HomeMy WebLinkAboutC-3152 - Development Agreement No. 10 (798 Dover Drive - Newport Harbor Lutheran Church)CHICAGO TITLE COMPANY,
Recording Requested by and
when Recorded Return to:
City Clerk
City of Newport Beach
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA, 92658-1768
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
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DEVELOPMENT AGREEMENT NO. 10
BETWEEN THE CITY OF NEWPORT BEACH
AND
NEWPORT HARBOR LUTHERAN CHURCH
Ordinance No. 97-22
Approved June 23, 1997
This Development Agreement is entered into between the City of Newport Beach
(City) and the Newport Harbor Lutheran Church (Church).
1. RECITALS
1.1 Purpose of Agreement. This Agreement is intended to:
a. Grant vested development rights to Church for the expansion of its
facilities and uses on Church Property;
b. Provide for Church's conveyance to City of approximately .65 acres of
Church Property for use as a public parking facility to serve Bob Henry
Park and the Castaways Park in consideration of City's conveyance to
Church of at least .65 acres of City Property;
C. Provide for the construction of parking areas and other improvements on
Church Property to, among other things, replace existing parking spaces
located on the property conveyed to City, restore or replace other Church
improvements impacted by City's project and/or in consideration for the
exchange of property.
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d. Provide public benefits to City and its residents by facilitating the
conveyance of Church Property which, when improved, will provide
parking for, and access to, Bob Henry Park and Castaways Park.
e. Document the understandings pursuant to which City and Church shall
work cooperatively to assure that the respective development plans of both
Parties are compatible with the objectives and interests of the other.
1.2 Authorization. This Agreement is authorized by, and is consistent with, the
provisions of Section 65864 et seg. of the Government Code of the State of
California, and Chapter 15.45 of the Newport Beach Municipal Code.
1.3 Interests of Church. Church is the legal and /or equitable owner of approximately
3.0 acres of real property located in City and more particularly described in
Exhibit "A ".
1.4 Planning Commission /City Council Hearings. The Planning Commission, after
giving appropriate notice, held public hearings to consider this Agreement on
June 23, 1997. The City Council conducted public hearings on this Agreement on
June 23, 1997.
1.5 Consistency. This Agreement is consistent with the various elements of the
Newport Beach General Plan, and other applicable ordinances, plans, and
policies of City. This Agreement is also consistent with the purpose and intent of
State and local laws authorizing development agreements in that this Agreement:
(a) provides significant public benefits (as more fully described in Section 1.6); (b)
provides certainty relative to Church's expansion of facilities on its Property; (c)
reduces the economic cost of development by Church and reduces the cost to
City of acquiring Church -owned property and constructing public improvements;
(d) provides assurance to Church that it may proceed with expansion of its
facilities in accordance with Existing General Regulations and the Terms of this
Agreement and; (e) provides assurance to adjoining property owners that future
development and expansion of Church facilities will occur in accordance with the
Terms of this Development Agreement.
1.6 Public Benefits: The City Council finds that this Agreement provides significant
public benefits including the following:
a. The Property transfer provisions of this Agreement will facilitate
construction of the City Project and enable City to provide easier access
to, and more parking for, Castaways Park and Bob Henry Park;
b. The Property transfer provisions of this Agreement will enable City to
protect an area of open space adjacent to Dover Drive;
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C. The potential to further increase parking for Bob Henry Park and parking
for Church members through the mutual use of parking facilities subject to
further agreement of the Parties
1.7 Police Power. City Council has determined that this Agreement is in the best
interests of the health, safety and general welfare of City, its residents and the
public, was entered into pursuant to, and represents a valid exercise of, City's
police power, and has been approved in accordance with the provisions of State
and local law that establish procedures for the approval of development
agreements.
1.8 City Ordinance. On June 23, 1997, the City Council approved this Agreement
and conducted the first reading of Ordinance No. 97 -22 approving and
authorizing City to enter into this Agreement (the "Adopting Ordinance"). On
.June 23, 1997, the City Council completed adoption of the Adopting Ordinance.
The Adopting Ordinance became effective on July 23, 1997.
2.
2.1 "Adopting Ordinance" refers to City Ordinance No. 97 -22 adopted by the City
Council on June 23, 1997, authorizing City to enter into this Agreement.
2.2 "Agreement" refers to this "Development Agreement between the City of Newport
Beach and Newport Harbor Lutheran Church." This Agreement is also identified
by City as City's Development Agreement No. 10.
2.3 "Annual Review" refers to the review of good faith in compliance by the Parties
with this Agreement as set forth in Section 6.
2A "Approval Date" shall mean July 23, 1997, the date on which the City Council
voted to approve this Agreement.
2.5 All forms of use of the verb "assign„ and the nouns "assignment" and "assignee"
shall include all contexts of hypothecations, sales, conveyances, transfers,
leases, and assignments.
2.6 "Bob Henry Park" shall mean the active recreational facility owned and
maintained by City which is located on the north side of Castaways Lane and
east of Dover Drive.
2.7 "Castaways Park" is the sixteen (16) acre parcel owned and maintained by City
and which is situated to the south of Church Property and east of Dover Drive
2.8 "CEQA" and the "CEQA Guidelines" refers to the California Environmental Quality
Act and the CEQA Guidelines promulgated by the Secretary of Resources of the
State of California.
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2.9 "Church" refers to the Newport Harbor Lutheran Church and "Church Property"
refers to the property owned by Church after the conveyances contemplated by
this Agreement are recorded.
2.10 "Gifu" refers to the City of Newport Beach, California.
2.11 "City Council" refers to the City Council of City.
2.12 "City Project" means the construction of various public improvements in the vicinity
of Church that are related to Bob Henry Park, the Castaways Park, or the
Castaways' residential project.
2.13 "Cure Period" refers to the period of time during which a Default may be cured
pursuant to Section 9.
2.14 "Day" or "Days„ refers to a calendar day, unless expressly stated to be a business
day.
2.15 "Default" refers to any material default, breach, or violation of the provisions of
this Agreement. A "City Default" refers to a Default by City, while a "Church
Default" refers to a default by Church.
2.16 "Development Permit(s)" shall mean building permits, grading permits and other
permits authorizing construction activity.
2.17 The "Effective Date" refers to the effective date of the Adopting Ordinance and is
the effective date of this Agreement.
2.18 An "Estoppel Certificate" is the document required by Section 6.5.
2.19 An "Exhibit" refers to an Exhibit to this Agreement. All Exhibits are incorporated
as a substantive part of this Agreement. The Exhibits to this Agreement are:
Exhibit "A" Description of Church -owned property prior to the transfer of property
required by this Agreement (Pre- transfer Church Property)
Exhibit "B" Planned Community Development Plan (the "Development Plan ")
Exhibit "C" Description Church Property and all improvements to be constructed
by City on Church Property pursuant to this Agreement
Exhibit "D" Description of the property to be conveyed by City to Church
Exhibit "E" Description of the property to be conveyed by Church to City
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2.20 "Existing General Regulations" shall mean those General Regulations approved
by City on or before the Approval Date (irrespective of their effective date) and
not rescinded or superseded by City action taken on or before the Approval Date.
2.21 "Future General Regulations" shall mean those General Regulations (see Section
2.22 below) adopted by City after the Approval Date.
2.22 "General Regulations" shall mean those ordinances, rules, regulations, policies,
and guidelines of City which are generally applicable to the use of land and /or
construction within City and include, the Fair Share Traffic Contribution Fee
Ordinance, the Uniform Building Code, the Uniform Fire Code, other Uniform
Codes, and water and sewer connection fee ordinances.
2.23 "General Plan" refers to City's General Plan in effect on the Approval Date, plus
all amendments to the General Plan adopted by City on or before the Approval
Date as part of the Development Plan.
2.24 "Improvements" shall mean all of the physical changes to Church Property
required by this Agreement as more specifically described in Section 5 and
depicted on Exhibit "C ".
2.25 "Includes" and all contexts and forms of the words "includes" and "including" shall
be interpreted to also state "but not limited to."
2.26 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed
of trust, sale- leaseback agreement, or other transaction under which all or a
portion of the Property, including those portions acquired by assignees, is used,
as security (a "Mortgage ") or the owner of any interest in all or any portion of the
Property under a Mortgage, including those portions acquired by assignees.
2.27 "Notice" refers to any written notice or demand between the Parties required or
permitted by this Agreement.
2.28 "Parties" refers to City and Church and a "Party" shall refer to either of the
Parties.
2.29 "Planning Commission" refers to the Planning Commission of the City of Newport
Beach.
3. VESTED RIGHTS
3.1 Vested Rights Church shall have the vested right, subject only to the conditions
specified in this Agreement, to construct a total of forty thousand (40,000) square
feet of floor area, inclusive of structures existing on Pre - Transfer Church Property
as of the Adoption Date, in accordance with the Development Plan and subject to
provisions of the Coastal Development Permit issued by the California Coastal
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Commission or its successor. Church shall also have the vested right to install
temporary buildings in the lawn area behind the sanctuary, the side lawn west of
the sanctuary and /or the preschool yard (as specified in the Development Plan) at
any time during the Term of this Agreement. Church shall also have the right to
install temporary buildings in the area specified in the Development Plan (Main
Parking Lot) prior to, and during, construction of permanent structures subject to
the following: (a) Church has provided City with proof of its ability to fund
construction of permanent structures within the area permitted by the Development
Plan and; (b) Church has filed a complete application for a building permit with City
or has received a building permit and has diligently pursued construction authorized
by the permit.
3.2 Development Plan. Church's vested right to construct the floor area authorized in
Section 3.1 is subject to compliance with the Development Plan including provisions
relating to height, location, parking spaces, the use of structures and Site Plan
Review.
3.3. Compliance with General Regulations. Church is required to comply with existing.
General Regulations. As to those Existing General Regulations which require -the
payment of fees, costs, and expenses, the applicable fee, cost, or expense shall be
waived if City is the beneficiary of the fee and has the authority to do so. Church
shall also comply with any Future General Regulation that does not impair or affect
its ability to develop Church Property in accordance with the Terms. of this
Agreement. Church shall also comply with all provisions of the Uniform Building
Code, whether adopted before or after the Approval Date, which are in effect at the
time applications for specific development permits are submitted. Church also
acknowledges and agrees that City may be required to prepare additional
environmental documentation in the future and prior to..the issuance of any
development permit, license or approval as necessary to comply with. the provisions
of the CEQA and the CEQA Guidelines.
3.4 Public Health and Safety /Uniform Codes. This Agreement does not prevent City
from adopting, and Church shall comply with, Future General Regulations
(including Uniform Building Codes and Uniform Fire Codes) which are based on
recommendations of a multi -state professional organization and become applicable
throughout City. This Agreement does not prevent City from imposing conditions
inconsistent with this Agreement on future discretionary approvals, where such
actions directly result from findings by the City Council that those actions are
necessary to avoid consequences which are injurious or detrimental to the public
health and safety so long as City does not refuse to issue or approve any
application or permit or apply to Church or Church Property any conditions or
Future General. Regulations if such action would prevent, preclude, delay, alter, or
in any way materially affect (in a manner not satisfactory to Church) the
development of Church Property in accordance with this Agreement unless and
until the City Council makes a finding that such action is the only reasonably
necessary means to correct or avoid the injurious or detrimental condition. Any
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action taken pursuant to this Section shall apply only to the extent and for the
duration necessary to correct or avoid the injurious or detrimental condition.
3.5 Coastal Act Compliance. The Property is located in the Coastal Zone of City as
defined by the California Coastal Act codified at Section 30000 et seq. of the
Public Resources Code of the State of California. Prior to commencing any
"development" on the Property, Church must obtain a Coastal Development
Permit.
4. TRANSFERS OF PROPERTY
4.1 Transfer of City Property to Church. City shall grant to Church, in fee, at least
0.65 acres of City-owned Property which is depicted and described on Exhibit
"D ". Transfer of this Property is in partial consideration of Church's commitments
pursuant to this Agreement.
4.2 Transfer of Church Property to City. Church shall grant to City, in fee, .
approximately 0.65 acres of Pre- Transfer Church Property which is depicted and
described on Exhibit "E ". Transfer of this Property is full consideration for City's
commitments pursuant to this Agreement.
5. CITY IMPROVEMENTSICOMMITMENTS
5.1 City Required Improvements. City will construct a number of improvements for
the benefit of Church,. These improvements are necessary to compensate for
the loss of parking spaces caused by implementation of the City Project and to
compensate for the difference in value, if any, between the parcels to be
exchanged by the Parties. City shall construct all of the improvements described
in this Agreement and all of the improvements depicted and described in Exhibit
"C ". In the event of any conflict between the provisions of Exhibit "C" relative to
the location of improvements, the provisions of Exhibit "C" shall prevail. In the
event of any conflict between the provisions of this Agreement and Exhibit "C"
as to any other issue, including whether a particular improvement is to be
constructed, the prevailing provision shall be the one which benefits Church to
the greatest extent. All improvements shall be constructed in conformance with
all City standards, pales and regulations.
5.2 Parking Facilities. City shall construct or reconstruct, as appropriate, a primary
parking facility on a portion of the existing Church parking lot and the major portion
of the Property to be dedicated to Church pursuant to Section 4.1 (the Main
Parking Lot). The Main Parking Lot shall consist of at least one hundred forty (140)
spaces constructed in compliance with Exhibit "C" and all applicable City
standards. City shall also construct or reconstruct, as appropriate, a secondary
parking facility which is generally located to the rear of the sanctuary in the
northeast corner of Church Property (the Secondary Parking Lot). The Secondary
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Parking Lot shall be also be constructed in compliance with Exhibit "C" and all
applicable City standards. In addition, the Main Parking Lot and the Secondary
Parking Lot will contain customary improvements including:
a. Typical parking lot pavement sections including subbase, asphalt concrete
surfacing, concrete curbs and/or gutters. A portion of the Secondary Parking
Lot will be constructed with a heavier subbase and surface (4" over 8" as
opposed to 3" over 6 ") to accommodate refuse trucks and other heavy
vehicles using the facility;
b. Parking lot striping, consistent with City and ADA requirements;
C. Landscaping of parking lot medians and barrier area with trees, shrubs and
ground cover as well as a new irrigation system for the landscaping;
d. Lighting of the Main Parking Lot, the Secondary Parking Lot, the new
walkway between the Secondary Parking Lot and the administration
building, and the periphery of these areas so that illumination is consistent
with current City standards for City owned parking lots;
e. Drainage facilities, including a subsurface drainage system for the Main
Parking Lot which will connect to City's storm drain system. The Secondary
Parking Lot shall be graded and improved to provide for surface drainage
onto Castaways Lane;
f. Grading and all site preparation necessary to the construction of the
improvements described above including, without limitation, removal of
trees, landscaping, decorative wall and appurtenances, existing parking lot
pavement, and removal as well as replacement of irrigation systems;
g. In addition to the construction and /or reconstruction of the parking facilities,
City shall construct three (3) new driveways to provide access, including
access to Church and City parking facilities from Castaways Lane. City shall
also construct certain concrete walkways and sidewalks, including ramps to
provide access from the Main Parking Lot and the Secondary Parking Lot to
existing walkways adjacent to Church building all in conformance with the
requirements of State and Federal law, including the Americans with
Disabilities Act, provided, however, City's commitment does not include any
alterations to structures or internal walkways unaffected by the construction
of improvements by City.
5.3. Other Improvements. City shall also make, or cause to be made, the following
improvements:
a. Grading and re- landscaping of the existing playground adjacent to Church's
pre - school, including the replacement of shade trees, turf, irrigation systems,
fencing (style consistent with existing material) and slope stabilization;
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b. Fencing and /or screen walls along common property lines that are
consistent with the style of link fencing at Bob Henry Park, with the fencing
on the south side of Church to contain a gate which can be used by Church
members or employees to gain access to the Castaways Park.
C. Landscaping of the area adjacent to Church /Castaways Residential
Community property line, including the removal of trees designated for
removal by Church, the installation of replacement trees, and landscaping
that provides an aesthetically pleasing area. In addition, a new irrigation
system shall be installed as necessary to service this area. Retaining
walls necessary to account for changes in grade in this area shall be
constructed on property owned or controlled by the Castaways Community
Association and /or its member(s). Retaining walls constructed on Church
Property by City shall not exceed three (3) feet in height.
d. Landscaping and irrigation of the Castaways Lane median and parking
strip in an aesthetically pleasing manner with maintenance by the City or
the Castaways Community Association.
e. Installation of a subsurface sewer lateral in the Main Parking Lot, and
extending from the terminus of the existing sewer lateral to a point
approximately twenty (20) feet south of the Council.Room and as shown in
Exhibit "C ". With the exception of this sewer lateral, City shall not be
required to install any electrical, gas, water, or other service facility on or
adjacent to Church Property, provided, however, City shall be responsible
for the relocation of the existing gas meter for Church Property to a
location acceptable to Church and Southern California Gas Company.
f. Installation of landscaping and irrigation improvements along Castaways
Lane and Dover Drive consistent with all City standards.
g. Installation of an aesthetically pleasing trash enclosure capable of
accommodating two (2) bins as well as an access pad at the southeast
end of the Secondary Parking Lot.
h. Installation of a memorial plaque in honor of Bob Henry within City right -of-
way (parkway) and a related bench with low level landscaping on Church
Property in proximity to the memorial plaque.
Construction of a retaining wall at the easterly comer of Main Parking Lot
adjacent to Lot 6 of the Castaways Residential Development as shown on
Exhibit "C'.
5.4 Other City Commitments. In addition to City improvement commitments in
Sections 5.2 and 5.3, City makes the following additional commitments to Church:
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a. City shall maintain, during the Term of this Agreement, signage, left turn
pockets, and other improvements necessary to maintain and facilitate
ingress to Church from vehicles proceeding southbound on Dover Drive
and egress for vehicles exiting Church Property and Castaways Lane to
proceed southbound on Dover Drive.
b. City shall construct identification sign walls on City property in proximity to
the new City parking lot for Castaways Park as generally depicted on
Exhibit "C ". Church shall provide City with plans and specifications for
the sign walls and shall be responsible for all maintenance. Church shall
have the right to install an additional identification sign, at Church's
expense, along Castaway Lane as specified in the Development Plan.
The size and style of the signs shall be consistent with the Development
Plan. The signs shall not be installed in a manner which is inconsistent
with the sight distance standards of City.
C. City:parking lot to be constructed west of the Main Parking Lot shall be
available for parking by members of the general public, including members
of, and visitors to, Church.
d. Except as. expressly provided in this Agreement, no dedications or
reservations of Church Property shall be required in conjunction with the
application or issuance of any permit authorizing development,
construction, use, or operation of Church Property.
e.. The exchanges of land contemplated by this Agreement will effectively
modify the boundaries of the Parcels owned by the Parties. City is
.required, at its sole cost and expense, to conduct appropriate field work
and surveys, prepare required maps, records, and documents, and
process, through and including approval and recordation by the County of
Orange, all maps, records of surveys or legal descriptions necessary to
insure that Church Property constitutes a legal parcel with an accurate
legal description. Church shall cooperate with City by, among other things,
providing requested information and necessary signatures.
6. ANNUAL REVIEW
6.1 City and Church Responsibilities. At least every twelve (12) months during the
Term, City shall review the Party's good faith substantial compliance with this
Agreement (the "Annual Review "). After the Annual Review, City's finding of
good faith compliance by Church shall be conclusive for the purposes of future
Annual Reviews or legal action between the Parties. Either Party may address
any requirements of this Agreement during the Annual Review. However, fifteen
(15) days written Notice of any requirement to be addressed shall be given to the
other Party by the requesting Party. If, at the time of the review, an issue not
previously identified in writing is required to be addressed, the review shall be
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continued for no more than sixty (60) days at the request of either Party to afford
sufficient time for analysis and preparation of a response.
6.2 Opportunity to be Heard. Church shall be permitted an opportunity to be heard
orally and in writing at any noticed public hearing or meeting relating to the
Annual Review.
6.3 Notice to Church. City shall provide Church with at least fifteen (15) days written
notice of the Annual Review. The written notice provided to Church by City shall
include a copy of any City staff report, document or exhibit proposed to be
submitted to the City Council in conjunction with the Annual Review of this
Agreement.
6.4 Review Letter.
a. After Finding of Compliance. If Church is found to be in compliance with
this Agreement after the Annual Review, City shall issue; within ten (10)
days. of Church's written request, a letter to Church stating that this
Agreement remains in effect and Church is not:in Default.
b. After Cure of Default. If Church is found to be in Default under this
Agreement at the Annual Review, but subsequently cures that Default in
the manner provided by this Agreement, City shall issue, within ten (10)
days of Church's written request, a letter to Church stating that this
Agreement remains in effect and Church is not in Default.
6.5 Estoppel Certificate. Either Party may at any time deliver a written Notice to the
other Party requesting an Estoppel certificate (the "Estoppel Certificate ") stating
the following:
a. This Agreement is in full force and effect and is a binding obligation of the
Parties.
b. This Agreement has not been amended or modified either orally or in
writing or, if so amended, identifies the amendments.
C. To the best of the signing Party's knowledge, no Default in the
performance of the requesting Party's obligations under this Agreement
exists or, if a Default does exist, the nature and amount of any Default.
d. A Party receiving a request for an Estoppel Certificate shall provide a
signed certificate to the requesting Party within thirty (30) days after receipt
of the request. The Planning Director may sign Estoppel Certificates on
behalf of City. An Estoppel Certificate may be relied on by assignees and
Mortgagees.
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6.6 Failure to Conduct Annual Review. City's failure to conduct an Annual Review
shall not constitute or be asserted by City as Church's Default or asserted by
Church as a City Default.
7. GENERAL PROVISIONS
7.1 Effective Date. This Agreement and the obligations of the Parties shall be
effective as of the Effective Date. However, this Agreement shall bind the Parties
as of the Approval Date, subject only to the Adopting Ordinance becoming
effective pursuant to California law.
7.2 Term of Agreement. The Term of this Agreement (the "Term ") shall begin on the
Effective Date and continue for twenty-five (25) years unless otherwise
terminated or modified pursuant to this Agreement.
7.3 Assignment. Church has the absolute right to assign its rights and /or delegate its
obligations under this Agreement as part of an assignment of all or a portion of
the Property. Any assignment shall be subject to the provisions. of .this .
Agreement. As long. as Church, or its parent. body, the Evangelical Lutheran .. .
Church in America, .owns any part of the Property, Church may assign the
benefits of this Agreement without delegating the obligations for the portion of the
Property assigned. If that occurs, however, the benefits assigned shall.remain
subject to the performance by Church of the corresponding obligations.
a. Where an assignment includes the delegation of the corresponding
obligations, those obligations become solely the obligations of the
assignee. If an assignee is in Default, then as to Church or any assignees
not in Default, the Default shall not constitute their Default, give grounds
for termination of their rights under this Agreement or be a basis for an
enforcement action against them.
b. Under no circumstances, shall Church be relieved of its obligations under
Section 4.2.
7.4 Amendment of Agreement. This Agreement may be amended from time to time
by the mutual consent of the Parties, or their successors in interest, but only in
the manner provided by the Government Code, the Newport Beach Municipal
Code and /or this Agreement. After any amendment, the Term "Agreement" shall
refer to the amended Agreement.
7.5 Enforcement. This Agreement is enforceable by each of the Parties and their
respective successors and assigns.
7.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
a. Expiration of the twenty-five (25) year term;
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b. Entry, after all appeals have been exhausted, of a final judgment or
issuance of a final order directing City to set aside, withdraw, or abrogate
City's approval of this Agreement; or
C. The effective date of a Party's election to terminate this Agreement as
provided in Section 9.3 of this Agreement.
8. CONFLICTS OF LAW
8.1 Conflict with State and Federal Laws and Regulations. Where State or Federal
laws or regulations prevent compliance with one or more provisions of this
Agreement, those provisions shall be modified, through revision or suspension, to
the extent necessary to comply with such State or Federal laws or regulations
and the modified Agreement shall remain in effect, subject to the following:
a. City . shall not request modification of this Agreement pursuant to this
provision unless and until the City Council makes a finding that such
modification is required (as opposed.to permitted) by State and federal
laws or regulations;
b. The modifications must be limited to those required (as opposed to
permitted) by the State or Federal laws;
C. The modified Agreement must be consistent with the State or Federal laws
or regulations required modification or suspension;
d. The intended material benefits of this Agreement must still be received by
each of the Parties after modification;
e. Neither the modification nor any applicable local, State, or Federal laws or
regulations, may render the modified Agreement impractical to enforce;
and
f. Church consents in writing to the modification.
g. Church shall have the right to seek judicial review of any proposed
modification to ensure compliance with this Section.
9. DEFAULT, REMEDIES AND TERMINATION
9.1 General Provisions. In the event of a Default (see Section 6.1), the Party alleging
a Default shall give the other Party a written Notice of Default. The Notice of
Default shall specify the nature of the alleged Default, and a reasonable manner
and sufficient period of time (not less than thirty (30) days) in which the Default
must be cured (the "Cure Period "). During the Cure Period, the Party charged
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shall not be considered in Default for the purposes of termination of this
Agreement or institution of legal proceedings. If the alleged Default is cured
within the Cure Period, then a Default shall be deemed not to exist.
9.2 Option to Institute Legal Proceedings or to Terminate. If an alleged Default is not
cured within the Cure Period, the noticing Party must give the defaulting Party a
Notice of Intent to Terminate this Agreement if that Party intends to terminate this
Agreement. Within thirty (30) days after giving of the Notice, the City Council
shall hold a public hearing in the manner set forth in Government Code Sections
65865,65867, and 65868, as amended, to consider and review the matter. This
hearing shall utilize the procedures outlined for the Annual Review in Section 6.
9.3 Notice of Termination. After the City Council hearing described in Section 9.2,
the Party alleging the Default, at its option, may give written Notice of Termination
of this Agreement to the other Party and this Agreement shall be terminated
immediately upon giving the Notice. A termination shall be valid only if good
cause exists and clear and convincing evidence was presented to the City
Council to establish the continued existence of a Default after the Cure Period.
The findings of the City Council as to the existence of a Default shall have no
weight in any legal proceeding brought to determine the existence of a Default.
The validity of any termination may be challenged pursuant to Section 11.16, in
which case the court shall render an independent judgment as to the existence of
a Default and good cause for termination. Termination may result only from a
material Default of a material provision of this Agreement.
9.4 Waiver. Failure or delay in giving Notice of Default shall not waive a Party's right
to give future Notice of the same or any other Default.
9.5 Default by Church. Subject to all other provisions of this Agreement, and after
termination of this Agreement in compliance with Sections 9.1 through 9.3, if
Church defaults, City shall have no obligation to perform any of City's obligations
under this Agreement, unless otherwise ordered by a Court of law. City's election
not to perform as permitted by this provision shall not constitute a Default.
9.6 Default by City. Subject to all other provisions of this Agreement, and after
termination of this Agreement in compliance with Sections 9.1 through 9.3, if City
Defaults, Church shall have no obligation to perform any of Church's obligations
under this Agreement, unless otherwise ordered by a Court of law. Church's
election not to perform as permitted by this provision shall not constitute a
Default.
9.7 Specific Performance. The Parties agree that the loss of any of their respective
rights under this Agreement may not be compensable by an award of monetary
damages. Therefore, except as otherwise specifically provided in this
Agreement, the remedy for a Default for each Party shall be limited to specific
performance and/or injunctive relief. This provision applies only to actions related
I ,I
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to the Parties' performance under this Agreement and does not limit the remedies
of either Party under any other provision of law.
10. ENCUMBRANCES AND RELEASES ON PROPERTY
10.1 Discretion to Encumber. Church may encumber all or any portion of Church
Property in any manner. City acknowledges that lenders providing financing may
require technical modifications to this Agreement which do not materially alter the
intent of the Parties. City agrees to meet, upon request, with Church and /or
lenders to negotiate in good faith any lender request for modification. City agrees
not unreasonably to withhold its consent to such modification, provided the
proposed modification does not materially alter the Terms and provisions of this
Agreement, the obligations imposed upon either Party, or the benefits received by
either Party.
10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and
assigns, upon written request to City, shall be entitled to receive from City written
Notice of any Church Default at the same time Church is provided with Notice
pursuant to Section 6.3.
11. MISCELLANEOUS PROVISIONS
11.1 Notices. All Notices shall be written and delivered by personal delivery (including
Federal Express and other commercial express delivery services providing
acknowledgments or receipt), registered, certified, or express mail, or telegram to
the addresses set forth below. Receipt shall be deemed complete as follows:
a. For personal delivery, upon actual receipt;
b. For registered, certified, or express mail, upon the delivery date or
attempted delivery date as shown on the return receipt; and
Notices shall be addressed as follows:
To City: City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Attention: City Attorney
Attention: Planning Director
To Church: Reverend Bill Kirlin- Hackett
Newport Harbor Lutheran Church
798 Dover Drive
Newport Beach, CA 92663
15
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President of the Church Council
Newport Harbor Lutheran Church
798 Dover Drive
Newport Beach, CA 92663
The addresses to which Notices shall be sent may be changed by giving Notice
of a new address.
11.2 Enforced Delay: Extension of Time of Performance. Neither Party shall be
deemed to be in Default where delays or non - performance are due to war,
insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills,
casualties, acts of nature, unavailability of materials, governmental restrictions
imposed or mandated by governmental entities, suspension of rights in
accordance with the existence of unforeseen circumstances, litigation, or similar
bases for excused performance. An extension of time for performance shall be
deemed granted for the period of the delay, or longer as may be mutually agreed
upon.
11.3 Severability. If any material part of this Agreement is found by a Court to be
invalid, void, or illegal, the Parties shall modify this Agreement to implement the
original intent of the Parties. These steps may include the waiver by either of the
Parties of their rights under the unenforceable provision. If, however, this
Agreement objectively cannot be modified to implement the original intent of the
Parties and the Party substantially benefited by the material provision does not
waive its rights under the unenforceable provision, this entire Agreement shall
become void. For purposes of this Section, and without excluding the possible
materiality of other provisions of this Agreement, all provisions of Sections 4 and
5 are deemed "material."
11.4 Entire Agreement. This Agreement constitutes the entire understanding and
Agreement of the Parties regarding the subject matter of this Agreement. This
Agreement supersedes all negotiations and previous agreements between the
Parties regarding that subject matter.
11.5 Waivers. All waivers of the provisions of this Agreement must be in writing and
signed by the Party making the waiver.
11.6 Incomoration of Recitals. The Recitals set forth in Section 1 are part of this
Agreement.
11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which
shall have the effect of harming or injuring the right of the other Party to receive
the benefits of this Agreement.
11.8 Covenant of Cooperation. City shall help Church obtain any permits from either
City or other public agencies which may be required for development of the
16
Property or as a result of any modifications, suspensions, or alternate courses of
action allowed by this Agreement. Church may challenge any such ordinance,
measure, moratorium, or other limitation in a court of law if it becomes necessary
to protect the development rights vested in Church Property pursuant to this
Agreement.
11.9 Further Actions and Instruments. Upon the request of either Party, the other
Party shall promptly execute, with acknowledgment or affidavit if reasonably
required, and file or record such required instruments and writings and take any
actions as may be reasonably necessary under the Terms of this Agreement or to
evidence or consummate the transactions contemplated by this Agreement.
11.10 Successors and Assigns. Subject to Section 7.3 above, the burdens of this
Agreement shall be binding upon, and the benefits of this Agreement inure to, all
successors -in- interest and assigns of the Parties.
11.11 Construction of Agreement. All language in all parts of this Agreement shall be
construed as a whole and given its fair meaning. The captions of the paragraphs
and subparagraphs are for convenience only and shall not be considered or
referred to in resolving questions of construction. This Agreement shall be
governed by the laws of the State of California. This Agreement is not intended
to impermissibly contract away the legislative and governmental functions of City,
and in particular, City's police powers or to surrender or abrogate City's
governmental powers over the Property.
11.12 Authority to Execute. The person executing this Agreement on behalf of Church
warrants and represents that he /she has the authority to do so and the authority
to bind Church to the performance of Church's obligations pursuant to
Congregational approval of this Agreement.
11.13 Consent. Any consent required by the Parties in carrying out the Terms of this
Agreement shall not unreasonably be withheld.
11.14 Effect on Title. This Agreement shall not continue as an encumbrance against
any portion of Church Property as to which this Agreement is terminated.
11.15 Recording. The City Clerk shall cause a copy of this Agreement to be executed
by City and recorded in the Official Records of Orange County no later than ten
(10) days after the Effective Date. The recordation of this Agreement is deemed
a ministerial act and the failure of City to record the Agreement as required by
this Section and Government Code Section 65868.5 does not make this
Agreement void or ineffective.
11.16 Institution of Legal Action. In addition to any other rights or remedies, either Party
may institute legal action to cure, correct, or remedy any Default, to enforce any
provision of this Agreement, to enjoin any threatened or attempted violation of
this Agreement, to recover damages for any Default, or to obtain any remedies
17
consistent with the purpose of this Agreement. Legal actions shall be instituted in
the Superior Court of the County of Orange, State of California, or in the Federal
District Court in the Central District of California.
11.17 Attorneys' Fees. In any arbitration, quasi-judicial, administrative, or judicial
proceeding between the Parties initiated with respect to this Agreement, the
prevailing party shall be entitled to reasonable attorneys' fees and all costs,
expenses, and disbursements in connection with such action.
11.18 No Third Party Beneficiaries. There are no third party beneficiaries to this
Agreement or to any provision of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed on the day and year first below written.
APPROVED AS TO FORM:
go
ity Attorney
ATTEST:
By: Grn.-n-U
City Clerk
F Acat\ag\luthera n\072997. doc
CITY OF NEWPORT BEACH,
a municipal corporation
By:
NEWPORT HARBOR
LUTHERAN CHURCH
1�
lu
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
On %��—f7 . 1997. before me. 7 ENE `"UTTER
personally appeared jtt t : A,,'
,personally known to me (or proved to me on the basis of satisfactory
evidence) to be the personfAr'whose nameK is/arm subscribed to the within instrument and
ac now a ged to me that he44@At ay executed the same in hisfl e+r authorized
capacity(ies,- and that by his/49i4their signatureKon the instrument the persons or the entity
upon behalf of which the person,*Yacted, executed the instrument.
IRENESU
R WITNESS my hand and official seal ;
U Comm. #1008878 nn
+� NOTARY PUBLIC CALIFORNIA�
Ell
ORANGE COUNTY lll��`�11jjj
.�-- l Comm. EXPIr" Nov. 11, 1897
Signature G¢
(This area for official notaries seal)
STATE OF CALIFORNIA )ss.
COUNTY OF ORANGE )
On G 1997, bef re me, acc/0� / ersonally
appeare h personally known to
me (*te
ed to me on the basis of tisfactory evidence) to be the person whose
nam/subscribed to the within instrument and acknowledged to me that
he/sexecuted the same in his/herd& authorized capacity 's , and that by
his/hsignatur (s on the instrument the person�r the entity upon behalf of
whicrson(s) acted, executed the instrument.
WITNESS my hand and official seal.y Shauna Lyn Oyler
U k Comm. #1002681 NOTARY PUBLIC CALIFORNIA)RNIn
ORANGE COUNTY 0-"Comm Expires Aug22,1997
Notary Public in andfof said Sf6te
EXHIBIT A
LEGAL DESCRIPTION
CHURCH -OWNED PROPERTY
(Prior to Transfers)
ALL THAT PORTION OF LOT 2 OF TRACT 1125, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 30, PAGES 7 AND 8 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, WHICH IS SHOWN AS PARCEL 1 ON A
PARCEL MAP FILED IN BOOK 1, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY.
IWA061 Y
NEWPORT HARBOR LUTHERAN CHURCH
Planned Community District Regulations
Ordinance No. 97 -21
Adopted June 23, 1997
Amendment No. 860
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TABLE OF CONTENTS
Page Number
Site Plan (Development Agreement Exhibit "C) ....................... ..............................3
Introduction............................................................................... ..............................4
II. Statistical Analysis ................................................................... ..............................6
III. General Notes ........................................................................... ..............................7
IV. Permitted Uses ........................................................................ .............................10
V. Development Standards .......................................................... .............................13
VI. Sign Regulations ...................................................................... .............................15
VII. Site Plan Review .........................................................:............ .............................17
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I. INTRODUCTION
Project Background
The Newport Harbor Lutheran Church (Church) is a multi -use religious and
educational facility located in the City of Newport Beach The Church has a General
Plan land use designation of Governmental, Educational and Institutional Facilities.
The City and the Church have entered into a Development Agreement which
contemplates the exchange of property between the parties which will enable the City
to provide more convenient parking for Bob Henry Park and Castaways Park. The
Development Agreement also requires the City to construct for the Church certain
facilities to replace or restore improvements located on property to be conveyed by the
Church to the City. Finally, the Development Agreement is intended to vest the
Church's right to expand their facilities to accommodate various structures, land uses
and activities as described in these Regulations. These Regulations are intended to
describe the precise condition, restrictions and limitations on the uses and structures
permitted on Church property as well as implement various provisions of the
Development Agreement. These Regulations are intended to provide detailed land use
and development standards supportive of the uses proposed in the Development
Agreement while ensuring City control over the development to ensure the project
complies with applicable ordinances, codes, Regulations and policies, and to ensure
compatibility between the project, the new residential development to the east of the
Church, Bob Henry Park and Castaways Park.
The provisions of the Development Agreement shall prevail in the event of any
conflict with the provisions of these Regulations or provisions of the Newport Beach
Municipal Code. Whenever these Regulations conflict with provisions of the Newport
Beach Municipal Code, these Regulations shall prevail. The provisions of the Newport
Beach Municipal Code shall control development of the project in the absence of
applicable Regulations or provisions in the Development Agreement.
Project Location
The Church is located within the City of Newport Beach at 798 Dover Drive. The
project is situated between the Castaways Park on the south and Bob Henry Park on
the north. The easterly boundary of the Church property abuts the Castaways
residential project.
Project Description
The Project contemplates the vesting of the Church's right to construct up to
40,000 sq. ft. of floor area with the right to install temporary facilities as specified in the
Development Agreement and these Regulations. The floor area may be utilized for any
of the uses or activities specified in the Development Agreement or these Regulations,
and such other activities as are commonly provided by religious institutions in Orange
..l
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County, subject to the restrictions in the Development Agreement and these
Regulations.
5
II. NEWPORT HARBOR LUTHERAN CHURCH STATISTICAL ANALYSIS
Use Total Sq. Footage Parking Provided
For all permitted uses 40,000 sq.ft. 163 Spaces
The 163 parking spaces provided by the Church satisfies the Zoning Code
requirements for the permitted floor area, provided the uses are consistent with those
specified in Section 1 and provisions of these Regulations.
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111. GENERAL NOTES
1. Zoning Code Applicability
Except as otherwise stated in these Regulations and subject to
consistency with the Development Agreement, the requirements of the
Newport Beach Zoning Ordinance shall apply.
2. Water Services
Water service to the Planned Community District will be provided by the
City of Newport Beach .
3. Flood Protection
Development of. the subject property will be undertaken in accordance
with the flood protection policies of the City of Newport Beach.
4. Grading
Grading and erosion control measures will be carried out within the
Planned Community as required by the Newport Beach Building and
Planning Departments.
5. Sewage Disposal
Sewage . disposal service facilities for the Planned Community will be
provided by Orange County Sanitation District No. 5.
6. Mechanical Equipment Enclosures -Noise Attenuation
Prior to issuance of a Certificate of Occupancy for any new or modified
structure, all new mechanical appurtenances (i.e. utility vaults and
emergency power generators, etc.) shall be enclosed and shall comply
with provisions of the Newport Beach Municipal Code. Noise generated
by mechanical equipment shall. be attenuated to 55 dBA at side property
lines adjacent to residential areas. The design of enclosure shall be
based upon the recommendations of a licensed engineer practicing in
acoustic, and be approved by the Building Department. All rooftop
equipment (other than vents, wind turbines, etc.) shall be architecturally
treated or screened from off -site views in a manner compatible with the
building materials prior to final building permit clearance for each new or
remodeled building. Rooftop screening and enclosures shall be subject to
the requirements of the 26/35 Height Limitation Zone.
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8. Exterior Lighting
All exterior lighting required or desired to be installed by church or City
shall be designed and maintained in such a manner as to conceal light
sources and to minimize spillage and glare to the adjacent residential
properties.
9. Refuse Collection
Outdoor refuse collection areas shall be screened from adjacent
properties and streets.
10. Outdoor Paging
Outdoor paging for the outdoor use of equipment designed to amplify the
human voice or music shall be permitted only pursuant to a Special Event
Permit.
11. Amplified Music
Amplified music played after 6:00 p.m. or before 8:00 a.m. shall be
confined within the interior of a building unless a Special Events Permit is
obtained from the City.
12. Kitchen Facility Requirements
At such time as church installs new food preparation equipment designed
and intended to serve more than employees or the occasional needs of a
small number of guests or worshippers, Church shall be subject to the
following requirements:
a. Kitchen exhaust fans are required and shall be designed to control
odors and smoke, unless otherwise approved by the Newport
Beach Building Department.
b. Washout areas shall be provided in such a way as to ensure direct
drainage into the sewer system and not into the bay or the storm
drains, unless otherwise approved by the Newport Beach Building
Department.
C. Grease interceptors shall be installed on all fixtures in any kitchen
area where grease my be introduced into the drainage systems in
accordance with the provisions of the Uniform Plumbing Code,
unless otherwise approved by the Newport Beach Building
Department and Public Works Department. Grease interceptors
L3
shall be located in such a way to be easily accessible for routine
cleaning and inspection.
13. Carillon Bells
Church shall have the right to sound Carillon Bells at the onset of church
services, during weddings, or during other special events.
0
IV. PERMITTED STRUCTURES, USES AND ACTIVITIES
A. Project Activities /Land Uses
The following activities shall be permitted as a matter of right:
Regular Worship Services - Sunday morning, afternoon and evening services
Special Worship Services - Mid -week evening services
Saturday evening services
Sunrise services
Prayer vigil services
Weddings
Funerals
Baptisms
Youth services
Interfaith services
Educational Services - Pre - school
Summer camp
Vacation bible school
After school care
Marital counseling
Community Services- Soup luncheons
Parking lot usage (special event permit required)
Meeting rooms for non - profit use
Polling place for elections
Site for non - profit fund raisers (special event
permit required) walks, runs, dinners, auctions,
etc.
The following uses shall be permitted subject to approval of the Planning Director
after a determination that the parking provided is adequate to serve demand and that
the uses will not adversely impact other land uses in the area
Educational Services - 1st thru 6th grade
Adult Education
Youth Education
Certain activities that are permitted as a matter of right require City permits or
approvals including, without limitation, special event permits, amplified sound permits,
amplified sound permits, and temporary use permits.
10
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B. Structures Permitted
The following structure shall be permitted subject to approve of the Site
Plan Review. Construction of new structures or the addition of more than fifteen
percent (15 %) of gross floor area to existing structure shall require approval of
the Planning Director pursuant to Site Plan Review.
• Sanctuary
• Parish Hall
• Chapel
• Administration
• Classrooms
• Day Care Facilities
• Pre - school
• Kindergarten
• Elementary school (grades 1-6)
• Outdoor play yards
• Commercial food preparation
• Community meeting rooms
C. Accessory Structures /Uses Permitted
Accessory structures /uses shall be limited to those activities, services and
facilities intended to serve the needs of the Newport Harbor Lutheran Church
(members, employees and guests) and the general public. The following
accessory uses and structures are permitted when customarily associated with a
permitted principal use on the same building site. Accessory structures/uses
shall include the following.
• Residential facilities for a single family, a member of which is employed by
the church
• Maintenance Facility
• Storage Facility (for play yard equipment) as specified in the Development
Agreement
• Portable buildings (classrooms, administrative offices) as specified in the
Development Agreement.
D. The following land uses and activities shall be permitted subject to
approval of the Planning Director
• Elementary School (Grades K through 6)
11
•
AA Educational Classes, substance abuse support groups, step program
groups, or similar programs or activities
12
11
11
V. NEWPORT HARBOR LUTHERAN CHURCH DEVELOPMENT
STANDARDS
1. Building Height
Building Height shall be limited to the height of the existing Sanctuary.
Building Tower and Crosses shall be permitted to exceed the Building Height
limitation but shall be limited to a maximum height of 65 feet.
2. Setback Requirements
a. Front (Dover Drive frontage)
• Ten (10) feet from the new property line between the City parking
lot and the church parking lot.
• Surface Parking setback shall be a minimum of five (5) feet.
• Fences and walls shall not exceed six (6) feet in height within the
front yard setback and shall ' comply with the requirements of
Section 4 below.
b. Side:
Twenty (20) feet from existing property line along Castaway Lane.
Landscaping, planters, walls, fencing, trellises, pergolas; parking
spaces and driveways shall be allowed within the setback area
subject to a 10 -foot height limit. Non - habitable architectural
features (e.g., trellis, awning, bay window) may encroach up to five
(5) feet into the required side yard set back.
C. Rear (Newport Harbor Lutheran Church Development)
Building setback from the rear property line shall be a minimum of
ten (10) feet from the new property line No solid fencing or walls
greater than three (3) feet in height shall be permitted within the
rear yard setback. Transparent windscreens may extend up to
eight (8) feet above grade.
3. Parking Standards
The provision of 163 parking spaces shall satisfy the provisions of these
Regulations and the Newport Beach Zoning Code.
13
• •
All parking shall be provided on site; uses shall not generate parking needs
beyond the proposed one hundred sixty three (163) spaces.
Valet and tandem valet parking shall be permitted. Operational characteristics of
any valet parking service and the location of parking areas used exclusively for valet
and /or tandem parked cars will be subject to the review and approval of the City
Development Services Manager.
The number and location of handicapped parking spaces shall be as provided on
Exhibit "C" to the Development Agreement. Handicapped parking spaces shall be
used solely for handicapped self - parking. One handicapped sign on a post and one
handicapped sign on the pavement shall be required for each handicapped space.
4. Landscaping. Walls and Fencing
Landscaping to include softscape and hardscape shall be provided in all areas
not devoted to structures, parking, driveways, and loading areas. All landscape plans,
where applicable, shall incorporate a combination of trees, shrubs, berms, fences and
planters.
A detailed landscape, irrigation,. drainage, lighting, and. signage plan .shall be
prepared (by a- landscape. architect, licensed landscaping contractor) and provided by
the City of Newport Beach as it relates to those areas included or affected by the
Development..Agreement. Plans shall be approved by Planning and General Services
Departments and .Church prior to issuance of building permits.
Landscaping provided by the City along Dover Drive shall be set back from the
property line in a manner that conforms with the sight distance standards of City (City
Standard Plan #110 -L).
5. Temporary Structures
Temporary structures may be installed in that portion of the main parking lot
northerly of the easterly prolongation of the north curb line of the emergency vehicle
access shown on Exhibit "C" and westerly of a line drawn between the west curb line of
the access to Church property from Castaways Lane and the west curb line of the
access drive to that portion of the main Church parking lot located adjacent to
Castaways Park.
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VI. SIGN REGULATIONS
The purpose of this section is to define and provide development standards for
all applicable signage located at the Newport Harbor Lutheran Church.
A. Definitions
The terms listed in this section shall apply to the sign program and have
meanings which follow:
Monument Sign: The term "Monument Sign" means any sign which is
supported by its own structure and is not part of or attached to any building and
which is intended to depict project entry or project arrival.
Sign: The term "Sign" means any
component parts which are used or
communicate information to the public.
media including their structure and
intended to be used out -of -doors to
Sign Face: The term "Sign Face" means the physical plan and/or surface upon
which the wording or images are applied.
Sign Letter:. The term "Sign Letter ". means the individual symbols used in
forming the words of a message.
Vehicle Entry Sign: 'Vehicle Entry Sign" shall. refer to a sign denoting
intersection points along Castaways Lane and which denotes access for
automobiles into the Newport Harbor Lutheran Church.
B. Permitted Signs
1. Project Identification
Signs are permitted in accordance with the Development Agreement and Exhibit
"C." In addition, Church may install two (2) vehicle entry signs on Castaways Lane at or
near the entry to the main Church parking lot. The location of the signs shall be
approved by the City Traffic Engineer to ensure adequate sight distance. The area of
each sign shall be as designated in the Development Agreement and /or Exhibit "C °.
2. Directional Signs
In additional to other signs permitted in this section, signs used to give direction
to vehicular or pedestrian traffic within the project are permitted. These directional
signs shall not contain advertising message and shall be subject to review and approval
of the City Development Services Manager.
15
• •
3. Temporary Signs
In addition to the signs permitted by the Development Agreement and these
Regulations, Church may install temporary signs, or banners in accordance with the
following schedule provided the signs or banners are attached to existing wall or
identification signs, do not exceed the size of those signs, and Church has obtained any
required permit from City:
Music class - 2 x per year for 21 days each period
Vacation Bible School - 1 x per year for 30 days
Pre - school - 2 x per year for 30 days
Kindergarten - 2 x per year for 30 days
Special Events - as approved by the City of Newport Beach
C. Sign Maintenance
Signs, together with all of their supports, braces, guys, and anchors, shall be
properly maintained with respect to appearance, structure and electrical features.
D. Restricted Sign Types
Signs visible from surrounding land uses are subject to the following special
restrictions:
No rotating, flashing, blinking or signing with animation shall be permitted. No
signs shall be permitted which initiate or resemble official traffic signs or signals. No
wind or audible signs shall be permitted.
IN
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VII. SITE PLAN REVIEW
A. Purpose
The effect of this section is to establish a Site Plan Review procedure for the
Newport Harbor Lutheran Church to ensure that the project conforms to the objectives
of the General Plan and the Development Agreement. This Site Plan Review
Procedure shall not be utilized to prevent, or unreasonably restrict, the construction of
the entitlement granted pursuant to the Development Agreement.
B. Application
Site Plan Review Approval shall be obtained prior to the issuance of a Grading
Permit or a Building Permit for any new structure, or any modification to an existing
structure which proposes an increase of fifteen percent (15 %) or more in the gross floor
area of the structure.
C. Findings
The Site Plan Review procedures contained in this section promote the health,
safety and general welfare of the community by ensuring that: .
1. Development.of Newport Harbor Lutheran Church will be consistent with the
objectives; policies and provisions of the Development Agreement.
2. Adequate parking is provided for all structures, land uses and activities on
sight.
D. Plans and Diagrams to be Submitted
The following plans and diagrams shall be submitted to the Planning
Commission for approval:
1. A Plot Plan, drawn to scale, showing. the arrangement of buildings,
driveways, pedestrian ways, off - street parking, landscaped areas, signs,
fences and walks. The plot plan shall show the location of entrances and
exits, and the direction of traffic flow into and out of off - street parking
areas, the location of each parking space, and areas for turning and
maneuvering vehicles. The Plot Plan shall indicate how utility and
drainage are to be provided.
2. A landscape plan, drawn to scale, showing the locations of existing trees
proposed to be removed and proposed to be retained; and indicating the
amount, type, and location of landscaped areas, planting beds and plant
materials with adequate provisions for irrigation.
17
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3. Grading plans
4. Scale drawings of exterior lighting showing size, location, materials,
intensity and relationship to adjacent streets and properties.
5. Architectural drawings, renderings or sketches, drawn to scale, showing
all elevations of the proposed buildings and structures as they will appear
upon completion.
6. Any other plans, diagrams, drawing or additional information necessary to
adequately consider the proposed buildings and structures as they will
appear upon completion and to determine compliance with the
Development Agreement and these Regulations.
E. Fee
Site Plan Review fees are waived.
F. Standards
1. Grading and development shall take into consideration public parks and open
space in the vicinity of the Project.
The Site Plan Review procedures= established for Newport Harbor Lutheran
Church shall be applied according to and in compliance with the following standards:
2. No structures shall be permitted in areas of potential geologic hazard
unless specific mitigation measures are adopted which will reduce
adverse impacts;
3. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, and other site features shall give proper consideration to
functional aspects of site development;
4. Development shall be consistent with specific Development Agreement
policies and objectives. shall not preclude the implementation of those
policies and objectives;
5. Development shall be physically compatible with the site, taking into
consideration to the extent feasible, site characteristics slopes, and
sensitive resources;
G. Public Hearing Notification and Planning Commission and City Council
actions shall be pursuant to Chapter 20.01070. The Site Plan Review procedures
18
established for Newport Harbor Lutheran Church shall be administered by the Planning
Director. All decisions of the Planning Director shall be final.
I-WIMI
F:\ users \pinlshared \pt \nhlc- pc2.doc
19
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EXHIBIT D
LEGAL DESCRIPTION
PROPERTY TO BE CONVEYED TO THE CHURCH
BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 94 -197, IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED
IN BOOK 287, PAGES 32 THROUGH 36 INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID
COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN
AS "NORTH 63 °41'58" WEST 308.51 FEET" FOR A PORTION OF THE NORTHEASTERLY LINE
OF SAID PARCEL 4; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 4
SOUTH 34 009'33" EAST 50.05 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE
SOUTH 26 018'02" WEST 80.23 FEET; THENCE SOUTH 65 °41'53" WEST 55.77 FEET; THENCE
NORTH 63 °41'58" WEST 106.65 FEET; THENCE NORTH 20 °4935" WEST 27.41 FEET; THENCE
NORTH 01 05828" EAST 50.65 FEET; THENCE NORTH 26 °18'02" EAST 71.00 FEET; THENCE
NORTH 63 041'58" WEST 36.00 FEET; THENCE NORTH 17025'03" WEST 4.34 FEET; THENCE
NORTH 26 018'02" EAST 9.06 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 4;
THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 63 041'58" EAST 178.46 FEET TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 25,197 SQUARE FEET, MORE OR LESS.
*SSOCIATES LDEN & LEGAL DESCRIPTION
PROPERTY TO BE CONVEYED TO THE CHURCH
CIVIL ENGINEERS— PLANNERS —LAND SURVEYORS W.O. No. 1001 -369 -1 Date 7 /17/97
18012 COWAN, SUITE 210 . IRVINE, CA 92714 Engr. D.C. Chk. D.W. Sheet 1 of 4
71{/6W4110 FAX: 6"is
DOVER DRIVE
+ N 267802' f 67026'
N 267802' f I� M526
r't %01
8023' V
5 267802' W /7/ '
SCALE:
NORTHEASTERLY
LINE Of PARCEL 4
POINT Of
1
BEGINNING Q1lp Pv'4j�
L= 47.12'
3
R
Q
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vN
a U". I
bNN
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2
1
ALDEN & —WTGH TO ACCOMPANY
LEGAL OfSGRIPTION
SSOCIATES
PROPERTY TO Bf GOMWYEO TO THE Ct"GH
18012 COW", SUM 210, 1R ME, CA 92714 W.O. No. 1001-369 -1 Date 7/17/97
(714) 880 -0110 FAX: 880 -0418 Fner_ DL—rhk. DJV- _ Shpat-2 _ of 4
N
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z
3
O
71A0'
v
2
N 267802" f
c�
z
M,
•
f
v
o,+lrj �•
5 654153'
W
J y ^�
55.77'
8023' V
5 267802' W /7/ '
SCALE:
NORTHEASTERLY
LINE Of PARCEL 4
POINT Of
1
BEGINNING Q1lp Pv'4j�
L= 47.12'
3
R
Q
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vN
a U". I
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2
1
ALDEN & —WTGH TO ACCOMPANY
LEGAL OfSGRIPTION
SSOCIATES
PROPERTY TO Bf GOMWYEO TO THE Ct"GH
18012 COW", SUM 210, 1R ME, CA 92714 W.O. No. 1001-369 -1 Date 7/17/97
(714) 880 -0110 FAX: 880 -0418 Fner_ DL—rhk. DJV- _ Shpat-2 _ of 4
0 0
EXHIBIT D
LEGAL DESCRIPTION
PROPERTY TO BE CONVEYED TO
THE CHURCH
BEING A PORTION OF AMENDED MAP NO. 1 OF TRACT 15012, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
LOT T OF SAID AMENDED MAP
CONTAINING AN AREA OF 2,396 SQUARE FEET MORE OR LESS
Sheet 3 of 4
Ti YTTTRTT P
EXHIBIT E
LEGAL DESCRIPTION
PROPERTY TO BE CONVEYED TO THE CITY
BEING A PORTION OF PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 1 PAGE 50 OF
PARCEL MAPS, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1; THENCE NORTH
26 018'02" EAST 249.81 FEET (SHOWN AS 249.65 FEET ON SAID MAP) ALONG THE
NORTHWESTERLY LINE OF SAID PARCEL 1 AND THE SOUTHEASTERLY LINE OF DOVER
DRIVE, 100.00 WIDE AS SHOWN ON SAID MAP TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 30.00 FEET; THENCE EASTERLY
ALONG SAID CURVE AND SAID PARCEL LINE 47.12 FEET THROUGH A CENTRAL ANGLE
OF 90°00'00'; THENCE SOUTH 63 141'58" EAST 131.05 FEET ALONG THE NORTHEASTERLY
LINE OF SAID PARCEL 1; THENCE LEAVING THE NORTHEAST LINE OF SAID PARCEL 1
SOUTH 26 018'02" WEST 39.00 FEET; THENCE NORTH 63 °41'58" WEST 80.00 FEET; THENCE
SOUTH 26 018'02" WEST 16.00 FEET; THENCE NORTH 63 °41'58" WEST 16.05 FEET; THENCE
SOUTH 26 018'02" WEST 97.00 FEET; THENCE SOUTH 63 °41'58" EAST 17.05 FEET; THENCE
SOUTH 26 018'02" WEST 7.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
EASTERLY, HAVING A RADIUS OF 39.00 FEET; THENCE SOUTHERLY ALONG SAID
CURVE 24.38 FEET THROUGH A CENTRAL ANGLE OF 35 04844'; THENCE SOUTH 09 °30'42"
EAST 24.78 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY,
HAVING A RADIUS OF 48.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 11.55 FEET
THROUGH A CENTRAL ANGLE OF 13 °47'13 "; THENCE SOUTH 63 °41'58" EAST 11.56 FEET;
THENCE SOUTH 26 018'02" WEST 59.00 FEET; THENCE SOUTH 63 °41'58" EAST 9.00 FEET;
THENCE SOUTH 26 018'02" WEST 8.81 FEET TO THE SOUTHWEST LINE OF SAID PARCEL 1;
THENCE ALONG SAID SOUTHWEST LINE NORTH 63 041'58" WEST 130.05 FEET TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 27,500 SQUARE FEET, MORE OR LESS.
ALDEN & LEGAL DESCRIPTION
SSOCIATES PROPERTY TO BE CONVEYED TO ,THE CITY
QVIL ENGINEERS- PLANNERS -LAND SURVEYORS W.O. No. 1001 -369 -1 Date 7 /17/97
18012 COWAN. SUITE 210. IRVINE, CA 92714 Engr. D.C. Chk. D.W. Sheet i of 2
714/66"110 FAX: 660-0418
POINT OP BEGINNING
400r Vo�
SCALE. 1' =80'
N1F18ER
r
DISTANCE
11
tic ,,
3
12
5 2678 '02' W
16DO'
13
N 634158' W
16D5'
14
5 634158' f
17D5'
L5
v
7.00'
400r Vo�
SCALE. 1' =80'
N1F18ER
DIRECTION
DISTANCE
11
5 2678'02' W
MOO*
12
5 2678 '02' W
16DO'
13
N 634158' W
16D5'
14
5 634158' f
17D5'
L5
5 2618 '02' W
7.00'
16
5 0430 42' f
24.78'
17
5 634158' E
1156'
18
5 2678 '02' W
59.00'
19
5 634158' f
9.00'
110
5 2678 '02' W
18.81,
DOVER DRIVE
+ N 267802' f 67026'
8
N 2678'02' f
&36' 48'44*
R= 3100' -,-,L5
L= 24.38' W7.00'
N 267802' f
17 L4
L6
18 r.
Lq A13' 47 '1T
R= 48.00'
D 1 =1155' 2
Q�j Vi�h0
w
0
42' 1
6
D
NAO
AN N
rn
r
L= 47.12'
ALDEN & 59TCH TO ACCOMPANY
LEGAL DESCRIPTION
SSOCIATES
PROPERTY TO BE CONVEYED TO THE CITY
16012 COWAN, SUrrB 210, ERVINB, CA 92714 W.O. No. 1001�� 9 -1 Date 7/171W7
(714) 880 -0110 FAX: 880 -0418 Engr. Qk- Chk.D.A — Sheet-l—Of 2