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HomeMy WebLinkAbout99-20 - Approving an Amendment to the Balboa Bay Club Planned Community District to Establish the Permitted Gross Floor Area and Establish Specific Provisions Related to the Height of Buildings and Architectural Features (Planning Commission Amendment No.• ORDINANCE NO. 99 -?0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE BALBOA BAY CLUB PLANNED COMMUNITY DISTRICT TO ESTABLISH THE PERMITTED GROSS FLOOR AREA AND ESTABLISH SPECIFIC PROVISIONS RELATED TO THE HEIGHT OF BUILDINGS AND ARCHITECTURAL FEATURES (PLANNING COMMISSION AMENDMENT NO. 886) WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared; and WHEREAS, Section 20.51.045 of the Newport Beach Municipal Code provides that amendments to establish or amend a Planned Community Development Plan must be approved by an Ordinance of the City Council setting forth full particulars of the amendment; and • WHEREAS, the City Council has determined that the proposed amendment to the Balboa Bay Club Planned Community District Regulations is consistent with the General Plan; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, the Planning Commission conducted a public hearing on July 8, 1999, at which time this amendment to amend the Balboa Bay Club Planned Community District Regulations was discussed and determined to not significantly alter the character of the project as previously approved, and recommended approval of the amendment to the City Council; and WHEREAS, the City of Newport Beach has determined that the proposed project will not have a significant effect on the environment upon implementation of the mitigation • measures set forth in the previously certified Environmental Impact Report prepared for the project pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN, as follows: The Balboa Bay Club Planned Community District Regulations are amended, as follows: 1. SECTION II, Statistical Analysis, shall be amended to allow for 157 guest rooms and 240,000 gross square feet. 2. SECTION VI A 1, Building Height, shall be amended to provide that the height be measured from the elevation point of 11.50 feet MSL. 3. SECTION VI A 1, Building Height, shall be amended to include the following provisions: Architectural features in excess of the height limit may be permitted by the Planning Commission, subject to the approval of a Use Permit in each case. In considering architectural features pursuant to this provision, the Planning Commission shall find the following: • The size, scale and design of the feature are consistent with the design of the building. • The feature is no larger than necessary to achieve the architectural statement. • The feature will not significantly impact views from surrounding properties. • • There are no more features than needed for architectural interest and they are compatible with the architectural style. is This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on July 26, 1999, and adopted on the 9'" day of August, 1999, by the following vote, to wit: AYES, COUNCIL MEMBERS Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor.0'Neil NOES, COUNCIL MEMBERS GL:i MA • • • STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT 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 ordinance, being Ordinance No. 99-20 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 August, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil 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 August, 1999. (Seal) City Clerk of the City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 99 -20 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: August 14, 1999. In witness whereof, I have hereunto subscribed my name this 1999. City Clerk of the City of Newport Beach, California day of