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HomeMy WebLinkAbout20210302_Zoning Compliance Letter COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 www.newportbeachca.gov ZONING COMPLIANCE LETTER March 2, 2021 Reference No. PA2021-016 The Planning & Zoning Resource Company Attn: Jonathan Speaks 1300 S. Meridian Avenue, Suite 400 Oklahoma City, Oklahoma 73108 RE: 2500 and 1511 Baypointe Drive, Newport Beach, CA 92660 442 061 30 and 442 061 29 Dear Mr. Speaks: The above referenced properties are located within the Planned Community 5 (North Ford) Zoning District and designated as RM (Multiple Residential) within the Land Use Element of the General Plan. Section VIII (Multi-Family Residential, Area 4) of PC5 is attached which provides land use regulations and development standards for the subject properties. The abutting property to the north is located within Planned Community 42 (San Diego Creek North). The abutting property to the east is zoned OS (Open Space). The two abutting properties to the south are also located with PC5 (North Ford) and have the General Plan land use designations of RS-D (Single Unit Residential Detached Multiple Residential) and PR (Parks and Recreation). The property is abutted to the west by Planned Community 44 (Upper Newport Bay Regional Park). At the time the building permits were finaled, the building and parking requirements were in substantial conformance with the development standards of the City of Newport Beach Municipal Code. If the subject property does not comply with the current regulations, it is considered to be nonconforming and is subject to Chapter 20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal Code. Page 2 Zoning Compliance – PA2021-016 Tmplt: 08-15-176 Research of the permit and entitlement history of the property verifies that discretionary approvals were acquired from the City of Newport Beach Planning Division for development of the property. With the exception of the discretionary approvals for signs, copies of those approvals are attached. Please contact the Planning Division for further details on any discretionary application: • Modification Permit No. MD2006-022 (PA2006-040), granted February 27, 2006. To allow the installation of two “special purpose” (directional/leasing signs). • Modification No. 4462, granted July 18, 1996. To establish a sign program for the Baypointe Apartment project. • Modification No. 4374, granted November 1, 1995. To allow for the construction of two temporary leasing signs which exceed the size and height allowed by the Zoning Code. The subject property does not have any active complaints on record. For information regarding code violations, please contact the Code Enforcement Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please contact the Building Division to obtain copies of Certificates of Occupancy. For information regarding plat maps or public rights-of way, please contact the Public Works Department at (949) 644-3311. Should you have any further questions, please contact me at 949-644-3312, jperez@newportbeachca.gov. Sincerely, On behalf of Seimone Jurjis, PE, CBO, Community Development Director By: Enclosures: Aerial Map Section VIII of PC5 (North Ford) Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 3/2/2021 0 833417 - 34 - SECTION VIII MULTI-FAMILY RESIDENTIAL, AREA 4 It is the intent of Area 4 to provide multi-family residential housing and related community facilities. A. Uses Permitted 1. Apartments. 2. Condominiums. 3. Townhomes. 4. Temporary model complex and appurtenant uses. 5. Community recreational facilities. 6. Signs (as per City Code and as provided in Section VII of this Planned Community Text). 7. One architectural tower shall be permitted in the Planned Community. B. Attached Residential Standards 1. Maximum Height Limits a. The maximum height of all buildings shall be thirty-five (35) feet measured in accordance with the City of Newport Beach Municipal Code and determined from the grade approved in the site plan review and subdivision approval. b. One architectural tower shall be permitted in the Planned Community. No bells or other types of noise making devices shall be allowed in the architectural tower. Said tower shall have a maximum allowable foot print of 25 feet by 25 feet, a maximum allowable height of fifty-five (55) feet, and shall maintain the following minimum setbacks from surrounding streets: Setback from Ultimate Street Right-of-Way Line Jamboree Road 100 feet University Drive South 100 feet 2. Project Edges Project edges adjacent to University Drive South and Jamboree Road shall be enhanced with landscaped berms and undulating walls. Varying building setbacks are also encouraged to create soft project edges. In order to reduce the perception of building mass along perimeter roadways and San Diego Creek, three story building elements shall be setback a minimum of 5 feet and average 15 feet in addition to the required setback. Where three-story buildings do occur, one and two-story elements should be incorporated into the building composition in order to reduce bulk and mass. - 35 - 3. Setbacks The following minimum setbacks shall apply to all structures (not to include garden walls or fences) adjacent to streets. a. Setbacks from Streets Said setbacks shall be measured from property line. Setback from Ultimate Street Right-of-Wav Line Jamboree Road/Freeway Ramp 25' University Drive South 20' Private Streets and Drives 5' Collector Streets 15' No structures or open parking shall be permitted in setback areas from Jamboree Road, and University Drive South, or in areas that would block sight distance at major street corners and along major street curves, per City Standard Drawing 110-L unless otherwise approved by the City Traffic Engineer. b. Setbacks - Garages Garages with direct access to streets or drives may be setback either from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. c. Setbacks from Other Property Lines and Structures 1. A minimum setback of five (5) feet is required from all other property lines. 2. All main residential structures on the same lot shall be a minimum of eight (8) feet apart. This shall be measured from face of finished wall. 4. Fences, Hedges and Walls Fences shall be limited to maximum height of eight (8) feet, except within street setback areas where fences, hedges and walls shall be limited to three (3) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed, may be eight (8) feet in height. At street intersections, all fences, hedges, and walls shall conform to the requirements of City Standard Drawing 110-L, intersection line-of-sight requirement, unless otherwise approved by the City Traffic Engineer. 5. Architectural Features Architectural features, such as not limited to cornices, eaves, and wing walls may extend two and one-half (2 ½) feet into any front, side or rear yard setback. - 36 - 6. Parking A minimum of 1.87 parking spaces shall be provided per unit, including one covered space. In addition, guest parking shall be provided within the development at a minimum rate of 0.5 space per unit. Guest parking may be provided on street, in parking bays, or on driveway aprons (minimum 20' in depth), in a manner acceptable to the City Traffic Engineer. 7. Maximum Site Area Coverage The maximum building site area permitted in this PC District shall be full coverage, less required front, side and rear yards. C. Open Space The following are permitted uses within the open space/public facilities area (Area 4A): 1. Preservation and restoration of existing habitat and wetlands. 2. Passive and active public recreation facilities such as hiking, biking, scenic outlooks, picnicking and equestrian trails. 3. Biotic gardens. 4. Other uses that the Planning Commission finds compatible with the natural amenities of this parcel. 5. Transportation corridors, appurtenant facilities, arterial highways and vehicular access to the other permitted uses. 6. Utilities and water tanks. 7. Fuel modifications zones. 8. Drainage and flood control facilities. 9. Any grading necessary for the permitted uses. D. Site Plan Review 1. Purpose The effect of this section is to establish a Site Plan Review procedure for the Baypointe project to insure that the project conforms to the objectives of the General Plan. 2. Findings The Site Plan Review procedures contained in this section promote the health, safety and general welfare of the community by ensuring that: - 37 - a. Development of Baypointe will not preclude implementation of specific General Plan objectives and policies. b. The value of property is protected by preventing development characterized by inadequate and poorly planned landscaping, excessive building bulk, inappropriate placement of structures and failure to preserve where feasible natural landscape features. 3. Application Site Plan Review approval shall be obtained prior to the issuance of a Grading Permit or a Building Permit for any new structure, including fences, and the establishment of grade by the Planning Commission or the City Council in accordance with Section 20.02.026. 4. Plans and Diagrams to be Submitted The following plans and diagrams shall be submitted to the Planning commission for approval: a. 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. b. 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. c. Grading plans to ensure development properly related to the site and to surrounding properties and structures. d. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. e. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed buildings and structures as they will appear upon completion. f. Any other plans, diagrams, drawings or additional information necessary to adequately consider the proposed development and to determine compliance with the purposes of this chapter. g. A noise study prepared by a certified noise expert determining the anticipated noise levels on site and making recommendations on how noise can be mitigated to adopted City of Newport Beach noise level standards. h. A plan as to how future residents will be notified of the proposed San Joaquin Hills Transportation Corridor to be constructed near the project. - 38 - 5. Fees The applicant shall pay a fee as established by Resolution of the City Council to the City with each application for Site Plan Review under this chapter. (Ord. 1686, § 1, 1976) 6. Standards The Site Plan Review procedures established by this section shall be applied according to and in compliance with the following standards: a. Baypointe shall be graded and developed with due regard for the aesthetic qualities of the area, giving special consideration to the adjacent creeks and proximity to Upper Newport Bay. b. No structures shall be permitted in areas of potential geologic hazard unless specific mitigation measures are adopted which will reduce adverse impacts to an acceptable level, or the Planning Commission or City council, on review or appeal, finds that the benefits outweigh the adverse impacts. c. Residential development shall be permitted in areas subject to noise levels greater than 65 CNEL only where specific mitigation measures will reduce noise levels in exterior areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45 CNEL or less. d. 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. e. Development shall be consistent with specific General Plan policies and objectives, the adopted Circulation Improvement and Open Space Agreement, and shall not preclude the implementation of those policies and objectives. f. Development shall be physically compatible with the development site, taking into consideration site characteristics including, but not limited to, slopes, and sensitive resources. 7. Procedures regarding Public Hearing notification and Planning Commission and City Council actions shall be pursuant to Chapter 20.01.070.