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HomeMy WebLinkAbout03 - Liberty Baptist ChurchA CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 February 12, 2008 TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Planning Department Jaime Murillo, Associate Planner (949) 644 -3209, imudlioCa? city. newport- beach.ca.us SUBJECT Liberty Baptist Church School Expansion (PA2006 -079) ■ General Plan Amendment No. 2006 -004 ■ Planned Community Development Plan Amendment No. 2006 -003 ■ Amendment to Use Permit No. 1726 APPLICANT NAME Dwight Tomlinson, Liberty Baptist. Church ISSUE Should the City approve the following discretionary approvals in order to accommodate the applicant's request to demolish 4 modular classroom buildings (totaling 5,760 square feet) and construct a new two -story, 31,722 square -foot educational building and gymnasium? General Plan Amendment No. 2006 -004 to increase the precise development limit of the site (Anomaly No. 25) from 58,471 square feet to 84,585 square feet. 2. Planned Community Development Plan Amendment No. 2006 -003 to include the existing church and school as permitted uses with a use permit within the General Industry/Government, Education & Institutional Facilities (Area 1) land use designation of the North Ford Planned Community (PC-5) and to allocate 25,962 square feet of additional allowable development within Area 1. 3. Amendment to Use Permit No. 1726 to allow the redevelopment and expansion of the existing private school. Staff recommends that the City Council take the following action: 1. Receive staff presentation, open public hearing, and receive public comments. 2. Adopt resolution approving General Plan Amendment No. 2006 -004 and an amendment to Use Permit No. 1726; and Introduce ordinance approving Planned Community Development Plan Amendment No. 2006 -003, and pass to second reading for adoption on February 26, 2008. Liberty Baptist Church School Expansion February 12, 2008 Page 3 DISCUSSION The project site is located at the northeast comer of the intersection of Jamboree Road and Bison Avenue and is currently improved with a 24,333 square -foot sanctuary/auditorium, a 9,100 square -foot fellowship hall, a 19,430 square -foot administration building (office /classroom), and 4 temporary modular classroom buildings (totaling 5,760 square feet), for a total development of 58,623 square feet. The site is utilized by the Liberty Baptist Church ministry for religious worship. The site also contains the Newport Christian School, the academic educational ministry of the Church. The school currently utilizes the four modular buildings (8 classrooms) on the western portion of the site and 4 additional classrooms within the existing administration building. The modular buildings have always been considered temporary until the Church could raise sufficient funds to construct the permanent educational facility. The applicant is proposing to demolish the 4 modular buildings and construct a new, two-story, 31,722 square -foot educational building. The new building will consist of 14 new classrooms, 1 science lab, a library, a kitchen, locker rooms, teachers' lounge, offices, storage space, and a fully enclosed gymnasium. In addition to constructing the new educational building, the applicant is requesting to change the existing conditions of approval to reduce the on -site required parking from 506 to 444 parking spaces and to increase the maximum permitted enrollment from 260 students to 280 students. Please refer to the attached September 6, 2007 Planning Commission Staff Report for a detailed discussion and analysis of the proposed project and requested amendments. As discussed in the attached report, staff believes the proposed project is in substantial conformance with the original master plan of development approved in 1974 (riginal approval of Use Permit No. 1726), does not conflict with the policies identified in the General Plan, and does not exceed any of the thresholds for a vote established by Charter Section 423. The Planning Commission reviewed the proposed amendments on September 6, 2007 and voted 5 -2 to adopt Resolution No. 1730 recommending approval of the amendments to the City Council. The two Commissioner's that voted against the project wanted to retain conditions that were modified or deleted with the motion to approve the project; however, it should be noted that they were in favor of the overall project. Airport Land Use Commission Projects requiring General Plan amendments that are located within the Airport Environs Land Use Plan ( AELUP) Airport Planning Area must be referred to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency with the AELUP prior to adoption by the City. At the December 20, 2007 ALUC meeting, ALUC staff initially presented concerns with the proposed building height and the potential to create unsafe conditions for the John Wayne Airport traffic pattern; however, because the height of the proposed building is below the height of the adjacent street Liberty Baptist Church School Expansion February 12, 2008 Page 4 lights and other nearby structures, the ALUC found that the project will not pose a hazard to air navigation and unanimously voted to find the project consistent with the AELUP. Environmental Review The project qualifies for a Class 14 categorical exemption pursuant to Section 15314 (Minor Additions to Schools) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). The exemption consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25 percent, or ten classrooms, whichever is less. The proposed project results in a total of 14 classrooms, an increase of 3 classrooms (14 proposed — 11 existing = 3 new classrooms). The proposed project will increase student capacity to a maximum of 325 students, which is an increase of exactly 25% (325 proposed — 260 existing = 65 student or 25 %). Therefore, the project meets the criteria to qualify for this exemption. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Alternatives 1. If the City Council determines that not all the facts in support of the findings can be made, the City Council should direct staff to prepare findings and a resolution denying the requests and return at the next City Council meeting date with such resolution for adoption. 2. The City Council may suggest specific design modifications determined to be needed in order to make required findings for approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes are directed, the item should be removed from calendar to allow redesign of the project. Prepared by: Jal Murillo, Associate Planner Attachments: 1. Draft City Council Resolution 2. Draft City Council Ordinance 3. September 6, 2007 Planning Commission Staff Report 4. Planning Commission Resolution NO. 1730 5. September 6, 2007 Planning Commission Minutes 6. Airport Land Use Commission Letter of Consistency Submitted by: 3. `, ATTACHMENT 1 Draft City Council Resolution RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2006 -004 TO INCREASE THE PRECISE DEVELOPMENT LIMIT OF ANOMALY SITE NO. 26 WITHIN STATISTICAL AREA L3 TO 86,645 SQUARE FEET AND AN AMENDMENT TO USE PERMIT NO. 1726 TO PERMIT THE REDEVELOPMENT AND EXPANSION OF THE PRIVATE SCHOOL FACILITY WITHIN THE EXISTING CHURCH SITE (PA 2006 -079) WHEREAS, an application was filed by Dwight Tomlinson, on behalf of Liberty Baptist Church, property owner, with respect to property located at 1000 Bison Avenue, and legally described as Parcel 2 on a Map filed in Book 41, Page 27, Parcel Maps, in the County of Orange, proposing to amend the Land Use Element of the General Plan to increase the precise development limit of Anomaly Site No. 25 from 58,471 square feet to 84,585 square feet and amend the North Ford Planned Community Text (PC -5) to include the existing church and school as permitted uses within the General Industry/Government, Education & Institutional Facilities (Area 1) land use designation and to allocate 25,962 of additional development. Additionally, an amendment to Use Permit No. 1726 is proposed to for the redevelopment and expansion of the existing private school within the Liberty Baptist Church site. The applicant proposes to demolish 4 modular classroom buildings (totaling 5,760 square feet) and construct a new two -story, 31,722 square -foot educational building and gymnasium; and WHEREAS, on September 6, 2007, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, at the September 6, 2007 hearing, the Planning Commission received public comments and with a majority vote of 5 ayes recommended approval of General Plan Amendment No. 2005 -007, Planned Community Development Plan Amendment No. 2005 -005, and an' amendment to Use Permit No. 1726 to the City Council; and WHEREAS, at its regular meeting of December 20, 2007, the Airport Land Use Commission for Orange County considered the project and unanimously voted to find the project consistent with the Commission's Airport Environs Land Use Plan for John Wayne Airport; and WHEREAS, a public hearing was held by the Newport Beach City Council on February 12, 2008 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose. of the meeting was given in accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and 2 Page 2 of 18 WHEREAS, the property is designated Private Institutions (PI) by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC-5 North Ford) that establish development standards.and use regulations to implement the General Plan. The property is presently improved as the Liberty Baptist Church development and private school with a 24,333 square -foot sanctuary/auditorium, a 9,100 square -foot fellowship hall, a 19,430 square -foot administration building (office/classroom), and 4 temporary modular classroom buildings (totaling 5,760 square feet), for a total development of 58,623 square feet; and WHEREAS, the Land Use Element of the General Plan sets forth objectives, policies and limitations for development in the City and designates the general distribution and location of land uses and residential and commercial densities. The project site is designated for Private Institutions (PI) land uses, which is .intended to provide for privately owned facilities that serve the public, including places for religious assembly, primate schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The proposed redevelopment of the existing private school's educational facilities is consistent with this designation; and WHEREAS, the subject property has been assigned a precise development limitation of 58,471 square feet (Anomaly No. 25), which was carried over from the 1988 Land Use Element and was believed to be the existing floor area that existed at the time the 1988 Land Use Element was adopted. Therefore, in order to implement the original master plan of development and construct the new educational building, an amendment to the General Plan is required to increase the precise development limitation of the site to 84,585 square feet; and . WHEREAS, Land Use Element Policy LU 5.6.2 requires new and renovated buildings to be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style. The project has been designed to be compatible in scale, mass, character, and architecture with the existing buildings on the church campus. The proposed height of the building is similar in height to the existing sanctuary and administration building, as well as the adjacent Toyota Motor Land Company facility. Additionally, the proposed building will be screened from view from Jamboree Road and Bison Avenue due to the grade separation of the project site and existing mature landscaping that exists along the perimeter of the site; and WHEREAS, Land Use Element Policy LU 6.1.1 encourages the accommodation of community supporting uses, such as schools and religious facilities. The proposed amendment serves the resident's needs by increasing the development allocation for the private institutional use and accommodating the expansion and redevelopment of the existing private school. The existing school currently utilizes 29 year -old modular buildings that were intended for temporary use. Replacement of these aging structures with the. new educational building will provide students with a higher quality school and better atmosphere for learning; and WHEREAS, Land Use Element Policy LU 6.1.2 encourages the development of new institutional facilities provided that they are compatible with adjoining land_ uses, environmentally suitable, and can be supported by transportation and utility infrastructure. The proposed amendment allows for the.expansion of an existing institutional facility that has 1 Page 3 of 18 been a part of the community since 1974, and to date, has proven to be compatible with adjoining land uses. The project is also separated from adjoining residential neighborhoods by major streets and will not result in spill over traffic impacts normally associated with churches and schools in close proximity to residential streets. Additionally, the Traffic Engineer has determined that the proposed increase in student capacity would result in less than significant traffic impacts on existing levels of service at intersections within the City; and WHEREAS, the Noise Element of the General Plan contains policies to minimize land use conflicts between various noise sources and minimizing motor vehicle traffic impacts on sensitive noise receptors. Given the projects close proximity to Jamboree Road, the proposed location of the new educational building is between the 65 and 70 CNEL roadway noise contours. Schools are considered a noise - sensitive land use and are "Normally Incompatible" within the 65 -70 CNEL roadway noise contours and new construction or development should be generally discouraged. If new construction does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design; and WHEREAS, the existing classrooms within the 4 modular buildings are currently located within the 65 -70 CNEL noise contours, similar to the proposed building. However, given the grade separation between the project site and the adjacent roadways, and the fact that the site is buffered from the roadways by tall mature trees and landscaping, noise impacts from Jamboree Road may be decreased. Additionally, the applicant intends to utilize non - operable windows on the building elevation facing Jamboree Road and the use of increased insulation and sound attenuating doors and windows throughout the building,. To ensure that noise impacts do not prove detrimental to future students and employees of the project, a condition of approval has been recommended requiring the preparation of a detailed noise study to demonstrate that the permitted interior and exterior noise levels can be met and to require any recommended mitigation measures needed to achieve those standards to be implemented in the final design drawings submitted for building permits; and WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represents an increase of 39.17 — A.M. and 39.17 — P.M. peak hour trips, 26,114 gross square feet of non - residential floor area and zero residential units. Therefore, none of the three thresholds to require a vote pursuant to Charter Section 423 are exceeded. No other prior amendments have been approved within Statistical Area L3, and therefore no vote would be required based on cumulative amendments. This amendment will be tracked for ten years in accordance with Section 423, and WHEREAS, a Use Permit for the redevelopment and expansion of the private school with the existing Liberty Baptist Church site has been prepared and approved in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. a Page 4 of 18 Facts in Support of Finding: The project site is located in the North Ford Planned Community District and is designated for General Industry / Government, Education & Institutional Facilities land uses. The church and private school use are private institutional uses, consistent with the purpose of the district. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; 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 improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: a. The existing church and proposed school expansion, pursuant to the conditions of approval, are consistent with the Private Institutions land use designation which is intended to provide for privately owned facilities that serve the public, including places for religious assembly and private schools. b. The project has been conditioned to regulate the design and operation of use to minimize impacts to adjacent uses, as well as future students and employees of the proposed building. Specifically, the project will not be detrimental to the public for the following reasons: • The existing school has operated in this location for several years, and to date, has not proven to be detrimental to properties in the vicinity. • The new education building will be screened from public view due to. the grade separation from Jamboree Road and Bison Avenue down to the site and the large and mature perimeter landscaping. • The increase in the number of students from 260 to 325 will increase the weekday parking demand, which can easily be accommodated by the 444 parking spaces provided on -site. • The increased school enrollment is projected to increase in a total of 71 average daily trips, which is considered to be less than significant and can be accommodated within the capacity of the existing roadways. • To insure the existing roadway noise from Jamboree Road is not detrimental to the future students and employees, the project has been conditioned to prepare a detailed noise study to demonstrate that the permitted interior and exterior noise levels can be met and to require any recommended mitigation measures needed to achieve those standards to be implemented. W Page 5 of 18 • The project has been conditioned to control and reduce excess lighting and to avoid off -site light spillage. Based on the Construction Management Plan, the daily Church and school activities will continue to maintain an adequate supply of on -site parking during the temporary construction phase of the project. • The 444 on -site parking spaces is adequate to serve the parking demand for the new educational building and weekday operations, as well as the existing large Sunday service gatherings, given the significant reduction is seating capacity within the remodeled auditorium and lengthen time between church services. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The project meets the development standards of the North Ford Planned Community related to building setbacks, height, site coverage, and landscaping. There are no conditions regarding this speck use. The proposed conditions of approval for this project will ensure that all conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. WHEREAS, the project qualifies for a Class 14 categorical exemption .pursuant to Section 15314 (Minor Additions to Schools) of the Implementing Guidelines of the Califomia Environmental Quality Act (CEQA). The exemption consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The proposed project results in a total of 14 classrooms, an increase of 3 classrooms (14 proposed —11 existing = 3 new classrooms). Additionally, the proposed project will increase student capacity to a maximum of 325 students, which is an increase of exactly 25% (325 proposed — 260 existing = 65 student or 25 %). Therefore, the project meets the criteria to qualify for this exemption; and NOW THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: Section No. 1. Based on the aforementioned findings, the City Council of the City of Newport Beach does hereby amend Table LU2 (Anomaly Locations) of the Land Use Element of the General Plan as depicted in Exhibit "A "; and Section No. 2. Based on the aforementioned findings, the City Council of the City of Newport"Beach does approve the proposed amendment to Use Permit No. 1726 permitting the redevelopment and expansion of the private school facility within the exiting church site, subject o the conditions in Exhibit "B "; and PASSED, APPROVED AND ADOPTED THIS 12th DAY OF FEBRUARY 2008. lb AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Page 6 of 18 Page 7 of 18 Exhibit "A" • The following changes will be made to the Table LU2 (Anomaly Locations) of Land Use Element and all other provisions of the Land Use Element shall remain unchanged: • 1s 0 • • 1 L4 MU -H2 460,095 471 Hotel Rooms (not induded in total square footage) 2 L4 MU -H2 1,060,146 3 L4 CO-G 734,641 4 L4 MU -H2 250,176 5 L4 MU -H2 32,500 6 L4 MU -H2 34,500 7 L4 MU -H2 81,372 8 L4 MU -H2 442,775 9 L4 CG 120,000 164 Hotel Rooms (induded in total square footage) 10 L4 MU -H2 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU -H2 457,880 13 L4 CO-G 288,264 14 L4 CO- GIMU -H2 860,884 15 L4 MU-H2 228,214 16 L4 CO-G 344,231 17-. L4, IVILM2 33,292 304 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 228,530 21 J6 CO-G 687,000 OTfice:660,000sf Retail: 27,000 sf CV 300 Hotel Rooms 22 J6 COG 70,000 Restaurant 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 58;447 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54,000 31 L2 PR 75,000 32 L2 PI 34,000 e3 Page 9 of 18 U 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf 34 L1 CO-R 484,348 35 L1 CO -R 199,095 36 L1 CO-R 227,797 37 L1 CO-R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 CO-M 443,627 39 L1 MU -H3 408,084 40 L1 MU -H3 1,426,634 425 Hotel Rooms (Included in total Square Footage) 41 L1 CO-R 327,671 42 L1 CO-R 286,166 43 L1 CV 611 Hotel Rooms 44 L1 CR 1,619,525 1,700 Theater Seats (not included in total square footage) . 45 L1 CO-G 162,364 • 46 L1 MU -H31PR 3,725 24 Tennis Courts Residential permitted in accordance with MU-H3. 47 L1 CG 105,000 48 L1 MU -H3 337,261 49 L1 PI 45,208 50 L1 CG 25,000 51 K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 J1 CM 2,000 55 H3 PI 119,440 56 A3 PI 765,349 57 A3 PI 577,889 58 J5 PR 20,000 59 H4 MU -W1 487,402 157 Hotel Rooms and 144 Dwelling Units (included in total square footage) 60 N CV 2,660,000 2,150 Hotel Rooms (included in total square footage) 61 N CV 125,000 62 L2 CG 2,300 • 63 G1 CN 66.000 H • Page 10 of 18 64 M3 CN 74,000 65 M5 CN 80,000 66 J2 CN 138,500 67 D2 PI 20,000 68 L3 PI 71,150 69 K2 CN 75,000 70 D2 RM -D Parking Structure for Bay Island (No Residential Units) 71 L1 CO-G 11,630 72. L1 CO-G 8,000 73 A3 CO-M 350,000 74 L1 PR 35,000 • [,5 Page 11 of 18 Exhibit "B" • CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO.1726 (Project - specific conditions are in italics.) OPERATIONAL CONDITIONS 1. The sanctuary shall have a maximum of 781 seats. 2. That at least 45 minutes shall be provided between the first and second service on Sunday momings. (01107188 Condition) 3. The maximum school enrollment capacity shall be limited to 325 students. 4. A minimum of 444 parking spaces shall be provided on -site. The on -site parking spaces shall not be used for activities other than parking and loading/unloading. . 5. Use of the gymnasium shall be limited to church and school sponsored events and community events where no rent, payment, or donation is charged or received for the use of the facility. • *6. The gymnasium shall not be used for assembly purposes concurrently with services . performed in the sanctuary. DEVELOPMENT CONDITIONS Planning Department 7. The development shall be insubstantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 8. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 9. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 10. The Use Permit approval shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. Reasonable extensions may be granted by the Planning Director in accordance with applicable regulations. • 11.This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the use or one or more of the conditions set forth herein is not Page 12 of 18 being complied with, or the manner in which the project is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 12.A Special Events Permit shall be required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. The maximum gross floor area allocated for the expansion of the existing school, including the gymnasium, shall be 25,962 square feet. 14. The school shall be limited to a maximum of 14 classrooms, excluding the science lab. The 4 classrooms currently utilized within the administration building shall be converted to office /meeting space after the construction of the new educational building and shall not be used for the private school. 15. The total maximum allowable floor area for the entire site shall be limited to 84,585 square feet. 16. Any construction on the site shall be done in accordance with the height restriction of said area (i.e. 50 feet) and shall apply to any signs, flags, etc., as well as structures. (01107188 Condition) 17. Prior to the issuance of a building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department and the General Services Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 18.AII 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. 19.AII mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 11 Page 13 of 18 20. 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. 21. Prior to the issuance of a building permits, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Department. The survey shall show that lighting values are I" or less at all property lines. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 22. Prior to issuance of the certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code and Water Quality Enforcement Division to confirm control of light and glare specified in Condition Nos. 20 & 21. 23. The project must comply with the interior and exterior noise standards for institutional uses of the Noise Ordinance. The interior noise standard is 45dBA between the hours of 7:OOAM and 10:OOPM and 40dBA between the hours of 10:OOPM and 7:OOAM. The exterior noise level standard is 55dBA between the hours of T00AM and 10:OOPM and 50dBA between the hours of 10:OOPM and 7:OOAM. An acoustic study shall be performed by a qualified professional that demonstrates compliance with these standards of the Noise Ordinance. This acoustic study shall be performed and submitted to the City Planning Department prior to occupancy of the project. If the exterior noise leve %s exceed= applicable standards, additional mitigation shall be required which may include the installation of additional sound attenuation devices as recommended by the acoustic study and subject to the approval of the Planning Director. 24. That applicable State standards for interior classroom noise shall be met. 25. That the buildings shall be constructed with a non -glare roofing material. (01107188 Condition) 26. Prior to the issuance of building permits, the trash enclosure design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 27. That all trash enclosures shall be screened from adjacent properties and streets. (01107188 Condition) 28.The applicant shall ensure that all trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, Water and Sewers of the Municipal Code. J� Page 14 of 18 29.A11 noise generated by the proposed use, including any audible chimes or bells, shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Vacuum /sweeping trucks shall be prohibited in the on -site parking facility between the hours of 10PM and 6AM. 30. Prior to the issuance of a building permit or within 30 days of receiving a final notification of costs, the applicant shall be responsible for the payment of all administrative costs identified by the Planning Department. 31. The construction and equipment staging area shall be located in the least visually prominent area on the site and shall be properly maintained and/or screened to minimize potential unsightly conditions. 32.A six -foot high screen and security fence shall be placed around the construction site during construction. 33. Construction equipment and materials shall be properly stored on the site when not in use. 34. The applicant shall comply with SCAQMD Rule 403 requirements as follows: Land Clearing/Earth-Moving a. Exposed,pits.Q.e., gravel, soil, dirt) with 5 percent or greater silt content..shall be watered twice daily, enclosed, covered, • or treated with non -toxic soil stabilizers according to manufacturers' specifications. b. All other active sites shall be watered twice daily. c. All grading activities shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if soil is being transported to off -site locations and cannot be controlled by watering. d. All trucks hauling dirt, sand, soil, or other loose materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). e. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. f. All vehicles on the construction site shall travel at speeds less than 15 mph. g. All diesel - powered vehicles and equipment shall be properly operated and maintained. h. All diesel - powered vehicles and gasoline - powered equipment shall be turned off when not in use for more than 5 minutes. r� Page 15 of 18 j. The construction contractor shall utilize electric or natural gas - powered equipment instead of gasoline or diesel - powered engines, where feasible. Paved Roads k. All construction roads internal to the construction site that have a traffic volume of more than 50 daily trips by construction equipment, or 150 total daily trips for all vehicles, shall be surfaced with base material or decomposed granite, or shall be paved. I. Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads. m. Construction equipment shall be visually inspected prior to leaving the site and loose dirt shall be washed off with wheel washers as necessary. Unpaved Staging Areas or Roads n. Water or non -toxic soil stabilizers shall be applied, according to manufacturers' specifications, as needed to reduce off -site transport of fugitive dust from all unpaved staging areas and unpaved road surfaces. 35. Prior to the issuance of a grading permit, the applicant shall submit written evidence to the satisfaction of the Director of Planning that a. certified archaeologist has been retained to observe grading activities and salvage and catalogue fossils and artifacts as necessary. The archaeologist shall be present at the pre -grade conference, shall establish procedures for archaeological resource surveillance and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the findings. If major archaeological resources are discovered, which require long -term halting or redirecting of grading, the archaeologist shall report such findings to the City and the applicant. The archaeologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration and /or salvage. Excavated finds shall be offered to the City, or its designee, on a first - refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of a special significance, or a museum in Orange County indicates a desire to study and /or display them at the time, in which case items shall be donated to the City, or designee 36. Prior to the issuance of a grading permit, the applicant shall submit written evidence to the satisfaction of the Director of Planning that a certified paleontologist has been retained to observe grading activities and salvage and catalogue fossils and artifacts as necessary. The paleontologist shall be present at the pre -grade conference, shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the findings. If major paleontological resources are discovered, which require long -term halting or redirecting of grading, the paleontologist shall report such findings to the City and the applicant. The paleontologist shall determine appropriate actions, in cooperation with the applicant, which ensure proper exploration 0 Page 16 of 18 and /or salvage. Excavated finds shall be offered to the City, or its designee, on a first - refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of a special significance, or a museum in Orange County indicates a desire to study and /or display them at the time, in which case items shall be donated to the City, or designee. 37. In accordance with Public Resources Code 5097.94, if human remains are found, the Orange County Coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner shall notify the Native American Heritage Commission (NAHC) in Sacramento to determine the most likely descendent for the area. The designated Native American representative shall then determine in consultation with the property owner the disposition of the human remains. 38. Construction activities which produce loud noise that disturb, or could disturb a person of normal sensitivity who works or resides in the vicinity, shall be limited to the weekdays between the hours of 7:00 a.m. and 6:30 p.m., and Saturdays between the hours of 8:00 a.m. and 6:00 p.m. No such noise occurrences shall occur at anytime on Sundays or federal holidays. 39. Noise - generating equipment operated at the project site shall be equipped with effective noise control devices (i.e., mufflers, lagging, and /or motor enclosures). All equipment shall be properly maintained to assure that no additional noise, due to wom or improperly maintained parts, would be generated. Building Department 40.The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 41. Health Department plan check and approval is required for the new kitchen. 42. No use shall be permitted in the hallways, including student lockers or fumiture, unless otherwise approved by the Building Department. 43. The applicant shall make an appointment with the Building Department for preliminary code analysis prior to the building plan check submittal. Fire Department 44. The new educational building and existing administration building shall be provided with automatic fire sprinklers. 45. Rooms used for day -care purposes, kindergarten, first or second grade pupils shall not be located above the first story (CBC 305.2.3, 2001 Ed.). 46.A fire alarm system shall be provided. 9 Page 17 of 18 47.The elevator within the proposed educational building shall be gurney accommodating in accordance with the California, Building Code, Chapter 30, 2001 Edition. 48.A ventilating hood and duct with suppression system shall be provided in accordance with the Mechanical Code for food heat processing equipment that produces grease laden vapors. 49. The backflow preventor for the underground fire line shall be brought aboveground. 50. That the Fire Department access shall be approved by the Fire Department. (0110788 Condition) Public Works Department 51. Prior to commencement of demolition and grading of the project, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works Department. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes; construction mitigation and a provision that heavy trucks shall avoid the use of Jamboree Road between University Drive and Ford Road. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 52.Traffic control and truck route plans shall be,reviewed and.approved by the Public.Works Department before their ' implemeritation. Large construction vehicles shall riot be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 53.A haul route permit shall be required for any large construction related vehicle (i.e. dirt hauling vehicle). 54. Prior to issuance of building permits for new construction, the on -site parking, vehicle circulation and pedestrian circulation systems shall be subject to further review and approval by the Traffic Engineer. 55. Prior to the issuance of building permits for new construction, the applicant shall submit an engineered report detailing capacity sufficiency of the existing water and sanitary sewer systems in serving the entire development site, including new additions. The costs of any upgrades required of the City facilities to serve the entire development site adequately shall be borne by the Owner. 56. That the entrance for the new driveway on Bison Avenue shall be designed to provide sight distance in accordance with City Standard 110-L and that any street trees, shrubs, and landscaping shall be removed or trimmed as necessary to meet this requirement. (0110788 Condition) Page 18 of 18 57. That a sidewalk connection shall be provided from Bison Avenue to the new facility in the vicinity of the new driveway entrance. (09107188 Condition) 58. That ingress/egress to Bison Avenue shall be constructed in such a manner that would not allow automobile headlights to strike adjacent residential windows in the residential tract southerly of Bison Avenue. (09107188 Condition) 59. That the drop -off area shall be subject to the further review and approval of the City Traffic Engineer. (04109187 Condition) a-3 ATTACHMENT 2 Draft City Council Ordinance M ORDINANCE NO. 2008- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2006 -003 TO INCLUDE AN EXISTING CHURCH AND SCHOOL AS PERMITTED USES WITHIN SITE 1 AND ALLOCATE 25,962 SQUARE FEET OF ADDITIONAL ALLOWABLE DEVELOPMENT TO ACCOMMODATE THE REDEVELOPMENT AND EXPANSION OF THE EXISTING PRIVATE SCHOOL FACILITY (PA 2006 -079) WHEREAS, an application was filed by Dwight Tomlinson, on behalf of Liberty Baptist Church, property owner, with respect to property located at 1000 Bison Avenue, and legally described as Parcel 2 on a Map filed in Book 41, Page 27, Parcel Maps, in the County of Orange, proposing to amend the Land Use Element of the General Plan to increase the precise development limit of Anomaly Site No. 25 from 58,471 square feet to 84,585 square feet and amend the North Ford Planned Community Text (PC -5) to include the existing church and school as permitted uses within the General Industry/Govemment, Education & Institutional Facilities (Area 1) land use designation and to allocate 25,962 of additional development. Additionally, an amendment to Use Permit No. 1726 is proposed to for the redevelopment and expansion of the existing private school within the Liberty Baptist Church site. The applicant proposes to demolish 4 modular classroom buildings (totaling 5,760 square feet) and construct a new two - story, 31,722 square -foot educational building and gymnasium; and WHEREAS, on September 6, 2007, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, at the September 6, 2007 hearing, the Planning Commission received public comments and with a majority vote of 5 ayes recommended approval of General Plan Amendment No. 2005 -007, Planned Community Development Plan Amendment No. 2005 -005, and an amendment to Use Permit No. 1726 to the City Council; and WHEREAS, at its regular meeting of December 20, 2007, the Airport Land Use Commission for Orange County considered the project and unanimously voted to find the project consistent with the Commission's Airport Environs Land Use Plan for John Wayne Airport; and WHEREAS, a public hearing was held by the Newport Beach City Council on February 12, 2008 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in a5 accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, the property is designated Private Institutions (PI) by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC -5 North Ford) that establish development standards and use regulations to implement the General Plan. The property is presently improved as the Liberty Baptist Church development and private school with a 24,333 square -foot sanctuary/auditorium, a 9,100 square -foot fellowship hall, a 19,430 square -foot administration building (office /classroom), and 4 temporary modular classroom buildings (totaling 5,760 square feet), for a total development of 58,623 square feet; and WHEREAS, the project site is located in Area 1 of the North Ford Planned Community (PC -5) and is designated for General Industry / Government, Education & Institutional Facilities (GI /GEIF) land uses. Section I (Statistical Analysis) of the PC states that 0 square feet of additional allowable square footage is allocated in Area 1; therefore, an amendment to the Planned Community is will be required to accommodate the additional 25,962 square feet of additional development on the site (31,722 sq. ft. building — 5760 sq. ft. demo = 25,962 sq. ft.). Other than the increased floor area request, the project meets all applicable development standards of the North Ford Planned Community; and WHEREAS, churches and schools are not specifically listed as permitted uses within Area 1 of the North Ford Planned Community; however, in reviewing the original staff report for the project, it was stated that the proposed church and school were permitted since they were similar to other quasi - public uses in the PC, such as the Post Office and the adjoining sub - station, and that they would not be adversely affected by any of the other uses permitted in the area. For future clarification, the Area 1 development standards of the PC is proposed be amended to include churches and schools as permitted uses with a use permit; and WHEREAS, the project qualifies for a Class 14 categorical exemption pursuant to Section 15314 (Minor Additions to Schools) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). The exemption consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The proposed project results in a total of 14 classrooms, an increase of 3 classrooms (14 proposed — 11 existing = 3 new classrooms). Additionally, the proposed project will increase student capacity to a maximum of 325 students, which is an increase of exactly 25% (325 proposed — 260 existing = 65 student or 25 %). Therefore, the project meets the criteria to qualify for this exemption; and I THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The North Ford Planned Community District Regulations (PC -5) shall be revised as provided in Exhibit "A ", with all other provisions of the existing Planned Community District Regulations remaining unchanged and in full force and effect. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on February 12, 2008 and adopted on February 26, 2008, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK a'l Exhibit "A" The following changes will be made to the Table of Contents, Introduction, Section I (Statistical Analysis), and Section IV (Area 1) of the North Ford Planned Community Development Plan and all other provisions of the PC Text shall remain unchanged. TABLE OF CONTENTS Page a� INTRODUCTION 4 SECTION I STATISTICAL ANALYSIS 6 SECTION II GENERAL NOTES 7 SECTION III DEFINITIONS 9 SECTION IV LIGHT GENERAL INDUSTRY 11 Subsection A Intent 11 Subsection B Permitted Uses 11.. Subsection C Building Site Area 12 Subsection D Building Setbacks 12 Subsection E Site Coverage 13 Subsection F Building Height 13 Subsection G Signs 13 Subsection H Sign Standards 14 Subsection I Parking 14 Subsection J Landscaping 15 Subsection K Loading Areas 17 Subsection L Storage Areas 17 Subsection M Refuse Collection Areas 17 Subsection N Telephone and Electrical Service 17 Subsection O Sidewalks 18 Subsection P Nuisances 18 SECTION V GENERAL INDUSTRY AND GOVERNMENTAL; EDUCATIONAL AND INSTITUTIONAL FACILITIES AREA 2; GENERAL INDUSTRY, AREA 2a (Mini- Storage Use) 19 Subsection A Intent 19 Subsection B Permitted Uses 19 Subsection C Building Site Area 20 Subsection D Setbacks 20 Subsection E Site Coverage 20 a� Subsection F Building Height 20 Subsection G Signs 21 Subsection H Sign Standards 22 Subsection I Parking 22 Subsection 7 Landscaping 23 Subsection K Loading Areas 24 Subsection L Storage Areas 25 Subsection M Refuse Collection Areas 25 Subsection N Telephone and Electrical Service 25 Subsection O Sidewalks 25 Subsection P Nuisances 25 SECTION VI COMMERCIAL, AREA 3 26 Subsection A Intent 26 Subsection B Permitted Uses 26 Subsection C Building Site Area 26 Subsection D Setbacks 26 Subsection E Signs 27 Subsection F Building Height 28 Subsection G Sign Standards 28 Subsection H Parking 28 Subsection I Landscaping 28 Subsection 7 Loading Areas 30 Subsection K Storage Areas 30 Subsection L Refuse Collection Areas 30 Subsection M Telephone and Electrical Service 30 Subsection N Pedestrian Access 30 SECTION VII SERVICE STATION DEVELOPMENT STANDARDS 31 Subsection A Setbacks 31 Subsection B Minimum Building Site Area 31 Subsection C Signs 31 Subsection D Sign Standards 32 Subsection E Parking 32 Subsection F Landscaping 32 Subsection G Screening 33 Subsection H Refuse Collection Areas 33 SECTION VIII MULTI - FAMILY RESIDENTIAL, AREA 4 34 Subsection A Uses Permitted 34 Subsection B Attached Residential Standards 34 Subsection C Open Space 36 Subsection D Site Plan Review 36 SECTION IX RESIDENTIAL - AREA 5 39 Subsection A Uses Permitted 39 �0 Subsection B Attached Residential Standards 39 Subsection C Detached Residential Standards 41 SECTION X PARK, AREA 6 44 SECTION XI SIGNS 45 INTRODUCTION The North Ford PC (Planned Community) District of the City of Newport Beach is a part of the Irvine Industrial Community originally developed in conjunction with the Irvine Ranch Southern Sector General Land Use Plan which was approved by the Orange County Planning Commission and the Orange County Board of Supervisors. The purpose of this Planning Community District is to provide a method whereby pro erty may be classified and developed for light industrial uses, gym' flows compatible commercial activity, professional and business offices, residential units, and park. The specifications of this district are intended to provide flexibility for both the land use and development standards in planned building groups. This PC district also provides a statistical core consistent with the City of Newport Beach General Plan upon which detailed development plans may be prepared. The provisions of this Ordinance, notwithstanding all applicable requirements of the City of Newport Beach Zoning Code, shall apply. Anything not addressed by this text shall be subject to the provisions of the Newport Beach Municipal Code. For the San Diego Creek South parcel (Area No. 4), this text will serve only as core PC text delineating land use. Prior to any further discretionary actions for this site, amendments to this district shall be required to establish intensity of development and site design criteria including, but not limited to, building setbacks, building heights, parking requirements, grading, landscaping, and street and circulation requirements. \k0000 V9� C 00 ®GENERAL INDUSTRY r�0VERNMENT, EDUCATION & 1fVSTITIlT1014AL FACILITIES ® ijENERAL INDUSTRY {S17E ZA ) k MINI- STORAGE USE ) i COMMERCIAL O SPECIAL LANDSCAPED 9 STREET O RESIDENTIAL PARK EMOPEN SPACE North Ford /San Diego Creek Planned Community LAND USE PLAN REVISED LAND USE PLAN : AMENDMENT N0. 790 City of Irvine Nii 9� m PEE ea 6lsots • 4r / F NORTH 31 SECTION I STATISTICAL ANALYSIS North Ford General Industry -GEIF General Industry -GEIF General Industry (Mini- Storage) Commercial Multi - Family Residential Area 1 2 2a 2b TOTAL Area 3 4 Approx. Additional Gross Allowable Acres Sa. Ft. 16.7 -9- a 20.7 40,000 2.8 110,600 2_0 86,000 42.2 .3 6,699 Approx. Additional Gross Allowable Acres Sift. 5.0 50,000 18.6 Undetermined Additional Allowable DU's -0- -0- 1 1 2 Additional Allowable DUs -0- 300 Open Space 4a 2.4 Residential 5 79.0 -0- 888 Park 6 12.0 -0- -0- TOTAL 117.0 50,000 1,188 The above statistics are based on gross acreage and do not account for buildable area. In Area 2a, development is limited to mini- storage facility use with a maximum floor area of 110,600 sq. ft. Development may include one dwelling unit for an owner /manager including two garage spaces, provided that such residential use will be incidental to the mini - storage use and will not alter the character of the premises. In Area 2, the additional allowable square footage is allocated for the expansion of the Synagogue site. In Area 2b, development is limited to mini- storage facility use with a maximum floor area of 86,000 sq. ft. Development may include one dwelling unit for an owner /manager including two Sa garage spaces, provided that such residential use will be incidental to the mini - storage use and will not alter the character of the premises. Minor ancillary activities associated with the above permitted industrial uses may be located outside a structure provided screening requirements as set forth in this document are observed. Any activity which could be classified as retail commercial other than office uses shall be restricted to activities strictly accessory and/or supplementary to the industrial community. B. Permitted Uses The following uses and other uses which in the opinion of the Planning Director are compatible shall be permitted. 1. Uses primarily engaged in research activities including, but not limited to, research laboratories and facilities, developmental laboratories and facilities, and compatible light manufacturing similar to the following list of examples. Bio- Chemical Film and Photography Chemical Medical or Dental Development Facilities for Metallurgy national welfare on land, Pharmaceutical sea and air X -Ray 2. Manufacture, research assembly, testing and repair of components, devices, equipment and systems, parts and components such as, but not limited to, the following list of examples: Coils, tubes, semi- conductors Communication, navigation control, transmission and reception equipment, control equipment and systems, guidance equipment and systems Data processing equipment and systems 5 Glass edging, beveling and silvering Graphics and art equipment Metering instruments Optical devices, equipment and systems Phonographs, audio units, radio equipment and television equipment Photographic equipment Radar, infra -red and ultra- violet equipment and systems Scientific and mechanical instruments Testing equipment 3. Offices, limited as follows: Area 1 - Administrative, professional and business offices. 4. Industry regional or home offices which are limited to a single use and accessory to any of the above industrial developments. 5. Blueprinting, Photostatting, photo engraving, printing, publishing and bookbinding, provided that no on -site commercial service is associated with said uses. 6. Cafeteria, care, restaurant or auditorium associated with and incidental to any of the foregoing uses. 7. Service stations will be ..permitted subject to the development standards contained in this Ordinance, Section VII. 8. Agriculture, as a continuation of the existing land use, and all necessary structures and appurtenances shall be permitted. C. Building - Site Area One (1) acre minimum. D. Building - Setbacks All setbacks shall be measured from the property line. For the purpose of this Ordinance, a streetside property line is that line created by the ultimate right -of -way line of the frontage street. 1. Front Yard Setback Thirty (30) feet, except that unsupported roofs or sunscreens may Project six (6) feet into 34 the setback area. 2. Side Yard Setback Ten (10) feet, except that unsupported roofs or sunscreens may project three (3) feet into the setback area. In the case of a corner lot, the streetside setbacks shall be thirty (30) feet, except that unsupported roofs and sunscreens may project six (6) feet into the setback area. Interior lot lines for a corner lot shall be considered side lot lines. 3. Rear Yard Setback No rear yard setback is required. E. Site Coverase Maximum building coverage of 50 percent is allowed. Parking structures shall not be calculated as building area; however, said structures shall be used only for the parking of company vehicles, employee's vehicles, or vehicles belonging to persons visiting the subject firm. F. Building Height All buildings and appurtenant structures shall be limited to a maximum height of fifty (50) feet. G. Signs 1. Identification Sign Area Only one (1) single -faced or double -faced sign shall be permitted per street frontage per site. No sign or combination of signs shall exceed one (1) square foot in area for each 600 square feet of total site area. However, no sign shall exceed 200 square feet in area per face. An additional twenty (20) square feet shall be allowed for each additional business conducted on the site. This sign shall identify either the major tenant or the name of the building complex. a. Identification Ground Sign All identification ground signs shall not exceed four (4) feet above grade in vertical height. Also, such ground signs in excess of 150 square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured from the property line of any streetside setback area. However, the above standards shall not apply to the Multi - Tenant Directory Sign, the Special Purpose Sign, nor the signs listed in the Sign Appendix of this Ordinance. 3!5 b. Identification Wall Sien Identification Wall Signs shall not comprise more than 10 percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs; signs painted directly on the surface of the wall shall not be permitted. In the instance of a multiple tenancy building, each individual tenant may have a wall sign over the entrance to identify the tenant. Said sign shall give only the name of the company and shall be limited to one (1) foot in height. Additionally, one sign per tenant may be affixed to the wall which faces the parking lot of the subject building. Said sign shall give only the name of the tenant and shall be limited to four (4) inch high letters. 2. Multi -Tenant Directory Sim One (1) directory sign listing only the names of the on -site firms or businesses will be allowed per site. Said sign shall be located even with or in back of the required building setback line and shall be located in the parking area or on any access drive to the parking area. This sign shall be limited to a maximum height of four (4) feet and a length of eight (8) feet and may be double - faced. This sign shall be in addition to identification signs allowed by Subsection C, Paragraph 1 above. 3. Real Estate Sian Said sign shall not exceed a maximum area of thirty -two (32) square feet and shall be of a ground type sign. 4. Snecial Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) in area and shall be permitted in addition to the other signs listed in this section. 5. Additional Signs Additional signs, as listed in the Sign Appendix of this Ordinance, shall be permitted according to the criteria and performance standards contained in said appendix. H. Sign Standards 1. Signs (to include all those visible from the exterior of any building) may be lighted but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation �(V operating the use conducted on the site or the products produced or sold thereon. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such line. All signs attached to the building shall be flush mounted. I. Parking Adequate off - street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on -street parking. 31 Parking shall be provided for each building or development in accordance with the requirements set forth below based on the proportion of each type of use to the total building site. Required off - street parking shall be provided on subject site or on a contiguous site or within 300 feet of the subject site. Where parking is provided on other than the site concerned, a recorded document shall be approved by the City Attorney and filed with the Planning Department and signed by the owners of the alternate site stipulating to the permanent reservation of use of the site for said parking. The following guide shall be used to determine parking requirements. Office One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one (1) space for each 250 square feet of net floor area upon review and approval of the Modification Committee. Manufacture, Research and Assembly Two (2) parking spaces for each three (3) employees, but in no event less than three (3) spaces for each 1,000 square feet of gross floor area. Two (2) parking spaces for each three (3) employees, but in no event less than one (1) space for each 1,000 square feet of gross floor area for the fast 20,000 "square feet; one (1) space for each 2,000 square feet of gross floor area for the second 20,000 square feet; one (1) space for each 4,000 square feet of gross floor area for areas in excess of the initial 40,000 square feet of floor area of the building. The number of employees for parking purposes shall be determined by the largest number of employees present on the site at one time. In the event there is more than one (1) shift, sufficient parking must be provided on -site to preclude the necessity for on- street parking. 1 51 T,= J. Landscaping As a portion of the total landscaping scheme, certain streets and areas have been designated as "Special Landscaped Streets and Areas." Landscape treatment along the frontages of said streets requires special consideration and therefore is referred to under separate sections in the following landscaping standards. Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be submitted 5� to and approved by the Director of Parks, Beaches, and Recreation prior to the issuance of a building permit and installed prior to the issuance of a Certificate of Occupancy. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Front Yard Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery. b. Special Landscaped Streets and Areas (as shown on the Land Use Plan) The entire area between the curb and the building setback line shall be landscaped, except for any driveway in said area. c. Other Streets The entire area between the curb and a point ten (10) feet in back of the front property line shall be landscaped except for any driveway in said area. d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than two and one -half (2 -1/2) feet within the triangle bounded by a line drawn between points thirty-five (35) feet distance from the intersection o£ the right -of -way lines prolonged. 2. Side and Rear Yard Setback Areas a. General Statement All unpaved areas not utilized for parking and storage, or designated undeveloped areas, shall be landscaped utilizing ground cover and/or shrub and tree materials. b. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed free condition but need not be landscaped. c. Screening Areas used for parking shall be landscaped in such a manner as to interrupt or screen said areas from view from access streets, freeways, and adjacent properties. Plant materials used for this purpose shall consist of lineal or grouped masses of shrubs 3q and/or trees. d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than two and one -half (2-1/2) feet within the triangle bounded by a line drawn between points thirty -five (35) feet distant from the intersection of the right -of -way lines prolonged. 3. Parking Areas Trees, equal in number of one (1) per each five (5) parking stalls, shall be provided in the parking area. 4. Slone Banks All slope banks greater than 5:1 or 6 feet in vertical height and adjacent to public right - of -way shall be stabilized, planted and irrigated in accordance with the plans submitted to and approved by the Planning Director. K. Loading Areas 1. No loading shall be allowed which is visible from adjacent streets. 2. On other than special landscaped streets, streetside loading shall be allowed provided the loading dock is set back a minimum of seventy (70) feet from the street right -of -way line, or one hundred ten (I 10) feet from the street centerline, whichever is greater. Said loading area must be screened from view from adjacent streets. L. Storage Areas All outdoor storage shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen but need not exceed eight (8) feet in height. 2. Outdoor storage shall be meant to include all company owned or operated motor vehicles, with the exception of passenger vehicles. 3. No storage shall be permitted between a frontage street and the building line. M. Refuse Collection Areas All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property by a complete opaque screen. 2. No refuse collection areas shall be permitted between a frontage street and the building q'o line. N. Telephone and Electrical Service All "on- site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. O. Sidewalks The requirement for sidewalks in the PC district may be waived by the Planning Director if it is demonstrated that such facilities are not needed. However, the City retains the right to require installation of sidewalks, if in the future a need is established by the City. P. Nuisances No portion of the property shall be used in such a manner as to create a nuisance to adjacent sites, such as but not .limited to vibration, sound, electro - mechanical disturbance and radiation, electro- magnetic disturbance, radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter. 1L ATTACHMENT 3 September 6, 2007 Planning Commission Staff Report 4�1 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 6, 2007 Agenda Item No. 2 SUBJECT: Liberty Baptist Church School Expansion (PA2006 -079) 1000 Bison Avenue • General Plan Amendment No. 2006 -004 • Planned Community Development Plan Amendment No. 2006 -003 • Amendment to Use Permit No. 1726 APPLICANT: Dwight Tomlinson, Liberty Baptist Church PLANNER: Jaime Murillo, Associate Planner (949) 644 -3209, imurillo (acitv.newport- beach.ca.us PROJECT SUMMARY The project consists of the demolition of 4 modular classroom buildings (totaling 5,760 square feet) and the construction of a new two -story, 31,722 square -foot educational building and gymnasium. The following discretionary approvals are requested or required in order to implement the project as proposed: 1. General Plan Amendment No. 2006 -004 to increase the precise development limit of the site (Anomaly No. 25) from 58,471 square feet to 84,585 square feet. 2. Planned Community Development Plan Amendment No. 2006 -003 to include the existing church and school as permitted uses with a use permit within the General Industry/Government, Education & Institutional Facilities (Area 1) land use designation of the North Ford Planned Community (PC -5) and to allocate 25,962 square feet of additional allowable development within Area 1. 3. Amendment to Use Permit No. 1726 to allow the redevelopment and expansion of the existing private school through the construction of a new educational building and gymnasium. RECOMMENDATION Adopt attached draft resolution recommending approval of General Plan Amendment No. 2006 -004, Planned Community Development Plan Amendment No. 2006 -003, and Amendment to Use Permit No. 1726 for the redevelopment and expansion of the existing private school through the construction of a new educational building and gymnasium. 0 Liberty Baptist Church School Expansion September 6, 2007 Page 2 Liberty Baptist Church School Expansion September 6, 2007 Page 3 Project Setting The project site is 9.2 acres and is located at the northeast corner of the intersection of Jamboree Road and Bison Avenue. A grade separation, varying from approximately 14- 20 feet, exists between the street and the project site below. The site is currently improved with a 24,333 square -foot sanctuary/auditorium, a 9,100 square -foot fellowship hall, 19,430 square -foot administration building (office /classroom), and 4 temporary modular classrooms buildings (totaling 5,760 square feet), for a total development of 58,623 square feet. Project Description The project site is utilized by the Liberty Baptist Church ministry for religious worship and religious education. The site also contains the Newport Christian School, the academic educational ministry of the Church. Grade K -12 education is the primary activity of the site on weekdays. The school currently utilizes the four modular buildings (8 classrooms) on the western portion of the site and 4 additional classrooms within the existing administration building. The modular buildings have always been considered temporary until the Church could raise sufficient funds to construct the permanent educational facility. The applicant is proposing to demolish the 4 modular buildings (totaling 5,760 square feet) and construct a new, two -story, 31,722 square -foot educational building. The new building will consist of 14 new classrooms, 1 science lab, a library, a kitchen, locker rooms, teachers' lounge, offices, and storage space. The science lab will be used to accommodate multi -grade science courses (Exhibit 2: Project Plans). The building will support the school's recreational needs with a fully enclosed, 9,078 square -foot gymnasium consisting of a full -size basketball /volleyball court, 2 racquetball courts, and a maximum bleacher capacity of 250 seats. The gymnasium may be used to accommodate school and /or church - related after -hours events; however, it will not be used as an overflow auditorium for church services. In addition to constructing the new educational building, the Church is requesting to change the existing conditions of approval to reduce the on -site required parking from 506 to 444 parking spaces and to increase the maximum permitted enrollment from 260 students to 280 students. �5 Liberty Baptist Church School Expansion September 6, 2007 Page 4 Existing Schedule of Operation WaNAHOWOOMAN Public Services t e Adult Bible Study and Children's Sunday School 9:45 a.m., Sunday Monday Service 11:00 a.m. Sunday Morning Service 8:30 a.m. 11:00 a. --n. Evening Service 5:00 p.m. 7:00 p.m. Sunday Wednesday Ladies Bible Studies 9:00 a.m. Thursday Visitation Outreach 7:00 p.m. Thursday School (K-12)* Morning Day Care 7:00 a.m. to 8:00 a.m., Monday — Friday School Hours 8:30 a.m. to 3:30 .m., Monday — Friday Evening Day Care 3:30 p.m. to 6:00 .m., Monday — Friday Office Hours 8:00 a.m. to 5:00 p.m. Special Social Activities (i.e. banquet, harvest party, teen activity) Range from 8:30 a.m. to 9:00 p.m. Daycare is ror scnool students only and not open to public. Background In 1974, the Planning Commission approved Use Permit No. 1726, permitting a master plan of development for Mariner's Church (previous applicant). Specifically, the approval provided for the construction of three, 17,430 square -feet (52,290 square -feet total) combination classroom /office buildings, a 25,604 square -foot sanctuary, and a 10,000 square -foot fellowship hall, for a total of 87,894 square -feet of allowable development. (Exhibit 3: 1974 Plan) Phase 1 of the development, consisting of one classroom /office building and a temporary auditorium, was completed in 1975. In 1978, four modular buildings on permanent foundations were constructed on the site in place of one of the permitted office /classroom buildings. In 1988, the temporary auditorium was converted into administrative offices and classrooms, and a permanent auditorium building was constructed. The fellowship hall was constructed in 1989. To date, a total of 58,623 square -feet of floor area has been permitted. In 1987, the Planning Commission approved an amendment to Use Permit No. 1726 to permit the establishment of an on -site, private elementary school for kindergarten through sixth grade with extended day care. The approval provided for a maximum 140 4 Liberty Baptist Church School Expansion September 6, 2007 Page 5 students and day care hours, both before and after school, beginning at 7:00 a.m. and ending at 6:00 p.m., Monday through Friday. In 1988, the Planning Commission approved an amendment to address the need for additional off - street parking associated with the construction of the permanent auditorium and fellowship hall through the use of on -site compact parking spaces and off -site parking on an adjoining property. A parking demand analysis conducted for the project concluded that 617 parking spaces would be required for the church, with 506 spaces proposed on -site. The remaining spaces were provided on the adjacent Toyota Motor Land Company property through an informal parking agreement. In 1998, Liberty Baptist Church acquired the site from Mariner's Church and the Planning Commission approved an amendment to expand the operation of the elementary school to include seventh through twelfth grade and increase the number of students to 260. Analysis General Plan The Land Use Element of the General Plan sets forth objectives, policies and limitations for development in the City and designates the general distribution and location of land uses and residential and commercial densities. The project site is designated for Private Institutions (PI) land uses, which is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The proposed redevelopment of the existing private school's educational facilities is consistent with this designation. The subject property has been assigned a precise development limitation of 58,417 square feet (Anomaly No. 25). The 1974 approval of Use Permit No. 1726 permitted a master plan of development for the church site totaling 87,894 square feet. However, the 1988 Land Use Element update of the General Plan substantially reduced residential and commercial densities permitted on properties throughout the City, including the subject church site. The church site development was limited to 58,417 square feet, which is what was believed to be existing at the time. This allocation was carried over into the 2006 General Plan as Anomaly No. 25. In order to implement the original master plan of development and construct the new educational building, an amendment to the General Plan is required to increase the precise development limitation of the site to 84,585 square feet. Proposed Educational Building 31,722 sq. ft. Demolition (5,760 sq. ft.) Existing S . Ft. over GP Development Limitation 152 sq. ft. Total Increase — &6p44&s .ft. 2.6 114)1' q� Liberty Baptist Church School Expansion September 6, 2007 Page 6 In considering the proposed amendment, the Planning Commission should consider the following Land Use Element policies applicable to the project: Lt15.6.2 Form and Environment Require that new and renovated buildings be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style, and the use of surface materials that raise local temperatures, result in glare and excessive illumination of adjoining properties and open spaces, or adversely modify wind patterns. LU 6.1.9 Adequate Community supporting uses Accommodate schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools, cultural facilities, museums, interpretive centers, and hospitals to serve the needs of Newport Beach's residents and businesses. LU 6.1.2 siting of New Development Allow for the development of new public and institutional facilities within the City provided that the use and development facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. The proposed amendment is consistent with LU 5.6.2. The project has been designed to be compatible in scale, mass, character, and architecture with the existing buildings on the church campus. The proposed height of the building is similar in height to the existing sanctuary and administration building, as well as the adjacent Toyota Motor Land Company facility. Additionally, the proposed building will be screened from view from Jamboree Road and Bison Avenue due to the grade separation of the project site and existing mature landscaping that exists along the perimeter of the site. The proposed amendment is consistent with LU 6.1.1 and serves the resident's needs by increasing the development allocation of the site by 26,114 square feet for private institutional use and accommodating the expansion and redevelopment of the existing private school. The existing school currently utilizes 29 year -old modular buildings that were intended for temporary use. Replacement of these aging structures with the new educational building will provide students with a higher quality facility and better atmosphere for learning. Consistent with LU 6.1.2., the proposed amendment allows for the expansion of an existing institutional facility that has been a part of the community since 1974, and to date, has proven to be compatible with adjoining land uses. The project is also separated from adjoining residential neighborhoods by major streets and will not result in spill over traffic impacts normally associated with churches and schools in close proximity to residential streets. Additionally, the Traffic Engineer has determined that the proposed increase in student capacity would result in less than significant traffic impacts on existing levels of service at intersections within the City. A% Liberty Baptist Church School Expansion September 6, 2007 Page 7 In addition to the policies contained within the Land Use Element, the Planning Commission should consider the following Noise Element policies applicable to the project: N 1.1 (Noise Compatibility of New Development) - Require that all proposed projects are compatible with the noise environment through use of Table N2, and enforce the interior and exterior noise standards shown in Table N3. N1.2 (Noise Exposure Verification for New Development) - Applicants for proposed projects that require environmental review and are, located in areas projected to be exposed to a CNEL of 60 dBA and higher, as shown on Figure N4, Figure N5, and Figure N6 may conduct a field survey, noise measurements or other modeling in a manner acceptable to the City to provide evidence that the depicted noise contours do not adequately account for local noise exposure circumstances due to such factors as, topography, variation in traffic speeds, and other applicable conditions. These findings shall be used to determine the level of exterior or interior, noise attenuation needed to attain an acceptable noise exposure level and the feasibility of such mitigation when other planning considerations are taken into account. N 2.1 (New Development) - Require that proposed noise - sensitive uses in areas of 60 d8A and greater, as determined the analyses stipulated by Policy N1.1, demonstrate that they meet interior and exterior noise levels. N2.2 (Design of Sensitive Land Uses) - Require the use of walls, berms, interior noise insulation, double paned windows, or other noise mitigation measures, as appropriate, in the design of new residential or other new noise sensitive land uses that are adjacent to major roads. Application of the Noise Standards in Table N3 shall govern this requirement. Given its close proximity to Jamboree Road, the proposed location of the new educational building is between the 65 and 70 CNEL roadway noise contours, as shown on Figure N2 of the City's Noise Element (Exhibit 4: Noise Contours). Schools are considered a noise- sensitive land use and per Table N2 (Land Use Compatibility Matrix) of the Noise Element, classrooms are "Normally Incompatible" within the 65 -70 CNEL roadway noise contours and new construction or development should be generally discouraged. If new construction does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design (Exhibit 5: Compatibility Matrix). The existing classrooms within the 4 modular buildings are currently located within the 65 -70 CNEL noise contours, similar to the proposed building. The applicant intends to utilize non - operable windows on the building elevation facing Jamboree Road and the use of increased insulation and sound attenuating doors and windows throughout the building. To ensure that noise impacts do not prove detrimental to future students and employees of the project, a condition of approval has been recommended requiring the preparation of a detailed noise study to demonstrate that the permitted interior and exterior noise levels can be met and to require any recommended mitigation measures needed to achieve those standards to be implemented in the final design drawings submitted for building permits. Staff believes that, based on the analysis of the above General Plan policies, the proposed project can be found consistent with the General Plan and the increase in Aq Liberty Baptist Church School Expansion September 6, 2007 Page 8 development allocation can be approved. The proposed change to the Table LU2 (Anomaly Locations) of the Land Use Element of the General Plan is shown as Exhibit "A" of the draft Planning Commission Resolution (Exhibit 1). Charter Section 423 (Measure S) Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the Newport Beach electorate would be required. If a project generates more than 100 peak hour trips, 40,000 square feet of non - residential floor area or exceeds 100 dwelling units, a vote of the electorate would be required if the City Council approves the suggested General Plan Amendment. The proposed project is located in Statistical Area L3 of the Land Use Element of the Newport Beach General Plan and will require an increase of 26,114 square feet of non - residential intensity. The proposed amendment does not create any new dwelling units and does not exceed the non - residential floor area threshold. Additionally; based on the trip generation rates contained in the Council Policy A -18, the proposed project is forecast to generate an additional 40 AM peak hour trips and 40 PM peak hour trips. a r1ry- Rate)fi,(Qq�fi. t C 30til116,A10101tu#ion i jar? Trt - I 26.114 1.50 AM 39.17 AM Trips 26.114 1.50 PM 39.17 PM Trips None of the three thresholds that require a vote pursuant to Charter Section 423 are exceeded. No other amendments have been approved within Statistical Area L3 since the adoption of the 2006 General Plan and no vote would be required based on cumulative amendments. This amendment will be tracked for ten years in accordance with Section 423. Planned Community Amendment The project site is located in Area 1 of the North Ford Planned Community (PC -5) and is designated for General Industry / Government, Education & Institutional Facilities (GI /GEIF) land uses. Section I (Statistical Analysis) of the PC Plan states that no additional allowable square footage is allocated in Area 1; therefore, an amendment to the PC Plan will be required to accommodate the additional 25,962 square feet of additional development on the site (31,722 sq. ft. building — 5760 sq. ft. demo = 25,962 sq. ft.). Additionally, churches and schools are not listed as permitted uses within Area 1 of the PC; however, the staff report for the project indicated that the proposed church and school were permitted since they were similar to other quasi - public uses in the PC, such as the Post Office and the adjoining sub - station, and that they would not be adversely affected by any of the other uses permitted in the area. For future clarification, staff recommends the following changes to the Area 1 development standards: Liberty Baptist Church School Expansion September 6, 2007 Page 9 • Adding language to the Intent section clarifying that it is the intent of Area 1 to permit the location of a combination of General Industrial uses and Governmental, Educational and Institutional Facilities uses. • Adding churches and schools to the Permitted Uses section. • Including a provision within the Parking section that parking for churches and schools shall be determined by use permit. The proposed changes to the PC are shown as Exhibit "B" of the draft Planning Commission Resolution (Exhibit 1). No changes to any other development regulations are proposed or necessary to implement this project. The existing and proposed development of the site have been designed in conformance with the development standards for Area 1 GI /GEIF land uses as follows: al - Site Area 1 acre min. 9.2 acres 9.2 acres Setbacks Front Jamboree Rd) 30 feet 43 feet 9 inches 35 feet Side (Bison Ave) 30 feet 30 feet approx. 183 feet Side 10 feet approx. 132 feet approx. 55 feet Rear 0 approx. 695 feet approx. 320 feet Height 50 feet max. 41 feet (auditorium) 40 feet (tower) 46 feet tower finial Coverage 50 percent 13.28 21.2% Landscaping Entire area between curb Front Setback and front (Special Landscape setback line Street) consisting of Met Met street trees, trees, ground cover and shrubbery All unpaved areas not utilized for Other Setbacks parking and Met Met storage shall be landscaped with roundcover Liberty Baptist Church School Expansion September 6, 2007 Student Enrollment The Newport Christian School currently utilizes a total of 12 classrooms: 8 classrooms exist within the 4 modular buildings and 4 additional classrooms are located with the administration building. Current student enrollment stands at 99 students. The proposed new educational building will accommodate the school's classroom needs with a total of 14 new classrooms and 1 science lab. The 4 classrooms that currently exist within the administration building will be converted back to office /meeting space after project implementation. With the school's classroom policy of 20 students maximum, a total enrollment should not exceed 280 students (14 classrooms x 20 students = 280 students). However, to account for further growth and eliminate the need to amend this Use Permit in the future, staff recommends permitting enrollment to a maximum of 325 students (23.2 students per classroom), consistent with the maximum allowable increase under the CEQA exemption (see Environmental Review section of report). Parking A parking demand analysis was conducted for the 1988 amendment for the construction of the permanent, 1,500 -seat auditorium and fellowship hall. The analysis concluded that 617 parking spaces would be required for the church, with 506 spaces proposed on -site. An informal off -site parking arrangement between the church and Toyota Motor Land Company was accepted with the approval of the amendment; however, given that the arrangement was informal, a condition of approval was imposed only requiring 506 on -site parking spaces (25 percent compact) and also included a condition requiring the church to lengthen the time period between church services in order to facilitate the turn -over of parking spaces. As previously stated, in 1988 Liberty Baptist Church acquired the facility from Mariner's Church. Since Liberty Baptist Church is a smaller congregation than Mariner's Church, the auditorium was remodeled and the seating capacity was significantly reduced to 781 seats. Given the lack of demand for parking and increased demand for recreational area associated with the school, the 62 spaces located at the northwesterly portion of the property were converted into a basketball court and play area for the students. The total number of parking spaces currently provided on -site is 444 spaces. Below is a basic comparison of the approved and proposed parking in relationship to number of seats within the main auditorium: 5� Liberty Baptist Church School Expansion September 6, 2007 Panes 11 Parking Comparison Based on Auditorium Capacity Parking Ratio Parking Ratio (spaces per Church Provided Seats seats Projected per 1988 617 1500 2.43 parking demand analysis 1,475 sq. ft. 1 space/35 sq. ft. 42.14 As conditioned 506 1500 2.96 Proposed (existing) 444 781 1.75 Given that parking demand for Sunday church services will exceed the parking demands of the small, weekday, K -12 private school, staff has focused the discussion of the adequacy of parking to the 11:00 a.m. Sunday service, which is the largest gathering that occurs on -site at any given time. Based on the parking requirements contained within Chapter 20.66 of the Zoning Code, the required parking for religious assembly uses is 1 space per 3 seats or 1 space per 35 square feet used for assembly purposes. The following table provides a breakdown of required parking for the project site based on maximum capacity: Parking Analysis Based on Maximum Projected Capacity Available Ratio Demand Church Auditorium 781 fixed seats 1 space/3 seats 260.33 Rehearsal Hall 1,475 sq. ft. 1 space/35 sq. ft. 42.14 Fellowship Hall Multi- Purpose Room 4,398 sq. ft. 1 space /35 sq. ft. 125.65 Fireside Meeting Room 609 sq. ft. 1 space /35 sq. ft. 17.4 Total 443 spaces Only 3 of the assembly areas are used concurrently for adult services during the 11:00 a.m. Sunday service. In addition to the service held within the main auditorium, a small Chinese - language (Mandarin) service is held within the rehearsal hall and a Spanish service is held within the multi - purpose room. A total of 891 seats are provided, but only an average of 321 adults actually attend service at this time. Additionally, children attend Junior Church in small groups depending on grade level, for a total average of 460 persons (including employees) on -site at any one time. Since children typically arrive with their parents, staff focused the parking demand based on the 3 adult services that occur concurrently: 53 Liberty Baptist Church School Expansion September 6, 2007 Page 12 Based on the above parking analysis, staff believes the 444 parking spaces provided on -site are sufficient to meet the maximum projected parking needs of the church facility during its largest gathering, as well as meet the parking demands of the expanded private school operation. Additionally, actual observed parking demands is significantly less as illustrated in the Construction Management Plan prepared by the applicant (see discussion below). Construction Management Plan Per the request of the City Public Work's Department, the applicant has prepared a Construction Phasing Report for the project to verify that sufficient on -site parking will exist during the construction of the project for construction activities and daily school and church operational needs (Exhibit 6). That report concludes that during construction, 106 parking spaces are expected to be utilized for construction staging, temporary trailer, and construction worker parking. The remaining 338 parking spaces will remain available to the school and church. Typically, on weekdays, the Church uses approximately 20 spaces for staff, teacher, and visitor parking, plus 2 spaces for bus parking. On Sundays, approximately 45 stalls are used during the 8:30 a.m. service, 140 stalls during the 10:00 a.m. service, 200 stalls during the 11:00 a.m. service, and 100 stalls during the 5:00 p.m. service. Construction activities are proposed to occur on weekdays only and will not affect the Sunday Church activities. Based on the information in the report, staff believes the site should have sufficient parking to accommodate the daily activities of the Church and school during the construction phase of the project. General Use Permit Findings Section 20.91.075 of the Zoning Code requires that the Planning Commission make certain general findings for Use Permit requests. These findings, and facts in support of such findings, are listed and discussed below. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. dak» @-- ., .., Available Ratio Demand Church Auditorium 781 fixed seats 1 space/3 seats 260.33 Rehearsal Hall 40 movable seats 1 space/3 seats 13.33 Fellowship Hall Multi- Purpose Room 70 movable seats 1 space /3 seats 23.33 Total 891 seats 297 spaces Based on the above parking analysis, staff believes the 444 parking spaces provided on -site are sufficient to meet the maximum projected parking needs of the church facility during its largest gathering, as well as meet the parking demands of the expanded private school operation. Additionally, actual observed parking demands is significantly less as illustrated in the Construction Management Plan prepared by the applicant (see discussion below). Construction Management Plan Per the request of the City Public Work's Department, the applicant has prepared a Construction Phasing Report for the project to verify that sufficient on -site parking will exist during the construction of the project for construction activities and daily school and church operational needs (Exhibit 6). That report concludes that during construction, 106 parking spaces are expected to be utilized for construction staging, temporary trailer, and construction worker parking. The remaining 338 parking spaces will remain available to the school and church. Typically, on weekdays, the Church uses approximately 20 spaces for staff, teacher, and visitor parking, plus 2 spaces for bus parking. On Sundays, approximately 45 stalls are used during the 8:30 a.m. service, 140 stalls during the 10:00 a.m. service, 200 stalls during the 11:00 a.m. service, and 100 stalls during the 5:00 p.m. service. Construction activities are proposed to occur on weekdays only and will not affect the Sunday Church activities. Based on the information in the report, staff believes the site should have sufficient parking to accommodate the daily activities of the Church and school during the construction phase of the project. General Use Permit Findings Section 20.91.075 of the Zoning Code requires that the Planning Commission make certain general findings for Use Permit requests. These findings, and facts in support of such findings, are listed and discussed below. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Liberty Baptist Church School Expansion September 6, 2007 Page 13 The project site is located in the North Ford Planned Community District and is designated for General Industry / Government, Education & Institutional Facilities land uses. The church and private school use of the site are consistent with this designation. Should the Planned Community Development Plan Amendment be approved specifically permitting the uses within Area 1 and increasing the development allocation, the project can be found in accord with the objectives and purpose of the district. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; 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 improvements in the vicinity or to the general welfare of the city. Should the General Plan Amendment be approved, the existing church and proposed school expansion, pursuant to the conditions of approval, can be found consistent with the Private Institutions land use designation which is intended to provide for privately - owned facilities that serve the public, including places for religious assembly and private schools. Staff believes the project will not be detrimental to the public or properties in the vicinity, or to the general welfare of the City for the following reasons: • The existing school has operated in this location for several years and has not proven to be detrimental to properties in the vicinity. • The new education building will be screened from public view due to the grade separation from Jamboree Road and Bison Avenue down to the site and the large and mature perimeter landscaping. • The increase in the number of students from 260 to 325 will increase the weekday parking demand, which can be accommodated by the 444 parking spaces provided on -site. • The increased school enrollment is projected to result in an increase of 71 average daily trips, which is less than significant and can be accommodated within the capacity of the existing roadways. • To insure the existing roadway noise from Jamboree Road is not detrimental to the future students and employees, a detailed noise study is required as a condition of project approval to demonstrate that the permitted interior and exterior noise levels can be met and to require any recommended mitigation measures needed to achieve those standards to be implemented. 55 Liberty Baptist Church School Expansion September 6, 2007 Page 14 • The project has been conditioned so as to control and reduce excess lighting and to avoid off -site light spillage. • Based on the Construction Management Plan, an adequate supply of on -site parking will be available during the temporary construction phase of the project. • The 444 on -site parking spaces are adequate to serve the parking demand for the new educational building and weekday operations, as well as the existing large Sunday service gatherings, given the significant reduction in seating capacity within the remodeled auditorium (1,500 seats to 781 seats) and the required minimum interval between church services. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The project meets the development standards of the North Ford Planned Community related to building setbacks, height, site coverage, and landscaping. The proposed conditions of approval for this project will ensure that all conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. Airport Land Use Commission Projects requiring General Plan Amendments that are located within the Airport Environs Land Use Plan ( AELUP) Airport Planning Area must be referred to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency with the AELUP prior to adoption by the City. The ALUC requires referrals to be reviewed between Planning Commission and City Council hearing dates. Therefore, the project is anticipated to heard at the next available ALUC meeting on September 20, 2007 with a City Council hearing scheduled for October 9, 2007. Staff anticipates approval of the project given the project's consistency with the heights of the existing church and surrounding buildings in the vicinity. Summary Staff believes the proposed project is in substantial conformance with the original master plan of development approved in 1974 and that the General Plan Amendment does not conflict with the policies identified in the General Plan, does not exceed any of the thresholds for a vote established by Charter Section 423 and that the 26,114 square -foot increase in floor area within the statistical area can be supported. Staff believes that the Planned Community Development Plan Amendment request for the increase in floor area can also be supported, as the proposed use meets all the development standards specified in the North Ford Planned Community. The project will not be detrimental to the adjacent industrial and public facilities, or to the residential neighborhoods located across Jamboree Road and Bison Avenue, since the height of the proposed building is compatible with the heights of the existing buildings on the 5� Liberty Baptist Church School Expansion September 6, 2007 Page 15 church campus. The building will be screened from view due to the grade separation of the adjacent streets and existing mature landscaping that exists along the perimeter of the site. The school expansion will only increase student capacity by 65 students, generating 71 average daily trips, which is less than significant and not expected to create any traffic impacts. On -site parking of 444 spaces is adequate to serve the parking demand for the new educational building and weekday operations, as well as the existing large Sunday service gatherings, given the significant reduction is seating capacity within the auditorium and lengthen time between church services. Alternatives 1. If the Planning Commission determines that not all the facts in support of the findings can be made, the Planning Commission should direct staff to prepare findings and a resolution denying the requests and return at the next Planning Commission meeting date with such resolution for adoption. 2. The Planning Commission may suggest specific design modifications determined to be needed in order to make required findings for6 approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes are directed, the item should be removed from calendar to allow redesign of the project. Environmental Review The project qualifies fora Categorical Exemption pursuant to Section 15314 (Minor Additions to Schools) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). The exemption consist of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25 percent, or ten classrooms, whichever is less. The proposed project results in a total of 14 classrooms, an increase of 3 classrooms (14 proposed — 11 existing = 3 new classrooms). The proposed project will increase student capacity to a maximum of 325 students, which is an increase of exactly 25% (325 proposed — 260 existing = 65 student or 25 %). Therefore, the project meets the criteria to qualify for this exemption. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. 51 Prepared by: zWzzWMzW4WWWMMA= EXHIBITS 4 —QF&A4"Q4wi1en 4Ei, A1'Y-rgCfjMEw3T 2. Project Plans 3. 1974 Master Plan of Development (UP1726)j 4. Noise Contours Exhibit 5. Table N2 — Compatibility Matrix 6. Construction Management Plan Liberty Baptist Church School Expansion September 6, 2007 Page 16 Submitted by: tic DavicTLepo, Plan g Director ao. y aF C CT/ lGaPicrt.. 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C.), w 29402 pr Total BWmmo Area : 31712egf1 Flat Floor Bull6ing Area : 309.6 cIfl Second Floor Building Area : 10117 Soft SWlding Haight : 32' -0' 'm�oa®gv wAaaa nus frm wum .ro trm ae aew.o u,�. . nay.a e. a+an*r real �om�ss ra°mt au e•. s aay,.:oalc atereara ±�mtamom ma«ae1 rnus.ae a.a.. °ewe 'a°.® i �msmmm �moomo �oomos •rra ®amens �omo0o �sm0tos �m ®mmo cos ®vv 'm�oa®gv wAaaa nus frm wum .ro trm ae aew.o u,�. . nay.a e. a+an*r real ra°mt au e•. s aay,.:oalc atereara ma«ae1 rnus.ae a.a.. °ewe 'a°.® i llJHti�19 BIcKm UMDMWODD =IEIl T Y ]Bfi ° ,ST (CHURCH AM AL. ae.ter..arw.nwesammro 1CQBffi®1VA�[.116 AUGU 27�2007 mm-am eet6aAm.fau NZWM RT M&M, 9261 _ =•' s= .cam.:.? 5' 1®Mn4.Tt.illii.MgaeYJ.p (1111 fIM1 1A.N11 ffiMfl1.M1 IN IY W �YJt�Ji��7� j' i0000000 ©o ©i yOGC�4zaocC ©codl._ an.... . - -� SECTIONS I_ I Ilk) I I I" 1'M :11 M RD 3Inrx:slan _ n��il�II l k _„ I. � VI LLI, 30 r is STING x tb l t � 1 "b°41 e �. � t.wosc+am +un fi'EILOYISFxP BISON AVM — a PAWING SUMMARY �� I � a.va. m.sim mae a..o • u Ivwu iw mvlN.L Vmn•u � � Vd ISAV190lWBI. qOM Mx16 smo v,�•w� , i m � � ]Y 1 Exhibit No. 3 1974 Master Plan of Development (UP 1 726) ud ON!"Ma c(Als! iVtµ10,l 00,y ` LASSTWMIVAo l 1 i Soso — AVF NvC PaAl,� otr lrNiTH USEP,cie,�- 7* /72b c Ln l ^�• H s ON!"Ma c(Als! iVtµ10,l 00,y ` LASSTWMIVAo l 1 i Soso — AVF NvC PaAl,� otr lrNiTH USEP,cie,�- 7* /72b c Exhibit No. 4 Noise Contours Exhibit -1t tz '� CITY of NEWPORT BEACH r e GENERAL PLAN -? Figure N5 Y FUTURE NOISE CONTOURS Roadway Noise Contours 70 CNEL 65 CNEL 60 CNEL AELUP Noise Contours 70 CNEL a✓ 65 CNEL J ,1Y 60 CNEL - - -- City Boundary F ; + John Wayne Airport •� ypp i I P um pw.3le � a n.V 1 a paM. neu lev b I A Ba qq // .� J¢ 11/ daa 1 Jo mtaavvrrtl bN ^6P •va?. R WIS A' .• r' i r'� ` IRVINE na..«n qe rvnE: �b.�r ee.,e.x�rmW. i 1 9 r e a woE% ' 2 T t `art" B yk Vii.." �` � �x,. '� _ .� ... • .. ON Szrte: A'd Hwpcd Bex�u�eGa'ewaxNm PRpJEC1NUMBER'. 105I901 FC 1 A 1 �T'a 3 Oi -I 111A YA w MRT. IIZ� IN, 'Vo6m ell 'P4 ... ... I, it IA " �it Exhibit No. 5 Table N2- Compatibility matrix I� Residential 'Single Family, Two Family, Multiple Family Residential !Mixed Use Residential Mobile Home Commercial Regional, District Hotel, Motel, Transient Lodging Commercial Regional, Village Commercial Retail, Bank, Restaurant, Movie Theatre District. Special Commercial Industrial 1 Office Building. Research and Development, Institutional I Professional Offices, City Office Building Commercial Recreational 1 Institutional 'Amphitheatre, Concert Hall Auditorium, Meeting Hall Civic Center Commercial 1 Children's Amusement Park, Miniature Golf Course, Recreation Go-cart Track, Equestrian Center, Sports Club Commercial General, Special Automobile Service Station. Auto Dealership, Manufacturing, Warehousing, Wholesale, Utilities Noise E|*no*nt Institutional !Hospital, Church, Library, Schools' Classroom I Open space Golf Course, Cemeteries, Nature Centers Wildlife cu tu a Agriculture SOURCE: Newport Beach, 2006 Zone A: based upon the assumption that any buildings involved are w[ normal conventional mnstructon without any special noise Insulation requirements. Zone B: Normally Compatilble*�–�New construction or development should be undertaken only after detailed analysis of the noise reduction requirements and are made and needed noise insulation features in the design are determined. Conventional construction, with closed windows and fresh air supply systems o, air conditioning, will normally suffice. Zone C: Normally Inoompatible—New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design. Zone D: Clearly Incompadble--New construction or development should generally not be undertaken. Newportillemch General Plan Exhibit No. 6 Construction Management Plan I') GENERAL CONTRACTORS CITY OF N5WPOR r BEACH CONSTRUCTION STAGING TRAFFIC MANAGEMENT PLAN BEST MANAGEMENT PRACTICES FOR LIBERTY BAPTIS?CHURCH i000 BISONAVE -VUE NEWPORT BEACH, CACIFOR.WYA 9266o 2685 Dow Avenue - Suite B - Tustin, CA 92780 Tel 714.832.5777 • Fax 714.832.8112 www.KBIcoustructiou.com �� GENERAL CONTRACTORS The following Information is provided by KBI in association with Bickel Underwood, the Architects for Liberty Baptist Church, to the City of Newport Beach. The enclosed information is intended to follow all rules, regulations and laws currently published by the City of Newport Beach. This document is not meant to l rescribe the performance of any general contractor for this project. It is however, a uniform guideline of procedures that any general contractor would be expected to follow in the performance of completing this project for Liberty Baptist Church. 1. PROJECT ADDRESS Page 2 of 8 1000 Bison Avenue Newport Beach, CA 92660 2. START DATE Mobilization and Construction possibly in April 2008. 3. GENERAL CONTRACTOR A. Licensed by the State of California. B. Business license with the City of Newport Beach. C. Liability and Worker's Compensation Insurance acceptable to Bickel Underwood. D. Performance and completion bonds acceptable to Bickel Underwood. E. Jobsite signage with management names and phone numbers; Including after hours and emergency telephone numbers. 4. WORKING HOURS (arriving and departing the site) 5. Should be from 7:OOam to 6:OOpm, Monday through Friday and from 8:OOam to 6:OOpm on Saturday. Work on Sundays and holidays Is not permitted except by approved permit only. Should be managed by qualified personnel approved by Bickel Underwood. 6. ON -SITE HEALTH AND SAFETY Should be managed by certified Health and Safety personnel approved by Bickel Underwood. 7. STORM WATER POLLUTION PREVENTION PLAN Should be managed and Installed by certified Storm Water Compliance personnel approved by Bickel Underwood. 8. FUG177VE DUST CONTROL 9. Should be managed by certified SQAMD (EPA) personnel approved by Bickel Underwood. Existing school building classrooms at the West end of the facility will be demolished and rebuilt. 10. DEMOLITION CONSTRUCTION Expected to start May 2008 and continue for approximately one month. 2685 Dow Avenue • Suite B • Tustin, CA 92780 Tel 714.832.5777 • Fax 714.832.8112 www.KBIcens&ucdon.com �.� GENERAL CONTRACTORS 11. RECYCLING PROGRAM Page 3 of 8 This program should Include all exported concrete, asphalt, metal construction products, gypsum products, vegetation, dirt, wood products and paper trash. 12. All VEHICLES and TRUCK ROUTES A. ALL Vehicular Traffic should be required to ENTER from MacArthur Boulevard only, turning West onto Bison Avenue, then turning North Into the Liberty Baptist parking lot. EENTRYfrom Jamboree Road should NOT BE PERMITTED. B. ALL Vehicular Traffic will be required to exit the jobsite turning east on Bison Avenue and then either turn North or South on MacArthur Boulevard. C. There are a greater number of single - family homes, condominiums and apartments on Jamboree Road that could be negatively Impacted from the increased construction traffic (nolse). Jamboree has a longer up -hill length of travel and a greater distance to the freeway on and off ramps than MacArthur. D. If any hazardous waste materials are encountered they should be disposed of by acquiring all necessary permits and with Approved and Certified Franchised Solid Waste haulers. All Hazardous Waste operations should be supervised by a certified Hazardous Waste Transportation Technician approved by Bickel Underwood. 13. PA RK/NG A maximum of 30 construction workers are expected at any one time or a maximum of 20 vehicles at any one time and as a result there will be no off -site parking needed for this project. 14. TRAFFIC CONTROL This construction operation does not anticipate the occupation of any traffic or parking lanes, parkways, sidewalks or any other public right -of -way. A. If at any time closures or occupation of any public right -of -way became necessary, a plan should be submitted to the Newport Beach Department of Public Works for a Transportation Department Occupation Permit using the most recent edition of the WATCH and MUTCD manuals. B. Any deliveries to this site by nermlt, wide or long vehicles would require advance notice for entry and exit assistance such as temporary "Naggers ", warning delineators, cones, signage or municipal permits. 15. CONSTRUCTION TRAILER It will be necessary to park a 10 -foot wide by 30 -foot long trailer along the North property line in the parking stalls at this staging area location. 16. MATERIALS STORAGE LOCATION A. Storage and trash bins should be located In the same North/West parking lot staging area as the construction trailer. B. The jobsite must be kept clean and neat at all times. No dirt, trash or debris will be allowed to accumulate and must be disposed as a continuous, ongoing operation. 26M Dow Avenue • Suite B • Tustin, CA 92780 Tel 714.832.5777 • Fax 714.832.8112 n www.KBIconstmction.com GENERAL CONTRACTORS Page 4 of 8 16 C. Contaminated materials are not anticipated on this site and there should be no stored Hazardous Waste or Toxic Materials at any time. D. A Contaminated Materials Report should be generated by a licensed and certified,contrector prior to the start of construction. If any Hazardous Materials are identified, they should be disposed of legally by licensed and certified personnel. All removal and transportation should be supervised by certified HAZWOPER/Hazardous Waste Transportation Technicians approved by Bickel Underwood. 17. EXCAVATING and GRADING 18. The anticipated imported quantities of crushed rock base for the new foundation and floor slab may be 240 cubic yards. The estimate for exported spoils may be approximately 100 cubic yards. The anticipated quantity of large 2+ axle trucks should be as follows: A. DEMOLITION: 30 working days with three, 18 -wheel truck and trailer deliveries for off - loading construction equipment = one truck per day for each delivery. Forty -five, 12-wheel dump trucks (no trailers) to remove the demo debris. No more than seven, 12 -wheel trucks will load during any construction day. These trucks should be spaced out so that at no time would there be more than one dump truck in the staging area at one time. B. GRADING: 7 working days with two, 18 -wheal truck and trailer deliveries for off loading construction equipment = one truck per day for each delivery. The anticipated quantity of 12- wheal dump truck deliveries of crushed rock should be 14, with no more than one truck waiting for delivery or pick -up in the staging area at any time. The maximum deliveries should be 7 per day. At the close of grading, two 18 -wheel truck and trailers should pick -up the construction equipment. C. UNDERGROUND UTILITIES: 5 working days with one, I8 -wheel truck and trailer delivery for construction equipment. All excavated dirt should remain on -site. At the close of this operation, one 18 -wheel truck and trailer should pick up the equipment. D. PLUMBING GROUNDWORK: 5 working days with one, 18 -wheel truck and trailer delivery for construction equipment. All excavated dirt should remain on -site. There should be 5 deliveries of 10 -wheel supplies with only one truck on -site at any time. E. FOUNDATION and CONCRETE: 25 working days with three, 18 -wheel truck and trailers for deliveries and pick -up of equipment and supplies with one truck per day on -site. There should be twenty- three, 12 -wheel truck deliveries of redi -mix concrete, concrete pump, sand, crushed rock, equipment and supplies. There should only be one truck loading or unloading at any time. There also should be only one truck waiting In the staging area at any time and no more than 8 trucks scheduled per day. 2685 Dow Avenue • Suite B • Tustin, CA 92780 Tel 714.8325777 • Fax 714.832.8112 www.ICBIconstruction.com GENERAL CONTRACTORS Page 5 of 8 F. F fN : 30 working days with eight, 18 -wheel truck and trailers for equipment, wood, trusses, supplies and pick -up. There could also be four, 10-wheal trucks for equipment and supplies. There should be no trucks in the staging area and no more than one truck per day scheduled on- site at any time. G. PLUMBING/ELECTRICAL/MECHANICAL: 30 working days as combined trades with five, 18 -wheel truck and trailers for supplies and equipment, deliveries and pick -ups. There should also be five 10 -wheel truck deliveries of supplies and equipment and should only have one truck per day on- site at any time. H. ROOF /N"OORSIMNDOWS: 25 working days with three, 18 -wheel truck and trailers and six, 10- wheel trucks for deliveries and pick -up of equipment and supplies with one truck per day on the site at any time. I. INSULATfON(DRYWALL: 20 working days with three, 18 -wheel truck and trailers and six, I0 -wheel truck deliveries of equipment and supplies with one truck per day on -site at any time. J. SCAFFOLD/LATH/PLASTER/STUCCO: 25 working days with two, 18 -wheel truck and trailer and five, I0 -wheal truck deliveries of equipment and supplies. Only one truck on -site per day. K. PAIWINGINNISH/CARPET. 26 working days. Sly, 10- wheelers. One truck on -site per day. L IRRIGA77ON and LANDSCAPING: 7 working days; 2, 18- wheelers; 4, 10- wheelers; I truck on -site. M. CLEAN -UP. There should be a dedicated staff for complete, dally job- site clean -up on the entire property. An average of one, 3 yard dumpster should be expected every other day. The containers should be placed In the on -site staging area. The approximate total of 117, 10 -wheel trash trucks should be expected. 19. TRUCK TOTALS: A. 18 -wheel trucks and trailers should equal 42. B. 12 -wheal trucks should equal 82. C. I0 -wheel trucks should equal 165. D. The GRAND TOTAL should equal 289 trucks. The total number of parking spaces that should be needed for mobilization and staging is 63. All traffic lanes in the remaining parking lot should remain open at all times. it has been our pleasure to assist Bickel Underwood and Liberty Baptist Church in the preparation of this operational evaluation. We look forward to helping this process in any way possible and are always available to discuss any aspects of the Best Management Practices, Health and Safety Issues, Civil Structures, Value Engineering, Building Construction, Supervision and Construction Management. THANK YOU, RONALD L. BLANCHARD EXECUTIVE PROJECT ENGINEER (714) 493.4880 2685 Dow Avenue • Suite B • Tustin, CA 92780 Tel 714.932.5777 • Fax 714.832.8112 h www.KBIconsWuction.com �v PARKING PLAN r 6 4- v\ 7 i - V i BBICRHL UNDERWOOD ILMER ]i B11U.0 11 HS ll l�a1I7i�SJl[V�1r1.CZl d ilUU.11 A9 • ,. U. 1OW 8WNAVBNM MRUARY 16,2W MWMRT IB AM CAII RNU 9260 _ w CONSTRUCTION PHASING REPORT MULTI - PURPOSE BUILDING PROJECT LIBERTY BAPTIST CHURCH APPENDIX Existing Parking Plan I—ZE F E2 To (Ji�oJEeT 'PANS Construction Parking Plan H ATTACHMENT 4 Planning Commission Resolution No. 1730 RESOLUTION NO. 1730 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 2006 -004 TO INCREASE THE PRECISE DEVELOPMENT LIMIT OF ANOMALY SITE NO. 25 WITHIN STATISTICAL AREA L3 TO 85,545 SQUARE FEET AND PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2006 -003 TO INCLUDE THE EXISTING CHURCH AND SCHOOL AS PERMITTED USES WITHIN SITE 1 AND ALLOCATE 25,962 SQUARE FEET OF ADDITIONAL ALLOWABLE DEVELOPMENT, AND AN AMENDMENT TO USE PERMIT NO. 1726 TO PERMIT THE REDEVELOPMENT AND EXPANSION OF THE PRIVATE SCHOOL FACILITY WITHIN THE EXISTING CHURCH SITE (PA 2006 -079) WHEREAS, an application was filed by Dwight Tomlinson, on behalf of Liberty Baptist Church, property owner, with respect to property located at 1000 Bison Avenue, and legally described as Parcel 2 on a Map filed in Book 41, Page 27, Parcel Maps, in the County of Orange, proposing to amend the Land Use Element of the General Plan to increase the precise development limit of Anomaly Site No. 25 from 58,471 square feet to 84,585 square feet and amend the North Ford Planned Community Text (PC -5) to include the existing church and school as permitted uses within the General Industry/Government, Education & Institutional Facilities (Area 1) land use designation and to allocate 25,962 of additional development. Additionally, an amendment to Use Permit No. 1726 is proposed to for the redevelopment and expansion of the existing private school within the Liberty Baptist Church site. The applicant proposes to demolish 4 modular classroom buildings (totaling 5,760 square feet) and construct a. new two -story, 31,722 square -foot educational building and gymnasium; and WHEREAS, a public hearing was held on September 6, 2007, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting, and WHEREAS, the property is designated Private Institutions (PI) by the General Plan Land Use Element. The City has adopted Planned Community District Regulations (PC -5 North Ford) that establish development standards and use regulations to implement the General Plan. The property is presently improved as the Liberty Baptist Church development and private school with a 24,333 square -foot sanctuary/auditorium, a 9,100 square -foot fellowship hall, a 19,430 square -foot administration building (office /classroom), and 4 temporary modular classroom buildings (totaling 5,760 square feet), for a total development of 58,623 square feet; and WHEREAS, the Land Use Element of the General Plan sets forth objectives, policies and limitations for development in the City and designates the general distribution and location of land uses and residential and commercial densities. The project site is designated for Private Institutions (PI) land uses, which is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable 11 Planning Commission Resolution No. _ Page 2 of 31 facilities. The proposed redevelopment of the existing private school's educational facilities is consistent with this designation; and WHEREAS, the subject property has been assigned a precise development limitation of 58,471 square feet (Anomaly No. 25), which was carried over from the 1988 Land Use Element and was believed to be the existing floor area that existed at the time the 1988 Land Use Element was adopted. Therefore, in order to implement the original master plan of development and construct the new educational building, an amendment to the General Plan is required to increase the precise development limitation of the site to 84,585 square feet; and WHEREAS, Land Use Element Policy LU 5.6.2 requires new and renovated buildings to be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style. The project has been designed to be compatible in scale, mass, character, and architecture with the existing buildings on the church campus. The proposed height of the building is similar in height to the existing sanctuary and administration building, as well as the adjacent Toyota Motor Land Company facility. Additionally, the proposed building will be screened from view from Jamboree Road and Bison Avenue due to the grade separation of the project site and existing mature landscaping that exists along the perimeter of the site; and WHEREAS, Land Use Element Policy LU 6.1.1 encourages the accommodation of community supporting uses, such as schools and. religious facilities. The proposed amendment serves the residents needs by increasing the development allocation for the private institutional use and accommodating the expansion and redevelopment of the existing private school. The existing school currently utilizes 29 year -old modular buildings that were intended for temporary use. Replacement of these aging structures with the new educational building will provide students with a higher quality school and better atmosphere for learning; and WHEREAS, Land Use Element Policy LU 6.1.2 encourages the development of new institutional facilities provided that they are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. The proposed amendment allows for the expansion of an existing institutional facility that has been a part of the community since 1974, and to date, has proven to be compatible with adjoining land uses. The project is also separated from adjoining residential neighborhoods by major streets and will not result in spill over traffic impacts normally associated with churches and schools in close proximity to residential streets. Additionally, the Traffic Engineer has determined that the proposed increase in student capacity would result in less than significant traffic impacts on existing levels of service at intersections within the City; and WHEREAS, the Noise Element of the General Plan contains policies to minimize land use conflicts between various noise sources and minimizing motor vehicle traffic impacts on sensitive noise receptors. Given the project's close proximity to Jamboree Road, the proposed location of the new educational building is between the 65 and 70 CNEL roadway noise contours. Schools are considered a noise - sensitive land use and are "Normally Incompatible" within the 65 -70 CNEL roadway noise contours and new construction or development should Planning Commission Resolution No. _ Page 3 of 31 be generally discouraged. If new construction does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design; and WHEREAS, the existing classrooms within the 4 modular buildings are currently located within the 65 -70 CNEL noise contours, similar to the proposed building. However, given the grade separation between the project site and the adjacent roadways, and the fact that the site is buffered from the roadways by tall mature trees and landscaping, noise impacts from Jamboree Road may be decreased. Additionally, the applicant intends to utilize non- operable windows on the building elevation facing Jamboree Road and the. use of increased insulation and sound attenuating doors and windows throughout the building. To ensure that noise impacts do not prove detrimental to future students and employees of the project, a condition of approval has been recommended requiring the preparation of a detailed noise study to demonstrate that the permitted interior and exterior noise levels can be met and to require any recommended mitigation measures needed to achieve those standards to be implemented in the final design drawings submitted for building permits; and WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. This project has been reviewed in accordance with Council Policy A -18 and a voter approval is not required as the project represents an increase of 39.17 — A.M. and 39.17 — P.M. peak hour trips, 26,114 gross square feet of non - residential floor area and zero residential units. Therefore, none of the three thresholds to require a vote pursuant to Charter Section 423 are exceeded. No other prior amendments have been approved within Statistical Area L3, and therefore no vote would be required based on cumulative amendments. This amendment will be tracked for ten years in accordance with Section 423, and WHEREAS, the project site is located in Area 1 of the North Ford Planned Community (PC -5) and is designated for General Industry / Government, Education & Institutional Facilities (GI /GEIF) land uses. Section I (Statistical Analysis) of the PC states that 0 square feet of additional allowable square footage is allocated in Area 1; therefore, an amendment to the Planned Community is will be required to accommodate the additional 25,962 square feet of additional development on the site (31,722 sq. ft. building — 5760 sq. ft. demo = 25,962 sq. ft.); and WHEREAS, churches and schools are not specifically listed as permitted uses within Area 1 of the North Ford Planned Community; however, in reviewing the original staff report for the project, it was stated that the proposed church and school were permitted since they were similar to other quasi - public uses in the PC, such as the Post Office and the adjoining sub - station, and that they would not be adversely affected by any of the other uses permitted in the area. For future clarification, the Area 1 development standards of the PC is proposed be amended to include churches and schools as permitted uses with a use permit; and WHEREAS, a Use Permit for the redevelopment and expansion of the private school with the existing Liberty Baptist Church site has been prepared and approved in accordance M Planning Commission Resolution No. _ Page 4 of 31 with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project site is located in the North Ford Planned Community District and is designated for General Industry / Government, Education & Institutional Facilities land uses. The church and private school use are private institutional uses, consistent with the purpose of the district. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; 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 improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: a. The existing church and proposed school expansion, pursuant to the conditions of approval, are consistent with the Private Institutions land use designation which is intended to provide for privately owned facilities that serve the public, including places for religious assembly and private schools. b. The. project has been conditioned to regulate the design and operation of use to minimize impacts to adjacent uses, as well as future students and employees of the proposed building. Specifically, the project will not be detrimental to the public for the following reasons: • The existing school has operated in this location for several years, and to date, has not proven to be detrimental to properties in the vicinity. • The new education building will be screened from public view due to the grade separation from Jamboree Road and Bison Avenue down to the site and the large and mature perimeter landscaping. • The increase in the number of students from 260 to 325 will increase the weekday parking demand, which can easily be accommodated by the 444 parking spaces provided on -site. • The increased school enrollment is projected to increase in a total of 71 average daily trips, which is considered to be less than significant and can be accommodated within the capacity of the existing roadways. • To insure the existing roadway noise from Jamboree Road is not detrimental to the future students and employees, the project has been conditioned to a Planning Commission Resolution No. _ Page 5 of 31 prepare a detailed noise study to demonstrate that the permitted interior and exterior noise levels can be met and to require any recommended mitigation measures needed to achieve those standards to be implemented. • The project has been conditioned to control and reduce excess lighting and to avoid off -site light spillage. • Based on the Construction Management Plan, the daily Church and school activities will continue to maintain an adequate supply of on -site parking during the temporary construction phase of the project. • The 444 on -site parking spaces is adequate to serve the parking demand for the new educational building and weekday operations, as well as the existing large Sunday service gatherings, given the significant reduction is seating capacity within the remodeled auditorium and lengthen time between church services. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The project meets the development standards of the North Ford Planned Community related to building setbacks, height, site coverage, and landscaping. There are no conditions regarding this specific use. The proposed conditions of approval for this project will ensure that all conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15314 (Minor Additions to Schools) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). The exemption consist of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The proposed project results in a total of 14 classrooms, an increase of 3 classrooms (14 proposed — 11 existing = 3 new classrooms). Additionally, the proposed project will increase student capacity to a maximum of 325 students, which is an increase of exactly 25% (325 proposed — 260 existing = 65 student or 25 %). Therefore, the project meets the criteria to qualify for this exemption; and NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section No. 1. Based on the aforementioned findings, the Planning Commission hereby recommends approval of General Plan Amendment No. 2006 -004 per Exhibit "A" and Planned Community Development Plan Amendment No. 2006 -003 per the revised North Ford Planned Community District regulations depicted in Exhibit "B" subject to the conditions of approval listed in Exhibit "C ". PASSED, APPROVED AND ADOPTED THIS 6th DAY OF SEPTEMBER 2007 il Planning Commission Resolution No. _ Page 6 of 31 AYES: Peotter, Cole, Hawkins„ McDaniel and Hillaren ABSENT: Eaton and Toerge NOES: None BY: i Robert Hawkins, Chair an 1'�/lk.0✓r.l4 fly . /- ATTACHMENTS September 6, 2007 Planning Commission Meeting Minutes Planning Commission Minutes 09/06/2007 CITY OF NEWPORT BEACH Planning Commission Minutes September 6, 2007 Regular Meeting - 6:30 p.m. Page 1 of 8 http: / /www.city.newport- beach. ca. us /PlnAgendas /2007 /mn09- 06- 07.htm 01/29/2008 q3 INDEX ROLL CALL Commissioners Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren: All present STAFF PRESENT: David Lepo, Planning Director Aaron Harp, Assistant City Attorney Tony Brine, Principal Civil Engineer Patrick Alford, Senior Planner finger Varin, Planning Commission Secretary PUBLIC COMMENTS: PUBLIC COMMENTS Ms. Crispin spoke in opposition to the Panini Cafe request and noted petition signed by local residents asking that a liquor license not be granted o this restaurant. otion was made by Commissioner Toerge and seconded by ommissioner Cole to re -order the agenda and take Item 3 first. yes: Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren oes: None Abstain: None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on August 31, 2007. HEARING ITEMS OBJECT: MI S of the regular meeting of August 23, 2007. M NO. 1 ommissioner Toerge made orrection to his comments age 19 Continue to ollowed by Chairman Hawkins and cement that d Assistant City 09/20/2007 Manager Kiffs response to a local residen th minutes were going to e considered on September 20th, he s s and it was agreed, to include the addition and continue thi ' Motion was made Commissioner Peotter and secon by ommissioner M iel to continue this item to September 20, 2007. yes: n, Peotter, Hawkins, Cole, McDaniel, Toerge and Hillgren No . None http: / /www.city.newport- beach. ca. us /PlnAgendas /2007 /mn09- 06- 07.htm 01/29/2008 q3 Planning Commission Minutes 09/06/2007 Page 2 of 8 Liberty Baptist Church School Expansion (PA2006 -079) I ITEM NO. 2 1000 Bison Avenue PA2006 -079 request to recommend approval of General Plan Amendment No. 20061 Approved 14, Planned Community Development Plan Amendment No. 2006 -003, id amend Use Permit No. 1726 for the purpose of demolishing 4 modula issroom buildings (totaling 5,760 square -feet) and constructing a new, o -story, 31,722 square -foot educational building and gymnasium. for Planner Patrick Alford gave an overview of the staff report. He not General Plan Amendment had been reviewed against the provisions irter Section 423 and it was determined that this project would not trigc established thresholds that would require a public vote for t imissioner Eaton noted the construction management plan sugge the truck traffic would be kept off of Jamboree Road. He asked if d be incorporated into the conditions. Tony Brine, Civil Engineer answered that Public Works has revie plan and that their department approves the haul route permits for of project. This permit assures that truck traffic does not go thn: Iler residential -type streets and stays to arterial roadways. If icant proposes to exit trucks onto Bison then towards MacArthur is their plan, then Public Works would have no objection. irman Hawkins, referring to Condition 16, noted the word 'gymnasit ild be added, and that the total square footage should be changed ct the number in the table in the staff report; Condition 27, change i openable to operable; Condition 47, there needs to be soi itional review'. . Lepo answered for Condition 47, it is customary for larger projects this that the applicant is made aware of haw the Codes will apply. Peotter, asked about Condition 3. Lepo answered the applicant had indicated 20 students per class room. f indicated that due to enrollment fluctuations and based on ronmental determination limiting enrollment increases to 25 %, it was 3ested the number be increased to 22 students per classroom. By not Basing, over the existing enrollment by more than 25 %, they qualify for �gorical exemption. iissioner Hillgren, noting his experience with the St. Andrew ation, sees these conditions as restrictions and asked if they a ed for this project. He cited Conditions 6, 7, 8 and 9. He noted whe projects are over - conditioned, they don't get built. He is concerned http: / /www.city.newport- beach. ca. us /PlnAgendas/2007 /mn09- 06- 07.htm 01/29/2008 Planning Commission Minutes 09/06/2007 was appropriate planning. Alford noted Conditions 8 and 9 are reflective of existing conditions use permit or an amendment. Lepo noted Conditions 6 and 8 deal with public facilities that itely owned and relate to potential problems with rental of venues t nothing to do with the primary use. They could be re- worded ire that the facility is not rented out. They are not meant to prev : is reasonably consistent with the operation of the Church or school. comment was opened. wight Tomlinson, Senior Pastor at Liberty Baptist Church, noted the hurch has been in Newport Beach for nine years. He noted he has rea( e report and understands and agrees to all the conditions and findings. e asked about Condition 6 and the flexibility to allow youth or adul creational groups to use the facility to play basketball or volleybal urnaments or leagues. hairman Hawkins asked how Condition 6 could be worded. r. Tomlinson answered that it is not a deal- breaker. If we could have I Aity to allow something of that nature, we would like to be able to do so. lim Bickel of Bickel Underwood Architects, architect for the projec suggested some language in Condition 6 dealing with the restriction o enting of the facility to outside entities. If the Church had the opportunity t( et particular groups use it, they would prefer that. Condition 16, he agree( hat it should include the gymnasium and change in square footage t( ?6,412; Condition 27, the intent is to use non - operable dual pane( nsulating windows with an R -19 rating. The building is sited to have the Gymnasium towards Jamboree Road side with the classrooms toward, 3ison side. Plans will be subject to review by the various City departments. the architecture is an eclectic mixture of designs and the intent is to pul hem all together. The Construction Management Plan included in the eport was created by a general contractor that we have worked witl )efore. Staff suggested that this plan be in the report as a prototype. We mn not say for sure that KBI will be the general contractor for this project. Ne told them to make this plan generic and we feel we can be in substantia :onformance with it. This can be part of the conditions, but with the stipulation that the Commission realizes it is a prototype and once a ;ontractor is selected, there may be slight variations. He added they wouk ike to submit a haul plan and an updated construction management plan a he time the permits are pulled, which must be approved by staff. r Hillgren asked if staff had reviewed the Plan. Alford noted staff has reviewed it and the applicant has indicated this Page 3 of 8 http: / /www.city.newport- beach. ca. us /PlnAgendas /2007 /mnO9- 06- 07.htm 01/29/2008 5 Planning Commission Minutes 09/06/2007 template that will serve as a guide. Bickel noted the primary concern of the Construction Management Plan the parking and staging area of the construction operations would not grsely affect our on -site or on- street parking. comment was closed. nmissioner Hillgren asked about the square footage as approved before latest General Plan. Or. Alford answered that it goes back to the 1988 Land Use Element and it vas intended to reflect the existing development that did not consider iltimate approvals of the Master Plan. That number was simply carried over nto the new General Plan. If it was an oversight, it was carried over to the -and Use Element that was adopted in November 2006. The development vill be added to the accumulated effect over a ten -year period per Charter Section 423. Discussion continued on additional square footage ievelopment and the need for public vote. Harp, at Commissioner Hillgren's questions, commented that the gorical exemption that was used is appropriate in this circumstance as exemption is made for schools. an Hawkins noted his concern for a potential need to analyze, from perspective such as an initial study or an EIR, the potential affects of this project. Alford noted it is a question of enrollment and capacity and we believe there are adequate conditions within the Use Permit to assure that rictions are not exceeded to limit the categorical exemption. Lepo added that during any construction phase of a project there will be air quality impact. The AQMD rules will be adhered to by watering the etc. and will be enforced on this project. The proposed traffic has not ped the Traffic Phasing Ordinance threshold. Peotter noted the following changes to conditions: 5 - delete. 6 - modify. 7 - changed to read, "The gymnasium shall not be used purposes concurrently with services performed in 8 - delete 9 - delete, as they have to meet the Noise Ordinance restrictions. mer Hillgren agreed with editing Condition 5, agrees to delete; 6; Condition 7, limited to their parking; Condition 8 agrees to Page 4 of 8 http: / /www.city.newport- beach. ca. us /PlnAgendas/2007 /mn09- 06- 07.htm 01/29/2008 . q 6 Planning Commission Minutes 09/06/2007 mmissioner Toerge noted the Use Permit runs with the land so the ;ussion of what church is there is irrelevant as it could be replaced with orge County Weekly Church in which case there might be objections to se things. He is not prepared to make these significant changes It uld be reasonable to all to use the gymnasium for events where there is profit motive. The applicant has indicated he agrees to these conditions t have been prepared by staff. McDaniel noted he agrees with Commissioner Hillgren's Cole noted he agrees with Commissioner Peotter's ommissioner Eaton noted he would not change the previously imposed mditions but agrees with broadening Conditions 6 and 7. hairman Hawkins noted he agrees with Commissioner Toerge. These are it idle conditions. Condition 5 is an original one and they have been )erating under it for many years. He proposed to leave 5. There is a ajority to modify Condition 6 to allow flexibility with a no rent provision. ondition 7, 8 and 9 have general agreement with the edits. r. Lepo noted Conditions 5, 8 and 9 were carried over from the existing se permit. If you don't want those, then just delete them. Condition 6 )uld be re- worded. Condition 7 should remain in as problems could occur, was suggested to leave. r. Harp noted Condition 6 should include wording such as payment, rent oration. He reiterated that these Conditions do run with the land. mmissioner Peotter suggested Condition 6 to read, "Use of mnasium shall be limited to church and school sponsored ev d community events where no rent, payment or donation is cha, received." The Commission agreed. on was made by Commissioner Peotter and seconded imissioner Hillgren to approve staffs recommendations as prese the changes to Conditions, 5, 6, 7, 8 and 9. Peotter then proposed an amendment to: itions 11, 12, 14 and 15 to be deleted. ition 16 add the word, gymnasium, and correct the square footage. ition 17 to be deleted. 19 remove, landscape materials. r. Lepo noted Condition 14 should be left in as it has proven to be iccessful in other uses. Page 5 of 8 http: / /www.city.newport- beach. ca. us /PlnAgendas/2007 /nmO9- 06- 07.htm 01/29/2008 �I Planning Commission Minutes 09/06/2007 Page 6 of 8 Eaton noted he could not support the deletion of Condition 3 :ommissioner Cole noted he agrees with the deletion of Conditions 11, 12, 7 and 19. Leave Condition 14 in. ;loner McDaniel noted he agrees with Condition 19, and no to Conditions 11, 12, 14 and 15. nmissioner Toerge noted that due to these proposed changes to the editions, he will not be supportive of the project. It doesn't seem fair to applicant, and staff has spent weeks putting these together. There may some redundancies, but that isn't always bad. The applicant has ewed and accepted these conditions. iissioner Hillgren noted Conditions 11, 12 and 14 should be left in as this approval will run with the land. He agrees with the proposed as to Conditions 16, 17 and 19. man Hawkins noted he wants to keep Condition 11, 12 and 14. He not support striking 17 as it is essential to making the environmental was agreed to leave in Conditions 15 and 17 and change Condition 19 missioner Peotter modified his motion to include: modify Conditions 16 19 as discussed. er McDaniel noted that a lot of changes are not going to be met mer Peotter suggested Condition 26 be changed to have the engineer review the drawings rather than do an after construction er McDaniel stated he is against this. issioner Hillgren noted he is not supportive of having the applicant money if he doesn't have to. issioner Eaton suggested changing Condition 55 to include the ed construction management plan to include a clause, ...and shall e a provision that heavy trucks shall avoid the use of Jamboree between University Drive and Ford Road:' There was general isus to include this. nmissioner Peotter noted Condition 27 delete all but the first tence. There was general consensus. Condition 29, remove 'regarding self closing gate'; Condition 32, delete hours. http: / /www.city.newport- beach. ca. us /PlnAgendas/2007 /mnO9- 06- 07.htm 01/29/2008 0 Planning Commission Minutes 09/06/2007 Page 7 of 8 Lepo added that Condition 29 is required by the Zoning OrdinE rding the self closing gates. Commissioner Peotter withdrew rman Hawkins noted that Condition 32 should remain in. itute Motion was made by Commissioner Toerge and seconded iissioner Eaton that the Planning Commission approve General P iment No. 2006 -004, Planned Community Development P iment No. 2006 -003 and amendment to Use Permit No. 1726 with ng corrections to the Conditions. ition 6 - allow for the use of the gymnasium except for instances w is rent, compensation or donations in consideration of the use of ition 16 - include the word gymnasium and change the sqi le to 26,412. (it was determined that 25,962 square footage is :t number as it reflects the proposed building at 31,722 minus sed demolition of 5,760 square feet) ition 19 - eliminate landscape materials. ition 55 - pursuant to the suggestion by Commissioner Eaton. i Hawkins asked the applicant if they accept these to the conditions. r. Tomlinson answered he agrees to the substitute motion with the >ndition changes. ote on the Substitute Motion. yes:- Eaton, Hawkins and Toerge oes: Peotter, Cole, McDaniel and Hillgren bstain: I None Peotter re- stated the original motion. recommendation including the following: ition 5 - delete. ition 6 - modify to include where no rent, payment or donation is qed or received." ition 7 to read, "The gymnasium shall not be used for assembly oses concurrently with services performed in the sanctuary." ition 8 - delete. ition 9 - delete. 16 add the word, gymnasium, and correct the square footage. 19 remove, landscape materials. 27 to read, "That applicable State standards for interic n noise shall be met" added the additional change to Condition 55 to include, and shall ude a provision that heavy trucks shall avoid the use of Jamboree http: / /www.city.newport- beach. ca. us /PlnAgendas /2007 /mn09- 06- 07.htm 01/29/2008 `9 Planning Commission Minutes 09/06/2007 Page 8 of 8 between University Drive and Ford Road." was seconded by Commissioner McDaniel. and Eaton and Toerge http: / /www.city.newport- beach. ca. us /PlnAgendas /2007 /nmO9- 06- 07.htm �b0 01/29/2008 ATTACHMENT 6 Airport Land Use Commission Consistency Letter )b► ORANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 December 28, 2007 Jaime Murillo, Associate Planner City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 TJ A [6.. Subject: Liberty Baptist Church Scl °Expansion Projec "t Dear Mr. Murillo: , During its Regular for Orange County seconded, and carri proposed Liberty 0 Consistent with the Airport. RECEIVED BY PLANNING DEPARTP IFu. ' JAN 0 2' ': -' CITY OF NEWPORT of December 20, 2007 the Airport Land Use ( ed the subject project. The matter was duly di .nously by the Commission to find the City of Please contact A,UC sthff( additional inforr6ation or have Sincerely,¢" ari A. Rigom R {r, , Executive Officersw mission (ALUC) Agd, moved, vp4rt Beach gozito be for Jahn Wayne if tou require ool