HomeMy WebLinkAbout2008-1 - Approving Planned Community Development Plan Amendment No. 2007-004 for Property Located at 919 Bayside Drive (PA 2007-166)ORDINANCE NO. 2008-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. 2007 -004 FOR PROPERTY LOCATED AT 919 BAYSIDE
DRIVE (PA 2007 -166)
WHEREAS, on November 3, 2005, the Planning Commission adopted Resolution No.
1679 recommending that the City Council approve Code Amendment No. 2005 -007, The
Bayside Residential Planned Community District Development Regulations (PC Development
Plan), Newport Tract Map No. 2004 -001, and Coastal Residential Development Permit No.
2005 -001, and adopt a Mitigated Negative Declaration (SCH No. 2005 - 061019) for
development of a 17 -lot single -unit residential subdivision located at 919 Bayside Drive
(Project); and
WHEREAS, on March 14, 2006, the City Council adopted Resolution No. 2006 -20
approving Newport Tract Map No. 2004 -001 to subdivide the property and adopted Ordinance
No. 2006 -6 (approving Code Amendment No. 2005 -007 and the PC Development Plan) to
establish a Planned Community (PC) zoning designation for the property and provide
development regulations for the Project and new PC zone; and
WHEREAS, an application was filed by UGS Development Inc. to amend the PC
Development Plan in order to comply with the conditions of the Coastal Development Permit
for the project and to clarify the development standards contained in the plan; and
WHEREAS, on December 6, 2007, the Planning Commission considered the
application at a noticed public hearing held in the City Hall Council Chambers, 3300 Newport
Boulevard, Newport Beach, California. A notice of time, place and purpose of the hearing was
given in accordance with the Municipal Code. Evidence, both written and oral, was presented
to, and considered by, the Planning Commission at the meeting; and
WHEREAS, the Planning Commission voted (7 -0) to recommend approval of the
planned community development plan amendment to the City Council; and
WHEREAS, on January 8, 2008, the City Council considered the planned community
development plan amendment at a noticed public hearing held in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the hearing was given in accordance with the Municipal Code. Evidence, both
written and oral, was presented to, and considered by, the City Council at the meeting; and
WHEREAS, the amended PC Development Plan sets forth use and development
standards for the Bayside Residential Planned Community District (PC -55). The regulations
provide suitable and adequate standards for future development including those relating to
uses, setbacks, building limits, floor area limits and signage; and
WHEREAS, the amended PC Development Plan for the development of a 17 -lot single -
unit detached residential subdivision is consistent with the General Plan land use designation
of Multi -Unit Residential.
WHEREAS, the amendment is necessary to implement the conditions of approval of
the Coastal Development Permit for the Project; and
WHEREAS, the amendment is minor in nature, consistent with the intent of the original
development plan approval, does not result in an increase in density or intensity, and does not
create any additional environmental impacts beyond those analyzed in the Mitigated Negative
Declaration for the Project.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: The Bayside Residential Planned Community District Development
Regulations shall be amended as provided in Exhibit "A ".
SECTION 2: All property and uses within the planned community shall be subject to the
regulations contained in the Bayside Residential Planned Community District Development
Regulations.
SECTION 3: The Mayor shall sign, and the City Clerk shall attest to, the passage of
this Ordinance. This Ordinance shall be published once in the official newspaper of the City,
and the same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on January 8, 2008, and adopted on January 22, 2008, by the following
vote, to wit:
AYES, COUNCIL MEMBERSHenn,Rnsanskv, Daigle, Webb, Curry,
Gardner, Mayor Selich
NOES, COUNCIL MEMBERS None
ABSENT, COUNCII
ATTEST:
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T11TWO1
EXHIBIT "A"
n016)c..:: : • : ,
(9I 9 BAYSME DRIVE)
Bayside Residential
Planned Community District
Development Regulations
Newport Beach, California
Adopted by Ordinance No. 2008 -1
TABLE OF CONTENTS
Bayside Residential Planned Community District Regulations
Page
Introduction........................................................................... ............................... 1
ProjectDescription ............................................................... ............................... 1
Section I Statistical Analysis ............................... ............................... 6
Section II Development and Use Regulations ..... ............................... 6
List of Figures
Figure I General Site Location .......................... ............................... 4
Figure II Land Use Plan ..................................... ............................... 5
Figure III Perimeter Setback Exhibit .................. ............................... 10
Figure IV Districting Map .................................... ............................... 11
INTRODUCTION
The subject of this document is a 4.09 -acre parcel on Bayside Drive that has been
designated as "Bayside Residential Planned Community District' on the Districting Map
for the City of Newport Beach. The designation was adopted to allow subdivision of
the parcel into no more than 17 single - family lots and subsequent construction of custom -
designed, luxury homes. The Bayside Residential Planned Community District
designation and 'Bayside Residential Planned Community District Development
Regulations" have been adopted consistent with Chapter 20.35, 'Planned Community
District', of the Newport Beach Zoning Code.
The project site is designated Multi - Family Residential in the Land Use Element of the
General Plan. This designation permits both single - family and multiple- family dwellings;
however the Bayside Planned Community does not permit more than one unit. per
number lot within the subdivision. The 4.09 -acre parcel will be developed consistent with
the General Plan and with regulations set forth herein and with all applicable ordinances,
standards, and policies of the City of Newport Beach.
All terms within this document shall be defined herein or they shall derive their meaning
from the Newport Beach General Plan and /or Municipal Code. Where this document is
in conflict with similar provisions of the Municipal Code, this document shall control.
Where this document does not address a particular land use, zoning or development
issue, the Municipal Code shall control. Nothing within this document shall be construed
to relieve any party from compliance with all applicable laws, guidelines, policies of the
Newport Beach Municipal Code.
The subject property is located within the Coastal Zone and development pursuant to
this PC Text will require compliance with Coastal Development Permit 05 -06 -145 issued
by the California Coastal Commission.
The general site location and land use plan for the subject property are set forth in
Figure 1 and Figure 2.
PROJECT DESCRIPTION
The Promontory Bay area of Newport Beach is bounded by Newport Bay, Marine
Avenue /Jamboree Road and East Coast Highway where the project site is generally
located. The Bayside Residential Planned Community District is within this area and is
located on the south side of Bayside Drive between Promontory Channel, Newport Bay
and the Cove Condominiums across from a neighborhood retail shopping center
(Bayside Center) anchored by a supermarket. The Cove Condominiums (multiple- family
residential dwellings) are located to the east of the subject property.
Vehicular access to the planned community is provided from Bayside Drive by a single
access. A bulkhead provides sufficient water depth at the south property line for
1
34 private boat docks and access to the North Channel of Newport Bay. A twelve -foot
wide sidewalk/bike path adjoins the property frontage at Bayside Drive.
An existing 10- foot -wide irrevocable public access easement extends from Bayside Drive
along the westerly boundary of the planned community to the waterfront at the North
Channel of Newport Bay. Redevelopment of the subject property pursuant to this
Planned Community text requires reconfiguration and reconstruction of improvements
within this easement to improve public pedestrian access to the waterfront. These
include a new 8 -foot wide sidewalk and a two -foot wide landscaped planter. The
easement includes a viewing platform at the southwest corner of the planned community.
A 6 -foot wide gangplank extended from the viewing platform to a 6- foot -wide floating
walkway parallel to the waterfront at the time of development approval. Development of
the property pursuant to the Planned Community text includes removal of the gangplank
and dedication of an 8- foot -wide public access easement parallel to the waterfront at the
North Channel. This 8 -foot wide easement is comprised of a 3 -foot wide, on -land
component adjoining a 5 -foot wide segment cantilevered over the surface of the water.
The width of each easement component is measured from the centerline of the existing
bulkhead. Development of the property is conditioned upon construction of an 8 -foot
wide sidewalk on this easement.. Both the easement and the walkway extend from the
existing, on -land easement along Promontory Bay along the westerly property line of the
subject parcel to the easterly property line.
An easement to accommodate a ramp and walkway segment (Americans with Disability
Act - compliant) outside the boundaries of the Tentative Tract Map are shown on the
Tentative Tract Map 15323. Dedication of the easement and construction of the ramp are
conditions of project approval. The easement and ramp. extend from the bulkhead
walkway to the easterly end of the existing floating walkway at the project site where the
walkway continues along the waterfront at the Cove Condominium property to the east.
The easement and walkway provide unobstructed public access to the waterfront. The
ramp will also provide access to the private boat docks.
The 4.09 -acre project site is to be developed as a community of custom - designed,
single - family homes. Newport Tentative Tract Map No. 2004 -001 (Tract 15323) was
approved with this PC Text and accommodates creation of no more than 17 single - family
lots represented as numbered lots on the Tract Map. All lettered lots are in common and
are intended to accommodate common amenities and other improvements and are not
developable for residences.
Common area facilities include a street providing access to all lots, a recreation lot which
may include a pool, and landscaped areas. A 6 -foot wide fire access easement, that
must remain PUBLIC, open and unobstructed at all times, connects the loop road to the
public walkway.
2
Adoption of the PC designation and text provided the City the means to maintaining
and enhancing public access to the waterfront. Development standards incorporated in
the PC Text accommodate residential development consistent with the General Plan
Multi - Family designation, yet of reduced scale than might otherwise be allowed, as a
suitable transition from Bayside Drive to the waterfront.
3
VICINITY MAP
NORTH BAY ROAD - T.M. 15323
PLANNED COMMUNITY DISTRICT
ADAMS STREETER
CIVIC E.AI.CINEER$ 1N�.
15 Carporote Park, Maine, CA 92606
Ph; (949) 474 -2330 Fog; (949 '474 -0251
NOT TO SCALE COIN m: MARK NGUYEN
LAND USE FLAN
NORTH BAY ROAD - T.M. 15323
.PLANNED COMMUNITY DISTRICT
MULTI- FAMILY
RESIDENTIAL
RETAIL & SERVICE
COMMERCIAL
SINGLE
FAMILY
DETACHED
i
O
O �Iy eRY �
d
RECREATIONAL MULTI - FAMILY
�C RESIDENTIAL
& MARINE
COMMERCIAL PC SINGLE FAMILY RESIDENTIAL
T.M. 15323
t!trATERNiP:Y
EXIST. DOCKS
FIGS p
ADAMS + SpjgTER
GiVIL ENGWEIERS, 1W.
NOT TO SME 15 Onorata Pork Icft CA
aN fM) 474 -2oo fmr: (R% aza,MI
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5
SECTION I STATISTICAL ANALYSIS
1. Area of Development
Total Area: 4.09 Acres
2. Site Area and Usaae
SECTION 11 DEVELOPMENT & USE REGULATIONS
1. Permitted Uses
A. Single- family, detached dwellings
B. Accessory structures (i.e. garages, gazebos, barbeques, fences, walls, etc.)
C. Recreation facilities ancillary to residential uses
D. Model homes and on -site sales office
E. Home occupations pursuant to the Zoning Code
2. Intensitv of Development
Maximum permissible number of units: 17 single - family, detached
dwellings
G9
LOT SUMMARY
LOT
DESCRIPTION
ACREAGE
LOTS 1 -17
RESIDENTIAL
2.74 Ac.
LOT A
RECREATIONAL
0.13 Ac.
LOT B
PUBLIC PEDESTRIAN INGRESS /EGRESS WITH
0.20 Ac.
AN EASEMENT DEDICATED TO THE CITY
LOT C
OPEN SPACE/LANDSCAPE WITH AN EASEMENT
FOR SIDEWALK/PUBLIC ACCESS DEDICATED
0.06 Ac.
TO THE CITY
LOT D
OPEN SPACE/ LANDSCAPE
0.07 Ac.
LOT E
PRIVATE STREET AND SIDEWALK WITH AN
EASEMENT TO BE DEDICATED TO THE CITY
0.72 Ac.
FOR PUBLIC ACCESS AND PUBLIC UTILITIES
LOT F
WATER FRONT WITH AN EASEMENT FOR
0.14 Ac.
PUBLIC ACCESS DEDICATED TO THE CITY
LOT G
OPEN SPACEILANDSCAPE WITH AN EASEMENT
0.03 Ac.
FOR A SIDEWALKIPUBLIC ACCESS, FIRE
ACCESS AND PUBLIC UTILITIES DEDICATED TO
THE CITY
TOTAL
4.09 Ac.
SECTION 11 DEVELOPMENT & USE REGULATIONS
1. Permitted Uses
A. Single- family, detached dwellings
B. Accessory structures (i.e. garages, gazebos, barbeques, fences, walls, etc.)
C. Recreation facilities ancillary to residential uses
D. Model homes and on -site sales office
E. Home occupations pursuant to the Zoning Code
2. Intensitv of Development
Maximum permissible number of units: 17 single - family, detached
dwellings
G9
3. Lot Area, Setbacks and Floor Area Limit
a. Minimum lot area shall be no less than 5500 square feet. All front and rear yard
minimum setbacks shall be as depicted on the attached exhibit, "Perimeter Setback
Exhibit" dated September 19, 2007.
b. All side yard minimum setbacks shall be 5 feet or as shown on the attached
"Perimeter Setback Exhibit' dated September 19, 2007.
c. Minimum 5 foot setback shall be required between each one -story building wall and
the front property line. A minimum 10 foot setback shall be required between each
two -story building wall and the front property line.
d. A minimum of 18 feet is required between the face of the garage door and the front
property line.
e. Maximum floor area is 1.75 x the maximum buildable area and not including
maximum 400 sq. ft. attributable to required, enclosed parking.
f. Maximum buildable area shall be the lot area less the minimum front, side and rear
yard setbacks.
4. Building Height
The baseline for measuring height shall be finished grade. The maximum permissible
height of any dwelling shall be 28 feet to the mid -point of a sloping roof or to the top of
a flat roof. The peak of a sloping roof shall not exceed 33 feet. If a roof -top deck is
proposed, the height of any protective railing shall be no higher than 28 feet. The
maximum permissible height of any accessory structure shall be 12 feet.
5. Building Pad Elevations
Building pads adjacent to the bulk -head along Newport Channel may be raised to
elevations as shown on Tentative Tract Map 2004 -001 (TRACT 15323) approved in
conjunction with adoption of this text.
6. Vehicular Access
The minimum width of the publicly accessible, privately owned and maintained streets
and drives shall be 36 feet measured curb to curb when parking is allowed on both
sides of the street and 32 feet curb to curb when parking is allowed on one side or no
parking is allowed. Curb -side parking spaces within Lot "E" shall be 8'x 22' minimum.
7. Parkin
The size of open and enclosed parking spaces and areas shall be as specified by the
residential parking standards contained in the Newport Beach Zoning Code.
A minimum of two (2) garage parking spaces shall be provided per dwelling. In
addition, a minimum of two parking spaces (side -by -side, not tandem) shall be
provided on the driveway to each garage of each single - family dwelling. A total of 19
curb -side parking spaces shall be provided on the street that provides access to each
buildable lot.
7
8. Si ns
All signs shall conform to all applicable sign standards of the Municipal Code. A sign
program for the Bayside Planned Community, consistent with Coastal Development
Permit 05 -06 -145, shall be submitted pursuant to Section 20.67 of the Zoning Code for
review and approval by the Planning Director.
9. Lighting
All lighting within the development shall be implemented and maintained in accordance
with applicable City Standards and shall be designed and maintained in a manner which
minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that
necessary for security. All plans for lighting shall be prepared and signed by a licensed
electrical engineer and shall be subject to review and approval of the Planning Director.
10. Fences. Hedges and Walls
Fences, hedges and walls shall be limited to three (3) feet in height in all front yard
setbacks and within rear yard setbacks of the waterfront lots (3 -15). Fences, hedges,
and walls shall be limited to six (6) feet in height in all other rear yards, and side yards,
including the perimeter wall at Bayside Drive.
Exception: Hedges along the perimeter wall along Bayside Drive shall be limited to
twelve (12) feet in height.
Exception: Open -work walls and fences that are ninety - percent of the wall plane open
(wrought iron in combination with pilaster) up to a maximum of six (6) feet in height are
permitted at the side property line of each waterfront lot (Lots 3 -15) and extending into
the rear yard from the setback line to the waterfront property line.
Walls that extend in the same plane as the front (driveway street -side) wall of a
dwelling into a required side yard for purposes of enhancing the entrance of an entry
courtyard may be up to twelve (12) feet in height.
11. Arbors and Trellises
Arbors and trellises. may project into front yards abutting the street provided no such
structure is closer than five (5) feet to the property line. The footprint area of such
structures shall not exceed forty (40) square feet with a maximum height of twelve (12)
feet. Arbors and trellises must be at least 50% open.
12. Barbeaues
Freestanding barbeques may project into . all residential rear yards provided a
minimum distance of five (5) feet is maintained between the barbeques and the
respective side and rear, property lines. No barbeque including chimney may exceed
five (5) feet in height.
0
13. Structures in Common Areas
Freestanding structures such as entry arbors, trellis, and colonnades are permitted in
common areas. Said structures are limited to twelve (12) feet in height. Entry arbors,
trellises, and colonnades must be at least 50% open and shall be located at least five
(5) feet from the nearest property line or lines.
Freestanding fireplaces or barbeques in common areas are permitted with a
maximum height of ten (10) feet and subject to compliance with the requirements of
the Uniform Building Code. Fireplaces and barbeques must be located at least four
(4) feet from the nearest property line or lines.
14. Maintenance of Public Access
Maintenance of all public access as required by Coastal Development Permit 05-06-
145 shall be provided by the Homeowner's Association.
15. Ownership and Maintenance of Streets
For purposes of this document, "publicly accessible, privately owned and maintained
streets and drives" shall be defined as privately owned and maintained with an
easement granted to the City of Newport Beach for permanent 24 -hour public
vehicular and pedestrian access per Coastal Development Permit 5-06 -145 and as
shown on Tentative Tract Map No. 15323.
0
P TER SETBACK EXHIBIT
NORTH BAY ROAD - T.M. 15323
CITY OF NEWPORT BEACH
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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 the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2008 -1 as 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 22nd
day of January 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of January 2008.
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
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 Ordinance No. 2008 -1 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: January 26, 2008.
In witness whereof, I have hereunto subscribed my name this5 �)
2008. r ld day of U a
City Clerk
City of Newport Beach, California