HomeMy WebLinkAboutRay residence- 15 Bay Island - PA2006-247CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 7
December 7, 2006
TO: PLANNING COMMISSION
FROM: Planning Department
Janet Johnson Brown, Assistant Planner
ibrown@city.newport-beach.ca.us
SUBJECT: Ray Residence (PA2006 -247)
15 Bay Island
Use Permit No. 2006 -030
Modification Permit No. 2006 -118
Planning Commission Approval of 28 -Foot Building Height
APPLICANT NAME: Janet and James (Walkie) Ray
ISSUE
Should the Planning Commission approve a Use Permit to allow alterations of up to 75%
of the structural elements of an existing legal nonconforming dwelling? Also, should the
Planning Commission approve a Modification Permit to allow a second -level deck to
encroach up to 12 feet into the 15 -foot front setback on the bay side of the building site
and a shade /trellis structure to encroach 1 foot into the 4 -foot side yard setback? Lastly,
should the Planning Commission approve portions of the reconstructed dwelling to be up
to 28 feet in height, which is above the base 24 -foot building height limit?
RECOMMENDATION
Staff recommends that the Planning Commission approve Use Permit No. 2006 -030
and recommends denial of Modification Permit No. 2006 -118. Staff also recommends
that the Planning Commission approve the request to allow portions of the
reconstructed dwelling to be up to 28 feet in height.
BACKGROUND
Bay Island is a residential cooperative developed with 23 single - family dwelling units
and a caretaker's unit on a single parcel of land. Bay Island was classified as
Ray Residence Use Permit and Modification
December 7, 2006
Page 3
Restricted Multiple Family Residential (R -3) from 1936 to 1997. In 1997, the Zoning
Code was amended and the R -3 District was eliminated and replaced with the MRF
(Mufti - Family Residential) zone. Bay Island was then reclassified to the Multi - Family
Residential (MFR) District with a Planned Residential Development (PRD) Overlay.
On November 24, 1997, the City Council approved Use Permit No. 3618 to implement
the PRD Overlay and establish land use and property development regulations for Bay
Island. The purpose was to insure the single- family detached uses were maintained
and to accommodate the unique characteristics of the existing development on the
island. A copy of Resolution No. 23 adopting Use Permit No. 3618 is attached as
"Exhibit A."
Pursuant to Use Permit No. 3618, a single - family dwelling is permitted on each of the 24
building sites identified on the PRD Building Site Map dated August 15, 1997 ( "Exhibit
B "). The Building Site Map establishes building locations and yards. Resolution No. 23
establishes- regulations pertaining to encroachments within the identified yards; floor
area limits and building heights. The maximum floor area limit is 2.5 times the buildable
area of the building site. The height limit is 24 feet, with the ability to increase the height
to 28 feet with approval of the Planning Commission. The required off- street parking of
2 parking spaces per dwelling unit is provided in a parking structure located at 501 West
Bay Avenue.
The subject property was developed in 1972 under the R -3 development regulations in
effect at that time, which allowed the overall height of the building to be 35 feet. The
subject dwelling is a legal nonconforming structure because it exceeds the allowable
building height limit of 24 feet specified by the development regulations of Use Permit
No. 3618.
While under construction, Modification Permit No. 628 was approved on March 27,
1973. This Modification Permit allowed a portion of two decks and a staircase to
encroach approximately 7 feet into what was then the required 20 -foot front yard
setback on the bay side of the property.
DISCUSSION
Proiect Description
The applicant proposes to reconstruct and remodel the existing 3 -level dwelling and add
an additional 414 square feet. The rear half or inland side of the structure is proposed
to be completely demolished and rebuilt at a height greater than 24 feet above grade.
Portions of the existing roof structure to remain after demolition on the bay side are
proposed to be altered and scaled back. The existing two decks and spiral staircase
allowed by Modification Permit No. 628 are proposed to be demolished and replaced
with two new decks. The interior of the dwelling is proposed to be remodeled
throughout. The various aspects of the project are described in greater detail below.
Ray Residence Use Permit and Modification
December 7, 2006
Page 4
The Bay Island Club requires that all construction on the island be reviewed and
approved by the Bay Island Architectural Committee. The applicant has obtained
approval from the Architectural Committee and a copy of their approval is attached as
"Exhibit C."
Because portions of the reconstructed dwelling are proposed to exceed the 24 foot
height limit, which may be increased to 28 feet with the approval of the Planning
Commission, staff has referred the Use Permit for structural alterations of up to 75% of
the structural elements and the Modification Permit for setback encroachments to the
Planning Commission for review of the entire project.
Use Permit
As stated earlier in this report, the existing dwelling is a nonconforming structure
. because it exceeds the 24 -foot height limit. Nonconforming. buildings and.structures are
subject to the provisions of Chapter 20.62 of the; Zoning Code, =Which, establishes
procedures for the continuance or modification of existing legal. nonconforming
structures. Section 20.62.040 C (Structural Alterations) allows for alterations of up to
75% of the structural elements within any 12 month period upon the approval of a use
permit and subject to certain findings.
Staff analyzed the percentage of proposed structural improvements in relation to the
total amount of structural elements throughout the building. The standard method for
analysis utilized by staff is based upon the amount of exterior walls altered and floor
area altered. The analysis determined there are a total of approximately 615 linear feet
of exterior walls on the three levels, of which 276 linear feet (or 45 %) of the total exterior
walls would be demolished and replaced. The total floor area to be demolished and
replaced is equal to 44% of the total existing floor area. Additional modifications to the
remaining portion of the dwelling would bring the total alterations of existing structural
elements of the structure to more than 50% of the existing building and less than 75% of
the building. In addition to a determination that the alterations affect less than 75% of
structural elements, approval of a Use Permit to allow such alterations requires the
following findings:
1. The cost of the improvements to be made is minor in comparison to the
value of the existing nonconforming condition.
Based on Building Valuation Data provided by the Building Department, staff estimates
the cost of proposed improvements to be approximately $410,500. Research indicates
recent sales transactions for dwellings on Bay Island to be in the $6 to $7 Million range.
Based on the Assessor's Office allocation of total property value between land and
structure (80% property value versus 20% structure value), staff estimates the value of
the existing structure to be $1.4 Million.
Ray Residence Use Permit and Modification
December 7, 2006
Page 5
Based on this information, staff believes this finding could be made as the total
proposed improvement costs ($410,500) represent only 29% of the estimated value of
the existing structure ($1.4 Million), which may be deemed "minor" in comparison.
2. The cost of correcting the nonconforming condition would exceed the cost
of the other alterations proposed.
The entire building is nonconforming because it exceeds the height limit. In order to
correct the nonconforming condition, the entire building would be required to be rebuilt.
Based on the Building Valuation Data supplied by the Building Department, the
estimated cost to rebuild the entire structure is $491,000.
The applicant proposes to demolish and reconstruct a portion of the building, add 414
square feet and remodel the remaining structure. The estimated total cost is $410,500,
which is less than the cost to correct the nonconforming condition ($491,000).
Therefore, staff believes this finding could be made,:,
3. Retention of the nonconforming condition is necessary to maintain
reasonable use of the structure.
Retention of the nonconforming condition is necessary to maintain reasonable use of
the structure, as demolition of the entire structure would be required to bring the
dwelling into conformance with the 24 -foot height limit.
4. The alteration does not increase the structure's inconsistency with the
regulations of the Zoning Code.
Reconstruction, as proposed, would not result in a roof height greater than the existing
structure and therefore would not increase the structure's inconsistency, with the
development regulations of the Bay Island PRD Use Permit and Zoning Code as the
proposed improvements would comply with all other development standards.
Modification Permit
Use Permit No. 3618 was adopted for the purpose of modifying the base MFR District
development regulations in order to accommodate and preserve the unique
characteristics of the existing development on the island. The PRD Use Permit states
that all development shall conform to the MFR District regulations unless modified by
the specific land use and development regulations listed in the Use Permit. Section
1.5.1 B "Setbacks and Encroachments" of the Bay Island Development Regulations
provide for the following encroachments:
"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
Ray Residence Use Permit and Modification
December 7, 2006
Page 6
above the main living floor shall be cantilevered and shall not encroach
more than 5' into the front yard (bayside) or more than 4' into the rear yard
(interior or "parlr" side). Roofs may encroach an additional 2'.
Staff conducted a site., survey of the island to assess conditions of existing
developments. Photographs of the existing conditions are attached as "Exhibit D." The
building permit history records for Bay island are sparse, and it appears that new single -
family dwellings were constructed on lots 13, 15 (subject property), 19 and 21 since
1967. There is no record for new construction prior to 1967. Based on research of the
Zoning Code, staff found that the required front yard setback for the R -3 District was 10
feet from 1936 until December, 1950, when it was changed to 20 feet. This would
explain how some of the existing developments are located within the bay side front
yard area. Other developments were granted approvals to encroach with Modification
Permits issued during the 1970's, 1980's and 1990's.
The proposed remodel on the bay side of: the dwelling includes the demolition of an
existing patio on grade and the two decks and spiral staircase allowed by the 1973
Modification Permit. These will be replaced with a new patio on grade and two new
decks at the second and third levels.
The new deck at the second level is proposed to be supported by 8 vertical columns
and the deck will be approximately 12 feet 6 inches above the finished surface of the
new patio below. The deck is asymmetrical in design. The northerly portion of deck is
proposed to project up to 12 feet and the southerly portion would project 9 feet into the
15 -foot front yard area facing the bay.
The new deck proposed at the third -level is cantilevered and projects 5 feet into the
front yard. A solid flat roof above the cantilevered deck is proposed to project 4 feet into
the front yard. The height of the flat roof structure would exceed the 24 -foot height limit
and is discussed below.
On the inland side of the dwelling, a new shade or trellis -type structure supported by
brackets is proposed to be attached to and extend from a new third level cantilevered
deck. This decorative architectural feature is proposed to project 1 foot beyond the
building envelope, while this type of encroachment is not permitted by Use Permit No.
3618.
Upon initial review, Staff was of the opinion that second level deck was not a permitted
encroachment because the second level may not have been the "main living floor" and
shade or trellis -type structure as proposed requires the approval of a Modification
Permit, and advised the applicant of this interpretation. The applicant disagreed with
staffs interpretation, stating that the bayside deck encroachments are in compliance
with the Use Permit No. 3618 regulations and that the decorative shade or trellis -type
structure is permitted by the Zoning Code. In the interest of the resolving the matter, the
applicant requested a Modification Permit be brought forward.
Ray Residence Use Permit and Modification
December 7, 2006
Page 7
The improvement plans show that the second level is the main living level as it has the
kitchen, dining and living rooms. As such, the proposed deck would be consistent with
Section 1.5.1 B even though the structure would be 12 feet 6 inches above the ground.
This interpretation is consistent with the purpose and intent of the approval of Use
Permit No. 3618. Staff believes that the second level of this dwelling is correctly
identified as the main living level and this deck encroachment is consistent with the
provisions of the Bay Island PRD Use Permit development regulations. Therefore, a
Modification Permit is not required.
Staff finds no provision in either the Bay Island Development Regulations or the Zoning
Code which allows shade structures to encroach into the side yard as those areas are
not depicted on the Building Site Map. The Zoning Code includes provisions in Section
20.60.030 B (Extension into Yards - Architectural Features) to allow certain architectural
features such as "roof overhangs, brackets, cornices and eaves" to project to within 2
feet from a side property line. However, the shade or trellis -type structure proposed is
not similar to these architectural features. .
Further, Section 20.60.030 G (Extension into Yards — Awnings, Canopies, Marquees,
and Shades) specifically prohibits shading devises from projecting into a side setback.
Therefore, the shadeltrellis -type structure requires the approval of a Modification Permit
or its removal from the project. Modification permits may be approved if each of the
findings listed below can be made. The required findings and discussion are as follows:
1. The granting of this application is necessary due to practical difficulties
associated with the property. The strict application of the Zoning Code
results in physical hardships that is inconsistent with the purpose and intent
of the Zoning Code.
The applicant states this decorative architectural feature is intended to identify the
location of the main entry to the home. While the shade or trellis -type structure is
clearly not a roof eave or overhang, it is similar in nature and is proposed to maintain 3
feet clear to the side property line, whereas the Zoning Code would allow an eave to
project to within 2 feet. However, staff cannot make the finding as there is no practical
difficulty associated with the lot such that strict application of the Zoning Code would
result in a physical hardship.
Because the first finding cannot be made, staff recommends that the Planning
Commission deny the Modification Permit to allow the shade or trellis -type structure to
encroach beyond the building envelope into the side yard. Should the Planning
Commission decide that the above finding can be made, the following two findings are
also required to be made.
2. The requested modification will be compatible with existing development(s)
in the neighborhood.
Ray Residence Use Permit and Modification
December 7, 2006
Page 8
3. The granting of this Modification Permit will not adversely affect the health or
safety of persons residing or working in the neighborhood of the property
and not be detrimental to the general welfare or injurious to property or
improvements in the neighborhood.
Reauest to Exceed 24 -foot Height Limit
Use Permit No. 3618 states that the maximum building height is 24 feet using the
measurement of height defined in Chapter 20.65 of the Zoning Code. This height limit
may be increase to a maximum of 28 feet with the approval of the Planning Commission
if the Commission deems the increased height to be "compatible and consistent with the
height and scale of adjacent and surrounding dwellings." This regulation and finding is
unique to Bay Island.
The proposed improvements are 28 feet in height as measured per Chapter 20.65 of
the Zoning Code. A majority of the dwellings on Bay Island were constructed prior to
1972 when the former R -3 District height limit was 35 feet. Based upon the
predominance of existing structures that are approximately 35 feet high and with
approval of the Bay Island homeowners association, staff believes there is no reason to
say the project is not compatible. Therefore, staff recommends that the Planning
Commission approve the applicant's request to exceed the 24 -foot height limit as
proposed.
Environmental Review
This project has been reviewed and it has been determined that it is categorically
exempt under the requirements of the California Environmental Quality Act under Class
1 (Existing Facilities). This exemption permits interior and exterior alterations and
additions to existing single family dwellings.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property, and posted at the site a minimum of 10 days in advance of this
hearing, consistent with the Municipal Code.
Alternatives
The Commission has the option to approve or deny any combination of the applicant's
request, including the Use Permit to allow structural alterations of up to 75% of the
existing structure, the Modification Permit to allow shade /trellis -type structure
encroachment into the side yard area, and the applicant's requests to allow the
reconstructed dwelling be up to 28 feet in height.
Ray Residence Use Permit and Modification
December 7, 2006
Page 9
Prepared by: Submitted by:
�l VV oR
*et o ns n Brown, Assistant Planner Da d Lepo, Pf nning birector
Exhibits:
1. Draft Resolution for approval
2. Exhibit A — Bay Island PRD Use Permit No. 3618
3. Exhibit B — Bay Island PRD Building Site Map
4. Exhibit C — Correspondence from Bay Island Architectural Committee
5. Exhibit D — Existing Site Photographs
6. Project Plans ;
RESOLUTION NO.
A RESOLUTION OF THE .PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2006 -030,
DENYING MODIFICATION PERMIT NO. 2006 -118 AND APPROVING
PORTIONS OF A LEGAL NONCONFORMING DWELLING TO BE
RECONSTRUCTED AT 28 FEET IN HEIGHT FOR PROPERTY
LOCATED AT 15 BAY ISLAND (PA2006 -247)
WHEREAS, an application was filed by Mr. and Mrs. James Ray with respect to
property located at 15 Bay Island, and legally described as a Portion of Section 34,
Tract 65, Range 10W of Orange County, requesting approval of a Use Permit to allow
structural alterations to an existing legal nonconforming dwelling of up to 75% of the
structural elements, a Modification Permit to allow a second -level deck to encroach into
the front yard setback and a shadettrellis structure to encroach into a side yard, and
Planning Commission approval to allow portions of a legal nonconforming dwelling to be
reconstructed up to 28 feet in height; and
WHEREAS, a public hearing was held on December 7, 2006, in the City ; Hall
Council Chambers located at 3300 Newport Boulevard, Newport Beach; California. A
notice of time, place and purpose of the aforesaid meeting was given. The application,
plans, a staff report and evidence, both written and oral, were presented to and
considered by the Planning Commission at this meeting; and
WHEREAS, the project consists of the reconstruction, remodel and addition to an
existing detached, single - family dwelling and is consistent with the 2006 Updated
General Plan Land Use Element which designates the site for Multiple -Unit Residential
Detached (RM -D) uses; and
WHEREAS, the subject property is located in the Multi- Family Residential (MFR)
zoning district with a Planned Residential Development (PRD) Overlay, and the project
consists of the reconstruction, remodel and addition of 414 square feet to an existing
single- family dwelling, and the reconstruction, remodel and addition has been designed
to comply with all applicable development regulations of the MFR zone and Bay Island
PRD Use Permit No. 3618, with the exception of the limitation on the amount of
structural alterations allowed to a legal nonconforming structure and with the exception
of the building height limit; and
WHEREAS, a Use Permit to allow alterations of up to 75% of the structural
elements of the existing legal nonconforming dwelling has been presented in
accordance with Chapter 20.62 of the Newport Beach Municipal Code and such Use
Permit may be approved upon making the following findings:
1. Finding: The cost of the improvements to be made is minor in comparison to the
value of the existing nonconforming condition.
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 5
Fact in Support of Finding: The cost of the improvements ($410,500) to be made
is minor in comparison to the value of the existing legal nonconforming dwelling
which is estimated to be $1.4 million.
2. Finding: The cost of correcting the nonconforming condition would exceed the
cost of the other alterations proposed.
Fact in Support of Finding: The cost of correcting the nonconforming condition is
estimated to be approximately $491,000 and exceeds the cost of proposed
alterations which is valued at approximately $410,500.
3. Finding: Retention of the nonconforming condition is necessary to maintain
reasonable use of the structure.
Fact in Support of Finding: Retention of the nonconforming condition is
necessary to maintain reasonable use of the structure, as demolition of the entire. >:
structure would be required to bring the. dwelling into conformance with the 24-
foot height limit.
4. Finding: The alteration does not increase the structure's inconsistency with the
regulations of the Zoning Code.
Fact in Support of Finding: The alteration does not increase the structure's
inconsistency with the regulations of the Zoning Code as the portion of residence
proposed for reconstruction is 28 feet in height which is lower than the existing
legal nonconforming building.
WHEREAS, the project as proposed, pursuant to the conditions under which it
will be operated and maintained, will not be detrimental to the public health, safety,
peace, morals, comfort, or welfare of persons residing or working in or adjacent to the
neighborhood of such use; and will not be detrimental to the properties or improvements
in the vicinity or to the general welfare of the City for the following reasons:
The project as proposed will be consistent with other properties and
improvements in the vicinity because the project will comply with the
development standards and regulations of the MFR -PRD Zoning District and Use
Permit No. 3618, with the exception of alterations of up to 75% of the structural
elements to the existing legal nonconforming dwelling and to allow portions of the
legal nonconforming dwelling to be reconstructed up to 28 feet maximum in
height.
2. The project as proposed will not be detrimental to the properties or improvements
in the vicinity because it is compatible and consistent with the height and scale of
City of Newport Beach
Planning Commission Resolution No. _
Page 3 of 5
other adjacent and surrounding dwellings because of the predominance of
dwellings constructed when the height limit was 35 feet, and as such will not be
detrimental to the public health, safety, peace, morals, comfort, or welfare of
persons residing or working in or adjacent to the neighborhood.
3. The project as proposed will comply with the provisions of this code, including the
development standards and regulations of the MFR -PRD Zoning District in which
the project is located and Use Permit No. 3618, with the exception of alterations
of up to 75% of the structural elements to the existing legal nonconforming
dwelling and to allow portions of the legal nonconforming dwelling to be
reconstructed up to 28 feet maximum in height.
WHEREAS, the encroachment of the proposed deck at the second level of the
main living floor is consistent with and allowed pursuant to Section 1.5.1 B of Use
Permit No. 3618, and therefore, no Modification Permit is required for this structure;, and
,WHEREAS, the proposed one -foot encroachment of a shade ' ott frelaistype :<
structure beyond the building envelope cannot be supported as there is no practical
difficulty associated with the lot such that strict application of the Zoning Code would
result in a physical hardship; and
WHEREAS, the proposed reconstruction of the residence at a maximum height
of 28 feet as measured in accordance with Chapter 20.65 of the Municipal Code is
compatible and consistent with the height and scale of adjacent and surrounding
dwellings on Bay Island. This is supported by the fact that many of the surrounding
buildings exceed 28 feet in height as they were built when the height limit was 35 feet
and that the Bay Island Club has reviewed and approved the proposed improvement
plans; and
WHEREAS, the project qualifies for a categorical exemption pursuant to Title 14,
California Code of Regulations, Chapter 3, Guidelines for Implementation of the
California Environmental Quality Act, under Class 1 (Existing Facilities). This exemption
allows for interior and exterior alterations and additions to an existing single - family
residence.
NOW THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS
FOLLOWS:
Section 1. Based on the aforementioned findings, the Planning Commission
hereby approves Use Permit No. 2006 -030 and denies Modification Pen-nit No. 2006 -118,
and approves the building height to be 28 feet maximum, all subject to the Conditions of
Approval in Exhibit "A" attached hereto and made hereof.
City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 5
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 7" DAY OF DECEMBER, 2006.
Jeffery Cole, Chairman
Robert Hawkins, Secretary
AYES:
NOES:
ABSENT:
City of Newport Beach
Planning Commission Resolution No.
Page 5 —0f 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2006 -030
The development shall be in substantial conformance with the approved site
plan, floor plan, and elevations stamped with the date of this meeting, except as
noted in the following conditions.
2. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
3. Automatic fire sprinklers shall be provided within the reconstructed and
remodeled residence, in conformance with the Building and Fire Code
requirements.
4. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City -
adopted version of the California Building Code.
5. This approval was based on the particulars of the individual case and does not in
and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
6. The demolition, reconstruction, addition and remodel shall be as depicted on the
approved plans. In no case shall the total alteration of the existing structural
elements exceed 75% of the existing building. Alterations in excess of 75% of
the structural elements shall render Use Permit No. 2006 -030 null and void and
shall require approval of a Variance.
7. The shade or trellis -type structure proposed to project beyond the building
envelop shall be eliminated from the 4 -foot side yard area and is not permitted.
8. The reconstructed portion of the dwelling shall be a maximum height of 28 feet
as measured in accordance with Chapter 20.65 of the Municipal Code.
Bay Island PRD Use Permit No. 3618
EXHIBIT A
,u
Fwam
FILE COPY
RESOLUTION NO. 23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING A PLANNED RESIDENTIAL
DEVELOPMENT USE PERMIT TO ESTABLISH LAND USE AND
PROPERTY DEVELOPMENT REGULATIONS FOR THE BAY
ISLAND COMMUNITY [USE PERMIT 3618]
WHEREAS, the Bay Island was developed as a stock cooperative prior to the establishment
of City zoning regulations; and
WTIEREAS, a planned residential development use permit is necessary for the administration
of City zoning regulations on existing and future development on Bay Island; and
WHEREAS, the Land Use Element of the General Plan and the Local Coastal Program Land Use
Plan designate the site for 'Residential Single Family Detached" residential uses and that a planned
residential development is a permitted use within this designation; and
WHEREAS, the project is located within the Multi- Family Residential District and Planned
Residential Development Overlay District, which permits multi - family residential land uses and
planned residential developments; and
WHEREAS, Bay Island provides off - street parking for each dwelling unit which is equal to
that of the requirement for single family residential dwelling units. The off - street parking for Bay
Island has shown to be adequate for many years and that the approval of the planned residential
development use permit will not result in additional parking demand; and'
WHEREAS, the waiver of the requirement that the planned residential development be
bounded on all sides by public streets will not =be inconsistent with adequate standards of pedestrian
and vehicular access and traffic circulation for the development and for the area in which the develop-
ment is located. The project has not negatively affected the pedestrian and vehicular system in the
Past seventy -five years, and with the standards established by the planned residential development use
11
permit, the project will have adequate pedestrian and vehicular access; and
WHEREAS, the approval of Use Permit No. 3618 to allow a planned residential development
will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing or working in the neighborhood or be detrimental or
injurious to property or improvements in the neighborhood or the general welfare of the City, for the
following reasons:
• The proposed planned residential development will not
significantly alter the land use and development pattern of
Bay Island.
•
That the PRD will allow Bay Island to continue to be
developed with dwelling units, densities and property
development standards which are consistent with those in
the surrounding area_
WHEREAS, on October 23, 1997, the Planning Commission of the City of Newport Beach
held public hearings regarding Use Permit 3618; and
WHEREAS, on November 24, 1997, the City Council of the City of Newport Beach held a
public hearing regarding Use Permit 3618; and
WHEREAS, the public was duly noticed of the public hearing; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that
the proposed amendment is categorically exempt under Class 7, minor alterations in land use
limitations.
Id
THE CITY COL?'CIL OF THE CITY OF \EWPORT BEACH DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1: Use Permit 3618 is hereby approved to establish the following land use and
property development, regulations for Bay Island:
1.5 Bav Island - PR D. All development shall conform to MFR District regulations
unless modified by the following:
1.5.1 Setbacks and Encroachments.
A_ "Major Structures" shall conform to setbacks and envelopes as illustrated
on Building Site Map dated 8 -15 -97 which defines the Buildable Area of
these sites.
B. "Minor Structures" such as sun shades, decks, railings, stairs, etc., may
encroach into the area illustrated with a maximum railing height of 42"
above the main living floor. Porches and decks, roofs, etc., to serve floors
above the main living floor shall be cantilevered and shall not encroach
more than 5' into the front yard (bayside) or more than 4' into the rear yard
(interior or "park" side). Roofs may encroach an additional 2'.
1.5.2 Gross Floor Area
Gross Floor Area shall not exceed 2.5 times "buildable area."
1.5.3 Land Us e
Each site designated on the map of Bay Island shall permit the construction of only
one single family unit. The existing caretaker's residence and the tennis court are
permitted as accessory uses to the single family units.
1.5.4 Parkine
A parking structure built and owned by the Bay Island Club and located on Lots 2,
3, 4, 5; 6, Block 3, East Newport Tract provides parking for 48 cars, 37 covered and
11 uncovered. Two off - street parking spaces, including one covered, shall be
i3
maintained for each dwelling unit, including any caretaker's residences.
1.5.5 Building Height
Building height shall be 24', using the measurement of height defined in the
Newport Beach Zoning Code, Chapter 20.65. This may be increased to a maximum
of 28' with the approval of the planning Commission if it is deemed compatible and
consistent with the height and scale of adjacent and surrounding dwellings.
I.5.6 Nonconforming Buildings and Structures
Buildings and structures made nonconforming due to the adoption of this planned
residential development use permit or by ordinance changes may be continued
subject to the provisions of Chapter 20.62 of the Newport Beach Zoning Code.
1.5.7 Modification Permits!Variances
Modifications and variances to the property development regulations established by
this planned residential development use permit or the Zoning Code may be granted
under the provisions of Chapter 20.93 and Chapter 20.91, respectively, of the
Newport Beach Zoning Code.
1.5.8. Public Safetv Imorovemenu
All new structures shall be fully automatic fire sprinklered in conformance with the
requirements specified by the Newport Beach, Fire and Marine Department.
All existing structures shall be retrofitted with automatic fire sprinklers in
conformance with the requirements specified by the Newport Beach Fire and Marine
Department when the valuation of any new construction or alterations exceeds
$50,000.
Fire sprinkler system for each residential dwelling unit shall be installed on the
dwelling unit's domestic water line. It shall be installed ahead of the pressure
regulator so that the fire sprinkler system will be pressurized when the 6" fire main
is pressurized.
i�
Since the domestic and five 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
ATTEST:
CITY CLERK
MAYOR
15
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF \EW'PORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2004.23 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th
day of March, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: -None
Absent: None
Abstain: Alone
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seat of said City this 10th day of March, 2004.
(Seal)
14"::�
City Clerk
Newport Beach, California
1(0
Bay Island PRD Building Site Map
EXHIBIT B
11
(]
Jy .
Correspondence from Bay Island
Architectural Committee
EXHIBIT C
Iq
Dec 01 2006 10:06AM
1[510) 594 -9026 p.2
]DAY ISLAND CLUB
INCORPORATED 1903
Planning Department
City of Newport Beach
Newport Beach, CA 92661
November 30, 2006
Re: Home Reconstruction of Bay Island No. 15
Dear Sir or Madame,
This is to advise that the Bay Island Club has approved the Ray's plans for the
remodeling of their residence at 415 Bay Island. If you have any questions, please do
not hesitate to call me.
Maureen Jenks Queno, President
Bay Island Club
Page 2 of 2 reeved on 12Nl2000 12:02:08 PM ]Central Standard Time] for 4378933.
at
Existing Site Photographs
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