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Home My WebLink About13 - General Plan Amendment to Increase the Development Limit for Bay IslandQ SEW Pp�T CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report January 10, 2023 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Chelsea Crager, Senior Planner, ccrager@newportbeachca.gov PHONE: 949-644-3227 TITLE: Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan Amendment to Increase the Development Limit for Bay Island ABSTRACT: For the City Council's consideration are amendments to the General Plan, Zoning Map, and Coastal Zoning Map for Bay Island. The amendments increase the maximum development limits from 23 dwelling units to 25 dwelling units and include correcting the land use maps. The amendments were initiated by Bay Island Club, Inc., which seeks to return development rights, consistent with Use Permit No. UP3618. RECOMMENDATIONS: a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 — Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; c) Adopt Resolution No. 2023-4, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2022-001 to Change the Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087); d) Adopt Resolution No. 2023-5, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2022-003 to Change the Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087); and, e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-1, An Ordinance of the City Council of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2022-005 to Change the Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087), and pass on to second reading on January 24, 2023. 13-1 Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan Amendment to Increase the Development Limit for Bay Island January 10, 2023 Page 2 DISCUSSION: Bay Island was established over 100 years ago as a recreational club and developed as a residential island over the years. Accessed only by a pedestrian bridge, there are no vehicles allowed on the island. Accordingly, Bay Island has a long history of off -site parking that is provided in a parking garage located at 501 W. Bay Avenue. On November 24, 1997, the City Council approved Use Permit No. UP3618 (Attachment PC 2 of Attachment F). The Use Permit implemented a Planned Residential Development Overlay District, which modified the Multi -Family Residential (MFR) zoning and development regulations for Bay Island. It created a development plan that included a maximum of 25 residential units (24 single-family building sites plus one residential caretaker site) and authorized off -site parking. The purpose of Use Permit No. UP3618 is to ensure that future development maintains the single-family detached character of Bay Island. On July 25, 2006, the City Council approved Resolution No. 2006-76 adopting a comprehensive General Plan Update. With the adoption of the updated General Plan, the density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling units based on the existing number of dwellings that existed on Bay Island at the time; however, the caretaker's unit was not taken into account, nor the fact that one dwelling unit is currently constructed over two authorized building sites. Additionally, the land use map inadvertently mapped one building site with an open space designation and conversely mapped areas intended for open space as appropriate for residential use. These errors were subsequently carried over into the Zoning Code and Local Coastal Program. The following amendments are requested to be approved by the City Council to correct the errors. General Plan Amendment No. GP2022-001 — An amendment to the Land Use Element of the General Plan increasing the maximum development limit specified on Figure LU4 for Bay Island from 23 dwelling units to 25 dwelling units and correcting the associated map; Local Coastal Program Amendment No. LC2022-003 — An amendment to the Local Coastal Program Implementation Plan (Title 21) of the Newport Beach Municipal Code (NBMC) increasing the maximum development limit specified on the Coastal Zoning Map for Bay Island from 23 dwelling units to 25 dwelling units and correcting the associated map; and Zoning Code Amendment No. CA2022-005 — An amendment to the Zoning Code (Title 20) of the NBMC increasing the maximum development limit specified on the Zoning Map for Bay Island from 23 dwelling units to 25 dwelling units and correcting the associated map. 13-2 Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan Amendment to Increase the Development Limit for Bay Island January 10, 2023 Page 3 General Plan and Zonina Ma Bay Island is a single property with two General Plan Land Use designations. The building sites on the island are designated Multiple Residential Detached (RM-D) and the common areas are designated Open Space (OS). The RM-D designation is intended to provide primarily for multi -family residential development exclusively containing detached dwelling units. This General Plan amendment to the development limit and map corrections will apply to the RM-D designated building sites as reflected in the original entitlements (Exhibit B of Attachment A). The remaining portions of the island will retain the appropriate OS designation, which is intended to provide areas for a range of public and private uses to protect, maintain and enhance the community's natural resources. Similar amendments are proposed to the Zoning Map to reflect corrections to density and zoning land use designations (Exhibit B of Attachment C). Charter Section 423 (Measure S) Analysis Pursuant to City Charter Section 423 and Council Policy A-18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. The proposed General Plan Amendment is in Statistical Area D3 and there are no prior amendments approved less than 10 years ago. Table 1 below shows the increases attributable to the subject amendment, thereby demonstrating that no vote would be required. Table 1: Charter Section 423, Measure S Analysis for Statistical Area D3 Amendment Increased Density Increased Intensity Peak Hour Trip Increase AM PM GP2022-001 (PA2022- 087) 2 0 1.4 1.88 Threshold 100 40,000 100 100 Remaining 98 40,000 98.6 98.12 Vote Required? No No No No Plannina Commission Review On September 8, 2022, the Planning Commission conducted a duly noticed public hearing to consider the amendments (Attachments E and F). One public comment was submitted in opposition to the amendment (included in Attachment F). At the meeting, the Planning Commission adopted Resolution No. PC2022-023 (Attachment D) recommending approval of the amendments to City Council. 13-3 Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan Amendment to Increase the Development Limit for Bay Island January 10, 2023 Page 4 Local Coastal Plan The Multiple Residential (RM) Coastal Zoning District is intended to provide for areas appropriate for multi -unit residential developments containing attached or detached dwelling units. The project corrects an error in the maximum number of dwelling units at Bay Island and the land use designations. Portions of the island originally entitled as open space will be designated as within the Open Space (OS) Coastal Zoning District, and the portion of the island developed with the caretaker's residence will designated as RM. These updates will also be reflected in the Coastal Land Use Plan map (Exhibit C of Attachment B). Future redevelopment at Bay Island, including construction or demolition of any dwelling units would continue to require conformance with applicable RM Coastal Zoning District development and parking standards and would require discretionary approval through a coastal development permit. Approval of a coastal development permit requires consistency with all applicable sections of the Local Coastal Program, including, but not limited to, policies related to water quality, public access and views, and coastal hazards. SB18 Tribal Consultation Guidelines Pursuant to Section 65352.3 of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. Twelve tribe contacts were provided notice on June 23, 2022. One additional tribe was provided notice on September 8, 2022. Section 65352.3 of the California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. The City has received one response from Gabrieleno Band of Mission Indians — Kizh Nation, requesting a consultation. This consultation was held on September 28, 2022, stating no issues with the project as proposed. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 13-4 Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan Amendment to Increase the Development Limit for Bay Island January 10, 2023 Page 5 Class 3 exempts the construction of up to three single-family residences. The project would authorize the future development of up to two additional single-family residences at Bay Island and therefore qualifies within this exemption. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — City Council Resolution No. 2023-4 Attachment B — City Council Resolution No. 2023-5 Attachment C — City Council Ordinance No. 2023-1 Attachment D — Planning Commission Resolution No. 2022-023 Attachment E — September 8, 2022 Planning Commission Minutes Attachment F — September 8, 2022 Planning Commission Staff Report 13-5 Attachment A Resolution No. 2023-4 13-6 RESOLUTION NO. 2023- 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. GP2022-001 TO CHANGE THE DEVELOPMENT LIMIT SPECIFIED FOR BAY ISLAND FROM 23 DWELLING UNITS TO 25 MAXIMUM DWELLING UNITS (PA2022-087) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, on April 20, 2022, an application was filed by Bay Island Club, Inc., ("Applicant") with respect to Bay Island, as shown on the official map of Bay Island ("Property") which is attached hereto as Exhibit "A" and incorporated herein by reference; WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently developed with 23 single-family homes, shared open space, recreational areas, and a caretaker's unit, which currently functions as a clubhouse; WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular access; WHEREAS, on November 24, 1997, the City Council approved Use Permit No. UP3618 to implement a Planned Residential Development Overlay District, which modified the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and created a development plan authorizing a maximum of 25 residential units (24 single-family building sites plus one residential caretaker site) and off -site parking; WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future development maintains the single-family detached character of Bay Island; WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76 adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein the density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling units based on the number of dwellings that existed on Bay Island at that time; 13-7 Resolution No. 2023- Page 2 of 5 WHEREAS, the Applicant is requesting approval to correct the maximum density allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No. UP3618 ("Project"); WHEREAS, the following approvals are requested or required from the City to implement the Project: • General Plan Amendment No. GP2022-001 — An amendment to the Land Use Element of the General Plan to correct the development limit specified for Bay Island from 23 dwelling units to 25 maximum dwelling units; • Local Coastal Program Amendment No. LC2022-003 — An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC to correct the development limit specified for Bay Island from 23 dwelling units to 25 maximum dwelling units, and • Zoning Code Amendment No. CA2022-005 — An amendment to Title 20 (Planning and Zoning) of the NBMC to correct the development limit specified for Bay Island from 23 dwelling units to 25 maximum dwelling units; WHEREAS, the Property is located within the Multiple Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple Residential Detached (RM-D); WHEREAS, the Property is located within the coastal zone with a Coastal Land Use Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal Zoning District of Multiple Residential (RM), WHEREAS, the Planning Commission held a public hearing on September 8, 2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No. LC2022-003 and Zoning Code Amendment No. CA2022-005; and 13-8 Resolution No. 2023- Page 3 of 5 WHEREAS, the City Council held a public hearing on January 10, 2023 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby approves General Plan Amendment No. GP2022-001 amending the General Plan of the City of Newport Beach to correct the development limit specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units as depicted in Exhibit "B," which is attached hereto and incorporated herein by reference. This approval is contingent upon the certification of Local Coastal Program Amendment No. LC2022-003 by the California Coastal Commission. Section 2: Charter Section 423 requires voter approval of any major General Plan amendment to the General Plan. A major General Plan amendment is one that significantly increases allowed density or intensity by 40,000 square feet of non- residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from other amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding 10 years. Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that proposed amendments to the General Plan be reviewed to determine if a vote of the Newport Beach electorate would be required. This policy includes a provision that all General Plan amendments be tracked as "Prior Amendments" for 10 years to determine if minor amendments in a single Statistical Area cumulatively exceed the thresholds indicated above. Facts in Support Finding of Consistency with Charter Section 423: The Project is located within Statistical Area D3 with no general plan amendments over the last 10 years. Charter Section 423 is not triggered because the maximum number of dwelling units on Bay Island was inadvertently revised to reflect the number of dwelling units at that time as opposed to what was authorized by Use Permit No. UP3618. 13-9 Resolution No. 2023- Page 4 of 5 Additionally, even assuming the Project was not merely correcting an error, increasing the number of dwelling units by two units has no effect on the non-residential floor area and would result in an overall increase of 1.4 a.m. peak hour trips and 1.9 p.m. peak hour trips based on the residential trip rates reflected in Council Policy A-18. Since none of the three thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds General Plan Amendment No. GP2022-001 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Class 3 exempts the construction of up to three single-family residences. General Plan Amendment No. GP2022-001 would authorize the future development of up to two additional single-family residences at Bay Island and therefore qualifies within this exemption. 13-10 Resolution No. 2023- Page 5 of 5 Section 6: This resolution shall take effect upon the certification of Local Coastal Program Amendment No. LC2022-003 by the California Coastal Commission. ADOPTED this 10th day of January, 2023. Noah Blom Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaro . Harp tt City rney Attachments: Exhibit A - Bay Island Map Exhibit B - General Plan Amendment No. GP2022-001 13-11 EXHIBIT "A" Bay Island Map t Bay Island e�'�'gTEk qy� f qY 2 _t � f 3 Bay Island yNS`- ` � CFy ai Nwpr 3w�4 PA2022-087 ,f EXHIBIT A 13-12 EXHIBIT "B" General Plan Amendment No. GP2022-001 RM—D 25 du General Plan Amendment :a No. GP2022-001 • Bay Island c„,o,,,,�,tt.,,,� PA2022-087 EXHIBIT B -is lcss S.pearin.r 13-13 Attachment 6 Resolution No. 2023-5 13-14 RESOLUTION NO. 2023- 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2022-003 TO CHANGE THE DEVELOPMENT LIMIT SPECIFIED FOR BAY ISLAND FROM 23 DWELLING UNITS TO 25 MAXIMUM DWELLING UNITS (PA2022-087) WHEREAS, as set forth in Section 30500 of the California Public Resources Code, the California Coastal Act requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction, WHEREAS, on April 20, 2022, an application was filed by Bay Island Club, Inc., ("Applicant") with respect to Bay Island, as shown on the official map of Bay Island ("Property") which is attached here as Exhibit "A" and incorporated herein by reference; WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently developed with 23 single-family homes, shared open space, recreational areas, and a caretaker's unit, which currently functions as a clubhouse; WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular access; WHEREAS, on November 24, 1997, the City Council approved Use Permit No. UP3618 to implement a Planned Residential Development Overlay District, which modified the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and created a development plan that authorized a maximum of 25 residential units (24 single- family building sites plus one residential caretaker site) and off -site parking, WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future development maintains the single-family detached character of Bay Island; WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76 adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein the density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling units based on the number of dwellings that existed on Bay Island at that time; WHEREAS, on November 22, 2016, the City Council adopted Ordinance No. 2016-19, adding Title 21 (Local Coastal Program Implementation Plan) to the Newport Beach Municipal Code ("NBMC") with the maximum density of 23 residential dwelling units inadvertently carried over to Title 21; 13-15 Resolution No. 2023- Page 2 of 4 WHEREAS, the Applicant is requesting approval to correct the maximum density allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No. UP3618 ("Project"); WHEREAS, the following approvals are requested or required from the City of Newport Beach ("City") to implement the Project: • General Plan Amendment No. GP2022-001 — An amendment to the Land Use Element of the General Plan to correct the development limit specified for Bay Island from 23 dwelling units to 25 maximum dwelling units; • Local Coastal Program Amendment No. LC2022-003 — An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC to correct the development limit specified for Bay Island from 23 dwelling units to 25 maximum dwelling units; and • Zoning Code Amendment No. CA2022-005 — An amendment to Title 20 (Planning and Zoning) of the NBMC to correct the development limit specified for Bay Island from 23 dwelling units to 25 maximum dwelling units; WHEREAS, the Property is located within the Multiple Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple Residential Detached (RM-D); WHEREAS, the Property is located within the coastal zone with a Coastal Land Use Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal Zoning District of Multiple Residential (RM); WHEREAS, pursuant to Section 13515 of the California Code of Regulations, Title 14, Division 5.5, Chapter 8 ("Section 13515"), drafts of Local Coastal Program Amendment No. LC2022-003 were made available and a Notice of Availability was distributed a minimum of six weeks prior the City Council public hearing, WHEREAS, the Planning Commission held a public hearing on September 8, 2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; 13-16 Resolution No. 2023- Page 3 of 4 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No. LC2022-003 and Zoning Code Amendment No. CA2022-005; and WHEREAS, the City Council held a public hearing on January 10, 2023 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act, Section 13515 and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby authorizes staff to submit Local Coastal Program Amendment No. LC2022-003 to the California Coastal Commission for review and approval as set forth in Exhibits "B" and "C," which are attached hereto and incorporated herein by reference. Section 2: Local Coastal Program Amendment No. LC2022-003 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach. Section 3: Local Coastal Program Land Use Plan and Title 21 (Local Coastal Program Implementation Plan), including Local Coastal Program Amendment No. LC2022-003, will be carried out fully in conformity with the California Coastal Act. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 13-17 Resolution No. 2023- Page 4 of 4 Section 6: Local Coastal Program Amendment No. LC2022-003 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Class 3 exempts the construction of up to three single-family residences. Local Coastal Program Amendment No. LC2022-003 would authorize the future development of up to two additional single-family residences at Bay Island and therefore qualifies within this exemption. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10t' day of January, 2023. Noah Blom Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron . Harp City A orney Attachments: Exhibit A - Bay Island Map Exhibit B - Local Coastal Program Amendment No. LC2022-003 Amending Title 21 of the NBMC Exhibit C - Local Coastal Program Amendment No. LC2022-003 Amending the Coastal Land Use Plan 13-18 EXHIBIT "A" Bay Island Map '00-4 Bay Island E i f r { 4T v Bay Island NH ! PA2022-08! CMd W-d.ndi Cgs p[*.Alor .f E X H I B I i A S.p .n6.r 24, :tSY2 13-19 EXHIBIT "B" Local Coastal Program Amendment No. LC2022-003 Amending Title 21 of the NBMC RM 25 du Local Coastal Program Amendment No. LC2022-003 Bay Island PA2022-087 EXHIBIT B NE Gt5 �imkn Saol+moe+:9, :C_ 13-20 N EXHIBIT "C" Local Coastal Program Amendment No. LC2022-003 Amending the Coastal Land Use Plan RM-C 4 1 4�_,Zv Q�= Local Coastal Program Amendment w' No. LC2022-003 (CLUP) NEGic, ■ Bay Island ley tr 'J.rAa'• i�oca PA2022-087 EXHIBIT C-�5M�1,:9 13-21 Attachment C Ordinance No. 2023-1 13-22 ORDINANCE NO. 2023-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING ZONING CODE AMENDMENT NO. CA2022-005 TO CHANGE THE DEVELOPMENT LIMIT SPECIFIED FOR BAY ISLAND FROM 23 DWELLING UNITS TO 25 MAXIMUM DWELLING UNITS (PA2022-087) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, on April 20, 2022, an application was filed by Bay Island Club, Inc., ("Applicant") with respect to Bay Island, as shown on the official map of Bay Island ("Property") which is attached hereto as Exhibit "A" and incorporated herein by reference; WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently developed with 23 single-family homes, shared open space, recreational areas, and a caretaker's unit, which currently functions as a clubhouse; WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular access; WHEREAS, on November 24, 1997, the City Council approved Use Permit No. UP3618 to implement a Planned Residential Development Overlay District, which modified the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and created a development plan authorizing a maximum of 25 residential units (24 single- family building sites plus one residential caretaker site) and off -site parking; WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future development maintains the single-family detached character of Bay Island; WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76 adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein the density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling units based on the number of dwellings that existed on Bay Island at that time; 13-23 Ordinance No. 2023- Page 2 of 5 WHEREAS, on October 25, 2010, the City Council adopted a comprehensive update to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC") which inadvertently set the maximum density of Bay Island to 23 residential dwelling units; WHEREAS, the Applicant is requesting approval to correct the maximum density allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No. UP3618 ("Project"); WHEREAS, the following approvals are requested or required from the City to implement the Project: • General Plan Amendment No. GP2022-001 — An amendment to the Land Use Element of the General Plan to correct the development limit specified for Bay Island from 23 dwelling units to 25 maximum dwelling units; • Local Coastal Program Amendment No. LC2022-003 — An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC to correct the development limit specified for Bay Island from 23 dwelling units to 25 maximum dwelling units; and • Zoning Code Amendment No. CA2022-005 —An amendment to Title 20 (Planning and Zoning) of the NBMC to correct the development limit specified for Bay Island from 23 dwelling units to 25 maximum dwelling units; WHEREAS, the Property is located within the Multiple Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple Residential Detached (RM-D); WHEREAS, the Property is located within the coastal zone with a Coastal Land Use Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal Zoning District of Multiple Residential (RM); WHEREAS, the Planning Commission held a public hearing on September 8, 2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 of seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; 13-24 Ordinance No. 2023- Page 3 of 5 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No. LC2022-003 and Zoning Code Amendment No. CA2022-005, and WHEREAS, the City Council held a public hearing on January 10, 2023 in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows.. Section 1: The City Council hereby approves Zoning Code Amendment No. CA2022-005 to correct the development limit specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units, as depicted in Exhibit "B" which is attached hereto and incorporated herein. This approval is contingent upon the certification of Local Coastal Program Amendment No. LC2022-003 by the California Coastal Commission. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 13-25 Ordinance No. 2023- Page 4 of 5 Section 4: The City Council finds Zoning Code Amendment No. CA2022-005 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Class 3 exempts the construction of up to three single-family residences. Zoning Code Amendment No. CA2022-005 would authorize the future development of up to two additional single-family residences at Bay Island and therefore qualifies within this exemption. Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. 13-26 Ordinance No. 2023- Page 5 of 5 Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. This ordinance shall take effect upon certification of Local Coastal Program Amendment No. LC2022-003 by California Coastal Commission. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of January, 2023, and adopted on the 24th day of January, 2023, by the following vote, to -wit - AYES: NAYS: ABSENT: NOAH BLOM, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 1A a==z--n -"= AARO . HARP, CITV ATTORNEY Attachments: Exhibit A - Bay Island Map Exhibit B - Zoning Code Amendment No. CA2022-005 13-27 Exhibit "A" Bay Island Map Bay Island 17 .v,�7fRarf£ � � � 1 � W 7� D 10�_. w Bay Island . NHGiS GS Cf.nls EXHIBIT A 13-28 Q 0 4 Exhibit "B" Zoning Code Amendment No. CA2022-005 ,w 4 4 RM 25 du 1�1 Qj 4 z IT /~- Zoning Code Amendment NE No. CA2022-005 Bay Island N��.� EXHIBIT B °G°"'"' PA2022-087 �.,— 29-0= 13-29 Attachment D Planning Commission Resolution No. 2022-023 13-30 RESOLUTION NO. PC2022-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2022-001, LOCAL COASTAL PROGRAM AMENDMENT NO. LC2022-003, AND ZONING CODE AMENDMENT NO. CA2022- 005, FOR BAY ISLAND (PA2022-087) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Bay Island Club, Inc., ("Applicant") with respect to Bay Island, as shown on the official map of Bay Island ("Property") as shown in Exhibit "A." 2. Bay Island is a 5.5-acre legal lot in the Newport Harbor individual building sites for single- family residences that is accessible by a gated pedestrian bridge. With the exception of golf carts, vehicles are not permitted on Bay Island. Bay Island is currently developed with 23 single-family homes and shared open space, recreational areas, and a caretaker's unit, which currently functions as a clubhouse. 3. On November 24, 1997, the City Council approved Use Permit No. UP3618 to implement a Planned Residential Development Overlay District, which modified the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and created a development plan that included a maximum of 25 residential units (24 single-family building sites plus one residential caretaker site) and authorized off -site parking. The purpose of Use Permit No. UP3618 is to ensure that future development maintains the single-family detached character of Bay Island. 4. On July 25, 2006, the City Council approved Resolution No. 2006-76 adopting a comprehensive 2006 General Plan Update ("General Plan Update"). With the adoption of the General Plan Update, the density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling units based on the number of dwellings that existed on the Bay Island at that time; however, the caretaker's unit was one dwelling that is constructed over two authorized building sites were omitted. 5. The Applicant is requesting approval to correct the maximum density allowed on Bay Island from 23 units to 25 units, consistent with Use Permit No. UP3618. The following approvals are requested or required from the City of Newport Beach ("City") to implement the project as proposed: General Plan Amendment No. GP2022-001 — An amendment to the Land Use Element of the General Plan correcting the development limit specified for Bay Island from 23 dwelling units maximum to 25 dwelling units maximum; 13-31 Planning Commission Resolution No. PC2022-023 Page 2 of 5 • Local Coastal Program Amendment No. LC2022-003 — An amendment to the Local Coastal Program Implementation Plan (Title 21) of the Newport Beach Municipal Code ("NBMC") correcting the development limit specified for Bay Island 23 dwelling units maximum to 25 dwelling units maximum; and • Zoning Code Amendment No. CA2022-005 — An amendment to the Zoning Code (Title 20) of the NBMC to correct the development limit specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units. 6. The Property is located within the Multiple Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple Residential Detached (RM-D). 7. The Property is located within the coastal zone. The Coastal Land Use Plan category is Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal Zoning District is Multiple Residential (RM). 3. A public hearing was held on September o, 2022, in i the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the construction of up to three single-family residences. The project would authorize the future development of up to two additional single-family residences at Bay Island and therefore qualifies within this exemption. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 10-18-21 13-32 Planning Commission Resolution No. PC2022-023 Paae 3 of 5 SECTION 3. REQUIRED FINDINGS. General Plan, Zonin_g Code, and Local Coastal Program Amendments 1. Amendments to the General Plan, Zoning Code, and Local Coastal Program are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. Section 8 of City Council Resolution No. 2006-76 states that General Plan texts, exhibits, figures, and plan map may be corrected without further amendment. This provision applies only to errors of fact, language consistency between elements and policies, calculations and/or scribe's errors. In this case, the Bay Island unit count was erroneously decreased by two units (from 25 to 23 units) during the 2006 General Plan update and reflected in subsequent Zoning Code and Local Coastal Program updates. 3. The correction of the proper development limits will return the maximum residential density of Bay Island to 25 units, consistent with the prior entitlement under UP3618. This will return development rights to the property owners of Bay Island. There is no proposed increase beyond prior approved entitlements. 4. The additional dwelling units will not significantly reduce increase bulk and massing of development on Bay Island, which remain subject to development standards set forth it the NBMC and UP3618. 5. The development on Bay Island would remain consistent with remaining and unchanged applicable standards of the RM Coastal Zoning District and UP3618, which set forth development standards including setbacks, height, floor area limitations, and parking standards. Charter Section 423 Pursuant to City of Newport Beach ("City") Charter Section 423 and City Council Policy A-18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. The proposed General Plan Amendment is in Statistical Area D3 and there are no prior amendments approved less than 10 years ago. The following table shows the increases attributable to the subject amendment thereby demonstrating that no vote would be required. 10-18-21 13-33 Planning Commission Resolution No. PC2022-023 Page 4 of 5 Charter Section 423, Measure S Analysis for Statistical Area D3 Amendment Increased Density Increased Intensity Peak Hour Trip Increase AM PM GP2022-001 (PA2022-087) 2 0 1.4 1.88 Threshold 100 40,000 100 100 Remaining 98 40,000 98.6 98.12 Vote Required? No No No No SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approve the following: a. General Plan Amendment No. GP2022-001 attached hereto as Exhibit "B" and incorporated herein by reference. b. Local Coastal Program Amendment No. LC2022-003 attached hereto as Exhibit "C" and incorporated herein by reference. c. Zoning Code Amendment No. CA2022-005 attached hereto as Exhibit "D" and incorporated herein by reference. 10-18-21 13-34 Planning Commission Resolution No. PC2022-023 Page 5of5 PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF SEPTEMBER, 2022. AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene, and Weigand NOES: None `�iy�«�I�R.TiTa ABSENT: Klaustermeier BY: Lauren Kleiman, Chair BY: ✓`-�2 Mark Rosene, Secretary 69 10-18-21 13-35 Attachment E Planning Commission Minute Excerpts, Dated September 8, 2022 13-36 Planning Commission Regular Meeting Minutes September 8, 2022 In response to Secretary Rosene's question, Deputy Director Campbell agreed that the plans are conceptual and noted that a plan check took place in 2016, more detailed designs have been put forth through the building division, and the applicant acknowledges an update to the drawings is needed to meet the new building code, indicated being comfortable moving forward with the recommendation, and assured the Commission that any deviations from standards in the drawings will be cleaned up at the plan check stage. Commissioner Lowrey expressed comfort with the findings by staff and explanations of what the General Plan calls for and noted the popularity of pickleball among all ages, honoring the General Plan, and providing recreational facilities. Vice Chair Ellmore concurred with Commissioner Lowrey and clarified that the project is for tennis courts. Commissioner Lowrey noted that staff will need to identify the parameter for approval relative to pickleball court development. Motion made by Commissioner Lowrey and seconded by Vice Chair Ellmore to approve the recommended action and the additional condition. AYES: Ellmore, Harris, Kleiman, Lowrey, and Rosene NOES: None ABSTAIN: Weigand ABSENT: Klaustermeier ITEM NO. 4 BAY ISLAND GENERAL PLAN, ZONING CODE, LCP AMENDMENTS (PA2022-087) Site Location: Bay Island Summary: Amendments to the General Plan, Title 20 (Planning and Zoning), and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code increasing the development limit specified for Bay Island from 23 dwelling units to 25 dwelling units. The amendments were initiated by the applicant who seeks to return the maximum residential density of Bay Island to 25 units, consistent with prior entitlement under Use Permit No. UP3618. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have significant effect on the environment; and 3. Adopt Resolution No. PC2022-023 (Attachment No. PC 1) recommending the City Council approve General Plan Amendment No. GP2022-001, Code Amendment No. CA2022-005, and Local Coastal Program Amendment No. LC2022-003. Senior Planner Crager used a presentation to review the Bay Island amendments, Bay Island map, introduction/background, updated General Plan, Zoning Code, and Local Coastal Program maps, CEQA review, recommended action, and next steps. Commissioner Weigand disclosed an island tour with Coralee Newman, Commissioners Lowrey and Vice Chair Ellmore disclosed no ex parte communications, Commissioner Harris and Secretary Rosene disclosed having spoken with the applicant, and Chair Kleiman disclosed having received a message from the applicant's consultant. Page 5 of 9 13-37 Planning Commission Regular Meeting Minutes September 8, 2022 Chair Kleiman opened the public hearing Coralee Newman, Principal with Government Solutions, agreed with the recommendations by staff and clarified that every homesite has two parking spaces in the off -site parking garage and some include a third parking spot on the property for a golf cart, indicated that no additional parking will be added, and asked for Planning Commission approval. Jim Mosher questioned the status of the dwelling unit and caretaker count, issues with current parking availability, and sufficient parking to meet current zoning code standards. Senior Planner Crager relayed that the caretaker unit is currently being used as a club house, 23 single family residences exist, 48 parking spaces in the off -site parking structure are required by the Conditional Use Permit (CUP) and do not consider the caretaker residence, and new development is subject to a Coastal Development Permit (CDP) which would include a review of parking consistency. Chair Kleiman closed the public hearing. Motion made by Secretary Rosene and seconded by Commissioner Weigand to approve the recommended action. AYES: Ellmore, Harris, Kleiman, Lowrey, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: Klaustermeier ITEM NO. 5 GENERAL PLAN CIRCULATION ELEMENT UPDATE (PA2017-141) Site Location: Citywide Summary: An amendment to the Newport Beach General Plan incorporating changes to the Circulation Element. The proposed update is a comprehensive statement of the City's transportation and mobility policies and serves as a guide for implementation of these policies. The purpose of the update is to provide new goals and policies that comply with State mandates such as Vehicle Miles Traveled (VMT) legislation and "Complete Streets" legislation. The updated goals and policies also reflect the community's vision on trending transportation matters, including electric vehicles (EV) and climate change, rideshare services, public transportation, bicycle plans, telecommuting, roadway safety, as well as parking management. Recommended Action: 1. Conduct a public hearing; 2. Find this activity exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2022-025 recommending adoption of the General Plan Circulation Element Update to the City Council (Attachment No. PC 1). Page 6 of 9 13-38 Attachment F Planning Commission Staff Report with Attachments, Dated September 8, 2022 13-39 PO CITY OF NEWPORT BEACH n PLANNING COMMISSION STAFF REPORT ' September 8, 2022 �+'z,JF:0P. Agenda Item No. 4 SUBJECT: Bay Island Amendments (PA2022-087) ■ Code Amendment No. CA2022-005 ■ General Plan Amendment and No. GP2022-001 ■ LCP Amendment No. LC2022-003 SITE LOCATION: Bay Island APPLICANT: Bay Island Club, Inc OWNER: Bay Island Club, Inc PLANNER: Chelsea Crager, Associate Planner 949-644-3227 or ccrager@newportbeachca.gov PROJECT SUMMARY Amendments to the General Plan, Zoning Map, and Coastal Zoning Map increasing the maximum development limit specified for Bay Island from 23 dwelling units to 25 dwelling units. The amendments were initiated by the applicant who seeks to return development rights, consistent with prior entitlements under Use Permit No. UP3618, to the property owners of Bay Island. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2022-023 (Attachment No. PC 1) recommending the City Council approve General Plan Amendment No. GP2022-001, Code Amendment No. CA2022-005, and Local Coastal Program Amendment No. LC2022-003. 1 13-40 2 13-41 VICINITY MAP Subject Property F w it Off Site Parking r . � � •• ' na � �Cs "^ 5",,� i r`� _ ,tom :._✓ GENERAL PLAN ZONING FM �O �3 � e LOCATION GENERAL PLAN ZONING CURRENT USE Multiple Residential ON -SITE Detached (RM) and Open Multiple Residential (RM) Detached single-family Space OS and Open Space (OS) residential NORTH Single Unit Residential Detached (RS-D) Single -Unit Residential (R-1 Single -unit residential (Harbor Island SOUTH RS-D and Two Unit R-1 and Two -Unit Single- and two -unit residential Residential (RT) Residential (R-2) 3 13-42 4 13-43 EAST RT FBalboa Two Unit Residential, Island R-BI Single- and two -unit residential Balboa Island WEST RS-D R-1 Single-family residential (Lido Isle) INTRODUCTION Project Setting Bay Island is a 5.5-acre legal lot in the Newport Harbor with 24 individual building sites. Bay Island is located on the north end of Island Avenue on the Balboa Peninsula where it is accessible by a gated pedestrian bridge. The Island is currently developed with 23 single-family homes, a caretaker's residence currently utilized as a clubhouse, and shared open space, and recreational areas. The homes are predominately two and three stories in height. With the exception of golf carts, vehicles are not permitted on Bay Island. Vehicular parking for residents is provided off -site at 501 West Bay Avenue, where a 49- space parking structure is owned in common by Bay Island residents. Background Bay Island was established over 100 years ago as a recreational club and developed as a residential island over the years. Accessed only by a pedestrian bridge, there are no vehicles allowed on the island. Accordingly, Bay Island has a long history of off -site parking that is provided in a parking garage located at 501 W. Bay Avenue. On November 24, 1997, the City Council approved Use Permit No. UP3618 (Attachment No. PC 2). The Use Permit implemented a Planned Residential Development Overlay District, which modified the Multi -Family Residential (MFR) zoning and development regulations for Bay Island. It created a development plan that included a maximum of 25 residential units (24 single-family building sites plus one residential caretaker site) and authorized off -site parking. The purpose of Use Permit No. UP3618 is to ensure that future development maintains the single-family detached character of Bay Island. On July 25, 2006, the City Council approved Resolution No. 2006-76 adopting a comprehensive General Plan Update. With the adoption of the updated General Plan, the density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling units based on the existing number of dwellings that existed on the Bay Island at the time; however, the caretaker's unit was not taken into account, nor the fact that one dwelling is currently constructed over two authorized building sites. Project Description The applicant is requesting approval to amend the maximum density allowed on Bay Island from 23 units to 25 units, consistent with previous entitlements. The following approvals are requested or required from the City of Newport Beach to implement the project as proposed: 13-44 • General Plan Amendment No. GP2022-001 — An amendment to the Land Use Element of the General Plan increasing the maximum development limit specified on Figure LU4 for Bay Island from 23 dwelling units to 25 dwelling units; • Local Coastal Program Amendment No. LC2022-003 — An amendment to the Local Coastal Program Implementation Plan (Title 21) of the Newport Beach Municipal Code ("NBMC") increasing the maximum development limit specified on the Coastal Zoning Map for Bay Island 23 dwelling units to 25 dwelling units; and • Zoning Code Amendment No. CA2022-005 — An amendment to the Zoning Code (Title 20) of the NBMC increasing the maximum development limit specified on the Zoning Map for Bay Island from 23 dwelling units to 25 dwelling units. DISCUSSION Anal Amendments to the General Plan Land Use Plan and Zoning Code are legislative acts. Neither City nor State Planning Law sets forth specific required findings for approval or denial of such amendments. However, when making a recommendation to the City Council, the Planning Commission should consider applicable policies and development standards to ensure internal consistency. Approval of these amendments would allow the applicant to utilize the site as it was originally entitled in 1997 through Use Permit No. UP3618; with a maximum of 25 residential units. General Plan Bay Island is a single property with two General Plan Land Use designations. The building sites on the island are designated Multiple Residential Detached (RM-D) and the common areas are designated Open Space (OS). Th RM-D designation is intended to provide primarily for multi -family residential development exclusively containing detached dwelling units. This amendment will apply to the RM-D designated areas only, and the amended residential density will remain consistent with this designation. The OS designation is intended to provide areas for a range of public and private uses to protect, maintain, and enhance the community's natural resources. This amendment does not change the OS designation. Charter Section 423 (Measure S) Analysis Pursuant to City Charter Section 423 and Council Policy A-18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. The proposed General Plan Amendment is in Statistical Area D3 and there 0 13-45 are no prior amendments approved less than 10 years ago. The Table 1 below shows the increases attributable to the subject amendment thereby demonstrating that no vote would be required. Table 1: Charter Section 423, Measure S Analysis for Statistical Area D3 Amendment Increased Density Increased Intensity Peak Hour Trip Increase AM PM GP2022-001 (PA2022- 087) 2 0 1.4 1.88 Threshold 100 40,000 100 100 Remaining 98 40,000 98.6 98.12 Vote Required? No No No No Local Coastal Plan The Multiple Residential (RM) Coastal Zoning District is intended to provide for areas appropriate for multi -unit residential developments containing attached or detached dwelling units. The project does not propose a change to the RM Coastal Zoning District designation but corrects an error in the maximum number of dwelling units at Bay Island. Portions of Bay Island that are within the Open Space (OS) Coastal Zoning District will not be affected by the proposed amendment. Future redevelopment at Bay Island, including construction or demolition of any dwelling units would continue to require conformance with applicable RM Coastal Zoning District development and parking standards and would require discretionary approval through a coastal development permit. Approval of a coastal development permit requires consistency with all applicable section of the Local Coastal Program, including, but not limited to, policies related to water quality, public access and views, and coastal hazards. Zoning Code The Multiple Residential (RM) Zoning District is intended to provide for areas appropriate for multi -unit residential developments containing attached or detached dwelling units. The project does not propose a change to the RM Zoning District but corrects an error in the maximum number of dwelling units at Bay Island. Further, the existing Use Permit No. UP3618 entitled a maximum of 25 dwelling units on Bay Island. The stated purpose and intent of the Zoning Code is to carry out the policies of the City of Newport Beach General Plan. Consistency between the General Plan and the Zoning Code designation is critical to ensure orderly development and enforcement. Under the existing Zoning Map, the subject property could only be developed with a maximum of 23 dwelling units, despite the previously approved UP3618 allowing for up to 25 dwelling units. The requested amendment would update the zoning map to allow up to 25 dwelling 7- 13-46 units at Bay Island, consistent with the previous entitlement, and correcting the error made in previous General Plan and Zoning Code updates. SB18 Tribal Consultation Guidelines Pursuant to Section 65352.3 of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. Twelve tribe contacts were provided notice on June 23 2022. Section 65352.3 of the California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. To date, the City has received one response from Gabrieleno Band of Mission Indians — Kizh Nation, requesting a consultation. This process will be completed prior to final action by the City Council. Alternatives Alternatives to the recommended amendments could include disapproval of the request and retention of the existing General Plan, Zoning Code, and Local Coastal Program Implementation Plan maximum development limits restricting Bay Island to a maximum of 23 residential units. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Class 3 exempts the construction of up to three single-family residences. The project would authorize the future development of up to two additional single-family residences at Bay Island and therefore qualifies within this exemption. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Pi ihlir Nnfira Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. g 13-47 Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Chelsea Crager Associate Planner ATTACHMENTS Submitted by: Jim Campbell Deputy Community Development Director PC 1 Draft Resolution with Findings and Conditions PC 2 Use Permit No. UP3618 :\Users\ccrager\Desktop\Staff Report Master Template.docx01/12/18 9 13-48 Z0 13-49 Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 13-50 1 2 13-51 RESOLUTION NO. PC2022-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2022-001, LOCAL COASTAL PROGRAM AMENDMENT NO. LC2022-003, AND ZONING CODE AMENDMENT NO. CA2022- 005, FOR BAY ISLAND (PA2022-087) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Bay Island Club, Inc., ("Applicant") with respect to Bay Island, as shown on the official map of Bay Island ("Property") as shown in Exhibit "A." 2. Bay Island is a 5.5-acre legal lot in the Newport Harbor individual building sites for single- family residences that is accessible by a gated pedestrian bridge. With the exception of golf carts, vehicles are not permitted on Bay Island. Bay Island is currently developed with 23 single-family homes and shared open space, recreational areas, and a caretaker's unit, which currently functions as a clubhouse. 3. On November 24, 1997, the City Council approved Use Permit No. UP3618 to implement a Planned Residential Development Overlay District, which modified the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and created a development plan that included a maximum of 25 residential units (24 single-family building sites plus one residential caretaker site) and authorized off -site parking. The purpose of Use Permit No. UP3618 is to ensure that future development maintains the single-family detached character of Bay Island. 4. On July 25, 2006, the City Council approved Resolution No. 2006-76 adopting a comprehensive 2006 General Plan Update ("General Plan Update"). With the adoption of the General Plan Update, the density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling units based on the number of dwellings that existed on the Bay Island at that time; however, the caretaker's unit was one dwelling that is constructed over two authorized building sites were omitted. 5. The Applicant is requesting approval to correct the maximum density allowed on Bay Island from 23 units to 25 units, consistent with Use Permit No. UP3618. The following approvals are requested or required from the City of Newport Beach ("City") to implement the project as proposed: • General Plan Amendment No. GP2022-001 — An amendment to the Land Use Element of the General Plan correcting the development limit specified for Bay Island from 23 dwelling units maximum to 25 dwelling units maximum; 1 S 13-52 • Local Coastal Program Amendment No. LC2022-003 — An amendment to the Local Coastal Program Implementation Plan (Title 21) of the Newport Beach Municipal Code ("NBMC") correcting the development limit specified for Bay Island 23 dwelling units maximum to 25 dwelling units maximum; and Zoning Code Amendment No. CA2022-005 — An amendment to the Zoning Code (Title 20) of the NBMC to correct the development limit specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units. 6. The Property is located within the Multiple Residential (RM) Zoning District and the General Plan Land Use Element category is Multiple Residential Detached (RM-D). 7. The Property is located within the coastal zone. The Coastal Land Use Plan category is Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal Zoning District is Multiple Residential (RM). 8. A public hearing was held on September 8, 2022, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the construction of up to three single-family residences. The project would authorize the future development of up to two additional single-family residences at Bay Island and therefore qualifies within this exemption. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. 2 13-53 SECTION 3. REQUIRED FINDINGS. General Plan, Zoning Code, and Local Coastal Program Amendments 1. Amendments to the General Plan, Zoning Code, and Local Coastal Program are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. Section 8 of City Council Resolution No. 2006-76 states that General Plan texts, exhibits, figures, and plan map may be corrected without further amendment. This provision applies only to errors of fact, language consistency between elements and policies, calculations and/or scribe's errors. In this case, the Bay Island unit count was erroneously decreased by two units (from 25 to 23 units) during the 2006 General Plan update and reflected in subsequent Zoning Code and Local Coastal Program updates. 3. The correction of the proper development limits will return the maximum residential density of Bay Island to 25 units, consistent with the prior entitlement under UP3618. This will return development rights to the property owners of Bay Island. There is no proposed increase beyond prior approved entitlements. 4. The additional dwelling units will not significantly reduce increase bulk and massing of development on Bay Island, which remain subject to development standards set forth in the NBMC and UP3618. 5. The development on Bay Island would remain consistent with remaining and unchanged applicable standards of the RM Coastal Zoning District and UP3618, which set forth development standards including setbacks, height, floor area limitations, and parking standards. Charter Section 423 Pursuant to City of Newport Beach ("City") Charter Section 423 and City Council Policy A-18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in Section 423 of the City Charter. The proposed General Plan Amendment is in Statistical Area D3 and there are no prior amendments approved less than 10 years ago. The following table shows the increases attributable to the subject amendment thereby demonstrating that no vote would be required. 15 13-54 Charter Section 423, Measure S Analysis for Statistical Area D3 Amendment Increased Density Increased Intensity Peak Hour Trip Increase AM PM GP2022-001 (PA2022-087) 2 0 1.4 1.88 Threshold 100 40,000 100 100 Remaining 98 40,000 98.6 98.12 Vote Required? No No No No SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approve the following: a. General Plan Amendment No. GP2022-001 attached hereto as Exhibit "B" and incorporated herein by reference. b. Local Coastal Program Amendment No. LC2022-003 attached hereto as Exhibit "C" and incorporated herein by reference. c. Zoning Code Amendment No. CA2022-005 attached hereto as Exhibit "D" and incorporated herein by reference. PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF SEPTEMBER, 2022. AYES: NOES: ABSTAIN: ABSENT: 10 13-55 M. M Lauren Kleiman, Chair Mark Rosene, Secretary z7 13-56 1 R 13-57 RM-D zs du 330 3?g o V 3?6 S� 3?6 19 N �/ 3?q , 3?q 3?� 3?6 , Q N,N p > 330 3?0 3 J 7 9 3y 3y S O 3I !8 � I 3� 3?6 7S V 376 y 3I8 3?7 >~ 374 3Ile 379` 3?q 3?I�j3? 37? 3I5 Q 3Iq 37j Q 3� ? 3IS Q r 3? Feet 3It Q I 37Z 318 ?I- '37 General Plan Amendment No. GP2022-001 00,0 NBGS Bay Island NE W PORT BEACH City of Newport Beach GIS Division PA2022-087 EXHIBIT B August 16, 2022 �.0 13-59 RM zs du O a 330 3?g o V 3?6 S� 3?6 lg N �/ 3?q , 3?q 3?� 3?6 , Q N,N p 330 3?0 377 g` > 3?0 S O 32 8 ��3? Q 0, !8 I 3 3?6 3 Q N N 7S V 376 3Ig 3I8 3?7 >~ N 373 � 374 37g ` 3?q 3 37? 3IS Q 3I4 37j Q 3� ? 3IS Q r 3? ,Q 3 ?4 e 70 140 3I3 3I2 37S 0 3I�� 37 V ?? 3?S Feet 3l1' Q I 31. 3I8 21_ `'37 �,_ Q 3 Local Coastal Program Amendmentw �B�� No. LC2022-003 N E W P OR T BEA C H Bay Island City of Newport Beach PA2022-087 EXHIBIT C August 16, 2022 �Zi 13-60 RM zs du O a 330 3?g o V 3?6 S� 3?6 lg N �/ 3?q , 3?q 3?� 3?6 , Q N,N p 330 3?0 3 J I g ` > 3?0 S O 32 8 ��3? Q 0, !8 I 3 3?6 3 Q N N IS V 3I6 3Ig 3I8 3?I >~ N 3I3 � 374 3IS I6 dig ` 3?q 3 3I? 3IS Q 3I4 3IS Q 3� ? 3IS Q r 3? ,Q 3 ?4 e 70 140 3I3 3I2 31S Feet 3I1 ITI 3IZ 3I8 z1-,�`'3I 3 Zoning Code Amendment No. CA2022-005 00,0 NEGS Bay Island N E W P OR T BEA C H City of Newport Beach PA2022-087 EXHIBIT D August 16, 2022 13-61 Attachment No. PC 2 Use Permit No. UP3618 23 13-62 24 13-63 Is FILE COPY RESOLL:TIo\ 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 361$3 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 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 25 13-64 permit, the project vr7Il 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 circurnstances 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. 20 13-65 • 0 THE CITY COUNCIL OF THE CITY OF \EWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: Use Permit 3618 is hereby approved to establish the follovkring land use and properly 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 vard (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. I.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 Parking 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 11 uncovered. Two off-street parking spaces, including one covered; shall be 2 13-66 maintained for each dwelling unit, including anv caretaker's residences. 1.5.5 Building Heieht 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. 15.6 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 Safety 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 S50,000. 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. 22 13-67 • • 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 None MAYOR ATTEST: CITY CLERK 2� 13-68 STATE OF CALIFORNIA } COUNTY OF ORANGE 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, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of March, 2004. U� City Clerk Newport Beach, California (Seal) so 13-69 ,xo.�. RA Y ISL A ND BEING A. PORT/ON OF SEC 34, 76S,� R10W SB.B. M. OCATED IN NEWPORT HA OR r 1 �e zg w \AA NEWPORT BEACH, CALIFORNIA � I I I 1 al T� I I I I I i I II I. 1 I I I r ' \ �1,-- .*. ,1�N�1�'.i.,"�• d1sm�1z:s 3�1 F 1 31 11121 13�:0, 11'1 1� 1 m1t_� __(,n__Ta )� -V1II,I1IIL - � - -�m'IIII1IIi1I--- $III1I1rlII�I "- --- E1 IF1I1iII--I -_.m.�. _--.� _ . _- �u�ti"_uL_� ---, �,xIII�IIIII --. •b -LjIIIL1I,11�y'. ,-.LIl,,,II11I I111IIilI �_'. . -� �-H�--13 - _ 1iI1IIIII II;I1i1a'�I`.c3iIIIII1I1II I�I11iI1Il1 IIiIIr. ' .A"iII1I11I1I11 R"rnGf�tiEtRu" cC.T,°u•P7w1ac•u�IIIIiIixs ,w•(,I,mo�kcrtvIlIIIIiII Jc1 rtiII11III1I an�ga�I1lIII1I1iI� uGh[x1i.. v�-m t �-11IIIIiIIa o.1�. 1 �R„YMiIII iII m ,- a'�-pti '•`IL i 'J!J. OE-/ � >�.- /g�~3•6/�—.... -\ ,+ I\�`�I�•,;i Ii\:I . � ..\./. \/y-rtr\°\o oa �A \ / \/ � \ N2 ---- r------------r .7 L_ -------------- BRIDGE CaretakWFaW.FWa. c m Residence -o--- Tennis Court � ---- U I I _ I _ _----- -----='I7 1L < uexoxi4; ow - NOTES: lARE FOR ONE SINGLE FAMILY RESIDENCE EACH. ¢ 2. FRONT YARD - BAYSIDE 3 REAR YARD -'INTERIOR OR PARKS/DE--a a-. 33 rIII'. 4. AREAS -OF MINOR STRUCTURES" z m, 1 stl ENCROACHMENT g 7 5. AREA OF MAJOR STRUCTURES BUILDABLE - a AREA _ _________ Job No. 6. SITE: -BOUNDARY __..-_ ___ Sheet No. i 7. U.S. .BULKHEAD LINE �1 13-70 S2 13-71 Planning Commission - September 8, 2022 Item No. 4a - Additional Materials Received Bay Island Amendments (PA2022-087) Rodriguez, Clarivel Subject: FW: Bay Island housing increase. From: J&J McKellar <twoilmck@gmail.com> Sent: September 03, 2022 3:49 PM To: Crager, Chelsea <ccrager@newportbeachca.gov> Subject: Bay Island housing increase. [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I oppose the increasing of housing on Bay Island from 23 to 25. When the City of Newport Beach originally set the maximum of 23 homes on Bay Island, they went through much time and thought in figuring just what would be best for the overall land use for the future residents. Clearly they thought it best to have some "green space", and not simply wall-to-wall housing on such a small island. The parking that 2 more homes will add simply is unacceptable, as it is already a huge problem for blocks and blocks around their pedestrian bridge ... let's not make it worse. And, by adding 2 more homes, those working at the 2 new homes, as well maintenance people ... and then guests spending a few days, will make parking for homeowners throughout on the side streets, simply impossible. Every developer knows, you don't build out on every single lot ... you leave a couple for the enjoyment of the neighborhood. MAXIMUM residential density is a very bad idea for this already very, very dense island. I urge you to do the right thing for all the residents of Bay Island, and the surrounding neighborhood: VOTE NO ON THIS APPLICANT. James McKellar 13-72 Planning Commission - September 8, 2022 Item No. 4b - Additional Materials provided by Staff Bay Island Amendments (PA2022-087) CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Planning Commission From: Chelsea Crager, Associate Planner Date: September 7, 2022 Re: Item No. 4 — Bay Island Amendments (PA2022-087) Exhibit B, Exhibit C, and Exhibit D attached to this memorandum are intended to replace the exhibits attached to the draft resolution (Attachment PC1 of staff report) for the Bay Island Amendments. These exhibits have been revised for clarity and to accurately reflect the original building sites entitled by Use Permit No. UP3618. Attachments: Exhibit B — General Plan Amendment GP2022-001 Exhibit C — Local Coastal Program Amendment LC2022-003 Exhibit D — Code Amendment CA2022-005 Planning Commission - September 8, 2022 Item No. 4b - Additional Materials provided by Staff Bay Island Amendments (PA2022-087) 13-74 Planning Commission - September 8, 2022 Item No. 4b - Additional Materials provided by Staff RM-D zs au 3 .10 4V - tv .441 . ti 22 a GP2022-001 (PA2022-087 00,0NNBG�S General Plan Amendment City of Newport Beach Bay Island Gus Division EXHIBIT B August 16, 2022 Planning Commission - September 8, 2022 Item No. 4b - Additional Materials provided by Staff J a :1 u0 IJI� � Fool RM 25 du LC2022-003 (PA2022-087) Local Coastal Program Amendment Bay Island EXHIBIT C f V •TCf 00,0 NBGS N E W P O R T B E A C H City of Newport Beach GI Division August 16, 2022 13-76 Planning Commission - September 8, 2022 Item No. 4b - Additional Materials provided by Staff RM 25 du g .0 r f 3 Sk �s .{ , r ° ,. poi �r1$ 32 CA2022-005 (PA2022-087) 00,0NNBG�S Code Amendment City of Newport Beach Bay Island EXHIBIT D gus Division August 16, 2022 13-77 Planning Commission - September 8, 2022 Item No. 4b - Additional Materials provided by Staff Bay Island Amendments (PA2022-087) 13-78