HomeMy WebLinkAbout2004-23 - Bay Island Community Use Permit 3618RESOLUTION NO. 23
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING A PLANNED RESIDENTIAL
DEVELOPMENT USE PERMIT TO ESTABLISH LAND USE AND
PROPERTY DEVELOPMENT REGULATIONS FOR THE BAY
ISLAND COMMUNITY [USE PERMIT 3618)
WHEREAS, the Bay Island was developed as a stock cooperative prior to the establishment
of City zoning regulations; and
WHEREAS, a planned residential development use permit is necessary for the administration
of City zoning regulations on existing and future development on Bay Island; and
WHEREAS, the Land Use Element of the General Plan and the Local Coastal Program Land Use
Plan designate the site for "Residential Single Family Detached" residential uses and that a planned
• residential development is a permitted use within this designation; and
WHEREAS, the project is located within the Multi- Family Residential District and Planned
Residential Development Overlay District, which permits multi - family residential land uses and
planned residential developments; and
WHEREAS, Bay Island provides off - street parking for each dwelling unit which is equal to
that of the requirement for single family residential dwelling units. The off - street parking for Bay
Island has shown to be adequate for many years and that the approval of the planned residential
development use permit will not result in additional parking demand; and
WHEREAS, the waiver of the requirement that the planned residential development be
bounded on all sides by public streets will not=be inconsistent with adequate standards of pedestrian
and vehicular access and traffic circulation for the development and for the area in which the develop-
ment is located. The project has not negatively affected the pedestrian and vehicular system in the
past seventy -five years, and with the standards established by the planned residential development use
permit, the project will have adequate pedestrian and vehicular access; and
• WHEREAS, the approval of Use Permit No. 3618 to allow a planned residential development
will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing or working in the neighborhood or be detrimental or
injurious to property or improvements in the neighborhood or the general welfare of the City, for the
following reasons:
• The proposed planned residential development will not
significantly alter the land use and development pattern of
Bay Island.
• That the PRE) will allow Bay Island to continue to be
developed with dwelling units, densities and property
• development standards which are consistent with those in
the surrounding area.
WHEREAS, on October 23, 1997, the Planning Commission of the City of Newport Beach
held public hearings regarding Use Permit 3618; and
WHEREAS, on November 24, 1997, the City Council of the City of Newport Beach held a
public hearing regarding Use Permit 3618; and
WHEREAS, the public was duly noticed of the public hearing; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that
the proposed amendment is categorically exempt under Class 5, minor alterations in land use
limitations.
E
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS
is FOLLOWS:
SECTION 1: Use Permit 3618 is hereby approved to establish the following land use and
property development. regulations for Bay Island:
1.5 Bav Island - PRD. All development shall conform to MFR District regulations
unless modified by the following:
1.5.1 Setbacks and Encroachments.
A. "Major Structures" shall conform to setbacks and envelopes as illustrated
on Building Site Map dated 8 -15 -97 which defines the Buildable Area of
these sites.
B. "Minor Structures" such as sun shades, decks, railings, stairs, etc., may
encroach into the area illustrated with a maximum railing height of 42"
• above the main living floor. Porches and decks, roofs, etc., to serve floors
above the main living floor shall be cantilevered and shall not encroach
more than 5' into the front yard (bayside) or more than 4' into the rear yard
(interior or "park" side). Roofs may encroach an additional 2'.
1.5.2 Gross Floor Area
Gross Floor Area shall not exceed 2.5 times "buildable area."
1.5.3 Land Use
Each site designated on the map of Bay Island shall permit the construction of only
one single family unit. The existing caretaker's residence and the tennis court are
permitted as accessory uses to the single family units.
1.5.4 Parkin
• A parking structure built and owned by the Bay Island Club and located on Lots 2,
3, 4, 5, 6, Block 3, East Newport Tract provides parking for 48 cars, 37 covered and
I I uncovered. Two off - street parking spaces, including one covered, shall be
maintained for each dwelling unit, including any caretaker's residences.
• 1.5.5 Building Height
Building height shall be 24', using the measurement of height defined in the
Newport Beach Zoning Code, Chapter 20.65. This may be increased to a maximum
of 28' with the approval of the Planning Commission if it is deemed compatible and
consistent with the height and scale of adjacent and surrounding dwellings.
1.5.6 Nonconforming Buildings and Structures
Buildings and structures made nonconforming due to the adoption of this planned
residential development use permit or by ordinance changes may be continued
subject to the provisions of Chapter 20.62 of the Newport Beach Zoning Code.
1.5.7 Modification PermitsNariances
Modifications and variances to the property development regulations established by
• this planned residential development use permit or the Zoning Code may be granted
under the provisions of Chapter 20.93 and Chapter 20.91, respectively, of the
Newport Beach Zoning Code.
1.5.8. Public Safetv Improvements
All new structures shall be fully automatic fire sprinklered in conformance with the
requirements specified by the Newport Beach Fire and Marine Department.
All existing structures shall be retrofitted with automatic fire sprinklers in
conformance with the requirements specified by the Newport Beach Fire and Marine
Department when the valuation of any new construction or alterations exceeds
$50,000.
Fire sprinkler system for each residential dwelling unit shall be installed on the
dwelling unit's domestic water line. It shall be installed ahead of the pressure
• regulator so that the fire sprinkler system will be pressurized when the 6" fire main
is pressurized.
Since the domestic and fire system are common, Bay Island shall sign an
• indemnification agreement, which is agreeable to both the Bay Island Club and the
City of Newport Beach, indemnifying the City of Newport Beach for contamination
or damage to individual dwelling units or the common domestic water system from
pressurization of the fire line.
This resolution was adopted at a regular meeting of the City Council of the City of Newport
Beach held on March 9, 2004 , by the following vote, to wit:
AYES, COUNCIL MEMBERS Heffernan, Rosasnsky, Adams,
Bromberg, Webb, Nichols, mayor Ridgeway
NOES, COUNCIL MEMBERS None
•
ABSENT COUNCIL MEMBERS
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH I
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2004 -23 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th
day of March, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 10th day of March, 2004.
(Seal)
City Clerk
Newport Beach, California