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HomeMy WebLinkAbout2003 YACHT RESOLUTEI 7341-?9 AB00" 3 aM"`� .i . COMPLAINT NOTES DATE: COUNCIL DISTRICT �' 7 ADDRESS (OR LOCATION): k51 OF THE PROBLEM: TAKEN BY: CALLER'S PHONE NUMBER: CALLER'S NAME: ANONYMOUS: VISIBLE FROM PUBLIC WAY: YES NO TO BE ENTERED: ENTERED: M DATE: TO: FROM: SUBJECT: CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (949) 644-3200 April 25, 2000 City Council, City Manager and Planning Commission Planning Department Staff Approvals Attached for your information are: Copies of the letters of findings and conditions made by the Modifications Committee on March 29, 2000, which became final on April 12, 2000: Application Council District Action • Resub. 1084, 215 28°i St. (D. Britvich) 1 Approved • Mod. 5059, 3301 E. Coast Hwy. (Prudential CA Realty) 6 Approved • Mod. 5061, 606 W. Ocean Front (G. Barber) 1 Approved • Mod. 5062, 1813 W. Bay Ave. (D. Jensen) 1 Approved Copies of the letters of findings and conditions made by the Modifications Committee on April 5, 2000, which became final on April 19, 2000: • Resub. 1085, 503 Carnation Ave. (S. Ash) 6 Approved • NBLLA 2003-02 2003 Yacht Resolute/2001 Yacht Mischief (J. Miller) 7 Approved • Mod. 5064, 209 N. Bay Front (I. Harrison) 5 Approved • Mod. 5067, 4700 Surrey Dr. (R. Martin) 6 Approved Copies of the letters of findings and conditions made by the Modifications Committee on April 12, 2000, which barring an appeal to the Planning Commission or review by the City Council, will become final on April 26, 2000: • Condo Conv. 79, 603/603 '/2 Poinsettia Ave. (G. Hood) 6 Approved • Mod. 5068, 1424 Serenade Tern (M. Spain) 6 Approved • Mod. 5069, 1 Beacon Bay (T. Utman) 5 Approved • Mod. 5070, 216 Marguerite Ave. (Banker's Trust) 6 Approved 3300 Newport Boulevard, Newport Beach Copies of the letters of findings and conditions made by the Modifications Committee on April 19, 2000, which barring an appeal to the Planning Commission or review by the City Council, will become final on May 3, 2000: • Mod. 5065,1325 Bayside Dr. (L. Gunn) 6 Approved • Mod. 5066, 1407 $ayside Dr. (B. Fabrizio) 6 Approved • Mod. 5071, 18 Tumberry Dr. (Pacific Bay Homes) 5 Approved • Mod. 5073, 888 San Clemente Dr. (The Irvine Co.) 5 Approved • NBLLA/Mod. 5075,1363 Galaxy Dr. (J. Glabman) 4 Approved Section 20.95.010B of the Newport Beach Municipal Code provides that decisions of the Planning Director or Modifications Committee may be called up for review by the Planning Commission, or by the City Council for referral to the Planning Commission. Decisions of the Planning Commission may be called up for review by the City Council. Pet Johns n Brown l nQ Technician/Department Assistant 10 r+ CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT 644-3200 LOT LINE ADJUSTMENT PERMIT John P. and Jeannette A. Miller 2003 Yacht Resolute Newport Beach, CA 92660 Application No: Applicant: Address of Property Involved: Legal Description: April 24, 2000 N.B.L.L.A.2000-03 John P. and Jeannette A. Miller 2003 Yacht Resolute and 2001 Yacht Mischief Lot 37, Tract 9261 and Lot 1, Tract 9047 Lot Line Adjustment Request to adjust an interior property line between to Requested: residential properties for the purpose of a change in ownership for a portion of the property. Dear Mr. and Mrs. Miller: The Modifications Committee on, April 5. 2000, voted 3 ayes, and 0 noes to approve the application based on the following findings and subject to the following conditions. FINDINGS. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: I. The proposal is consistent with the General Plan since the lots are for single-family development, a permitted use in this area. 2. The project is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations ). 3300 Newport Boulevard, Newport Beach April 24, 2000 Page 2 • The project is a minor lot line adjustment which does not create any new parcel. • The project is in an area with an average slope less than 20%. • The project will not result in a change in land use or density since no additional lots will be created and the land use of single family residential use will be maintained. • The general exception to the Class exemptions is not applicable in this case Since no significant environmental effects will result from this project because the traffic and parking impacts will not change from that which would result from the use of the original subdivision. 3. The proposal will not be detrimental to persons, property or improvements in the neighborhood and that the lot line adjustment as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: • The project site consists of legal parcels. • No additional parcels will result from the lot line adjustment. • The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities because public improvements and infrastructure are existing. • The proposed lot widths and lot sizes are consistent with the surrounding area and the requirement of the Title 20 of the Newport Beach Municipal Code. 4. Based on the information of this particular case, the provisions of Title 19 of the Municipal Code (entitled Subdivisions) or the Subdivision Map Act, do not apply to the adjustment of lot lines between adjacent parcels of land and are excepted from such provisions. CONDITIONS. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership shall be submitted to the Public Works Department for review. 2. The lot line adjustment and grant deeds shall be filed concurrently with the County Recorder and County Assessor's Offices. NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.93,055 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $691.00. No building permits may be issued until the appeal period has expired. of April 24, 2000 Page 3 MODIFICATIONS COMMITTEE PLANNING DEPARTMENT By1� Eigetia Garcia, Associate Planner Chairperson EG:jrj cc: Charles 2001 Newpc P-C I.N• �.a II •N •Il t •� �1,• N w. M y I IWeM1 by ill a� � n IIJJ I,u i 41H ff M` F Y T; I I l . GaF OIC CANYON RESERVOIR NEWPORT BEACH LOT LINE* ADJUSTMENT NO.2000-03 1 v sr I To: Medina,, Paul Cc: Temple, Patty; Garcia, Genia Subject: NBLLA 2000-3 (2003 Yacht Resolute) Once the above referenced document has been recorded, would you please advise me by "E" mail so we may close our files on this matter. Thank you. Sinasek, Jim From: Garcia, Genia Sent: Wednesday, March 22, 2000 10:48 AM To: Sinasek, Jim Subject: 2003 Yacht Resolute I wanted to let you know that we did receive an application for a lot line adjustment for the Miller property. It is scheduled for April 5 Modifications meeting. I believe they had submitted the app prior to you asking me about this one. The file had not been set up yet, so I don't think a citation is warranted. Let me know. "D h` A/)YGL7q ;? CAD 0 3 3-21-2000 3.05PM FROM P•1 Fax Transmission Date: 3/21/60' To.- Planning Department From: Jeanette Miller Attn: Jim Sinasek Ref: ' Modification Permit 4555, Condition No. 3 CC: Gail Garcia Fax M 949 644-3250 Phone#: 949 644-3200 From: Jeanette Miller, 2003 Yacht Resolute Newport Beach, CA Fax#: 949 720-0462 Phone* 949 644-4576 Total Number of Pages 7 vovvvvvvnvvvvvavov[YVOonCoavvvvnvvvvvvvvvvvvavvvCavovobovvvvvvnvnvvvvovnnvvvvvvvvvvvva Dear Mr. Sinasek: In response to your letter dated March 16, our application was submitted to the Planning Dept. the week of March 6, and'a hearing date of April 5 has been scheduled. Paul Medina of the building Dept. said he would work with Roger Reimer of American First title for the exact wording of the quit claim deed. Everyone I have come into contact with in.the planning department has been very courteous and helpful. We are looking forward to a successful outcome on April, 5. 1 am sure you will be glad to get this off your agenda. Sincerely, Jeanette A. Miller Jim From: Garcia, Genie Sent: Wednesday, March 22, 200010:48 AM To: Sinasek, Jim Subject: 2003 Yacht Resolute I wanted to let you know that we did receive an application for a lot line adjustment for the Miller property. It is scheduled for April 5 Modifications meeting. [believe they had submitted the app prior to you asking me about this one. The file had not been set up yet, so I don't think a citation is warranted. Let me know. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658,8915 COMMUNITY AND ECONOMIC DEVELOPMENT Planning Department (949) 644-3200 March 16, 2000 John P. Miller, Tr. 2003 Yacht Resolute Newport Beach, Ca. 92660 Subject Property: 2003 Yacht Resolute (A.P. No. 458 561 38; Lot 37, Tract 9261) Newport Beach, California Dear Mr. Miller: As you realize, we have been attempting to help you obtain approval for the portion of your building that has been built beyond what is allowed by the Broadmoor Planned Community District. You have responded from time to time with various faxed responses to our concern and those faxes have served as periodic progress reports. However, our efforts to help you have been ongoing since November 25, 1998. Now, since this matter continues with no time definite resolution, we have little choice other than to encourage you to resolve this matter within the next seven (7) days. This means that your application to exceed the buildable portion of the property, with a lot line adjustment, must be in our office and filed on or before March 24, 2000. Your application should be filed with Genia Garcia, Associate Planner in the City's Planning Department. Should you be unable to accomplish our request, we will have little choice other than to increase our enforcement efforts, which we can very'simply avoid with your expeditious cooperation. I think we have been very fair with you and sufficient time has elapsed to accomplish your lot line adjustment since our initial efforts first began. Thank you for your understanding and for your cooperation in this matter. To discuss this letter, please contact me between the hours of 7:00 to 9:00 a.m. or 3:30 to 4:00 p.m. at (949) 644-3215. truly Supervisor Xc: Genia Garcia, Associate Planner Building Department 3300 Newport Boulevard, Newport Beach 2-29-2900 5_07PM FROM P. 1 Fax Transmission Date: 2129/00 To: Planning Department• Prom: Jeanette Miller Attn: Jim Sinasek ' Ref: . Modification Permit 4555, Condition No. 3 CC: Gail Garcia Fax #:949 644-3250 . Phone#: 949 644.3200 From; Jeanette Miller, • 2003 Yacht Resolute Newport Beach, CA Fax#: 949 720-0452 . ' Phone #: 949 6444576 Total -Number of Pages 1 vngaaboababanbagoqeqqqqvevvvvvvvvvvvvvvvvovpvvqevvaqbvvoonbaabaeaaaoqeqeqeveevvvvvqve Dear Mr. Sinasek: I was unable to come in to open the file on the lot line adjustment -today because Pete and Joy Gross have not had their signatures on the application notarized. Pete promised me that they would do this in'the -next day or two so that I can come down to the City Hall and have the file opened by Friday. I am sorry not to have accomplished this today. Sincerely, Jeanett r 1 �14-2�300 1 1 :58AM FROM P. 1 Fax _Transmission Date: 1/14199 To: Planning Department From: Jeanette Miller Attn: Jim Sinasek Ref: Modification Permit 4555, Condition No. 3 CC: Gail Garcia Fax #: 949 644-3260 Phone#: 949 644.3200 From: Jeanette Miller, 2003 Yacht Resolute Newport Beach, CA Fax#: 949 720-0452 Phone #: 949 644-4576 Total Number of Pages (including cover 1 QQQbGQtlGOCGOC7Q000�vOQQdtlGQOOQQQOO�ptlGC0009QPOtlQ�OQptlGOCOOpO000Qnodp�dO0000fJGPooOpOQQp Dear Mr.. Sinasek: I have been jogging Pete Gross re.the agreement from his lawyer. He told me this morning that it is complete and he was just waiting for the agreement to arrive in the mail. Is there a prize for the longest running time to resolve an issue like this and are we in the running? Sincerely, Jeanette Miller 12-13-1999 9:11AM FROM P. 1 Fax Transmission' Date:j 12/13/99 To: , i planning Department From: Jeanette Miller Attn: i Jim Sinasek Ref: i Modification Permit 4555, Condition No. 3. CC: Gail Garcia Fax #:949 644-3250 Phone#: 949 644-3200 From!: Jeanette Miller,' 2003 Yacht Resolute Newport Beach, CA i Fax#: 949 720-0452 i Phone #: 949 644-4576 Number of Pages 1 Dear !!Mr. Sinasek: We hpive signed and had notarized the application for the lot line adjustment and gave to Pete and Joy Gross to sign a couple of Weeks ago; We are just waiting for them to return it in ordei to file the application. We do believe we are on the home stretch on this issue. Jeanette A. Miller 10-19-1999 8:41PM FROM P. 1 Fax, Transmission Date:! 10/19/99 To: 1 Planning Department Attn:iJim Sinasek Ref: Modification Permit 4555, Condition No. 3 I CC: Gail Garcia I Fax #:949 644'-3250 Phon�#: 949 644-3200 From!: Jeanette Miller, 200.3 Yacht Resolute Newport Beach, CA i Fax#: 949 720-0452 Phone••#: 949 6444576 i From: Jeanette Miller Total Number of Pages (including cover 1 vggqvqnqOqq4vvvOvvOCqqqqqvvOvvqtlnqaov�ovqvqvooqqb�vvqqvOvvoCtlOqbqqqqqvvqbdtlOqq09qqQvv DeariMr. Sinasek: To uWdate you on our progress towards a potential lot line adjustment: Mr. & Mrs. Gross and we have reached an agreement on the price for the piece of slope we ,need! to accommodate the lot line adjustment. I called Jim Winterbum of Valley Consultants a week ago to ask him to forward the original papers. He is looking for them. It has been so long since we ordered the survey that the'originai papers were mislaid. I will keep calling him this Y> eek. I have been unsuccessful in finding an Escrow company that will hold my check until the lot line adjustment is approved. I will keep trying_ I will call a lawyer on Thursday to see if they will handle it. I have waited to order the mailing labels since I have ordered them once] before and paid for them, but they are now outdated. Hopefully, •1 will have everything done by the end of next week. 8-30-1999 2:07PM FROM P. 1 Fax ircansmissfon Date:' 8/30/99 To: : Planning Department From: Jeanette Miller Attn:1 Jim Sinasek Ref: ; Modification Permit 4556, Condition No. 3 CC: ;Gail Garcia Fax #: 949 644-3250 Phone#: 949 644-3200 From; Jeanette Miller, 2003 Yacht Resolute Newport Beach, CA Fax#: 949 720-0.462 ; Phone #: 949 644-4576 Totals Number of Pages*'�, gtltltlbtltltlbDtltltlbtlGODODOPCDgqtltltlpqqbqqbtltltlpbtlbpCGtltlOqOGDDODDGQCJbtlqtltltlptlqtlptltlqqqtltltltlqqqtltl Dear Mr. Sinasek: We received a. letter from Pete Gross today with the attached appraisal report. Yikes! We have reached an agreed upon sales price of a little over half the stated value and will send an offering letter to Pete today. He will give it to his lawyer who will draw up the necessary sales document. As soon as we have that, 1 will be in touch with you in order to schedule a hearing date. This has been a long and ekpensive effort for us, but I do believe we are near the final resolution. Thank you again for your patience. Jeanette A. Miller 8-30-1999 2:08PM FROM P.2 F wner/Occupant: Gross ddress: 2001 Yacht Mischief City: Newport Bench County: Orange State: CA Zip Code: 92660 Lender/Client: LAND VALUE - PART-TAI{IN Tli� comparable sales were discussed previously in Elie site valuation of this report. The subject parcel 458-56-40 will deed 742.30'square feet to Parcel 458-56-36. The portion of the site which, is being deeded to the adjacent property* owner is the slope which is less valuable and cannot be built upon. This area is included in the overall site valuation however it is of less value than the level portion. The land sales included within this report have a range of'$32.00 to $47.00 per square foot and this appraiser has found additional land sales with inferior location which reflect lower values per square. foot. It is this appraiser's opinion that $22.50 per square foot would reflect fair market value of this sloping parcel. The enclosed photos show the terrain of the subject. Indicated value of the Part Taken: Land Land Value: 742:30 SF'x $22.50 per Sly = $16,701.75 Rounded To: DAMAGES $16,700 The proposed acquisition will not impact the subject house by the shrinking of the lot size. This will not affect the marketability of the home in the after condition. The owner of Parcel 458-56-40 has no use of this. -slope and it is maintained by the home owners association. In the after condition, no physicalchange will be evident. BEFORE AND AFTER ANALYSIS Value of the Larger Parcel $670,000 Value of the Part Taken Value of the Remainder as a part of the whole Value of the Remainder in the after condition Indicated Damages OPINION OF VALUE 16,700 $655,000 (Rounded) $655,000 M It is, lhe•appraiser's -opinion that the fair market value -for the subject severed parcel as'of-the- effective date of the appraisal is: $16,700 8-18-1999 3:48PM FROM P. 1 Fax Transmission Date:, 8118199 To: Planning Department From: Jeanette Miller Attn:. Jim Sinasek Ref: , Modification Permit 4555, Condition No. 3 CC: Gail Garcia Fax #:949 644-3250 Phonle#: 949 644-3200 From: Jeanette Miller, 2003 Yacht Resolute Newport Beach, CA Fax#: 949 720-0452 Phone #: 949 644.4576 Total; Number of Pages (including cover 1 vOOOGDOPagvvavgvOvvqqqvvOvtivaaaaqvvvavvvvqOvvvtlOOavaaqCavvvvvqvvOvvDOvvvvvvvaqqaqvvvv Dear:Mr. Sinasek: To update you on our progress towards a potential lot line adjustment: The appraiser doing the appraisal on the slope we would require needed one more piece of information from Valley Consultants, Inc. the company we contracted to prepare the lot line adjugment documents. That information was the exact amount of area of slope we were requesting for the lot line adjustment. That information was given to the appraiser this week and Pete Gross is awaiting the appraiser's report any day. As of today he had not received it. I will continue to follow this on a daily basis, and hopefully we will have the appraiser's report by �he end of the week. Sincgrely, JeanoW A. Miller B-04-1999 7.58PM FROM P. 1 Fax Transmission Date: 814/99 To: Planning Department I Attn:Jim Sinasek Ref: Modification Permit 4555, Condition No. 3 CC: ;Gail Garcia Fax #:949 644-3250 Phone#: 949 644-3200 Jeanette Miller, 2003 Yacht Resolute. Newport Beach, CA Fa* - 949 720.0452 ' Phone #: 949 644.4576 Number of Pages 1 Dear I Mr. Sinasek:' From: Jeanette Miller To update on our progress in seeking a lot line adjustment, our neighbor, Pete Gross, has finally, found an appraiser whom his lender will approve to appraise the slope involved_ Pete called me this week to tell me that the appraiser should have the appraisal completed by the first of next week. Then his lender.will determine from the appraisal whether a lot line adjustment would be detrimental to Pete's property value. Neither Pete nor we expect that the appraiser will have a negative report, since it is an unusable piece of land to either of us, and since it is such a small area. I will be in touch with you by August 1.6 at the latest. Sincelrely, Jeanette A. Miller W , #A Fax Transmission Date: 4/29/99 To: Planning Department From: Jeanette Miller Attn: Jim Sinasek Ref: Modification Permit 4555, Condition No. 3 CC: Gail Garcia Fax #: 949 644-3250 Phone#: 949 644-3200 From: Jeanette Miller, 2003 Yacht Resolute Newport Beach, CA Fax#: 949 720-0462 Phone #: 949 644-4576 Total Number of Pages (including cover 1 000000000aaaoc00000000000000000000c000000c0000000000000000000000c000000c0000cec00000c Dear Mr. Sinasek: To update you on our progress towards a potential lot line adjustment: When Pete Gross, the owner of the slope behind our house, contacted his mortgate lender to find out if the lot line adjustment would affect his loan, he was told that his property needed to be appraised to determine the current value of the property prior to the "partial release and an appraisal addendum to determine the value of the remaining property. In addition, the lender requires a legal form partial release document, and a sales contract which include a breakdown on how the amount was derived. Mr. Gross is securing a lawyer to take care of the paperwork required in the above paragraph and we are waiting for the appraisal. We have Mr. and Mrs. Gross' written statement that they are committed to assisting us with the acquisition of the additional square footage as proposed in the survey made by Mr. Winterburn. I will keep you informed as to our progress. Sincerely, 12-28-1995 5:12AM FROM P. 1 Fax 7ranmissibn Date: 3/15199 To:, Planning Department From: Jeanette Miller Attn: Jim Sinasek Ref: Modification Permit 4555, Condition No. 3 CC: Gail Garcia Fax #.949 644-3260 Phone#: 949 644-3200 From: Jeanette Miller, 2003 Yacht Resolute Newport Beach, CA Fax#: 949 720-0452 Phone #: 949 644-4676 Total Number of Pages 1 000caoaoaa000aaooaoaaaoacooaoacmoaaaaaaaacovanawaaoaaatmoaaoeeoaaoaoaaaaacaocc0000ao Dear Mr. Sinasek: I received faxed copies of the lot line adjustment Exhibit s A and B from Ron Winterbum of Valley Consultants this afternoon. Everything in the lot line adjustment request packet is complete except for the bwne's affidavit and a copy of Mr. and Mrs. Gross' grant deed.. Mr and Mrs. Gross are still agreeable to the idea of a lot line adjustment and have contacted the lender who holds their mortgage to determine if their loan would be affected in any way. As of today, they have not had an answer. Mr. Gross -is also obtaining an appraisal on the value of the area involved in the lot line. adjustment. John and I are leaving for Italy tomorrow morning, and will be returning on the evening of April 1 (no footing). These issues should be resolved by the time we return, and we will be able to file the application then. Thank you, again, for your patience. We are anxious to have this all resolved and return to a normal life. 11-1917 Jeanette A. Miller 12-22-199B 6:46PM FROM P. 1 Fax 7'ransmissian Date: 3/10/99 To: Planning Department From: Jeanette Miller Attn: Jim Sinasek Ref: Modification Permit 4556, Condition No. 3 CC: Gail Garcia Fax 4:949 644-3260 Phone#: 949 644-3200 From: Jeanette Miller, 2003 Yacht Resolute Newport Beach, CA Fax#: 00 720-M2 Phone #: 949 644-4576 Total Number of Pages 1 I�PPbtl4v:�vtlCPgPPPPPCPPPQWPvtivvbPPCPPPgvCiOPtlP9PvvvOCOOPPPPvvvbbPPgqqqOPvvbdvvPPPOvvvqb0 Dear Mr. Sinasek: The surveyor of the referenced slope for our application for a lot line adjustment has promised me that he will complete the site and lot line adjustment reports by Thursday. I have called -him every day since our last memo, and he finally came out yesterday. If he keeps his promise, we will have, all the other forms •except the Grant/Quit claim deed Ready to submit by Friday or Monday. My reading of the instructions indicates that we do not need this document unfit after approval. If this is not correct, please let me know. Sincerely, Jeanette A. Miller 12-99-1996 1:20AM FROM P.1 Fax Transmission Dater 1-26-99 To: Planning Department From: Jeanette Miller Attn: Jim Sinasek Ref: Modification Permit 4555, Condition No. 3 CC: Gail Garcia Fax #:949 644.3260 Phone#: 949 644.3200 From; Jeanette Miller, 2003 Yacht Resolute Newport Beach, CA Fax#: 949 720-04662 .Phone #: 949 644-4676 Total Number of Pages (including cover 2 Obb4bClnnGnbbbgnnbbbObpgqpq OOppg4gtletleqqnptlqtlqnpppqntlotlnqqpnnqtltltlqpnbqntlqnnqqqnppq�ntlp Dear Mr. Sinasek: To update you on our progress towards a potential lot line adjustment: On Monday I spoke with the President of the Seaview Homeowners Association regarding the Board's interest in this issue. He told me that he could see no reason why the board would have to act on a lot line adjustment involving the slope. This afternoon Roily Pulaski and I met with Mr. and Mrs. Gross to go over the amount of the slope we would need to include in the lot line adjustment. While their final agreement will not be given until the survey of the slope is completed, they are still amenable to such a solution for us. We have contacted Mr. Ron Winterburn of Valley Consulting to do the survey and lot line adjustment and site forms. We have told him that time is of the essence in this matter. White the surrey report is being completed,.we will complete the work involved to comply with the rest of the city requirements for filing a request for a lot tine adjustment. 1 will let you know this week about Mr. Winterburn's projected completion of the survey work. Sincerely, Q Jeanette A. Miller assl.'uAA za6ed 11-09-1995 9:10PM FROM P. 1 Fax Transmission Date: 1-26-99 To:. 'Planning Department Attn: Jim Sinasek Ref: Modification Permit 4555, Condition No. 3 CC: Gail Garcia Fax #: 949 644-3250 Phone#: 949 644-3200 From:Jeanette Miller, 2003 Yacht Resolute Newport Beach, CA Fax#: 949 72"452 Phone #: 949 6444676 From: Jeanette Miller Total Number of Pages (including cover 2 govvagqvvavoaooaaovvqqqqvovvoa000aaaqqvvvvqqvvvvv0000aaeaaovvavqqqvvvvvvaoaoa000avavv Dear Mr. Sinasek: This morning I followed up my initial discussion with Pete Gross, our neighbor whose lot includes the slope abutting our property. He told me that my request of him fora lot line adjustment would be on the Seaview architectural committee's agenda next Tuesday, Feb. 2. Pete is a member of the architectural committee. He said he imagined their recommendation would probably be forwarded to the Seaview Board of Directors for action. John and I are hopeful that there will be no objection from either board. We will be out of town next Tuesday, so will not be•able to attend the architectural committee board, but Rolly Pulaski, our architect intends to attend. I will keep you posted . Sincerely, Jeanette R 18-O5-1995 11:54PM FROM P_ 1 Fax Transmission To: Planning Department Date: 12-22-98 Attn: Jim Sinasek Ref: Modification Permit 4555, Condition No. 3 Fax #:949 644-3250 Phone#: 949 644-3200 From: -Jeanette Miller, 2003 Yacht Resolute Newport Beach, CA Total Number of Pages (including cover 1 vvvvvvvvOvvvvvavuavvvvvvvnvvvvvvvvvvvovvevavvvoodevvvavvvvoovvvv000vvvvvvvvvavvvvvvva Dear Mr..Sinasek: I apologize for not responding promptly to your Nov. 25 letter regarding the above modification permit referenced above. Your letter arrived the day after Thanksgiving. Our children and grandchildren were still here for the holiday. Since then my husband and I have been preoccupied with his health problems. We spent the day of Dec. 15 at Hoag hospital where he Was given an angiogram. Today we meet with Dr. Daryl Benvenuti for a consult on the findings. I realize this sounds, like "the dog ate my homework" kind of excuse. I should have found the time to respond to your letter_ We have not yet demolished the roof of the area you refer, and we hope to find another to resolve this issue. Our architect has been out of the state, but will be returning around Jan1. Could we schedule a meeting after the 1 61 of the year to discuss what can be done? Sincerely,/� Jeanette A. Miller 0� l� /�y199 C ___" P CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 COMMUNITY AND ECONOMIC DEVELOPMENT Planning Department (949) 644-3200 December 16, 1998 John P. Miller, Tr. 2003 Yacht Resolute Newport Beach, Ca. 92660 Subject Property: 2003 Yacht Resolute (A. P. No. 458 561 38; Lot 37, Tract 9261) Newport Beach, California Re: Modification Permit 4555, Condition No. 3 Dear Mr. Miller: On November 25, 1998 this department sent you a letter regarding the above referenced Modification and the belief by the City that your property has been overbuilt according to the 50% rule for the Broadmoor Planned Community District. You were requested to submit plans and calculations for appropriate plan check and demolition so as to comply with this rule no later than December 15, 1998. To the best of our knowledge, this has not occurred. Your apparent unwillingness to submit these plans or to arrange for a reasonable time -line for correction leaves us no option but to forward this matter to the City Attorney's Office within five days for appropriate action. If we have,not interpreted your intentions correctly you may still contact Jim Sinasek between the hours of 7:00 to 8:00 a.m. or 3:30 to 4:00 p.m. at (949) 644-3215. Very truly yours, PLANNING DEPARTMENT Patricia L. Temple, Director Code Enforcement Supervisor Building Department Genia Garcia, Associate Planner 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 COMMUNITY AND ECONOMIC DEVELOPMENT Planning Department (949)644-3200 November 25, 1998 John P. Miller, Tr. 2003 Yacht Resolute Newport Beach, Ca. 92660 Subject Property: 2003 Yacht Resolute (A. P. No. 458 561 38; Lot 37, Tract 9261) Newport Beach, California Re: Modification Permit 4555, Condition No. 3 Dear Mr. Miller: As you may recall, on May 20, 1997, the City's Modification Committee unanimously approved your application for a second floor addition on property located in the Broadmoor Planned Community (P-C) District. That approval was conditioned such that "the remodel shall be in accordance with the Broadmoor Planned Community District Regulations for lot coverage." The maximum allowable site coverage for development in this district is 50% of any lot. For the purpose of this ordinance, coverage shall include all areas under roof, but shall not include trellis areas. It is the belief of the City that the improvements on your subject property exceed this maximum and, therefore, unless you are able to submit documents to the contrary, you are now required to reduce the under roof development in such a manner as to comply with the 50% rule for the Broadmoor Planned Community District. If you have questions relative this requirement or to the above referenced modification you should contact Ms. Genia Garcia, Associate Planner, at (949) 644-3200. You should begin to resolve this matter no later than December 15, 1998 through the submission of additional plans and calculations for appropriate plan check and demolition. On behalf of the City we would like to take this opportunity to express our appreciation for your help and understanding in this matter. To discuss this letter you should contact Jim Sinasek between the hours of 7:00 to 8:00 a.m. or 3:30 to 4:00 p.m. at (949) 644-3215. Very truly yours, PLANNING DEPARTMENT Patricia L. Temple, Director t By: Ji inasek o e Enforcement Supervisor 3300 Newport Boulevard, Newport Beach -ram , j -- -� ------ --------------� -��, ,�-- -- ---- -- -------------------------------- 1 69 --- --------- ------- - -- DISPLAY CUSTOMER RECORDS: DISPLAY END DISPLAY CUSTOMER RECORDS CUSTOMER NUMBER 450-2420-002 SERVICE ADDRESS CUSTOMER NAME 2003 YACHT RESOLUTE MILLER JOHN P NEWPORT BEACH, CA OWNER NAME/ADDRESS 92660 MILLER BILLING ADDRESS JOHN P 2003 YACHT RESOLUTE 2003 YACHT RESOLUTE NEWPORT BEACH, CA NEWPORT BEACH, CA 92660 92660 AUTO PAY A CYCLE 3 EXEMPTIONS - TAX N PENALTY Y Prop ID 37 9261 NOTE1: TYPE A NOTE2: GRDIENT 04 NOTE3: SERVICE READING USED READ BILLED PAID DATE TOTAL DUE 1 DEL FEE 0 0 0.00 0.00 62.02 3 SWR SVC 0 0 7.20 0.00 11 WTR SVC 0 0 7.00 0.00 50 RECYCLE 0 0 4.20 0.00 PRESS ESCAPE TO CONTINUE **************************************************************************************** * KETR OSCAN Q UXCK COMPS * 1860 Howe Avenue, Suite 455 * Sacramento, California 95825 * PHONE [8001 866-2783 FAX [9161 921-6781 **************************************************************************************** * Prepared For Date of Report :11/24/98 * Company County Name :Orange (CA) * Address * City, ST, Zip * Prepared By * OWNERSHIP INFORMATION * Parcel No. :458 561 38 * Owner :Miller John P Tr * CoOwner * Site Address :2003 Yacht Resolute Newport Beach 92660 * Mail Address :2003 Yacht Resolute Newport Beach Ca 92660 * Telephone :949-644-4576 * SALES AND LOAN INFORMATION * Current Transfer Previous Transfer * Transferred : * Document S :12650-1092 * Sale Price * Deed Type * Loan Amount * Lender * Loan Type * Seller Name * ASSESSMENT AND TAX INFORMATION * Land :$253,694 Exempt Type :Homeowners * Structure :$172,136 Exempt Amount :$7,000 * Other Tax Rate Area :07034 * Total :$425,830 97-98 Taxes :$3,801.70 * Improved :40 * PROPERTY DESCRIPTION * Map Grid :889 H7 * Census :Tract:626.18 Block:4 * Zoning * Land Use :122 Res,Single Family Residential * Sub/Plat * Legal :N TR 9261 LOT 37 * * PROPERTY CHARACTERISTICS * Bathrooms:3.00 Stories :2 Lot Acres :.11 Year Built :1977 * Bedrooms :4 Fireplace: Lot SgFt :4,750 Units * Dining Rm: Tennis Ct: Lot Dimen. OfficeSgFt * Family Rm: Pool :Yes Bldg SgFt :3,149 Lease SgFt * Util Rm Sauna GarageSgFt Sprinkler * Rec.Room : Dishwsher: Garage Sp. Elevator * TotalRms :8 Air Cond.: Addl SgFt WallHeight **************************************************************************************** TransAmerica Information Management Services The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ************************************************************************************** PREPARED FOR: DATE :11/24/98 County Name :Orange (CA) Owner :Miller John P Tr Address :2003 Yacht Resolute Newport Beach 92660 :Newport Beach APN :458 561 38 COMPARABLE PARAMETERS USED ****************************** PROXIMITY,0.500 TRANSFERDATE,6 FASTPRICE LANDUSE COMPARABLES FOUND USING THE ABOVE PARAMETERS: ADDITIONAL SALES Sale #1 *----------------: MetroScan Comparable Sales •--------------------* Owner :Miller John P Tr Parcel :458 561 38 Site :2003 Yacht Resolute Newport Beach 92660 Date Mail :2003 Yacht Resolute Newport Beach Ca 92660 Price Use :122 Res,Single Family Residential Doc # :12650-1092 Map Pg:889 H7 Phone :949-644-4576 Bedrm :4 Bth:3.00 TotRm:8 YB:1977 Pool:Yes B1dgSF:3,149 Ac:.11 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT (714) 644-3200 Roily Pulaski P.O. Box 15485 Newport Beach Ca 92659 ApplicationNo: Applicant: Address of Property Involved: Legal Description: Dear Roily Pulaski: MODIFICATION PERMIT May 23,1997 4555 Roily Pulaski 2003 Yacht Resolute Lot 37, Tract No. 9261 Modification Requested: Request a a second floor addition that will encroach into the required 10 foot front yard setback. The second floor is to match the wall of a new front facing garage that has a required 5 foot front yard setback, where the Code requires 10 feet for the dwelling. The second floor encroachments include: • a 7 foot encroachment into the 10 foot front yard setback at the southerly side property line • a 4 foot encroachment into the 10 foot front yard setback at the northerly side property line, on property located in the Broadmoor Planned-Community(P-C) District. The Modifications Committee on, May 20, 1997, unanimously approved the application subject to the following conditions: That development shall be in substantial conformance with the approved plot plan, and elevations, except as noted in the following conditions. 2. That the deck rail over the garage must remain a minimum of fifty percent (50%) open space with no obstructions. That the remodel shall be in accordance with the Broadmoor Planned Community District Regulations for lot coverage. 3300 Newport Boulevard, Newport Beach May 23, 1997 Page- 2 The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the proposed encroachments are a logical use of the property that would be precluded by strict application of the zoning requirements for this District because: the design of the new dwelling has been redesigned to provide a second floor with a deck that has been set back further from the front property line thanthe required 10 feet. The pillars have been reduced on the second floor to give the appearance of openness which reduces the mass at the street property line. the proposed encroachments in the front yard setback -are consistent with the setbacks maintained by structures on other properties in the neighborhood since the required setbacks are 5 feet on many of the lots and many lots have two stories at 5 feet from the front property line. 2. That the proposed encroachments will not be detrimental to the surrounding area or increase any detrimental effect of the existing use because: the proposed encroachments will not affect the flow of air or light to adjoining residential properties because the section of the roof that is being demolished for the new construction included a parapet/high wall that blocked light. The new roof slopes away from the side property line and opens the area of the roof next to the living area of the adjacent neighbor. 3. 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 2 (Replacement or Reconstruction). NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. The decision of the Committee may be appealedtothe Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $876.00. No building permits may be issued until the appeal period has expired. May 23, 1997 Page - 3 MODIFICATIONS COMMITTEE 1 By I Eu nia Garcia Associate Planner Letters of opposition received from eight neighbors Letters of in favor received from 7 neighbors Four interested parties attended Four neighbors opposing appeared Four neighbors appeared in favor One telephone call of opposition cc: Mr. & Mrs. John Miller 2003 Yacht Resolute Newport Beach Ca 92660 VICINITY MAP / P-C a ,p'' + ! / /I71FI7 !i 0 d�IVS a ^7*r v�vtsicN At � d:� . tr � v N y n K K /! u R u pp/T NFGfiaV rC. a � •.._... ,,,,�,... .. �� • . '�, H % /•UUtT Ai'MDfKY PC. i :.. 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Modification Permit No. 4555 MODIFICATION APPLICATION CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 (714) 644-3200 Applicant (Print) No. �~ _ I Application Redd by: z._ Fee: $ DO 6 221 Address of Property Involved 2ao 3 t (QGC {26SoltJl U 13 • �l2G�c� Mailing Addressg o idoy 1' 4 N 0 Gh q 26 6-0) Property Owner 1M IZ J::�M 125 • J 01+ (t M I LA -Ea' Phone 711q -1 EO -3 7O O Mailing Address -2o o q (i1 AEI N l3 , C/o cl 26 6 0 Work to be done V -M 0 P�ul 6-, I GA2 GR, (LAc� ' � PGlYA-� W Existing Nonconformities K01\i I% Proposed Nonconformities - o))to Lobe - c/xu)rt� ' r�il.l. / 1 / 4I . n � r A ♦.w J R �k A A!" F— /.n!' :S % Present Use S I n G c,e wpm • Proposed Use S A M e✓ Zone_ i2C-,5106n6c— �41To 6'-(;6aAf(r, Rear setback 1 o' is 1TO 2E' Igo rtFAn/>L Main buiidine area N A Previous Modifications, Use Permits, Variances, etc. N n N r-,' Legal Description of Property Involved (if too long, attach separate sheet) I�ar' J -1 Tn Get' °l2 G I OWNER'S AFFIDAVIT (I) (we) depose and say that Gdo (we are) the owner(s) of the property(ie involved in this application. X(We) further certify, under penalty of pedury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the bZ ofjpyj (our) knowledge and belief. NOTE'An agent may sign for the owner if written authorization fran resa��dner is filed with the application. DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Filed ���%�� FeePd.```bn ReceiptNo. Hearing Date11:;_(n Posting Date L oq Mail Date Modifications Committee Action YMn& Date 'a 0 Q Appeal ���' ✓ P.C. Hearing P.C. Action Date Appeal C.C. Hearine C.C. Action /I 0 .. 0• 1988.0 + 192•QJ+ 150J+ •736.0J+ 144.00+� ',05 6i 3 ,075.O&T 21 • 04+ �tfm ClcS 3),o 5 e 0 + 1,02 • 3" 92.0' 30292.0" �,949.11 - G? e7'p 0 . 6 7 • I ��, �� � r9 � �� t son 31a .gee. Olow �— i —i' �I" •.� � , ,. f^ � r' .1 Y I" t. tlrr •,' .1• �• ''y ••t^, ,�.� 1 7ten,,,+�� BASE ** ACTIVITY PROCESSING ** 11/18/98 Permit No B9700746 15:41 Type: SFP Single Family Project Permit -------------------------------------------------------------------------------- Status: FINAL Dates: Applied : 031497 Approved : 050697 Completed : 042198 To Expire : Job Title: RES ADDITION/ALT (423-97) Valuation: 36,959 Descr: RES ADDITION 395 SF/GARAGE 150 SF Type Const: ADD Address: 2003 Dir: Street: YACHT RESOLUTE Structure: Floor: Unit: Owner: MILLER Occupancy: R3 Class Code: 434 # of Bldgs: 1 # of Units: No district keyword Public Own: N Applicant: PULASKI ROLLY Telephone: 714/222-1200 Address: 3620 BIRCH ST NEWPORT BEACH,C A 92663 Insp Area: 5 Val. By: EF CONDS: NO INSP: YES APPR: NO COMM: NO MULTA: NO $ BAL: NO -------------------------------------------------------------------------------- Project: 97001468 RES ADDITION/ALT (423-97) Entered: 03/14/97 By: TECH1 Enter Keyword: PEOPLE BASE ** ACTIVITY PROCESSING ** 11/18/9E Permit No B9702080 15:40 Type: SFP Single Family Project Permit -------------------------------------------------------------------------------- Status: FINAL Dates: Applied : 072297 Approved : 072297 Completed : 120497 To Expire : Job Title: REROOF W/U.S.TILE/T/O SHK Valuation: 7,000 Descr: T/O SHAKE REPLACE W/US TILE ICBO 3523 Type Const: ADD Address: 2003 Dir: Street: YACHT RESOLUTE Structure: Floor: Unit: Owner: MILLER Occupancy: R3 Class Code: # of Bldgs: 1 # of Units: No district keyword Public Own: N Applicant: KOB PULASKI Telephone: 714 548-1231 Address: 226 COTTAGE PLACE COSTA MESA, CA 92627 Insp Area: 5 Val. By: SA CONDS: NO INSP: YES APPR: NO COMM: NO MULTA: NO $ BAL: NO -------------------------------------------------------------------------------- Project: 97001468 RES ADDITION/ALT (423-97) Entered: 07/22/97 By: TECH1 Enter Keyword: PEOPLE BASE ** ACTIVITY PROCESSING ** 11/18/98 Permit No B9702991 15:40 Type: SFP Single Family Project Permit -------------------------------------------------------------------------------- Status: FINAL Dates: Applied : 100697 Approved : 100697 Completed : 120497 To Expire : Job Title: SKYLIGHTS(3) (SEE 423-97) Valuation: 600 Descr: ADD (3) SKYLIGHTS Address: 2003 Dir: Street: YACHT RESOLUTE Structure: Floor: Unit: Owner: MILLER Occupancy: R3 Class Code: 434 # of Bldgs: 1 # of Units: No district keyword Public Own: N Applicant: PULASKI ROLLY Telephone: 714/222-1200 Address: 3620 BIRCH ST NEWPORT BEACH,C A 92663 Insp Area: 5 Val. By: EF CONDS: NO INSP: YES APPR: NO COMM: NO MULTA: NO $ BAL: NO ----------------------------------------------------------- Project: 97001468 RES ADDITION/ALT (423-97) Entered: 10/06/97 By: SUSAN Enter Keyword: PEOPLE BASE ** ACTIVITY PROCESSING ** 11/18/98 Permit No B9702160 15:40 Type: BLDG Building Permit -------------------------------------------------------------------------------- Status: PENDING Dates: Applied : 072897 Approved : Completed : To Expire : Job Title: BLOCK WALL (SEE 423-97) Valuation: 1,500 Descr: BLOCK WALL 8'X23' (INSIDE PROP LINE) Type Const: ADD Address: 2003 Dir: Street: YACHT RESOLUTE Structure: Floor: Unit: Owner: MILLER JOHN Occupancy: U2 Class Code: # of Bldgs: 1 # of Units: No district keyword Public Own: N Applicant: PULASKI ROLLY Telephone: 714/222-1200 Address: P.O. BOX 15485 NEWPORT CCAnW PA Tnen Aron• A Val_ Rvc FF CONDS: NO INSP: -------------------- Project: 97004238 E Enter Keyword: PEOPL i -cryhoo y M1' U iM1 , iy. 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C..M1rr7. Mrr t4My rxl►wne Ux+c W/OyY�lrrHr�=IilrM'bw ry]gp i...tMarrxtiYrYl��a L M.r.bY : nafw.ry..rrrYrrY�..Yi4�Ywr fni �l�cw�7iW -1M.�►.�ww1Y.Clu. ' s.ur.arltwr.iwr�.�r.ew. •.ii.i.YY�.r. r w.MY.d.r. i E1rrMi1'YriwVMr�Wv1� 1 OM�rT ��rriwY�wtta..(�.M �11k hi.d>1MIY+7r�.Lh,Yrw4�.. L MrrYri/ra1RF./��,r.fw. r •rY rrbir►w.� � r /I�yi i f�y.Y4YY!.c L C�webrZ�mY..rrrt YW�• 1 hdR�Ar/iMr�Yw W.rtYn^ey fill ar>,NOYf/Yr0.1dN�.pMnff h Illf�rbrr+ry b/wtwKYYb- �Stvs xl lb 5lFol �1� STREET ELEVATION ��% pitch 4 MB GI� 3r G WaG LI/ e7 4jw4-4'1T DPP •a�PtR• •�IGaCYG m � CEi PGvjn.� SECTION A 1/4' =1'-0" -VW` jlvr� 6^�. OR Zaxm. cjtWE UP - To e-,e 'S lrna� 19 �2�L?Y. /5-) 4-iLl. - 4,4W lt%<, Mr�uH BY isT. *c.,,c C- trch chP •t Sr4ccJ WN�1 LY � zYc ciy.fatY1 �R-2t Rd51.1.� R-10lTJSl1L. AIL F.xlsr. 41VA� �1-•1 I 1'l�Ji,• � eft � c�•t-: � I I 1 i slope J.-r d.uln _� 1 LLJF.LLII�G i SECTION . fl 1/4' =1'-0" U tir;T'I - - - - - - - ---- -- I I lt1ltt111I1 hi17 neym lkj _ 1 fr1J11 rill! -•--- -- !it rtri - = 1 r I rltltlttIJtirttil . t _ ir rwrnwc6nckcopfRdi-1=wA1UGJfh'��1ot 7Y no cctenor c{rlanua a-bne coo --r1I l I l l Tr r r'III11r1rI a-rtr loll WIM'JiE:11d w,a wli � :. ,r � IlP1 M11P ir1 Kr' a. f.e• � PISHD• N ; q,K a P1V.• :q.l. W W S'a� CT- INTRODUCTION The Broadmoor Pacific View PC (Planned Community) District witnin the City of Newport Beach has been prepared in accordance with Amendment No. 18 to the City of Newport Beach General Plan, adopted by the City Council on July 28, 1975, to provide low density residential development within a 50-acre parcel being subdivided from the Pacific View Memorial Park. The purpose of this PC (Planned Community) District is to provide a method whereby this property may be classified and used for residential develop- ment while also allowing flexibility of larid use and development standards. Except as expressly stated within the text of this PC (Planned Community) ordinance, all applicable provisions and requirements of the City of Newport Beach Zoning Law shall apply. SECTION I. STATISTICAL ANALYSIS (� BROADMOOR PACIFIC VIEW Type Low Density Res. Park Natural Open Space Area Acres 1 45.9 2 2.5 3 1.6 TOTAL 50.0 SECTION II. GENERAL D.U./acre D.U. 175 175 Per/D. U. Population 3.6 630 3.6 630 An estimated total population of 630 persons is anticipated for the planning area. This figure has been used in estimating the need for community facilities. Schools The community of Pacific View falls within the Newport -Mesa Unified School District. In an effort to anticipate the maximum number of school students to be generated by the total community, the highest student per unit factor was applied. The following figures represent a projected total student enrollment based upon anticipated numbers of dwelling units to be constructed. AREA 1 NEWPORT-MESA UNIFIED SCHOOL DISTRICT Students/ Dwelling Type Dwelling Unit Units Students Elementary (k-5) .155 175 96 Junior High (6-8) .30 175 53 Senior High (9-12) .35 175 61 TOTAL 210 Recreation Private park and, open space areas totaling approximately 2.5 acres are proposed to serve the recreational needs of the residents of Broadmoor Pacific View. In addition, a natural open space area has been provided in the north portion of the project area. All private open and recreational areas within the development boundaries will be maintained by a private community association established by and consisting of homeowners within the subject development. 2 Uniform Building Code No portion of this text withstanding, all construction within this Planned Community shall comply with the regulations of the Uniform Building Code as adopted by the City of Newport Beach. SECTION III. DEFINITIONS The following definitions refer to the permitted uses describedin the Develop- ment Standards contained in this ordinance: 1, Conventional Subdivision on a Planned Community Concept A conventional subdivision of detached dwellings and their accessory structures on individual lots where the lot size may be less than the required average for the district, but where the density for the entire subdivision meets the required standards and where open space areas are provided for the enhancement and utilization of the overall develop- ment. SECTION IV. LOW DENSITY RESIDENTIAL A. Permitted Uses 1. Single family detached dwellings. 2. Conventional subdivisions and conventional subdivisions on a Planned Community concept. 3. Parks, playgrounds, recreation or open space and green areas, riding, hiking, and bicycle trails and related facilities of a non- commmercial nature. 4. Acccessory buildings, structures, and uses where related and in- cidental to a permitted use. 5. One (1) onsite unlighted sign, not exceeding two (2) square feet in area, to advertise the lease, rental or sale of the property upon which it is located. Such sign may show only the name, address and the phone number of the owner, but shall not show the name, address, telephone number or any other description or identifica- tion of any person, firm or corporation other than the owner of said property. 6. Two (2) permanent community identification signs. Such signs may be lighted and may show only the name of the community. 7. One street identification sign at the entrance of each street. Such signs may show the street name, house numbers, and owners name. 8. Community recreational facilities and structures, subject to the development standards contained in Section V, Community Facilities, of this ordinance. B. Area Per Dwelling A minimum lot size of 4, 500 square feet shall be provided. however, an average area of 8, 000 square feet shall be provided for each dwel- ling unit except as approved by a use permit for cluster development. For the purpose of this section, average area per dwelling shall be defined as the average of all developed areas (to include parks, recre- ational and permanent open space) exclusive of all areas reserved for vehicular rights -of -way not including individual private driveways divided by the total number of dwelling units. C. Maximum Building Height All buildings shall comply with the restrictions established by the 24/ 28 foot height limitation district. D. Setbacks from Streets The following minimum setbacks shall apply to all dwelling structures (not to include garden walls or fences) adjacent to streets. Said set- backs are to be measured from the curb line. Setback from Street Designation Curb Line Local Access Street 5' Local Non -Access Collector Street 10, Garages shall conform to the building setback requirements above ex- cept that front facing garage setbacks shall be as follows: 1) Where a sidewalk exists, the setback shall be 3 feet or a minimum of 20 feet, measured from the back of walk. 2) Where no sidewalk exists, the setback shall be 5 feet or a minimum of 20 feet, measured from back of curb. Prior to the issuance of building permits for each phase of the project, a final setback map shall be submitted to the Community Development Director indicating the setbacks to all building areas proposed in the development. The Community Development Director shall review said map and all future modifications of the setbacks shown on this map in view of setbacks listed in this ordinance and/ or sound planning principles and shall either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning Commission for a determination. In the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. E. Setbacks from Property Lines All setbacks listed under this subsection refer to all property lines not affected by Subsection D above. Dwellings may orient towards the opposite property line in order to take advantage of view conditions. 4 Rear or Front Yard The building setback on the view side shall be a minimum of three (3) feet from the top of slope. The rear yard setback for nonview lots shall be a minimum of ten (10) feet from the toe of slope. The street and view side setbacks shall be established on the approved site plan. Side Yard A zero side yard• setback between the structure and the lot line shall be permitted on one side provided there are no openings on the zero side yard wall and that a total of ten (10) feet shall be provided between structures. F. Fences, Hedges, and Walls Fences shall be limited to a maximum height of eight (8) feet and are allowed within all setback areas, except in the street side and view side setback where a maximum height of three (3) feet shall be main- tained. The maximum height of fences within the view side setback maybe increased to six (6) feet provided they are of wrought iron, clear glass, or other open type construction. G. Trellis Open trellis and beam construction shall be permitted to extend from the dwelling to within three (3) feet of the property line in the side yard, except that such trellis structures may extend to one (1) foot from the side property line provided they are fire resistant construction in ac- cordance with the requirements of the City of Newport Beach. The maximum height of the trellis shall be eight (8) feet. These areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 20 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and area to areas which it covers. H. Parkin Parking for residential uses shall be in the form of not less than two (2) garage spaces and two (2) uncovered guest spaces per dwelling unit. Guest parking may be located onstreet or offstreet. Cluster development guest parking shall be as required by a use permit. I. Maximum Site Area Coverage For aggregate building coverage, the maximum shall be 50 percent of any lot. For the purpose of this ordinance, coverage shall include all areas under roof, but shall not include trellis areas. J. Architectural Features j 1. Architectural features, including fireplaces, balconies, bay win- dows, cornices and eaves, may extend to two and one-half (2-1/2) feet into any front, or rear yard setback. These architectural features may extend to one (1) foot from the side yard property line except that such architectural features may extend to the side property line provided they are fire protected in accordance with the require- ments of the City of Newport Beach, and that a minimum of four (4) feet separation is maintained from similar projections or struc- tures on an adjacent lot. 2. Uncovered balconies, decks, patios, walls or railings to a height of four (4) feet above the pad elevation may project a maximum of eleven (11) feet into the view side setback of a maximum of eight (6) feet beyond the top of slope adjacent to the unit, only on approxi- mately 2010 of the lots as indicated on the Setback Map. Each balcony, deck, patio, wall or railing shall be selected from one of three standard designs submitted by the developer and shall in each case be subject to the approval of the Modification Committee. .SECTION V. COMMUNITY RECREATIONAL FACILITIES The following regulations apply to the development of private community recreational facilities. Prior to the issuance of a building permit, plot plans, elevations and any other such documents deemed necessary by the Community Development Director shall be subject to the review- and approval of the Community Development Director. A. Permitted Uses The following uses, provided they are in conjunction withprivate com- munity recreational facilities and not commercial in nature, shall be allowed. 1. Parks, play grounds, tennis courts, pool, recreation or open green areas, riding, hiking and bicycle trails and related facilities. 2. Accessory buildings, structures and uses related and incidental to a permitted use. 3. Signs identifying or giving directions to permitted uses and facilities. No sign shall exceed thirty-five (35) square feet in area. B. Maximum Building Height All buildings shall comply with the height restrictions established by the. City for the 24/28 foot height limitation district. C. Setbacks Twenty-five (25) feet from all residential property lines, and ten (10) feet from any streetside property lines. No structure shall be located closer to a residential structure on an adjacent site than a distance equal to twice the height of the non-residential building. The height of the non-residential structure above the grade elevation of the residen- tial site shallapply. Structures which abut a park, greenbelt or other permanent open space may abut the common property lines. D. Landscaping A minimum of ten (10) feet (depth) of continuous landscaping shall be maintained adjacent to all street or highway rights -of -way in the com- munity recreational facilities area, except for perpendicular access driveways and pedestrian walkways. Landscaping shall notexceed thirty (30) inches in height within ten (10)feet of an intersection or access drive. E. Parkin Parking for twelve (12) vehicles shall be provided within the Community Recreational Facilities area. Location of said parking is subject to review of the Community Development Director. The Community Development Director shall review said facilities and require the amount of offstreet parking deemed appropriate, relative to the intended use 1 _i -i _1 _L . 19 1 LEGEND LOW MEDIUM DENSITY RESIDEN o $00 1000 PARK AND RECREATION AREA ® OPEN SPACE AREA RESERVOIR CRB9 �sua,Berb;FraarO.,r,9moalatas BROADM00R IIIOFIDtgNAL [MV1110NMfNiAL [NO WF111/ ! IGXNfII! 10 qF 11NI�IN11 Wµl1[[[1. NLvnO/1[GCN Gl/OIIN11 [l.[l PACIFIC VIEW LAND USE PLAN