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RESOLUTION NO.
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 36181
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 ofthe 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
A
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 5, minor alterations in land use
limitations.
THE CITY COUNCIL OF THE CITY OF NEWPORT 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 Bay 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
11 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 Safety Improvements
All new structures shall be fully automatic fire sprinklered in conformance with thb
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 November 24, 1997, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
ATTEST:
CITY CLERK
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EWPo CITY OF NEWPORT BEACH
OQ� ,RAm COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
G S Sapp NEWPORT BOULEVARD
NEWPORT BEACH CA 92658
L/FOM1N
(7-4)644-52—, FAX (714) 6i -5250
Hearing Date: November 6, 1997
Discussion Item: A
Staff Person: Patrick J. Alford
(714) 644-3235
City Council Review: 14 Days
REPORT TO THE PLANNING COMMISSION
PROJECT: 13 Bay Island (Donald Haskell, applicant)
SUMMARY: Request to exceed the base height limit to the maximum height limit for a
part of a new single family dwelling unit to be constructed on Lot #13 of the
Bay Island Club.
BACKGROUND
On October 23, 1997, the Planning Commission recommended that the City Council approve a
planned residential development (PRD) use permit for Bay Island. The City Council hearing on the
Bay Island PRD use permit is scheduled for November 10, 1997.
ANALYSIS
The Bay Island PRD allows the base height limit of twenty-four (24) feet to be exceeded up to the
maximum height limit of twenty-eight (28) feet' with the approval of the Planning Commission. In
order to exceed the base height limit, the Planning Commission must find that the project is
"compatible and consistent with the height and scale of adjacent and, surrounding dwellings."
The request is to allow a part of a proposed single family dwelling unit to exceed the base height
limit up to the maximum height limit. The area in question is a third level bedroom containing
approximately five hundred (500) square feet of floor area. The midpoint of the roof plane of the
third level is at twenty-eight (28) feet (see Sheet #8 of the building plans).
Staff believes that the proposed dwelling unit is compatible and consistent with the height and scale
of the adjacent dwelling unit. The only dwelling unit immediately adjacent is on Lot #14; the other
adjacent areas are either developed with recreational facilities or used as open space. The outline
of the profile of the Lot #14 dwelling unit is depicted with a dotted line on Sheet #7 of the building
plans. The proposed dwelling unit is lower in height and the smaller in scale than the dwelling unit
of Lot #14.
The measurement of height of structures in the Bay Island PRD is the same as that prescribed
by the Zoning Code. In the case of a sloped roof, the measurement is the vertical distance
between the grade and the midpoint of the roof plane, provided no part of the roof extends
more than five (5) feet above the,height limit. In this case, the height is measured at an
elevation of 6.27 feet, because the site is located within a flood hazard area,
413 Bay Island
Novcmbcr 6, 1997
Page 1
Staff believes that proposed dwelling unit is compatible and consistent with the height and scale of
the adjacent dwelling unit and recommends that the Planning Commission approve the request to
exceed the base height limit.
Should the Planning Commission approve the request, the approval will not be effective until such
time as the City Council approves the proposed Bay Island PRD use permit.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Attachment: Bay Island Building Site Map.
F:\USERSTLN\PALFORDWPORTS\BAYISLEI PCI
Prepared by:
PATRICK J. ALFORD
Senior Planner
5�� —;� ,
#13 Bay Island
November6, 1997
Page 2
City of Newport Beach
Planning Commission Minutes
October 23, 1997 INDEX
201h.
With 8Qe absence, the motion carried by acclamation.
•••
SUBJECT: J. B. Collins (on behalf of J. B. Collins/807 Lido Item No. 5
N. Partners LLC) Resub No. 1029
4,
812 East Balboa Boulevard
• esubdivisionNo.1029
Planning Commission consid\pa
al of the decision of the Continued to
Modifications Committee whquest to resubdivide two 11/20/97
adjoining parcels of land ir single-family detached
residential development withe minimum lot width and
area requirements.
Applicant has requested that this item be
Motion was made by Commissioner Ridgeway to conhis item to
November 201h.
With one absence, the motion carried by acclamation.
SUBJECT: Bay Island (Bay Island Club, applicant) Item No. 6
• Use Permit 3618 Use Permit No. 3618
A planned residential development use permit to establish land use and Recommended
property development regulations for the Bay Island community. for approval
Ms. Temple noted that there were additional requirements as noted in
the resolution of adoption relating to fire and water service. The
applicant's representative Mr. poker and Fire Marshall Dennis Locker
have been working to refine the provisions that are contained in
Section 1.5.8 Public Safety Improvements within the resolution as follows:
1. Require that all new structures permitted for construction on Bay
Island must be fully automatic fire sprinklered in conformance with
the requirements specified by the Newport Beach Fire and Marine
Department.
2. Require that all existing structures must 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 permit for construction or alteration exceeds $50,000 in a one-
31
City of Newport Beach
Planning Commission Minutes
October 23, 1997
year period.
3. Fire sprinkler system for each residential dwelling -shall be installed on
the dwelling units domestic water line. It shall be installed ahead of
the pressure regulator so that fire sprinkler system will be pressurized
when the six-inch fire main -is pressurized.
4. Require that the applicant provide the City with a hold harmless
letter indemnifying the City from damage due to contamination
should the Fire and Marine department use the current system.
It is known that Bay Island is a unique and unusual development within
Newport Beach with no vehicular access and is one of the oldest
habitated areas. It has an older infrastructure and is quite difficult to
serve from a fire service standpoint.
At Commission inquiry about the floor area ratio, Ms. Temple stated that
the existing PRD was designed to reflect the more contemporary
development on the island. The PRD document establishes a mapping
of building sites without actually subdividing the island into lots. The
floor area ratio is a recognition that these are essentially footprints with
a modest amount of allocated front and rear yard patio space and are
not conventional lots. They do not take into account the great amount
of common open space on the island that is useful for all of the
residents, so in this case a higher floor area ratio was considered
warranted and reflective of the existing development.
Commissioner Fuller asked for clarification that there are twenty-five
buildable sites counting the caretaker site, what would happen if one
of the houses that takes up two lots is. demolished in the future, we
require that two parking spaces be provided for each lot. Where would
the additional parking spaces be if the parking structure only contains
48 cars?
Public Comment was opened.
Mr. Bill Ficker, 1127 Granville, consulting architect and planner for the
Bay Island stated that they have been working with staff for a year to
integrate Bay Island with the new zoning of Newport Beach. The
decision was made that it should be a Planned Residential
Development (PRD). It is a unique piece of land with unique ownership.
He has read the report and it reflects accurately what we were trying
to achieve with the zoning for Bay Island. It reflects consistency of use
that is existing. Answering the parking question posed, that may well be
a restriction in the future if Bay Island can not find a place for two other
parking places they may not be able to develop that lot or they may
have to do away with the caretaker's unit. (Referencing the exhibit on
the wall, he referred to two lots that are open space and not building
sites). They concur and agree with the items brought up and urges the
32
INDEX
City of Newport Beach
Planning Commission Minutes
October 23, 1997
Commission to recommend approval of this PRD.
Public Comment was closed.
Motion was made by Commissioner Ridgeway to recommend lathe
City Council approval of Use Permit 3618 with the modifications
suggested.
With one absence, the motion carried by acclamation.
Additional
Business
a.)\ City Council Follow-up - Oral report by the Assistant City Manager
regarding City Council actions related to planning- none
b.) O I report by the Planning Director regarding the approval of
Out or Dining Permits, Planning Director's Use Permits,
Modifi ation Permits and Temporary Use Permits - An Accessory
Outdoo ining, Permit was issued for 2100 West Ocean Front; a
Lot Line justment was approved for 3141-3147 East Coast
Highway; difications were issued and a Resubdivision was
approved for 16 Breakers Drive.
b-I.) Temporary Use: Nelson's Market, located at 1660 San Miguel
Drive (corner of Pacific View Drive and San Miguel Drive, behind
the market):
• Discussion of a Tempor (Y Use Permit to allow the placement
of a 320 sq.ft. storage troller and a 200 sq.ft. office trailer for a
period of 90 days.
c.) Oral report from Planning Comm' sion's representative to the
Economic Development Committee
none
d.) Matters which a Planning Commissioner ould like staff to report
on at a subsequent meeting -
none
e.) Matters which a Planning Commissioner may h to place on a
future agenda for action and staff report- none
f.) Requests for excused absences -Commissioner Ash etiyas excused
from November 61h meeting. N
ADJOURNMENT: 10:40 p.m.
THOMAS ASHLEY, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
33
11.100
City of Newport Beach
Planning Commission Minutes
November 6, 1997
FILE COPY
13. Thdh aa,drainage study be prepared for the on -site drainage by
the appli bnt grand approved by the Building Department showing
how the on -site dtainaae is to be handled.
14. That this variance shall expire"Gnl ss exercised within 24 months
from the date of approval as speci i Section, 20.80.090A of
the Newport Beach Municipal Code.
SUBJECT: 13 Bay Island (Donald Haskell, applicant)
Request to exceed the base height limit to the maximum height limit for a
part of a new single family dwelling unit to be constructed on Lot # 13 of
the Bay Island Club.
Ms. Temple stated that at the last meeting Commission approved a
Planned Residential Development Use Permit special zoning provisions for
Bay Island. Those provisions included the Commission's ability on a minute
action to allow a higher height limit of 29 feet when the project would be
in scale with adjacent and surrounding dwellings. This is a house design
that was caught in a timing problem where the design was according to
the MFRs height standards and had received approval from the Bay
Island Association of this design. This action is to authorize the house
design to 29 foot height limit. Action will become effective once the
Council's action on the Use Permit is taken. This building is being reviewed
by the Commission in the context of ttte-neighboring properties on Bay
Island.
Public Comment was opened.
Tim Wilkes, 13 Rocky Glen; Irvine spoke on behalf of owner, Don Haskell.
He stated that this set of plans has been a finished design awaiting the
use permit for Bay Island. These plans have been previously approved by
the Bay Island Association prior to the zone code change. As the house
was designed it was completely in compliance with the zoning code in
effect at that time. Under the new provisions of the use permit for Bay
Island, he is here to be able to go to the 29 feet which is geographically'
located in the center of the house. Every house on this particularside of
Bay Island, goes to 29 feet.
Staff noted that as a discussion item there is no requirement for noticing.
However, the Bay Island representatives are aware of this project. The
Association has previously approved this design as the plans have been
39
Discussion
Item A
Approved
INDEX
City of Newport beach
Planning Commission Minutes
November 6, 1997
on public display in the square
Public Comment was closed.
days for everyone to review.
Motion was made by Commissioner Ridgeway to accept the 29 feet.
Without objection, motion passed.
•}k
DbITIONAI BUSINESS; due to the lateness of the hour, no reports were
given
a.) \City Council Follow-up - Oral report by the Assistant City
Manager regarding City Council actions related to planning -none.
b.) Oral teport by the Planning Director regarding the approval of
Outdoor Dining Permits, Planning Director's Use Permits, Modification
Permits and Terriporory Use Permits -A Planning Director's Use Permit
was approved for'6Z1 Orchid Avenue; a Modification and a Lot Line
Adjustment were ciproved for 8 and 9 Corporate Plaza; a
Resubdivision was appppved for 602 Larkspur Avenue; Modifications
were issued for 621 Orchdrrl Avenue, 1736 Centella Place, 435 Redlands
Avenue, 2908 Broad Street,,, 2012 Yacht Resolute and 707 North Bay
Front. \_
c.) Oral report from Planning tiCommissionIs representative to the
Economic Development Committee*tnone.
d.) Matters which a Planning Commissioner would like staff to report
on at a subsequent meeting -none.
e.) Matters which a Planning Commissioner may wish to place on a
future agenda for action and staff report -none.
f.) Requests for excused absences -Commissioner Ashley asked to be
excused from the November 201h meeting.
ADJOURNMENT: 12:30 a.m.
THOMAS ASHLEY, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
40
Additional
Business
INDEX
City of Newport Beach
City Council Minutes
November 24, 1997
including the R3 District. As part of that process, the property of Bay Island
was rezoned to the MFR (multi -family residential) District with a planned
residential development overlay. The reason for this is that Bay Island while
it is fully developed with sin0v family dwellings is a single parcel with no
subdivision in place, therefi;re in order to have zoning consistent with the
existing development it was necessary to establish the MFR district. Staff
proposed the tool of the PRD Use Permit to establish the particular
development standards that would allow for and control and limit the
development to single family style development so apartments can not be
built in that area. The actual development standards were developed by an
architect working for the Bay Island organization and were concurred with
by the Planning Commission.
Mayor Edwards opened the public hearing.
Bill nicker, 417 30th Street, architect for Bay Island, requested that the
Council approve the subject use permit.
Hearing no further testimony, the public hearing was closed.
Motion by Council Member I-IcdLes to approve Use Permit No. 3618.
Without objection, the motion carried by acclamation.
PUBLIC HEARING TO CONSIDER THE ADOPTION OF
ORDINANCE NO. 97-38 GRANTING A NONEXCLUSIVE
OMMERCIAL SOLID WASTE COLLECTION FRANCHISE TO KE,Y
D OSAL, INC.
City Ma lger Murphy explained that (:his public hearing is pursuant to an
ordinance e Council adopted regulating non-exclusive franchising of
commercial s 'd waste activities. This applicant has provided all the
necessary inform 'on pursuant to that ordinance and staff is recommending
adoption of the ordi ce. - - -
Mayor Edwards opened tln )Llbhc hearing.
Madelene Arakalian, said that s company has been operating for several
years in Newport Beach and quests eel whefher the City has been collecting
fees from there. She spoke against th granting of the franchise since they
have operated without one for so many ye, s.
Mr. Murphy explained that there has been enfo ement action taken against
the applicant and staff is recommending appro since they have been
outside of the law and this will bring them into coup ce with the laws.
Motion by Mayor Pro Tem O'Neil to adopt Ordinance No. -38 granting a
Non -Exclusive Solid Waste Franchise to Key Disposal, Inc.; d authorize
approval of a subsequent franchise agreement with Key Di sal, Inc.
Without objection, the motion carried by acclamation.
Council Member Hedges said he would like to see a change to the
INDEX
Solid Waste
Franchise
Ord 97-38
(42)
Volume 51 - Page 517
City of Newport Beach
City Council Minutes
November 24,1997
INDEX
oy (mullet( Member '1'homvon to approve Use Permit No. 3612,
Study No. 112, and the acceptance )Pail environmental document.
ncil Member Dehay spoke in : ipliort of the project and said there are
ways to characterize as aplrlic•ation. She said this could be a flagship
css and new concept and will also get rid of a vacant old disintegrating
\Iiaad
id the toxic problems. She said that Council Member Glover has
cwith plans for Maritrct's Mile and she is not negating her
eut doesn't txgt cc with the characterization.
Council Men r Hedges nllbred :in ruuendment to the motion to shorten the
construction p od from 2.1 to 12 ntnnt•hs, however it died for lack of a
second.
Matron by Council AINIIllor (;lover to amend the motion to add Condition
#42, which states that , y ground sign shall not exceed a height of six feet,
however the sign may be •rntitked to exceed this limit with the approval n#'
the Plaruxing Director upon ct determination that the overall design of the
sign incorporates landscapin„� I'd archikoclural treatments which contribute
to the nesthetics of the prnieet oil rin,ling #s, that the addition of n pnle
sign a:; permitted by the Gil , sign code would detract from the
architectural elements iucnrpar;drd " do the I nildintr design.
The applicant concurred with the prop,i�Rrryl new condition an si,ttnga.
The amendment to tlw motion carriers by tilk4lowing roll call vote:
Ayes: Debay, Fledge:,, Mown% Noyes, jli vnr Edwards
Noes: Thmn,nn, O'Neil
Absent: None
Abstain: None
Council Member hedges nrncod to nnu•lul conditian IS X,��
to the 45 nilth
site distance to 55 nxplt, however the motion died ter laceconcl.
The main motion as anremlerl mrrivil Irr the tollowiug toll call vI
Ayes:
Thomson, Dobay, ()'Neil. Noyes, Mayor Edwards
Noes:
Hedges, Glover
Absent:
None
Abstain:
None
13. PUBLIC BEARING ON THE APPLICATION OF BAY ISLAND (BAY
ISLAND CLUB, APPLICANT) FOR USE PPRMIT NO..1618 - A
PLANNED RESIDENTIAL DEVELOPMENT USE PERMIT TO
ESTABLISH LAND USE AND PROPERTY DEVELOPMENT
REGULATIONS FOR TIIE BAY ISLAND COMMUNITY.
Planning Director Temple e p!.dur i shut this: particular use permit is to
establish design and .t.uoioad�N for the Bay Island area. When
the new zoning code wits adophol Neveta zoning districts were eliminated,
Volume 51 - Page 516
I
aEWPORr CITY OF NEWPORT BEACH
O� bm COMMUNITY AND ECONOMIC DEVELOPMENT
\ 9n PLANNING DEPARTMENT
U S 33� NEWPORT BOULEVARD
�NFORN�r NEWPORT BEACH, CA 92638
(7'9) 6i9'32o0: FAX (7-4) 6gi'3Z5°
Hearing Date:
Agenda Item No.:
Staff Person:
City Council Review:
REPORT TO THE PLANNING COMMISSION
PROJECT: Bay Island (Bay Island Club, applicant)
October 23, 1997
6
Patrick J. Alford
(714) 644-3235
Automatic
SUMMARY: A planned residential development use permit to establish land use and
property development regulations for the Bay Island community.
ACTION: Hold hearing; if desired, recommend to the City Council approval,
modification, or denial of:
• Use Permit 3618
LEGAL
DESCRIPTION: Portion of Section 34, Tract 65, Range 1 OW
•ZONING
DISTRICT: Multi -Family Residential (MFR) with a Planned Residential Development
(PRD) Overlay.
LAND USE
DESIGNATION: Residential Single Family Detached
OWNER: Bay Island Club
Bay Island (UP 3618)
October 23. 1997
Page 1
_ A
Newport
VICINITY MAP
Use Permit 3618
Subiect Property and Surrounding Land Uses
Current Land Use: The subject property is developed with 24 single family detached residential
dwelling units or sites, a caretaker residence, a tennis court, and open space.
To the north: Newport Bay
To the south: Newport Bay, with single family and two family residential beyond.
To the east: Newport Bay
To the west: Newport Bay
Bay Island (UP 3618)
October 23, 1997
Page 2
Points and Authority
Environmental Review (California Environmental Quality Act)
It has been determined that the project is categorically exempt under Class 5 (Minor
alterations in Land Use Limitations).
Conformance with the General Plan/Local Coastal Plan
The residential sites are designated Residential Single Family Detached and all other areas
are designated Recreational and Environmental Open Space. The Residential Single Family
detached land use classification is primarily for single family detached dwelling units.
However, both the Land Use Element and the Local Coastal Plan allow for other forms
of residential development with comparable densities. The project has a gross density of
4.6 dwelling units per acre, which is comparable with the densities of conventional single
family detached subdivisions.
• Conformance with the Zoning Ordinance
Multi -Family Residential (MFR) District establishes that multi -family residential dwelling
units are permitted by right. The Planned Residential Development (PRD) Overlay allows
planned residential developments with the approval of a use permit.
Project Development Characteristics
Former R-3
Existing
Proposed
District
MFR District
PRD
Gross Land Area (Acres)
5.5
Dwelling Units
Existing
22
Undeveloped Sites
21
Caretaker's Unit
I
TOTAL:
25
Max. Floor Area Limit
3
1.75
2.5
(Floor area: Buildable Lot Area)
Maximum Height (feet)
24-28/28-35
24/28
24/28
(By fight/with use perrnu)
Off Street Parking
48
48
48
Sites 925 and #26 are currently developed as one (1) dwelling unit. Site #21 is undeveloped.
Bay island (UP 3618)
October 23, 1997
Page 3
Backeround
Bay Island was classified as Restricted Multiple Family Residential (R-3) from 1936 until the R-3
District was deleted from the City's Zoning Code in 1997. Bay Island was then reclassified to the
Multi -Family Residential (MFR) District with a Planned Residential Development (PRD) Overlay.
Analysis
While Bay Island appears to be a conventional single family subdivision, it is actually a cooperative
with multiple dwelling units on a single parcel. Therefore, many of the City's conventional zoning
regulations, such as setback yards and floor area limits, are not directly applicable. For this reason,
a planned residential development is needed in order establish land use and property development
regulations for existing and future development in this community.
The PRD Overlay allows planned residential developments with the approval of a use permit.
Through the PRD use permit, the base MFR District land use and property development
regulations will be modified to accommodate the unique characteristics of the development.
Land Use
The proposed land use regulations are simple and straight forward: one (1) single family dwelling
is to be permitted on each building site. Staff recommends that the land use section be amended to
reference the caretaker's residence and tennis court as accessory uses.
Setback Yards
As stated above, Bay Island consists of a single parcel. Therefore, setback yards relate only to the
property line and not to the individual structures on the island. The PRD use permit addresses this
shortcoming by delineating building sites and establishing buildable areas for each. The building
sites and buildable areas are illustrated on a "Building Site Map" (Attachment #3). This plot plan
identifies the buildable area for "the principal structure as well as areas for -encroachment by -decks,
landings, patios, stairs and similar accessory structures.
The proposed building sites and buildable areas reflect the pattern of existing development on Bay
Island. Furthermore, they are equivalent to lot configurations and setback yards that have been
approved for planned unit developments approved in recent years elsewhere in the City.
Maximum Floor Area Limit
A floor area limit of 2.5 times the buildable site area is proposed. This means that the total gross
floor area in all buildings and structures cannot exceed 2.5 times the buildable site. This maximum
floor area limit is higher than the current limit of 1.75 times the buildable area, yet is lower than the
3 times buildable area that was permitted under the former R-3 District.
Bay Island (UP 3618)
October 23, 1997
Page 4
All of the development on Bay Island occurred under the R-3 District maximum floor area limit of
3 times the buildable area or at a time before floor area limits were established. Therefore, it would
be appropriate to establish a floor area limit that reflects the existing development. Furthermore,
any adverse visual impact associated with the higher floor area limit is offset by the island's large
open space areas.
Height
A height limit of twenty-four (24) feet is proposed, with the ability to increase the height limit
to twenty-eight (28) feet with the approval of the Planning Commission. The proposed height
limit is the same as the height limit zone of the adjacent R-1 and R-2 Districts. The proposed
height limit is also lower than the former R-3 District height limit which allowed heights of
twenty-eight (28) to thirty-two (32) feet on the rear half of the lot.
Staff recommends that the height limit section be amended to add language that the Planning
Commission must find that the project is "compatible and consistent with the height and scale of
adjacent and surrounding dwellings" in order to approve requests to increase the height limit. The
recommended revised text is provided in the draft resolution (Attachment #4).
Parkin
Bay Island is unique in that motor vehicles are prohibited. Off-street parking is provided at a
parking structure located at 501 West Bay Avenue. The parking structure provides forty-eight (48)
off-street parking spaces (37 covered and 11 uncovered).
These forty-eight (48) parking spaces would meet the off-street parking requirement if Bay Island
was a conventional single family detached subdivision. However, Bay Island is technically a multi-
family development. The parking standard for multi -family dwelling units requires an additional
one-half (0.5) parking spaces per dwelling unit for guest parking. Moreover, The PRD Overlay
District parking requirement is even higher, requiring two (2) covered parking spaces per
dwelling unit, and two (2) parking spaces per dwelling unit for visitors and guests.
The existing development does not provide enough off-street parking to meet the current
requirement nor can it meet the requirement of the PRD Overlay District. However, it has
functioned adequately under the current off-street parking arrangement for many years. The
Planning Commission has the authority to modify the off-street parking requirement under the
provision of Section 20.66.100 of the Zoning Code by finding that the probable long-term
occupancy of the site will not generate additional parking demand.
Staff believes that this finding can be made. The long-term use of Bay Island is the equivalent of
a single family development and the off-street parking supply is equal to that of the requirement
for single family residential dwelling units. Furthermore, the proposed plarmed residential
bay Island (UP 3618)
October 23, 1997
Page 5
r�
development use permit contains no provisions which would result in an intensification of
development nor in an increase in the off-street parking demand.
The parking structure is sufficient for the existing twenty-two (22) dwelling units, the caretaker's
unit and the undeveloped site (Site #21). However, Sites #25 and 426 are currently developed as
one (1) dwelling unit. Should Sites #25 and 426 be developed as two (2) dwelling units, two (2)
additional off-street parking spaces will have to be provided. Therefore, staff recommends that the
parking section be amended to clarify that two (2) off-streetparking spaces (including one covered)
will be provided for each dwelling unit, including any caretaker's residences. The recommended
revised text is provided in the draft resolution (Attachment #4).
Public Street Waiver
The PRD Overlay District requires that the project be bounded on all sides by public streets.
Obviously, this is not possible with Bay Island. However, the Planning Commission can waive
this requirement if is determined that the waiver "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 development is located."
The project has not negatively affected the pedestrian and vehicular system in the past seventy-
five years. There are some issues relating to emergency access (see discussion below); however,
with the standards established by the planned residential development use permit, the project will
have adequate pedestrian and vehicular access.
Fire Safety
The Fire and Marine Department has determined that the property does not have adequate access
for emergency response. Therefore, the Fire -and Marine Department is recommending that
automatic fire sprinklers be required on all new structures and on all remodels with improvements
of $105000 or more. The costs associated with this requirement are not significant and will help
mitigate the negative consequences of the limited access to the property.
The Fire and Marine Department has also determined that the existing water supply system needs
upgrading. Currently, both the domestic and the firefighting systems use the same water supply.
This allows the opportunity for the domestic water supply to become contaminated by non -
potable water. Furthermore, the need to increase water pressure during firefighting operations
will over -pressure domestic water appliances such as toilets, sinks, and dishwashers and
potentially cause significant property and water damage. The Fire and Marine Department is
therefore recommending a condition requiring the applicant to work with the City to determine
the best method of separating the domestic and firefighting water supply systems.
Bay Island (UP 3618)
October 23, 1997
Page 6
RECOMMENDATION
Section 20.91.035 of the Municipal Code provides that in order to grant any use permit', the
Planning Commission shall find that the establishment, maintenance or operation of the use or
building applied for will not, under the circumstances of the particular case, be detrimental to the
health, safety, peace, morals, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use or be detrimental or injurious to property and improvements
in the neighborhood or the general welfare of the City.
In this particular case, based upon the analysis contained in this report, the findings for approval
can be made with the recommended conditions provided as Exhibit "A."
Staff cannot reasonably conceive of findings for denial since the proposed use, in this particular
case, conforms with the requirements of the Title 20 of the Municipal Code and does not appear
to have any detrimental effect on the surrounding neighborhood. However, should information
be presented at the public hearing which would warrant the denial of this application, the
Planning Commission may wish to take such action.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
&"," 4��4-4
Attachment: I. Exhibit "A"
2. PRD Use Permit Text
3. Building Site Map.
4. Draft resolution.
F:\USERS\PLN\PALFORD\REPORTS\UP3618.PCI
Prepared by:
PATRICK J. ALFORD
Senior Planner
Bay Island (UP 3618)
October 23, 1997
Page 7
BAY ISLAND
ZONING CODE
ANALYSIS AND RECOMMENDATIONS
The Ficker Group
William P. Ficker, AIA, NCARB
Dated: April 1, 1997
Revised: August 12, 1997
9
1. Overview
1.1 Reason for change. The action which has prompted this analysis and
recommendations is the City of Newport Beach update of the city's zoning
code. It has been completely reorganized and some zoning designations
eliminated, such as the R-3• - District which has been the designation for Bay
Island.
1.2 History.
1.2.1 Bay Island was zoned R-3. This designation was applied many years ago
because Bay Island is a single parcel with multiple dwellings on it.
Therefore, it did not fit under the R-1 District which would require
subdivision into single family building sites. Obviously, Bay Island's bylaws
and intent are in fact that the Bay Island Club members will build individual
residences.
1.2.2 It is interesting to note that the R-3 designation had been in effect for a long
time (adopted January 6, 1936). The R-3 District permitted rather
substantial development, such as a floor area of three times the buildable
area of the site and the permitted building heights were 24' on the front half
of the lot (this would be the half of the lot facing the interior green) and 28'
permitted with a use permit, and 28' permitted on the rear half of the lot
facing the Bay and 32' permitted with a use permit.
2) Rev.8-12-97
Obviously the houses on Bay Island were developed just the opposite of this
and both the Bay Island Board of Directors and the Newport Beach
authorities concurred in developing the parcels in a manner which was
consistent with the existing homes rather than totally consistent within strict
zoning application.
1.2.3 It is interesting also to note that, in all cases common sense prevailed in the
past and that massive homes inconsistent with what exists were not in fact
pursued or developed.
1.2.4 The zoning considerations have been and are independent of architectural
preferences and no architectural style has been imposed on the Bay Island
development which obviously accounts for the eclectic pallet of homes on
the Island whose design span well over 60 years.
/V
3) Rev 8-12-97
1.3.1 It appears that it would be best to provide as much leeway as possible for
the Bay Island Club members to develop their lots within the City zoning
code. As a co-op group, the Bay Island Club can always install more
restrictive requirements for development if they should so choose, and
within the limits of good judgment and legal considerations.
1.3.2 Basically what will be recommended herein will be zoning constraints that
will permit a Bay Island Club member to develop a dwelling unit
commensurate with similar size and mass as the neighboring properties have
been permitted in years past.
A zoning code should also not render a large portion of existing properties to
be non -conforming unless it was obvious that these properties, or the
majority of them, were to be torn down in the near future and a
redevelopment program was underway. This does not'seem to be the case
in Bay Island presently or historically.
Generally speaking, in Newport Beach and, of course, Bay Island, people
build to the limit on sideyard setbacks and front and back setbacks as well
because the lots are not large and particularly by today's standards, do not
even at maximum build out, create what are generally considered large
homes.
4) Rev.8-12-97
The three story elevations on the west side and in some cases, the 2 story
plus elevations on the east side of the Island have not been described as
unattractive, either by the Bay Island Club or within the community.
1.4.1 The zoning district classification for Bay Island is MFR or multi -family
residential. All multiple unit developments in Newport Beach will be
designated in this manner and there is no more R-2, R-3, 'R-4, etc.. Bay
Island will have a PRD overplay, which is a Planned Residential Development
overlay district. This PRD overlay will describe the permitted uses,
setbacks, height limits, etc., which will be particular only to Bay Island.
This is necessary because of the unique ownership and use of the Bay
Island property.
1.4.2 The following Section, 1..5 contains a copy of the proposed PRD overlay
Property Development Standards for Bay Island. Xhis PRD will be processed
as a use permit which will cover the entire Bay Island.
JCZ
5) Rev. 8-12-97
1.4.3 It is our opinion that with this use permit, or perhaps within the bylaws
there should be specific setback lines drawn on a map. This is particularly
important for the abnormal lots such as lots 12, 13 and 14, and lots 21 and
22 and lots 25 and 26. We have spent rather substantial time recently on
these key lots because of their size and, in some cases, irregular shape, and
it seems that if there is any further debate with regard to these setbacks or
forms that houses might take, that it should be resolved prior to a member
pursuing development of a home. It will be much less aggravating for the
association, and certainly provide better understanding for the City of
Newport Beach Planning Department of the objectives and priorities of Bay
Island planning.
43
1.5 R=V• LjWD -_PM. All developments shall conform to MFR District
regulations unless modified by the following:
1.5.1�.''
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,
g, "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 .G[nss Floar,A=-
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 dwelling.
1.5.4 P.arki• A parking structure built and owned by the Bay Island Club and
located on Lots, 2, 3, 4, 51 6, Block 3, East Newport Tract provides parking
for 48 cars, 37 covered and 11 uncovered, There are 24 single family
residences including the caretaker's residence.
Building Height shall be 24', as defined for sloping roofs, 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.
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Findings:
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use Permit No. 3618
That Bay Island was developed as a stock cooperative prior to the establishment
of City zoning regulations.
2. That a planned residential development use permit is necessary for the
administration of City zoning regulations on existing and future development on
Bay Island.
3. That 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.
4. That 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.
5. That 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.
6. That the 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.
7. That the waiver of the requirement that the planned residential development be
bounded on all sides by public streets will not be inconsistent with adequate
/h
standards of pedestrian and vehicular access and traffic circulation for the
development and for the area in which the development is located. The project
has not negatively affected the pedestrian and vehicular system in the past seventy-
five years and that with the standards established by the planned residential
development use permit, the project will have adequate pedestrian and vehicular
access.
8. That this project has been reviewed, and it has been determined that it is
categorically exempt from the requirements of the California Environmental Quality
Act under Class 5 (Minor Alterations in Land Use Limitations).
RESOLUTION NO. _
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO
THE CITY COUNCIL OF A PLANNED RESIDENTIAL
DEVELOPMENT USE PERMIT TO ESTABLISH LAND USE AND
PROPERTY DEVELOPMENT REGULATIONS FOR THE BAY
ISLAND COMMUNITY [USE PERMIT 36181
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 that 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 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, 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.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of
Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve
Use Permit 3618 to establish the following land use and property development regulations for Bay
Island:
1.5 Bay. 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 11 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 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 re retrofitted with automatic fire sprinklers in
conformance with the requirements specified by the Newport Beach Fire and
Marine Department when the valuation of any permit for construction or
alterations exceeds $10,000.
Improvements to separate the domestic water supply from the hydrant and
standpipe system shall be completed within six months of the effective date
of this planned residential development use permit.
10
ADOPTED this 23rd day of October, 1997, by the following vote, to wit:
M
NOES
ABSENT
M
Michael C. Kranzley, Chairman
Thomas J. Ashley, Secretary
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