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Home My WebLink About2004-23 - Bay Island Community Use Permit 3618RESOLUTION NO. 23 • 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- 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 PRE) 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. E THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS is FOLLOWS: SECTION 1: Use Permit 3618 is hereby approved to establish the following land use and property development. regulations for Bay Island: 1.5 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 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 Parkin • 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 I 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 20.93 and Chapter 20.91, respectively, of the Newport Beach Zoning Code. 1.5.8. Public Safetv 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. 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, COUNCIL MEMBERS Heffernan, Rosasnsky, Adams, Bromberg, Webb, Nichols, mayor Ridgeway NOES, COUNCIL MEMBERS None • ABSENT COUNCIL MEMBERS ATTEST: CITY CLERK u • 0 • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I I, 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, I 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