east toward Bonita Canyon Village and the San atn t, . ';<<„ sportation Corridor, and the elevation changes from approximately 195 fel �M p roximately 175 feet above mean sea level. The pad elevation :i:roposedmpfa t1 193 feet with the finished floor being 193.5 feet. This fmishe oor' ion 3 5 feet above the finished floor of the abutting tZI Stake Center and roughl foot lor,than Bonita Canyon Drive approximately 340 feet from its intersect�ort. witlia aine RorC The intersection is approximately 10 feet above the proposed f0slie l(po?.91. site al has no unique natural landforms due to the past grading of th to and rrtees Escaping. b) The pit osed , ` ect is inpatible with the character of the neighborhood and surrou sites no etrimental to the orderly and harmonious development of the suuti,gs and" City. The area is characterized by a mixture of residential uses, ehurch&QR park, a preschool and a shopping center. The area is not a "densely" urbanized area lt, compared to other areas of the city and is "suburban" in character with many open space areas. These open areas include the adjacent open canyon near SR- 73, Bonita Canyon Sports Park and numerous landscaped areas within medians, parkways and other setback areas. The site is bordered on two sides by open space and Bonita Canyon Drive providing additional separation from nearby land uses. Nearby residential structures are approximately 28 -30 feet in height and are not located in close proximity to the proposed Temple as they are located over 620 feet away. The nearby churches are large buildings comparable in size to the project although the proposed steeple is higher than other buildings and steeples in the area. The Temple will have significant setbacks from property lines, low lot coverage and 5.5 acres of landscaping that when combined assist in making the development more compatible with its surroundings. The granite exterior finish with its "flamed" property is not reflective. The �5 Resolution No. Page 4 of 8 color of granite selected by the Church is warm and earth toned, which is compatible with the colors of the surrounding community. c) The site is not within a designated scenic vista and the project does not significantly block public views due to the slender design of the steeple. It is acknowledged that the project will be highly visible from public areas. The view simulations that were prepared for the EIR show that the Temple steeple will make up a small percentage of the viewable area and not block public views. d) The site is not within a designated Environmentally Sensitive Area (ESA) and the construction and operation of the proposed Temple will not i act any ESA. The site is devoid of sensitive resources or submerged lands. No 'g-archaeological and historical resources are known to exist and are unlikely to due to the highly disturbed nature of the site from its previous gradi The ° plan includes approximately 5.5 acres of landscaped gardens and wal wi anted with some mature plantings. This high percentage of lands ing an":.: a re atively small footprint of the proposed Temple (approximately, 0 4 �es) mak a site plan more compatible with the open space areas that abut t . " e) Consideration was also made for share. pgrk&V usage the adjacent Stake Center. The circulation and parking layout mee exc�s. Crty r ' ign standards. The site plan includes several walkways within and d thdtris and a separate pedestrian crossing is provided between the proposed' ample and the Stake Center. Both the Planning and Public Wo.artments �t ve rowed the proposed site plan for proper pedestrian and vehicle netiom till h found that the site plan does not present any negative circulation iss with eif Temple operation or shared parking usage with the adjacent Stake QgMer. f) Electrical serge will ft oground and mechanical equipment will be within the building ogncealed " .1md roof parapets and will not be visible from the ground. AlthoiT trash ge ared *hare not specifically delineated on the plans, trash storage will b mmodrthenclosures or within the proposed building. 7. The conteilts o environmental document, including comments on the document and responses to the coments, have been considered in all the decisions on this project. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on the environment that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project or cumulative impacts that are anticipated in connection with the project. No mitigation measures are identified aside from implementation of the project as described in the project description and application of standard conditions of approval. Conditions of approval are applied that require implementation of the project as described and that apply standard conditions of approval. 6� Resolution No. Page 5of8 Section 4. Based on the aforementioned findings, the Planning Commission hereby certifies Environmental Impact Report (SCH #2002031048) and approves Use Permit No. 2001- 036 and Site Plan Review No. 2002 -005, subject to the conditions set forth in Exhibit "A" attached. Section 5. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PAS! LW M �1 Resolution No. Page 6 of 8 Exhibit "A" Conditions of Approval 1. The development shall be in substantial conformance with the approved plans except as modified below. The plans are identified by date as follows: Sheet No. Date Site plan 04 -5 -02 Conceptual grading plan 03 -7 -02 Landscape plan o5 -1 -02 Elevation A2.1 03 -3 -02 Elevation A2.2 03 -3 -02 Elevation A2.3 03 -3 -02 Elevation A2.4 03 -3 -02 2. The project is subject to all applicable City ordinances, specifically waived or modified by the conditions of approv: IS. sds, unless 3. Project approvals shall expire unless exer d wit 24`�th the effective date of , approval as specified in Section 20.914050A af. the Nev%rt Beach Municipal Code. Reasonable extensions may be gr m anted the "lpng rector in accordance with applicable regulations.,; , 4. The proposed project shalZ�tme a ran to the reglltre is of the Uniform Building Code, any local amendments t0 thetate,abled access requirements, unless otherwise approved by the Building nt z 5. The applicant sha�. °,iWWj a 7 dscape ate irrigation plan prepared by a licensed landscape architect or hcend archt for s� end adjacent off -site planting areas. These plans shall incorporate `ught tort plant #rigs and water efficient irrigation practices, and the plans shall be appro d by the anning Director prior to the issuance of a building permit. All planup[ 2areas be prded with a permanent underground automatic sprinkler irrigation' ste,of a ,table for the type and arrangement of the plant materials selected. �antiisg, , eas adjacent to vehicular activity shall be protected by a continuous concrete curb or si permanent barrier. Landscaping shall be located so as not to impede vehicular sight distanc'to the satisfaction of the Traffic Engineer. 6. 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. 7. All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. All work within the public right of way must be completed under an encroachment permit issued by the Public Works Department. L t 1 Resolution No. Page 7 of 8 8. 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. 9. A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements and public improvements prior to the .issuance of -a building permit. 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. 10. Fair Share traffic mitigation fees shall be paid to the City pri " a issuance of any building or grading permit for construction of the project. 11. All mechanical equipment shall be screened from view of �ope', d adjacent public streets, and shall be sound attenuated in accord , with ptW 0.26 of the Newport Beach Municipal Code, Community Noise Control. 12. Overhead utilities serving the site shall be paced u rgroun�to f est appropriate pole unless it is determined by the City Etr sneer 4hat such dergrounding is physically infeasible.n.� =::a:. 13. The on -site parking, vehicular circulation and pe than circulation systems shall be subject to further review by the Tr af Engineer %itnum of 146 parking spaces shall be provided in accordance witlffi�e Or€l pance 14. In accordance with the prow 9ns of C ter 13 of the Newport Beach Municipal Code or other applicable s,ff6i**ch r, streef7tees shall be required and shall be subject to the review and aupro, l of tiAimier �c.R and Public Works Departments. 15. The applipant shaPre respone for the payment of all applicable City plan check and 16. The over heig f the Temple including the steeple and angel, shall be no more than 100 feet from the propo finished floor elevation of 193.5 feet above mean sea level. 17. 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. 18. 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 site 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 N Resolution No. Page 8 of 8 environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 19. Architectural lighting of the Temple, including the steeple and angel figure, shall be aimed to illuminate the structure and shall avoid missing the structure to the maximum extent feasible. Light sources aimed to illuminate the steeple and angel shall be located such that the angle of light shall be no less than 70 degrees from the horizontal ground surface. Changes to the lighting system that would increase lighting levels or increase the lighting sources shall require an amendment to this Use Permit. 20. Lighting of the Temple steeple shall be limited to the hours of 5:C to 11:00PM. Any future increase in these hours of illumination or or additional light sources shall require an amendment to this Use 21. If a holiday lighting display within the project site is created OWN to the site that creates a need for traffic control, the applit costs associated with the City providing any increased necessary to properly manage the temporary increase `' c N � +L dui to sunrise and sunset iges in lighting levels visitors for the deemed Exhibit # 7 Draft resolution for project approval — 123 foot, 9 inch high Temple J1 THIS PAGE INTENTIONALLY LEFT BLANK �;L� RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH CERTIFYING AN ENVIRONMENTAL IMPACT REPORT NO. 2002 -001 AND APPROVING USE PERMIT NO. 2002 -036 AND SITE PLAN REVIEW NO. 2002 -005 FOR THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, NEWPORT BEACH TEMPLE TO BE LOCATED AT 2300 BONITA CANYON DRIVE (PA2001 -208). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: I, Section 1. An application was filed by the Church of Jesus y —, f Latter Day Saints. with respect to property located at 2300 Bonita Canyon Drive, and le ally ribed as Parcel 1 per Exhibit B attached to Lot Line Adjustment No. 14065 -LL," corded per Document No. 93- 0425720, for a Use Permit and Site Plan Rev to all ' e c'i- struction and operation of a Temple on an 8.65 acre site within the Bonita C on Plan Community. The request also includes consideration of a 124 -foot high stethanld eed the maximum allowable height of 50 feet. Section 2. A public hearing was 6:30 P.M. in the City Hall Council Chan California. A notice of time, place and information, and opinion, both Witten and c materials and diagrams were pre` .��,a« to a meetings. Section 3. fiber 5 2 and October 3, 2002, at Boulevard, Newport Beach, he ieetings was given. Evidence, ngs, photographs, plans, simulations by the Planning Commission at the finds as follows: 1. The project site resign' Governmental, Educational and Institutional Facilities by the Land UseE lement of th'`,„ neW Plan. This land use designation is applied to areas develope uses that R' :, physical and social infrastructure of the community and are desi educa % acilities, municipal uses, hospitals, libraries and churches, among otter civ lated ups. The proposed project, a place of religious worship or church, is listed as a pemu2nstitutional use within this land use category. 2. The proposed project is consistent with Land Use Element Policy A as the site is in close proximity to residents of the community, thereby providing convenient access to the facility. Additionally, the site is located in close proximity to major highways (MacArthur BlvdJBonita Canyon DrJSR -73) to allow safe and convenient access for visitors to the proposed project while not significantly impacting levels of traffic service as concluded by the EIR. 3. The proposed project is consistent with Land Use Element Policy D. The project site does not possess any natural resources, nor does it constitute a natural landform warranting preservation, due to the past grading of the site. The site is not within a designated scenic vista, and the project does not significantly block public views due to the slender design of the steeple, although the project will be highly visible from public areas. X13 Resolution No. Page 2 of 8 4. The proposed use is within Sub Area No. 7 of the Bonita Canyon Planned Community, which is designated for Public /Semipublic uses. The purpose of the designation is contained within the preface of the Planned Community Development Plan and states that "Sub -area 7 is designated Public /Semipublic to reflect an existing church on the property." The existing church on the property is the LDS Stake Center. An LDS Temple is consistent with the designation of the site. 5. Use Permit No. 2002 -36 for the proposed LDS Temple and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvemen to the vicinity or to the general welfare of the city for the following reasons: a) The project site and the operation of the proposed Temple arc- sis-be with the General Plan and are consistent with the purpose of the Public. .c ion of the property by the Bonita Canyon Planned Community Devppment b) The operation and maintenance of the propose: eotipated to generate adverse impacts to the area as conc,j ed b�$e _Thy' has access from a signalized intersection on a major Hlaway, d adequ off - street parking will be provided given the proposed schedulerccupnpy of W, Jemple, taking into account shared use of the parking lot with the aa�j%t Stf "fl r. The traffic study prepared for the project concludes that no signific; traffic impacts will result with the implementation of the pro &,, c) The proposed Temple is traffic on Sundays,% -when q area with similar uses but will not contribute to s in the area are more active. d) The closest Resident" uses loc46d within Bonita Canyon Village, which is approximately20 feway at its closest point from the proposed Temple. The site is 8.65 aes and the st e atone proposed Temple is roughly located in the Center of the praksite. The s of 83 feet to the south, 291 feet to the east, 379 feet to the west, ;ttd feet to north provide adequate separation of the Temple from its -9 surrouireiings° assist ttmaktng the project more compatible with the community. e) Exterior illuminafi of the proposed Temple is designed to focus light on the Temple and steeple while minimizing light and glare in the surrounding area. The hours of illumination are also limited and not 24 hours a day. f) The requested height of 123 feet, 9 inches is not detrimental to the surrounding area based the central location of the steeple within the 8.65 acres site, its slender design, large setbacks to property lines, large distance to surrounding properties, and the exterior color and finish of the granite selected. The requested height is necessary to achieve the project objective, which is "to provide a highly visible site and a distinctive Temple with a steeple sufficiently high and illuminated to be seen from a substantial distance" and does not block public or private views as the steeple occupies a small percentage of viewable 14 Resolution No. Page 3 of 8 area. Additionally, the requested height is necessary to ensure that the Temple will be more prominent than the adjacent Stake Center. g) A finding that the proposed use is not detrimental to the community is further supported by the facts in support of approval of Site Plan Review No. 2002 -005. Said facts in support of SR2002 -005 as outlined in paragraph 6 below are hereby incorporated by reference. 6. The proposed project is consistent with the intent and purpose of Chapter 20.92 (Site Plan Review) and warrants approval based upon the following facts related to the standards for approval of a Site Plan Review application: AL a) The site will be graded and developed with due regard for the ,. ' ° etic qualities of the site even though additional filling of the site will be nece5sslr f`T ieve the grades proposed. The site slopes moderately from abutting street�d o ast toward Bonita Canyon Village and the San Joaquin Hills Tisportat i Co' or, and the elevation changes from approximately 195 feet to approx rely 17 et above mean sea level. The pad elevation for the proposed Temple e itth t wished floor being 193.5 feet. This finished floor elevatior*.3.5 fiAt ab ov2� 1 'floor of the abutting Stake Center and roughly 1 foot lower%an BotYa Canyotirive approximately 340 feet from its intersection with Prairie Road $Temtectton approximately 10 feet above the proposed finished floor. The site alW al landforms due to the past grading of the site and no trees or landscapin`:,i;,, b) The proposed project the 'character of the neighborhood and surrounding sites and is nodneq)a1 to the orderly and harmonious development of the surrounding of th��at y k "e area is characterized b y a mixture of residential uses, churche'pa prSc it shopping center. The area is not a "densely" urbanized arawhen npart�o oth r areas of the city and is "suburban" in character with many op^space &as. These open areas include the adjacent open canyon near SR- 73, tta Canyon Sport Park and numerous landscaped areas within medians, parkwtad other se?act�eas. The site is bordered on two sides by open space and Bonita ai'gt Drive `' ding additional separation from nearby land uses. Nearby residenaal s res areapproximately 28 -30 feet in height and are not located in close proximity to th`' " ,pposed Temple as they are located over 620 feet away. The nearby churches are lazge`buildings comparable in size to the project although the proposed steeple is higher than other buildings and steeples in the area. The Temple will have significant setbacks from property lines, low lot coverage and 5.5 acres of landscaping that when combined assist in making the development more compatible with its surroundings. The granite exterior finish with its "flamed" property is not reflective. The color of granite selected by the Church is warm and earth toned, which is compatible with the colors of the surrounding community. c) The site is not within a designated scenic vista and the project does not significantly block public views due to the slender design of the steeple. It is acknowledged that the project will be highly visible from public areas. The view simulations that were prepared Resolution No. Page 4 of 8 for the EIR show that the Temple steeple will make up a small percentage of the viewable area and not block public views. d) The site is not within a designated Environmentally Sensitive Area (ESA) and the construction and operation of the proposed Temple will not impact any ESA. The site is devoid of sensitive resources or submerged lands. No known archaeological and historical resources are known to exist and are unlikely to exist due to the highly disturbed nature of the site from its previous grading. The site plan includes approximately 5.5 acres of landscaped gardens and walkways that will be planted with some mature plantings. This high percentage of landscaping and the relatively small footprint of the proposed Temple (approximately 0.4 acres) cake the site plan more compatible with the open space areas that abut the site. e) Consideration was also made for shared parking usage wi t Stake Center. The circulation and parking layout meets or exceeds City€ d` a site plan includes several walkways within and around the gar `ns and eparate pedestrian crossing is provided between the proposed Temple the St Center. Both the Planning and Public Works Departments, have re pct site plan for proper pedestrian and vehicle function and lip., four that t to does not present any negative circulation issues with eithermp1,e ration oared parking usage with the adjacent Stake Center. f) Electrical service will be provided undergrourr ,apd mechanical equipment will be within the building or concealed ind roof pgets 'a­ -will not be visible from the ground. Although trash storage areas not Stifrcallydelineated on the plans, trash storage will be accommodated witt4j e or within the proposed building. 7. The contents of .t "etttnmealtk ent, including comments on the document and responses to the mmenthaveI n considered in all the decisions on this project. On the basis of the entirinviro e al review record, the proposed project will have a less than significan , pact upon t nvrrg rrrent and there are no known substantial adverse affects on the en ent that wd ;paused. Additionally, there are no long -term environmental goals thatou e compr t: d by the project or cumulative impacts that are anticipated in connection' wits' e prdject. No mitigation measures are identified aside from implementation of" roject as described in the project description and application of standard conditions bf approval. Conditions of approval are applied that require implementation of the project as described and that apply standard conditions of approval. Section 4. Based on the aforementioned findings, the Planning Commission hereby certifies Environmental Impact Report (SCH #2002031048) and approves Use Permit No. 2001- 036 and Site Plan Review No. 2002 -005, subject to the conditions set forth in Exhibit "A" attached. Section 5. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. J� Resolution No. Page 5 of 8 PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF OCTOBER, 2002. AYES: NOES: M 'N� 11 n' ABSENT: On 'te"S- BY: Steven Kiser, Chairman BY: Shant Agajanian, Secretary- 41 M 'N� 11 Resolution No. Exhibit "A" Conditions of Approval Page 6 of 8 1. The development shall be in substantial conformance with the approved plans except as modified below. The plans are identified by date as follows: Sheet No. Date Site plan 04 -5 -02 Conceptual grading plan 03 -7 -02 Landscape plan 05 -1 -02 Elevation A2.1 03 -3 -02 Elevation A2.2 03 -3 -02 Elevation A2.3 03 -3 -02 Elevation A2.4 03 -3 -02 2. The project is subject to all applicable City ordinances, specifically waived or modified by the conditions of approv, 3. Project approvals shall expire unless exerc approval as specified in Section 20.91 Reasonable extensions may be granted applicable regulations. 4. The proposed project shall coprm to the local amendments to the UB ' and State. approved by the Building Dep*m "W , s,' stari ards, unless i * °Yhe effective date of Beach Municipal Code. ;tor in accordance with of the Uniform Building Code, any ;ess requirements, unless otherwise 5. The applicant shal�tY#jt,a latsc'd irrigation plan prepared by a licensed landscape architect or lice d arctrl ct fo D site afid adjacent off -site planting areas. These plans shall incorporate ought erant plantings and water efficient irrigation practices, and the plans shaW approved by the Plgttning Director prior to the issuance of a building permit. All planti areas shall be p ed with a permanent underground automatic sprinkler 1. irrigation 1 of a desq table for the type and arrangement of the plant materials selected. Y lantrngs' eas ac $ent to vehicular activity shall be protected by a continuous t rk concrete curb or si' = permanent barrier. Landscaping shall be located so as not to impede vehicular sight distanclo the satisfaction of the Traffic Engineer. 6. 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. 7. All improvements within the public right of way shall be constructed as required by Ordinance and the Public Works Department. All work within the public right of way must be completed under an encroachment permit issued by the Public Works Department. 1b Resolution No. Page 7 of 8 8. 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. 9. A hydrology and hydraulic study shall be prepared by the applicant and approved by the Public Works Department, along with a master plan of water, sewer and storm drain facilities for the on -site improvements and public improvements prior to the issuance of a building permit. 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. 10. Fair Share traffic mitigation fees shall be paid to the City pritl ' ; e issuance of any building or grading permit for construction of the project. d� 11f 4e 11. All mechanical equipment shall be screened from view of pe 1 d adjacent public streets, and shall be sound attenuated in accord with ' p a� pte 0.26 of the Newport Beach Municipal Code, Community Noise Control �;. 12. Overhead utilities serving the site shall be laced u rgro 0 "1 est appropriate pole unless it is determined by the City neer drat such A.Ridergrounding is physically infeasible._.,, _.._ 13. The on -site parking, vehicular circulation and pstrian circulation systems shall be subject to further review by the Traffic Engineer.: ,- :. mi -um of 146 parking spaces shall be provided in accordance with th€ oimg Ounce 14. In accordance with the provisics o1Ster 13 of the Newport Beach Municipal Code or other applicable S. r _cha' trees shall be required and shall be subject to the review and appro?1 of the C?enetervices' and Public Works Departments. 15. The applint shall be rensibl for the payment of all applicable City plan check and 16. The over' hei§ft,,,pf the Triple including the steeple and angel, shall be no more than 123 feet, 9 inches from ?gproposed finished floor elevation of 193.5 feet above mean sea level. 17. 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. 18. The applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Director prior to the issuance of a building permit. The site 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 1I Resolution No. Page 8 of 8 environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 19. Architectural lighting of the Temple, including the steeple and angel figure, shall be aimed to illuminate the structure and shall avoid missing the structure to the maximum extent feasible. Light sources aimed to illuminate the steeple and angel shall be located such that the angle of light shall be no less than 70 degrees from the horizontal ground surface. Changes to the lighting system that would increase lighting levels or increase.the lighting sources shall require an amendment to this Use Permit. 20. Lighting of the Temple steeple shall be limited to the hours of 5:C to I l:OOPM. Any future increase in these hours of illumination or or additional light sources shall require an amendment to this Use 21. If a holiday lighting display within the project site is created to the site that creates a need for traffic control, the applic costs associated with the City providing any increased ti necessary to properly manage the temporary increase: fL X ... NS } 1 �f� 4 to sunrise and sunset ises in lighting levels ed visitors esp Bible for the measures deemed �rll