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HomeMy WebLinkAbout20 - Use Permit No. 3618CITY OF NEWPORT BEACH • CITY COUNCIL STAFF REPORT Agenda Item No. 20 March 9, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: James Campbell, 949 - 644 -3210, jampbell @city. newport- beach.ca.us SUBJECT: Adoption of a Resolution approving Use Permit No. 3618 INITIATED BY: APPLICANT NAME Planning Department Bay Island Club DISCUSSION The City Council reviewed and approved Use Permit No. 3618 on November 24, 1997; however, the resolution to implement this approval was never adopted. The resolution was not adopted due to the fact that the recommended action in the staff report did not mention the adoption of the draft resolution, which was attached to the report. Adoption . of the resolution is important since it contained the written findings for approval and conditions of approval that includes site developments standards and fire safety conditions. No substantive changes to the resolution have been made. The project that the Use Permit authorizes is the establishment of the Planned Residential Development permit for the existing single family homes on Bay Island. Public Notice: This item has not been noticed as a public hearing; however the item appears on the Council's agenda which has been posted in accordance with applicable law. Public hearings for this Use Permit were conducted in late 1997. The adoption of the resolution is considered a minor "housecleaning" item and officially implements the previous action of the City Council to approve Use Permit No. 3618 as intended by staff. RECOMMENDATION: Adopt the attached resolution approving Use Permit No. 3618. Prepared by: Submitted by: oe • mes W. am ell, enior Planner Patricia L. Temple, Planning Director Attachments: Excerpt of Council minutes from November 23, 1997 Council Staff Report for Use Permit No. 3618 Draft Resolution for adoption City of Newport Beach City Council Minutes November 24, 1997 Motion by Council Member Thomson to approve Use Penuit No. 3612, Traffic Study No. 112, and the acceptance of an environmental document. icil Member Debay spoke in support, of the project and said there are ways to characterize an application. She said this could be a flagship S ess and new concept and will also get rid of a vacant old disintegrating 2 re and the toxic problems. She said that Council Member Glover has e jlhard with plans for Mariner's Mile and she is not negating her erns, Nut doesn't agree with the characterization. Council Mem r Hedges offered an amendment to the motion to shorten the construction pe 'od from 24 to 12 months, however it died for lack of a second. #42, which states that al however the sign may be the Planning Director ul sign incorporates landsca to the aesthetics of the 1 sign as permitted by architectural elements in r Glover to amend the motion to add Condition ground sign shall not exceed a height of six feet, �rmitted to exceed this limit with the approval of yadetermination that the overall design of the ig nd architectural treatments which contribute !ject ind Finding #S, that the addition of a pole the Ci The applicant concurred with the sign code would detract from the to the building design. new condition on sipiage. The amendment to the inotion carried by tli�ollowing roll call vote: Ayes: Debay, Hedges, Glover, Noyes, 1VI yyor Edwards Drees: Thomson, O'Neil Absent: None Abstain: None Council Member Hedges moved to amend condition \J'lclof to the 45 mph site distance to 55 mph, however the inotion died for econd. The main inotion as amended carried b,y the following roll call v' Ayes: Thomson, Debay, O'Neil, Noyes, Mayor Edwards Noes: Hedges, Glover Absent: None Abstain: None 13. PUBLIC HEARING ON THE APPLICATION OF BAY ISLAND (BAY ISLAND CLUB, APPLICANT) FOR USE PERMIT NO. 3618 - A PLANNED RESIDENTIAL DEVELOPMENT USE PERMIT TO ESTABLISH LAND USE AND PROPERTY DEVELOPMENT REGULATIONS FOR THE BAY ISLAND COMMUNITY. • • Planning Director Temiplc e>p!:,lued :fiat this particular use permit is to establish design and develo;,meoc sc.n, lards for Qu, Bay Island area. �T'hen . the new zoning code was adopted several zoning districts were eliminated, Volume 51 - Page 516 0 City of Newport Beach City Council Minutes November 24, 1997 including the R3 District. As part of that process, the property of Bay Island was rezoned to the MFR (multi-family residential) District with a planned residential development overlay. The reason for this is that Bay Island while it is fully developed with sing'.: family dwellings is a single parcel with no subdivision in place, theref'i;rc in order io have zoning consistent with the existing development it was necessary to establish the MFR district. Staff proposed the tool of the PRD Use Permit to establish the particular development standards that would allow for and control and limit the development to single family style development so apartments can not be built in that area. The actual developntent standards were developed by an architect working for the Bay Island organization and were concurred with by the Planning Commission. Mayor Edwards opened the public ]tearing. Bill Ficker, 417 30th Sti ect. architect for Bay Island, requested that the Council approve the subject u.;c permtit. Hearing no further testimony, the public hearing was closed. Motion by Council Member Fled es to approve Use Permit No. 3618. Without objection, the motion carried by acclamation. • 1 PUBLIC HEARING TO CONSIDER THE ADOPTION OF ORDINANCE NO. 97 -38 GRANTING A NOI�TEaCLUSFJE OMDLGRCiAi SOLID WASTE COLLECTION FRANCHISE TO KEY D OSAL, INC. City Ma' zger Murphy " plained tbat dtis public heuring is pursuatt to an ordinance Ike Council adopted rc Mating non - exclusive franchising of commercial s 'd waste activities. This applicant has provided all the necessary inform oil pursuant to that ordinance and staff is re coin mettdimg adoption of the ordi ce. Mayor Edwards opened thl- ,public ]tearing Madelene Arakalian, said thatNILS company has been operating for several years in Newport Beach and quests ed whether the City has been collecting fees from there. She spoke against th *ranting of the franchise since they have operated without one for so ntauy ye s. Mr. Murphy explained that there ]tas been eilfNcemelit action taken against the applicant and staff is recommending appro since they have been outside of the law and this will bring thettt into cornplNpce with the laws. Motion by Mayor Pro Tent O'Neil to adopt Ordinance No. 7 -35 granting a Noll- Exclusive Solid Waste Franchise to Key Disposal, Inc.; d authorize approval of a subsequent franchise agreement with Key Di sal, Inc. Without objection, the mnt.ion ecu-riu,1 by acclatation. iCouncil Member Hedges said he would like to see a change to the old iman Volume 51 - Page 517 INDEX Solid Waste Franchise Ord 97 -38 (42) 3 PROJECT: SUMMARY ACTION: LEGAL DESCRIPTION ZONING DISTRICT: LAND USE DESIGNATION: OWNER Hearing Date: November 24, 1997 Agenda Item No.: 13 Staff Person: Patrick J. (714) 644- 5 REPORT TO THE MAYOR AND CITY COUNCIL t�OV 2 Q Ip' Bay Island (Bay Island Club, applicant) AP A planned residential development use permit to establish land use and property development regulations for the Bay Island community. Hold hearing; if desired, approve, modify, or deny: • Use Permit 3618 Portion of Section 34, Tract 65, Ranee IOW Multi - Family Residential (MFR) with a Planned Residential Development (PRD) Overlay. Residential Single Family Detached Bay Island Club Bay Island (UP 3618) Noveml5cr 24. 1997 Page I 11 ) CITY OF NEweORT BEACH EWPO Rr0 O4� COMMUNITY AND ECONOMIC DEVELOPMENT \ PLANNING DEPARTMENT F n U = SSoo NEWPORT BOULEVARD s ��q �orvNd NEWPORT BEACH. CA 83658 I)14) 6:N -32on: FAX (Ta) 644.3$* PROJECT: SUMMARY ACTION: LEGAL DESCRIPTION ZONING DISTRICT: LAND USE DESIGNATION: OWNER Hearing Date: November 24, 1997 Agenda Item No.: 13 Staff Person: Patrick J. (714) 644- 5 REPORT TO THE MAYOR AND CITY COUNCIL t�OV 2 Q Ip' Bay Island (Bay Island Club, applicant) AP A planned residential development use permit to establish land use and property development regulations for the Bay Island community. Hold hearing; if desired, approve, modify, or deny: • Use Permit 3618 Portion of Section 34, Tract 65, Ranee IOW Multi - Family Residential (MFR) with a Planned Residential Development (PRD) Overlay. Residential Single Family Detached Bay Island Club Bay Island (UP 3618) Noveml5cr 24. 1997 Page I 11 E VICINITY MAP Newport Bay ear rscam /f Subject Property 11 1 Y �r Use Permit 3618 Subiect Property and and SurroundingLand Uses Current Land Use: The subject property is developed with 24 single family detached residential dwelling units or sites, a caretaker residence, a tennis court, and open space. To the north: Newport Bay To the south: Newport Bay, with single family and two family residential beyond. To the east: Newport Bay To the west: Newport Bay Bay Island (UP 3618) November 24, 1997 Page 2 5 Points and Authority • Environmental Review (California Environmental Ouality Act) It has been determined that the project is categorically exempt under Class 5 (Minor alterations in Land Use Limitations). • Conformance with the General Plan/Local Coastal Plan The residential sites are designated Residential Single Family Detached and all other areas are designated Recreational and Environmental Open Space. The Residential Single Family detached land use classification is primarily for single family detached dwelling units. However, both the Land Use Element and the Local Coastal Plan allow for other forms of residential development with comparable densities. The project has a gross density of 4.6 dwelling units per acre, which is comparable with the densities of conventional single family detached subdivisions. The project is therefore consistent with the Land Use Element of the General Plan and the Local Coastal Land Use Plan. • Conformance with the Zoning Ordinance Section 20.10.020 of the Municipal Code establishes that multi - family residential dwelling units are permitted by right in the Multi- Family Residential (MFR) District. Section 2_0.56.02_0 of the Municipal Code establishes that the Planned Residential Development (PRD) Overlay District allows planned residential developments with a use permit. Project Development Characteristics Sites 925 and 926 are currently developed as one (I) dwelling unit. Site 921 is undeveloped. • 0 Bay Island (UP 3618) • 1 November 24, 1997 Page 3 0 Former R -3 Existing Proposed District MFRDistrict PRD Gross Land Area (Acres) 5.5 Dwelling Units Existing 22 Undeveloped Sites 2' Caretaker's Unit 1 TOTAL: 25 Max. Floor Area Limit 3 1.75 2.5 (Floorarea: Buildable Lot Area) Maximum Height (feet) 24- 28128 -35 24/28 24M (By right/mth use Permit) Off - Street Parking 48 48 48 Sites 925 and 926 are currently developed as one (I) dwelling unit. Site 921 is undeveloped. • 0 Bay Island (UP 3618) • 1 November 24, 1997 Page 3 0 Backeround Bay Island was classified as Restricted Multiple Family Residential (R -3) from 1936 until the R -3 District was deleted from the City's Zoning Code in 1997. Bay Island was then reclassified to the Multi- Family Residential (MFR) District with a Planned Residential Development (PRD) Overlay. The PRD Overlay was applied to Bay Island for the purpose of using a planned residential development use permit to insure that the single family detached character of the development is maintained. Planning Commission Recommendation On October 23, 1997, the Planning Commission voted unanimously to recommend approval of the proposed PRD use permit. The Planning Commission's action included a modification of the off - street parking requirements and a waiver of the requirement that the project be bounded on all sides by public streets. Analysis Bay Island is a cooperative with multiple dwelling units on a single parcel. Because of this, many of the City's conventional zoning regulations, such as setback yards and floor area limits, are not directly applicable. The proposed PRD use permit is intended to modify the base MFR District land use and property development regulations to accommodate the unique characteristics of the development. Under the proposed PRD use permit, one (1) single family dwelling is to be permitted on each building site. Setback yards would be established by delineating building sites and buildable areas on a `Building Site Map" (Attachment 92). The maximum floor area limit would be of 2.5 times the buildable site area. The maximum height would be twenty -four (24) feet with the ability to increase the height limit to twenty -eight (28) feet with the approval of the Planning Commission. These land use and property development regulations are consistent with those in the surrounding area. The Planning Commission established an off - street parking requirement of two (2) parking spaces per unit, including one (1) covered (the same that would be required if Bay Island was a conventional single family detached subdivision). To meet this requirement, Bay Island currently provides a parking structure located at 501 West Bay Avenue with forty -eight (48) off - street parking spaces (37 covered and I I uncovered). The Planning Commission also waived the requirement that the project be bounded on all sides by public streets. Obviously, this is not possible with Bay Island, so the Planning Commission . Bay Island (UP 361 S) November 24, 1997 Page 4 I waived this requirement by finding that this is consistent with standards of pedestrian and vehicular access and traffic circulation for the development and for the area in which the develop- ment is located. The Planning Commission based this finding on the fact that the project has existed as a pedestrian-only residential development for the past seventy -five years and has not negatively affected the pedestrian and vehicular system in area. The Planning Commission also found that with the standards established by the planned residential development use permit (see paragraph below), the project will have adequate pedestrian and vehicular access. The Fire and Marine Department has determined that the property does not have adequate access for emergency response and that the existing water supply system needs upgrading. To address these issues, language is included requiring that automatic fire sprinklers and a pressure regulator be installed in all new structures and in all remodels with improvements of $50,000 or more. Language has also been added stating that Bay Island will sign an agreement indemnifying the City from contamination or damage that may result if the water pressure is increased during firefighting operations. Conclusion Section 20.91.035 of the Municipal Code provides that in order to grant any use permit, it must be found that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In this particular case, based upon the analysis contained in this report, the findings for approval can be made as provided in the draft resolution (Attachment #1). Staff cannot reasonably conceive of findings for denial since the proposed use, in this particular case, conforms with the requirements of the Title 20 of the Municipal Code and does not appear to have any detrimental effect on the surrounding neighborhood. Submitted by: Prepared by: SHARON Z. WOOD PATRICK J. ALFORD Assistant City Manager Senior Planner Attachment: 1. Draft resolution. 2. Building Site Map. 3. October 23, 1997 Planning Commission staff report. 4. October 23, 1997 draft Planning Commission minutes. Bay island (UP 3618) November 24, 1997 Page 5 C] RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A PLANNED RESIDENTIAL DEVELOPMENT USE PERMIT TO ESTABLISH LAND USE AND PROPERTY DEVELOPMENT REGULATIONS FOR THE BAY ISLAND COMMUNITY [USE PERMIT 3618] WHEREAS, the Bay Island was developed as a stock cooperative prior to the establishment of City zoning regulations; and WHEREAS, a planned residential development use permit is necessary for the administration of City zoning regulations on existing and future development on Bay Island; and WHEREAS, the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Residential Single Family Detached" residential uses and that a planned residential development is a permitted use within this designation; and WHEREAS, the project is located within the Multi- Family Residential District and Planned Residential Development Overlay District, which permits multi - family residential land uses and planned residential developments; and WHEREAS, Bay Island provides off - street parking for each dwelling unit which is equal to that of the requirement for single family residential dwelling units. The off - street parking for Bay Island has shown to be adequate for many years and that the approval of the planned residential development use permit will not result in additional parking demand; and WHEREAS, the waiver of the requirement that the planned residential development be bounded on all sides by public streets will not-be inconsistent with adequate standards of pedestrian and vehicular access and traffic circulation for the development and for the area in which the develop- 0 ment is located. The project has not negatively affected the pedestrian and vehicular system in the past seventy -five years, and with the standards established by the planned residential development use k permit, the project will have adequate pedestrian and vehicular access; and WHEREAS, the approval of Use Permit No. 3618 to allow a planned residential development will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, for the following reasons: • The proposed planned residential development will not significantly alter the land use and development pattern of Bay Island. • That the PRD will allow Bay Island to continue to be developed with dwelling units, densities and property development standards which are consistent with those in the surrounding area. WHEREAS, on October 23, 1997, the Planning Commission of the City of Newport Beach held public hearings regarding Use Permit 3618; and WHEREAS, on November 24, 1997, the City Council of the City of Newport Beach held a public hearing regarding Use Permit 3618; and WHEREAS, the public was duly noticed of the public hearing; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. u 11 • THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: Use Permit 3618 is hereby approved to establish the following land use and property development. regulations for Bay Island: 1.5 Bay Island - PRD. All development shall conform to MFR District regulations unless modified by the following: 1.5.1 Setbacks and Encroachments. A. "Major Structures" shall conform to setbacks and envelopes as illustrated on Building Site Map dated 8 -15 -97 which defines the Buildable Area of these sites. B. "Minor Strictures" such as sun shades, decks, railings, stairs, etc., may encroach into the area illustrated with a maximum railing height of 42" above the main living floor. Porches and decks, roofs, etc., to serve floors above the main living floor shall be cantilevered and shall not encroach more than 5' into the front yard (bayside) or more than 4' into the rear yard (interior or "park" side). Roofs may encroach an additional 2'. 1.5.2 Gross Floor Area Gross Floor Area shall not exceed 2.5 times "buildable area." 1.5.3 Land Use Each site designated on the map of Bay Island shall permit the construction of only one single family unit. The existing caretaker's residence and the tennis court are permitted as accessory uses to the single family units. 1.5.4 Parkine A parking structure built and owned by the Bay Island Club and located on Lots 2, 3, 4, 5, 6, Block 3, East Newport Tract provides parking for 48 cars, 37 covered and I 1 uncovered. Two off - street parking spaces, including one covered, shall be maintained for each dwelling unit, including any caretaker's residences. 1.5.5 Building Height • Building height shall be 24', using the measurement of height defined in the Newport Beach Zoning Code, Chapter 20.65. This may be increased to a maximum of 28' with the approval of the Planning Commission if it is deemed compatible and consistent with the height and scale of adjacent and surrounding dwellings. 1.5.6 Nonconforming Buildings and Structures Buildings and structures made nonconforming due to the adoption of this planned residential development use permit or by ordinance changes may be continued subject to the provisions of Chapter 20.62 of the Newport Beach Zoning Code. 1.5.7 Modification PermitsNariances Modifications and variances to the property development regulations established by this planned residential development use permit or the Zoning Code may be granted under the provisions of Chapter 209; and Chapter 20.91, respectively, of the • Newport Beach Zoning Code. 1.5.8. Public Safely improvements All new structures shall be fully automatic fire sprinklered in conformance with the requirements specified by the Newport Beach Fire and Marine Department. All existing structures shall be retrofitted with automatic fire sprinklers in conformance with the requirements specified by the Newport Beach Fire and Marine Department when the valuation of any new construction or alterations exceeds $50,000. Fire sprinkler system for each residential dwelling unit shall be installed on the dwelling unit's domestic water line. It shall be installed ahead of the pressure regulator so that the fire sprinkler system will be pressurized when the 6" fire main . is pressurized. I& . Since the domestic and fire system are common, Bay Island shall sign an indemnification agreement, which is agreeable to both the Bay Island Club and the City of Newport Beach, indemnifying the City of Newport Beach for contamination or damage to individual dwelling units or the common domestic water system from pressurization of the fire line. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on March 9, 2004 , by the following vote, to wit: f. J ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR 0 RESOLUTION NO. 23 A RESOLUTION OF THE CITY COUT;CIL OF THE CITY OF NEWPORT BEACH APPROVING A PLANNED RESIDENTIAL DEVELOPMENT USE PERMIT TO ESTABLISH LAND USE AND PROPERTY DEVELOPMENT REGULATIONS FOR THE BAY ISLAND COMMUNITY [USE PERMIT 3618] WTIEREAS, the Bay Island was developed as a stock cooperative prior to the establishment of City zoning regulations; and WHEREAS, a planned residential development use permit is necessary for the administration of Cite zoning regulations on existing and future development on Bay Island; and 'W'HEREAS. the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for 'Residential Single Family Detached" residential uses and that a planned residential development is a permitted use within this designation: and WHEREAS, the project is located within the Multi- Family Residential District and Planned Residential Development Overlay District, which permits multi - family residential land uses and planned residential developments; and WHEREAS, Bay Island provides off- street parking for each dwelling unit which is equal to that of the requirement for single family residential dwelling units. The off - street parking for Bay Island has shown to be adequate for many years and that the approval of the planned residential development use permit will not result in additional parking demand; and WHEREAS, the waiver of the requirement that the planned residential development be bounded on all sides by public streets will not be inconsistent with adequate standards of pedestrian and vehicular access and traffic circulation for the development and for the area in which the develop- ment is located. The project has not negatively affected the pedestrian and vehicular system in the past seventy -five years, and with the standards established by the planned residential development use permit, the project will have adequate pedestrian and vehicular access; and WHEREAS, the approval of Use Permit No. 3618 to allow a planned residential development will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and General welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, for the following reasons: • The proposed planned residential development will not significantly alter the land use and development pattern of Bay Island. • That the PRD will allow Bay Island to continue to be developed with dwelling units, densities and property development standards which are consistent with those in the sirrounding area. WHEREAS, on October 23, 1997, the Planning Commission of the City of Newport Beach held public hearings regarding Use Permit 3618; and WHEREAS, on November 24, 1997, the Citv Council of the City of Newport Beach held a public hearing regarding Use Permit 3618; and 'WHEREAS, the public was duly noticed of the public hearing; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. THE CITY COliNCIL OF THE CITY OF NEUTORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: Use Permit 3618 is hereby approved to establish the following land use and property development.reRulations for Bav Island: 15 Bav Island - PRD. All development shall conform to MFR District regulations unless modified by the following: 1.5.1 Setbacks and Encroachments. A. "Major Structures" shall conform to setbacks and envelopes as illustrated on Building Site Map dated 8 -15 -97 which defines the Buildable Area of these sites. B. "Minor Structures" such as sun shades, decks, railings, stairs, etc., may encroach into the area illustrated with a maximum railing height of 42" above the main living floor. Porches and decks, roofs, etc., to serve floors above the main living floor shall be cantilevered and shall not encroach more than 5' into the front yard (bayside) or more than 4' into the rear yard (interior or "park" side). Roofs may encroach an additional T. 1.5 .2 Gross Floor Area Gross Floor Area shall not exceed 2.5 times "buildable area." 1.53 Land Use Each site designated on the map of Bay Island shall permit the construction of only one single family unit. The existing caretaker's residence and the tennis court are permitted as accessory uses to the single family units. 15.4 Parking A parking structure built and owned by the Ba, Island Club and located on Lots 2, =, 4, 5; 6, Block _, East Newport Tract provides parking for 48 cars, 37 covered and 11 uncovered. Two off - street parking spaces, including one covered. shall be maintained for each dwelling unit, including any caretaker's residences. 1 5.5 Building Height Building height shall be 24', using the measurement of height defined in the Newport Beach Zoning Code, Chapter 20.66. This may be increased to a maximum of 28' with the approval of the Planning Commission if it is deemed compatible and consistent with the height and scale of adjacent and surrounding dwellings. 15.6 Nonconforming Buildings andStrucnves Buildings and structures made nonconforming due to the adoption of this planned residential development use permit or by ordinance changes may be continued subject to the provisions of Chapter 20.62 of the Newport Beach Zoning Code, 1.5.7 Modification Permits;l'ariances Modifications and variances to the property development regulations established by this planned residential development use permit or the Zoning Code may be granted under the provisions of Chapter 20.93 and Chapter 20.91, respectively, of the Newport Beach Zoning Code. 1.5.5. Public Safety lmorovements All new structures shall be fully automatic fire sprinklered in conformance with the requirements specified by the Newport Beach Fire and Marine Department. All existing structures shall be retrofitted with automatic fire sprinklers in conformance with the requirements specified by the Newport Beach Fire and Marine Department when the valuation of any new construction or alterations exc °eds $50,000. Fire sprinkler system for each residential dwelling unit shall be installed on the dwelling unit's domestic water line. It shall be installed ahead of the pressure regulator so that the fire sprinkler system will be pressurized when the 6" fire main is pressurized. Since the domestic and fire system are common, Bay Island shall sign an indemnification agreement which is agreeable to both the Bay Island Club and the City of Newport Beach, indemnifying the City of Newport Beach for contamination or damage to individual dwelling units or the common domestic water system from pressurization of the fire line. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on March 9, 2004 , by the following vote, to wit: AYES, COUNCILMEMBERS Heffernan, Rosasnsky, Adams, Bromberg, Webb, Nichols, )`Mayor Ridgeway NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF - NEWPORT BEACH 1, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California. do hereby certify that the whole number of members of the City Council is seven: that the foregoing resolution, being Resolution No. 2004 -23 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council. duly and regularly held on the 9th day of March, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan. Rosansky, Adams, Bromberg, Webb. Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed the official seal of said City this 10th day of March, 2004. (Seal) City Clerk Newport Beach, California