The URL can be used to link to this page

Home My WebLink About02 - Annual Review of Newport Harbor Lutheran Church DA - PA2009-137 616'� zed" COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 www.newportbeachca.gov CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT September 11, 2014 Agenda Item No. 2: SUBJECT: Annual Review of Newport Harbor Lutheran Church Development Agreement (PA2009-137) 798 Dover Drive APPLICANT: Newport Harbor Lutheran Church PLANNER: Fern Nueno, Associate Planner (949) 644-3227, fnueno@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • Zone: PC 2 (Newport Harbor Lutheran Church Planned Community) • General Plan: PI (Private Institutions) PROJECT SUMMARY An annual review of Development Agreement No. 10 for Newport Harbor Lutheran Church, pursuant to Section 15.45.080 of the Newport Beach Municipal Code and Section 65865.1 of the California Government Code. The Newport Harbor Lutheran Church is located at the intersection of Dover Drive and Castaways Lane, as shown in Attachment No. ZA 1. RECOMMENDATION 1) Conduct a public hearing; 2) Find the annual review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; 3) Find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and 4) Receive and file the Annual Report of the Development Agreement for Newport Harbor Lutheran Church (Attachment No. ZA 2). 1 Annual Review of Development Agreement No. 10 (PA2009-137) Zoning Administrator, September 11, 2014 Page 2 DISCUSSION Section 15.45.080 of the Municipal Code requires the City to periodically review development agreements to determine if the applicant has complied with the terms of the agreement. This review should be conducted at least once every 12 months. The applicant is required to demonstrate good faith compliance with the terms of the agreement, and should the Zoning Administrator find that the applicant has not complied in good faith with the agreement; the Zoning Administrator should refer the matter to the City Council. Background On June 23, 1997, the City Council adopted Ordinance No. 97-22 approving Development Agreement No. 10 ("DA") between the City of Newport Beach and the Newport Harbor Lutheran Church ("Church"), and the ordinance became effective on July 24, 1997. As part of the City Council's approval of the DA, the following requests were also approved: General Plan Amendment No. 95-2(E), Local Coastal Program Amendment No. 47, and Planning Commission Amendment No. 860 for the adoption of Planned Community District Regulations for the Church. The term of the DA is for a period of 25 years and will be in effect to the year of 2022. The DA is available online at: http://www.newportbeachca.gov/develol)mentagreements. At the last annual review on August 29, 2014, the Zoning Administrator found the Church to be in good faith compliance with the DA. Terms and Conditions The Church is subject to the terms and conditions specified in the DA. The purpose of the DA is to: • Grant vested development rights of 40,000 square feet to the Church for the future expansion of its facilities and uses on Church property; • Provide for the Church's conveyance to the City of approximately 0.65 acres of Church property for use as a public parking facility to serve Bob Henry Park and Castaways Park, in consideration of the City's conveyance of 0.65 acres of City property to the Church; • Provide for the construction of parking areas and other improvements on the Church property to replace existing parking spaces located on the property conveyed to the City; and • Restore or replace other Church improvements impacted by the City's project and/or in consideration for the exchange of property. TmpIt:04-17-14 Annual Review of Development Agreement No. 10 (PA2009-137) Zoning Administrator, September 11, 2014 Page 3 To date, the terms and conditions of the DA have been implemented and/or accomplished except for the planned expansion of the Church. When the DA was approved, the Church was approximately 14,232 square feet, so the remaining unbuilt entitlement is 25,768 square feet. Annual Review No planning applications have been submitted and no building construction has been completed since the last DA review. After reviewing the Annual Report (Attachment No. ZA 2) and applicable documents, staff believes that Church continues to comply in good faith with terms and conditions of the DA. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. PUBLIC NOTICE Notice of this review was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. TmpIt:04-17-14 Annual Review of Development Agreement No. 10 (PA2009-137) Zoning Administrator, September 11, 2014 Page 4 APPEAL PERIOD: An appeal may be filed with the City Clerk within 14 days following the date of action. For additional information on filing an appeal, contact the City Clerk's Office at (949) 644-3005. Prepared by: F ni Nueno, Associate Planner JC/fn Attachments: ZA 1 Vicinity Map ZA 2 Annual Report TmpIt:04-17-14 J Attachment No. ZA 1 Vicinity Map 5 V� QP �P VICINITY MAP r-. Subject Property Par i ao 6 1 _ n (� k r Annual . Development • . Agreement • Newport Harbor Lutheran Church (PA2009-137) 798 Dover Drive V� QP �P g Attachment No. ZA 2 Annual Report 9 V� QP �P 20 September 1, 2014 Ms. Fern Nueno Associate Planner, Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Ms. Nueno, We have nothing new to report in this year's annual review of the terms and conditions listed in the 1997 Development Agreement 10 between Newport Harbor Lutheran Church and the City of Newport Beach. The church council has discussed the possible remodeling of some of the interior space in the upstairs of one of our existing buildings, but no firm plans have yet been made. Towards the end of this calendar year we will once again evaluate our need for additional classroom space in our school, which may indicate the time has come to move ahead with the installation of some or all of the 3 additional modular structures that were previously approved. At the point that we determine they are necessary, we will take the appropriate steps to place them on the site according to the conditions established by zoning commission action prior to the installation of the first 3 units. I hope the information provided here allows you to complete the package for the upcoming city council meeting. Should you have any further questions, please feel free to contact me. Cordially, Bradley R. Stienstra Pastor 11