HomeMy WebLinkAbout94-36 - Adopting Planned Community District Regulations and Development Plan for the Balboa Bay Club and Amending Portions of Districting Maps No. 6 and 23 so as to Reclassify Said Property from the R -4 District to the Planned Community (P-C) District ReORDINANCE NO. 94 -36
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS
AND DEVELOPMENT PLAN FOR THE BALBOA BAY
CLUB AND AMENDING PORTIONS OF DISTRICTING
MAPS NO. 6 AND 23 SO AS TO RECLASSIFY SAID
PROPERTY FROM THE R -4 DISTRICT TO THE
• PLANNED COMMUNITY (P -C) DISTRICT REMOVING
THE SPECIFIC PLAN DESIGNATION FROM THE PROPERTY
(PLANNING COMMISSION AMENDMENT NO 787)
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SEC'T'ION 1. The subject property is the following real property in the City
of Newport Beach, County of Orange, State of California:
A portion of Lot 171, Block 54 of Irvine's Subdivision, as shown on Map
thereof filed in Book 1, Page 86 of miscellaneous record maps in the Office
of the County Recorder of Orange County, California.
as shown on the attached Exhibit "A" and hereinafter referred to as 'Property." Title 20 of
the Newport Beach Municipal Code is hereby amended to reclassify all of the above
described Property from the R-4 District to the Planned Community (P -C) District,
• designate said Property as the Balboa Bay Club Planned Community, and remove the
Specific Plan designation from the property.
SECTION 2. The Planning Director of the City of Newport Beach is hereby
directed to change Districting Maps 6 and 23, referred to in Section 20.01.050 of the
Newport Beach Municipal Code, to reflect the change described in Section 1 above and
shown in the maps attached as Exhibit "B ".
SECTION 3. Development and operation of the property shall be in
conformance with the permitted land uses, intensity and density limits, development
standards and regulations set forth in the Planned Community District Regulations and
Development Plan, which is attached hereto as Exhibit "C."
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. This Ordinance shall be published once in the official newspaper
of the City within fifteen (15) days of its adoption. The Ordinance shall be effective thirty
days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the 27th day of June . 1994, and was adopted on the
• 25th day of Jam, 1994, by the following vote, to wit:
AYES, COUNCIL MEM 3ERS DOES
SANSONE, WATT, TURNER, HART, COX, DERRY
NOES, COUNCIL MEMBERS NONE
YOR
Attachments:
Exhibit "A" - Legal Description '"NERVAN�
Exhibit "B" - Districting Maps
Exhibit "C"- Planned Community Development Plan and
R \JOHN•D \BBC\DRAFLORD
2
Regulations
ALTA PLAIN
IANOUAOE COMITHENT
P. 2:5
OR- 9432035
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS:
PARCEL Az
PARCEL A -1:
-TEAT PORTION OF LOT 171, BLOCS 54 OF IRVINE'S SUBDIVISION, AS SHOWN ON
A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, AND THAT
PORTION OF THE NAVIGABLE TIDE AND SUBMERGED LANDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE EXTENDING FROM U.S.
BULKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID
BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF
NEWPORT BAY, CALIFORNIA, SHOWING HARBOR LINES APPROVED BY THE WAR
DEPARn WT, JANUARY 18, 1917, SAID POINT BEING DISTANT SOUTH 61 DEGREES
01' 07• EAST, MEASURED ALONG SAID BULKHEAD LINE, 1498.00 FEET FROM THE
INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY PROLONGATION
OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF FIRST ADDITION
TO NEWPORT HEIGHTS, RECORDED IN BOOK 4, PAGE 94 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUIM RECORDER OF SAID ORANGE COUNTY, SAID POINT
ALSO BEING ON TH9 SOUTHEASTERLY BOUNDARY LINE OF PARCEL 1, PER A DEED OF
TRUST RECORDED MARCH 30, 1966 IN BOOK 7884, PAGE 298 OF OFFICIAL RECORDS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE ALONG
SAID SOUTHEASTERLY BOUNDARY LINE, THE FOLLOWING COURSES: NORTH 28
DEGREES 58' 53" EAST 130.00 FEET; THENCE NORTH 27 DEGREES 00' 001 WEST
16.66 FEET; THENCE NORTH 28 DEGREES 58' 531 EAST 195.71 FEET TO A POINT
IN THE SOUTH-WESTERLY LINE OF THE 100 -FOOT RIGHT -OF -WAY OF THE
CALIFORNIA STATE HIGHWAY ORA -60 -B, THENCE LEAVING SAID SOUTHEASTERLY
BOUNDARY, SOUTH 74 DEGREES 21' 30• EAST ALONG SAID SOUTHWESTERLY LINE,
•130.08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY,
HAVING A RADIUS OF 2550.00 FEETI Tf NCE EASTERLY 715.57 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 16 DEGREES 04' 41° TO AN INTERSECTION
WITH THE NORTHEASTERLY PROLONGATION OF THB NORTHWESTERLY LINE OF TRACT
NO. 1140, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 36, PAGE 28 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE SOUTH 28 DEGREES 58' 531 WEST 975.03 FEET TO A LINE
PARALLEL WITH AND DISTANT SOUTHWESTERLY 350.00 FEET FROM SAID BULKHEAD
LINE; THENCE' NORTH 61 DEGREES OS' 07" WEST 776.91 FEET ALONG SAID
PARALLEL LINE OF THE SOUTHWESTERLY PROLONGATION OF THE SOUTH- EASTERLY
LINE OF SAID PARCEL 1; THENCE ALONG SAID PROLONGATION AND SAID
SOUTHEASTERLY LINE, NORTH 28 DEGREES 58' 53" EAST 350.00 PERT TO THE
POINT OF BEGINNING.
PACE 6
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ALTA PLAIN OR- 9432035
IANW&GE CMITMENT
PARCEL A -2;
THAT CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE, EXTENDING FROM U.S.
BULKHEAD STATION NO. 129 TO U.S. BULKHEAD STATION NO. 130, AS SAID
•BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF
NEWPORT BAY, CALIFORNIA, SEOWING HARBOR LINES APPROVED BY THE SEAR
DEPARTMENT, JANUARY 18, 1917, WHICH SAID POINT IS DISTANT SOUTH 61
DEGREES 01' 079 EAST, MEASURED ALONG SAID BULKHEAD LINE, 700.00 FEET
FROM THE INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY
PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF
FIRST ADDITION TO NEWPORT HEIGHTS RECORDED IN BOOK 4, PAGE 94 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
SAID POINT OF INTERSECTION BEING THE MOST SOUTHERLY CORNER OF LOT H OF
TRACT NO. 919 AS PER MAP RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE NORTH 28 DEGREES 58' 539 EAST 154.19 FEET TO A POINT IN
THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF'THE CALIFOR'IA
STATE HIGHWAY ORA-60 -B, SAID POINT BEING RADIAL TO ENGINEER'$ STATION
6 +56.15 IN THE CENTERLINE OF SAID HIGHWAY, SAID RADIAL BEARS NORTH 19
DEGREES 37' S79 EAST FROM SAID POINT, SAID SOUTHWESTERLY LINE BEING A
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2050.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF
3 DEGREES 59' 27 ', 142.79 FEET TO A TANGENT LINE; Twom SOUTH 74
DEGREES 21' 309 EAST ALONG SAID TANGENT LINE AND SAID SOUTHWESTERLY
LINE, 662.08 FEET; THENCE SOUTH 28 DEGREES 50' 539 WEST 195.71 FEET;
THENCE SOUTH 27 DEGREES 00' 009 EAST 16.66 FEET; THENCE SOUTH 28 DEGREES
58' 539 WEST 480.00 FEET TO A LINE PARALLEL WITH AND SOUTHWESTERLY
350.00 FEET FROM SAID BULKHEAD LINE; THENCE NORTH 61 DEGREES Oil 079
NEST ALONG SAID PARALLEL LINE, A DISTANCE OF 798.00 FEET TO A POINT
WHICH BEARS SOUTH 28 DEGREES 58' 539 WEST 350.00 FEET FROM THE POINT OF
•BEGINNING; THENCE NORTH 28 DEGREES 58' 539 EAST 350.00 FEET TO THE POINT
OF BEGINNING.
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE 100 -FOOT RIGHT OF SPAY
OF THE CALIFORNIA STATE HIGHWAY ORA -60 -B, SAID POINT OF BEGINNING BEING
AT RIGHT ANGLES TO ENGINEER'S STATION 7 +95.46 IN THE CENTERLINE OF SAID
HIGHWAY.; THENCE SOUTH 15 DEGREES .381 30• WEST 44.00 FEET; THENCE NORTH
74 DEGREES 21' 309 WEST 34.00 FEET; THENCE NORTH 15 DEGREES 38' 309 EAST
TO AN INTERSECTION WITH THE SAID SOUTHERLY LINE OF TUB STATE HIGHWAY;
THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF
BEGINNING,
PAGE 7
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ALTA PLAIN OR- 9432035
LAMA6f WBi:TRENT
PARCEL A -3:
A NON - EXCLUSIVE EASEMENT FOR INGRHSS AND EGRESS OVER THAT CERTAIN PARCEL
OF LAND INCLUDED WITHIN A STRIP OF LAND 25.00 FEET IN WIDTH, THE
NORTHEASTERLY LING OF WHICH IS DESCRIBED AS FOLLOWS:
•BEGINNING AT A POINT ON THE U.S. BULKHEAD LINE EXTENDING FROM U.S.
BULKHEAD STATION NO. 129 TO 'U.S. BULKHEAD STATION NO. 130, AS SAID
BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF
NEWPORT BAY, CALIFORNIA, SHOWING HARBOR LINES APPROVED BY THE WAR
DEPARTMENT, TANUARY 18, 1917, WHICH SAID POINT IS DISTANT SOUTH 61
DEGREES 01' 07" EAST, MEASURED ALONG SAID BULKHEAD LINE, 700.00 FEET
FROM THE INTERSECTION OF SAID BULKHEAD LINE WITH THE SOUTHWESTERLY
PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF
FIRST ADDITION TO NEWPORT HEIGHTS RECORDED IN BOOK 4, PAGE 94 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
SAID POINT OF INTERSECTION BRING TEE MOST SOUTHERLY CORNER OF LOT H OF
TRACT NO. 919, AS PER MAP RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE
OF MISCELLANEOUS MAPS IN THR OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE NORTH 28 DEGREES 58' 53" EAST 154.19 FEET TO A POINT IN
THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA
STATE HIGHWAY ORA -60 -B, SAID POINT BEING RADIAL TO ENGINEER'S STATION
6 +56.15 IN THE CENTERLINE OF SAID HIGHWAY, SAID RADIAL BEARS NORTH 19
DEGREES 37' 57" EAST FROM SAID POINT, SAID SOUTHWESTERLY LINE BEING A
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2050.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINN, THROUGH A CENTRAL ANGLE OF
3 DEGREES 59' 279, 142.79 FEET TO A TANGENT LINE; THENCE SOUTH 74
DEGREES 21' 30N EAST ALONG SAID `PANGRNT LIM AND SAID SOU'PMOTERLY
LINE, 662.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 74
DEGREES 21' 30" EAST 130.08 FEET TO THE BEGINNING OF A CURVE ON SAID
SOUTHWESTERLY LINE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2550.00
FEET; THENCE SOUTHEASTERLY 715.56 FEET ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 16 DEGREES 04' 40" TO TER NORTHEASTERLY PROLONGATION OF
THU NORTHWESTERLY LINE OF TRACT NO. 1140, AS PER MAP RECORDED IN BOOK
36, PAGE 28 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
THE SOUTHWESTERLY, LINE OF SAID 25.00 -FOOT STRIP IS TO BE SHORTENED SO AS
TO TERMINATE IN SAID NORTHWESTERLY PROLONGATION AND LENGTHENED SO AS TO
TERMINATE ON A LINE WHICH BEARS SOUTH 28 DEGREES 58' 53" WEST FROM THE
TRUE POINT OF BEGINNING.
PARCEL A -4:
A NON - EXCLUSIVE EASEMENT FOR AUTO PARKING PURPOSES OVER THE SOUTH-
WESTERLY 20.00 FEET OF THE NORTHEASTERLY 45.00 FEET OF THAT CERTAIN
PARCEL MORE PARTICULARLY DESCRIBED AS'FOLLOWS:
PA4e a
x11
ALTA PLAN OR- 9432035
Wouku C"ITKENT
BEGINNING AT A POINT ON THE U.S. BULKHEAD LINK EXTENDING FROM U.S.
BULKHEAD STATION NO. 179 TO U.S. BULKHEAD STATION NO. 130, AS SAID
BULKHEAD LINE AND BULKHEAD STATIONS ARE LAID OUT AND SHOWN ON A MAP OF
NEWPORT BAY, CALIFORNIA, SHOWING HARBOR LINES APPROVED BY THE WAR
DEPARTMENT, JANUARY 18, 1917, WHICH SAID POINT IS DISTANT SOUTH 61
DEGREES 01' 074 EAST, MHASURED ALONG SAID BULKHEAD LINE, 700.00 FEET
FROM THE INTERSECTION OF SAID BULKHEAD LINE WITS THE SOUTHWESTERLY
•PROLONGATION OF THE CENTERLINE OF IRVINE AVENUE, AS SHOWN ON A MAP OF
FIRST ADDITION TO NEWPORT HEIGHTS RECORDED IN BOOK 4, PAGE 94 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
SAID POINT OF INTERSECTION BEING THE MOST SOUTHERLY CORNER OF.LOT H OF
TRACT NO. 919, AS SHOWN ON A MAP RECORDED IN BOOK 29, PAGES 31 TO 34
INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE NORTH 28 DEGREES 58' 5311 EAST 154.19 FEET TO A POINT
IN THE SOUTHWESTERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA
STATE HIGHWAY ORA -60 -B, SAID POINT BEING RADIAL, TO ENGINEER'S STATION
6 +56.15 IN THE CENTERLINE OF SAID HIGHWAY, SAID RADIAL HEARS NORTH 19
DEGREES 37' 57' BUT FROM SAID POINT, SAID SOUTHWESTERLY LINE BEING A
CURVE CONCAVE NORTHEASTERLY AND RAVING A RADIUS OF 2050.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF
3 DEGREES 59' 27', 142.79 FEET TO A TANGENT LINE; THENCE SOUTH 74
DEGREES 21' 30' EAST ALONG SAID TANGENT LINE AND SAID 90UTHWESTERLY
LINE, 662.00 FEET TO TEE TRUE POINT OF BEGINNING; THENCE SOUTH 28
DEGREES 58' 53' WEST 195.71 FEET; THENCE SOUTH 27 DEGREES 00! 001 EAST
16.66 FEET; THENCE SOUTH 28 DEGREES 58' 52% WE9T 490.00 FEET TO A LINE
PARALLEL WITH AND SOUTHWESTERLY 350.00 PEST FROM SAID BULKHEAD LINE;
THENCE SOUTH 61 DEGREES 01' 07' EAST 235.68 FEET ALONG SAID PARALLEL
LINE; THENCE NORTH 29 DEGREES 30' 13" EAST 697.99 FEET; THENCE NORTH 11
DEGREES 45' 401 EAST 49.32 FEET TO SAID SOUTHWESTERLY LINE OF THE STATE
HIGHWAY, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 2550.00 FEET; THENCE NORTHWESTERLY 118.56 FEET ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 2 DEGREES 39' 500 TO. THE
NORTHWESTERLY TERMINUS THEREOF; THENCE NORTH 74 DEGREES 21' 30' NEST
130.08 FEET TO THE TRUE POINT OF BEGINNING.
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The Balboa Bay Club
Planned Community District Regulations
Ordinance No. 94 -36
Adopted July 25, 1994
Amendment No. 787
TABLE OF CONTENTS
Page Number
I. Introduction .................... ............................... 1
H. Statistical Analysis .............. ............................... 2
• III. General Notes .................. ............................... 3
IV. Definitions ..................... ............................... 6
V. Permitted Uses ................. ............................... 7
VI. Development Standards ........... ............................... 9
•
VII. Sign Regulations ............... ............................... 13
VIII. Public Access Plan ............. ............................... 15
Balboa Bay Qub Planned Community Regulations
LIST OF EXHIBITS
Exhibit Number Exhibit Name Page Number
1 Vicinity Map ..... ............................... 2a
2 Land Use Plan .... ............................... 2b
• 3 Community Development Plan Area 1 and 2 ............ 2c
4 Public Access Plan ............................... 15a
5 Public and Private Use Areas ....................... 15b
•
ii Balboa Bay Club Planned Community Rmlations
I. INTRODUCTION
The Balboa Bay Club (BBC) is a water oriented, multi -use facility located in the City of
Newport Beach as shown in Exhibit 1. The BBC has a General Plan /Local Coastal
Program land use designation of Mixed Use Recreational and Marine Commercial/Multi-
Family Residential. This Planned Community District will allow for a Club Facility located
in the portion of site referred to as Area 1 and a Lodging Facility to be located in the
•portion of site referred to as Area 2. Both areas are described on the Land Use Plan,
Exhibit 2. The Club and Lodging Facilities are discussed in greater detail in the project
description.
The purpose of this Planned Community District (PCD) is to implement the goals and
policies of the City's General Plan /LCP and all applicable regulatory codes. In this regard,
the specifications of this text are intended to provide land use and development standards
supportive of the proposed uses, while ensuring City control of a quality development
through the adoption of a comprehensive development program.
Whenever the regulations contained herein conflict with the regulations of the Newport
Beach Municipal Code, the regulations contained herein shall take precedence. The
Municipal Code shall regulate this development when such regulations are not provided
within these district regulations. All development within the Planned Community District
boundaries shall comply with all provisions of the Uniform Building Code and various
mechanical codes related thereto.
Project Location
The BBC is located within the City of Newport Beach at 1221 West Coast Highway. The
project is situated between Lower Newport Bay on the south and Coast Highway on the
•north. The easterly and westerly boundaries respectively abut the Bayshores residential
community and the Sea Scout Base /OCC Rowing Base (See Exhibit 1).
Project Description
The Club Facility area (Area 1) is a combination of complimentary uses which includes the
following: Guest Facility, Guest Serving Retail Services, Indoor /Outdoor Restaurant,
Coffee Shop, Bar and Lounge, Ballroom and Conference Facility, Athletic Facility,
Administration Offices, and Marina /Boat Storage and parking. The adjacent Lodging
Facility (Area 2) includes: Units in the lodging facility, Parking, Boat Storage, Marina, and
Laundry.
In accordance with the California Coastal Act, the BBC Planned Community District shall
provide access to the general public (guests and casual visitors) by providing visitor serving
uses in the form of a guest facility, banquet and conference facility, and restaurant available
for use by the public. Pedestrian access shall be provided to harbor and beach view points
through a network of pedestrian corridors (see Exhibits 4 and 5).
1 Balboa Bay Club Planned Community Regulations
II. BALB ®A BAY CLUB STATISTICAL ANALYSIS
Floor Area Ratio = 0.79
Parking Spaces = 466
2 Balboa Bay Club Planned Community Regulations
Long -term
Maximum Gross
Short -term
Dwelling
Floor Area
Use
Acreage
Guest Rooms
Units
Permitted
Facilities
8.25 AC
145
-
189,000 Sq.Ft.
•Club
(Area 1)
Lodging Facility
4.40 AC
-
144
247,402 Sq.Ft.
(Area 2)
Total
12.65 AC
145
144
436,402 Sq.Ft.
Floor Area Ratio = 0.79
Parking Spaces = 466
2 Balboa Bay Club Planned Community Regulations
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III. GENERAL NOTES
1. Zoning Code Applicability
Except as otherwise stated in this text, the requirements of the Newport Beach
Zoning Ordinance shall apply.
2. Water Service
Water service to the Planned Community District will be provided by the City of
• Newport Beach.
3. Flood Protection
Development of the subject property will be undertaken in accordance with the flood
protection policies of the City of Newport Beach.
4. Grading
Grading and erosion control measures will be carried out within the Planned
Community as required by the Newport Beach Building and Planning Departments.
5. Archaeological /Paleontological Resources
Development of the site is subject to the provisions of City Council Policies K -5 and
K -6 regarding archaeological and paleontological resources.
6. Sewage Disposal
Sewage disposal service facilities for the Planned Community will be provided by
Orange County Sanitation District No. 5.
7. Landscaping
All landscaping along street rights -of -way shall be installed in accordance with a
landscape plan prepared by a licensed landscape architect, which has been reviewed
• by the General Services Department and approved by the Public Works Depart-
ment.
8. Mechanical Equipment Enclosures -Noise Attenuation
Prior to final building permit clearance, all new mechanical appurtenances (i.e.
utility vaults and emergency power generators, etc.) shall be enclosed. Noise
associated with said generators shall be attenuated at side property lines adjacent to
residential uses to 55 dBA. The enclosure design shall be based upon the
recommendations of a licensed engineer practicing in acoustics, and be approved by
the Building Department. All rooftop equipment (other than vents, wind turbines,
etc.) shall be architecturally treated or screened from off -site views in a manner
compatible with the building materials prior to final building permit clearance for
each new or remodeled building. Rooftop screening and enclosures shall be subject
to the requirements of the 26/35 Height Limitation Zone.
3 Balboa Bay Club Planned Community Regulations
9. Use Permit Required
Prior to issuance of any demolition, grading or building permit, a Use Permit shall
be approved in conformance with these Planned Community Regulations.
10. Exterior Lighting
All exterior lighting shall be designed and maintained in such a manner as to conceal
light sources and to minimize spillage and glare to the adjacent residential
properties. Lighting plans shall be prepared by a licensed electrical engineer, with
a letter stating that, in his opinion, this requirement has been met.
11. Loading Areas
•
All loading and unloading operations shall be performed on -site. Loading platforms
and areas shall be screened from off -site views.
12. Refuse Collection
Outdoor refuse collection areas shall be screened from adjacent properties and
streets.
13. Outdoor Paging
Outdoor paging shall be permitted only in limited, critical circumstances and shall
be attenuated in accordance with the recommendations of a study prepared by a
certified Acoustical Engineer. No outdoor paging shall be permitted until such a
study is submitted to and approved by the Building Department.
14. Amplified Music
All amplified music played after 6:00 PM shall be confined within the interior of a
building unless a Special Events Permit is obtained.
15. Restaurant /Kitchen Facility Requirements
The restaurant and all other commercial /institutional kitchen areas shall be subject
to the following requirements:
a. Kitchen exhaust fans are required and shall be designed to control odors and
smoke, unless otherwise approved by the Newport Beach Building Depart-
ment.
b. Washout areas shall be provided in such a way as to insure direct drainage
into the sewer system and not into the bay or the storm drains, unless
otherwise approved by the Newport Beach Building Department.
C. Grease interceptors shall be installed on all fixtures in any kitchen area where
grease may be introduced into the drainage systems in accordance with the
provisions of the Uniform Plumbing Code, unless otherwise approved by the
Newport Beach Building Department and Public Works Department. Grease
interceptors shall be located in such a way as to be easily accessible for
routine cleaning and inspection.
4 Balboa Bay Club Planned Community Regulations
•
•
16. On -Site Laundry/Dry Cleaning
The on -site laundry/dry cleaning facilities shall be subject to the following
requirements:
a. Any boilers shall be isolated in accordance with the requirements of the
Uniform Building Code.
b. Dry cleaning services shall be limited to pick -up /delivery and pressing only.
No cleaning facility shall be operated on site.
5 Balboa Bay Club Planned Community Regulations
IV. DEFINITIONS
All definitions in the City of Newport Beach Zoning Code shall be adhered to with the
exception of the following:
Banquet /Ballroom
Conference shall mean a place of public assembly which may serve food and
• beverages for consumption on the premises within a structure that is
fully enclosed with a roof and walls.
Boat Storage shall mean areas designated for dry dock storage.
Guard Station shall mean a permanent structure and gate used to direct visitors
entering the property via automobile.
Guest Facility shall mean a hotel -type facility with living units intended for short -term
occupancy by the general public (i.e., without restriction or membership
requirement).
Marina shall mean a water area where vessels may be stored or moored.
Net Site Area shall mean the entire area of the site between the U.S. Bulkhead line,
the ultimate right -of -way line of West Coast Highway and the side
property lines.
Rooftop Terrace shall mean an area located above an enclosed occupied space partially
or fully open to be used for, but not limited to, circulation, landscape,
outdoor terrace, outdoor dining, pool /spa, other forms of recreation
• and fountains.
Seasonal Canvas shall mean a temporary structure for use on a seasonal
Structure basis which sells and /or serves food products and /or beverages for
consumption on premises. It shall also mean a temporary structure for
recreational beach related uses.
Balboa Bay Qub Planned Community Reeulatiom
V. PERMITTED USES
A. Primary Uses Permitted
The following uses shall be permitted subject to approval of a use permit.
Area 1 Area 2
O
Guest Facility ® Residential Units
•
Guest Serving Retail Services
•
Athletic Facility
•
Restaurant (Indoor /Outdoor)
•
General Public Assembly Facilities
(i.e. Ballrooms and Conference Areas)
•
Clothing /Dress Shops /Pro shop
•
Barber Shop
•
Jewelry Shop
•
Beauty Salon
•
General Retail
•
Catering
•
Seasonal canvas structures
Guard station /gate
o
Poolside concessions (food /beverage pool bar)
Areas 1 and 2
o Parking structures, lots, and facilities
0 Marina /boat storage
0 Pools and spas
• • Rest room and locker facilities
o Administrative offices
® Other uses determined by the Planning Director or the Planning Commission
upon referral from the Planning Director, to be of a similar nature and which
are compatible with the intended use of the property.
B. Accessory Uses Permitted
Accessory uses shall be limited to those services and facilities intended to
serve the needs of the Balboa Bay Club (employees, tenants, members and
guests) and not the general public. The following accessory uses and
structures are permitted when customarily associated with a permitted
principal use on the same building site. Accessory use shall include the
following:
7 Balboa Bay Club Planned Community Regulations
Areas 1 and 2
® Maintenance Facilities
• Laundry Facilities
e Dry cleaners (pick -up /delivery and pressing only - -no on -site cleaning plant)
e Carwash facilities (connection to sanitary sewer required)
e Employee support facilities (e.g., cafeteria, lockers)
® Guest business services (e.g., typing, copying, Fax services)
o Other uses determined by the Planning Director, or by the Planning
. Commission upon referral from the Planning Director, to be of a similar
nature and which are compatible with the intended use of the property.
•
Balboa Bay Club Planned Community Regulations
VI. BALBOA BAY CLUB DEVELOPMENT STANDARDS
A- Area 1 (Club Facility
The following development standards shall apply to Area 1 (see Exhibit 3).
1. Building Height
• Height limit shall be as provided in the 26/35 Height Limitation Zone
of the City of Newport Beach Municipal Code.
2. Setback Requirements
a. Front (West Coast Highway frontage)
• Minimum building front yard setback shall be fifty (50)
feet for occupied buildings.
• Surface Parking setback shall be a minimum of five (5)
feet.
o Fences and walls shall not exceed 6 feet in height within
the front yard setback and shall comply with the require-
ments of Section 4, below.
b. Side
® Minimum side yard setback along the Bayshores proper-
ty line shall be one hundred -fifty (150) feet. Land-
scaping, planters, walls, fencing, trellises, pergolas,
parking spaces and driveways shall be allowed within the
setback area subject to a 10 -foot height limit. Non -
habitable architectural features (e.g., trellis, awning, bay
window) may encroach up to 5 feet into the required
side yard setback.
C. Rear ba ont)
• Building setback from U.S. Bulkhead line shall be a
minimum of ten (10) feet. No solid fencing or walls
greater than 3 feet in height shall be permitted within
the rear yard setback. Transparent windscreens may
extend up to 8 feet above grade.
9 Balboa Bay Club Planned Community Regulations
3. Parking Standards
All required parking shall be provided on -site and may occur on surface lots
and /or within parking structures. Parking for the permitted club facility uses
shall be provided in accordance with a demonstrated formula upon the
recommendations of a parking demand analysis reviewed by the City Traffic
Engineer and approved by the Planning Commission .
Valet and tandem valet parking shall be permitted.
• tics of any valet parking service and the location
exclusively for valet and /or tandem parked cars will
and approval of the City Traffic Engineer.
Operational characteris-
of parking areas used
be subject to the review
The design and layout of all parking areas shall be subject to the review and
approval of the City Traffic Engineer.
The required number of handicapped parking spaces shall be designed within
the on -site parking area and shall be used solely for handicapped self - parking.
One handicapped sign on a post and one handicapped sign on the pavement
shall be required for each handicapped space.
4. Landscaping, Walls and Fencing
Landscaping to include softscape and hardscape shall be provided in all areas
not devoted to structures, parking, driveways, and loading dock areas. All
landscape plans, where applicable, shall incorporate a combination of trees,
shrubs, berms, fences and planters to adequately screen the property from
adjacent uses, enhance building exteriors and create a "park like" setting. A
• minimum of five (5 %) percent of surface parking areas shall be devoted to
planting.
Trees in view corridors shall be maintained so as not to exceed 26 feet in
height. (View corridors consist of the 150 -foot setback on the eastern edge
of the property and the *_ 100- foot -wide main entry area between the Palm
Court building and the Spa building.) In areas other than view corridors,
trees shall be maintained so as not to exceed the height of the roofline of the
adjacent building. No landscaping shall be permitted on rooftops.
A detailed landscaping and irrigation program (prepared by a landscape
architect, licensed landscaping contractor or architect) shall be approved by
the Planning and General Services Departments prior to issuance of building
permits and installed prior to issuance of the Certificate of Use and
Occupancy.
10 Balboa Bay Qub Planned Community Regulations
Landscaping shall be set back from the property line along West Coast
Highway to provide sight distance in conformance with City Standard Plan
#110-L
Fencing within the front yard setback of Area 1 shall be predominantly an
open design (e.g., wrought iron) so as to maintain public views of the marina
and the bay from West Coast Highway. Landscaping shall be maintained so
as to enhance public views. Solid walls or fences shall only be permitted in
this area if it can be demonstrated that public views of the bayfront would not
isbe obstructed.
B. Areal (Lodging Facility)
The following development standards shall apply to the Lodging Facility Use
(Area 2) as shown on Exhibit 3.
1. Building Height
The height limit shall be as provided in the 26/35 Height Limitation
Zone of the Newport Beach Municipal Code. The existing building is
a legal nonconforming structure. Continued use of this structure shall
be subject to the provisions of Chapter 20.83 of the Municipal Code
(Nonconforming Structures and Uses).
2. Setback Requirements
a. Front
• Minimum building front yard setback shall be fifteen (15) feet.
• • Perimeter theme wall, landscaping and parking may occur from
building to property line.
b. Side
• Building setback from the side property line shall be a mini-
mum of fifteen (15) feet.
C. Rear
• Building setback from U.S. Bulkhead line shall be a minimum
of ten (10) feet.
11 Balboa Bay Club Planned Community Reaulations
•
3. Parking Requirements
Parking for lodging use shall not be less than 1.5 spaces per unit and
shall be provided on -site.
4. Landscaping and Walls
Landscaping shall be provided in all areas not devoted to structures,
parking and driveways. Landscaping shall consist of a combination of
•
trees, shrubs, groundcover and hardscape improvements. Landscaping
within front yard setback area shall be designed to create a "park like"
setting, softening off -site views. Perimeter theme walls shall not
exceed ten (10) feet in height from existing grade , and are subject to
applicable City codes.
A detailed landscaping and irrigation program (prepared by a
landscape architect, licensed landscaping contractor or architect) shall
be approved by the Planning and General Services Departments prior
to issuance of building permits and installed prior to issuance of the
Certificate of Use and Occupancy.
12 Balboa Bay Qub Planned Community Reeulations
VII. SIGN REGULATIONS
The purpose of this section is to define and provide development standards for all
applicable signage located at the Balboa Bay Club.
A. Definitions
• The terms listed in this section shall apply to the sign program and have
meanings which follow:
Monument Sign - The term "Monument Sign" means any sign which
is supported by its own structure and is not part
of or attached to any building and which is
intended to depict project entry or project arrival.
Sign The term "Sign" means any media including their
structure and component parts which are used or
intended to be used out -of -doors to communicate
information to the public.
Sign Face - The term "Sign Face" means the physical plane
and /or surface upon which the wording or images
are applied.
Sign Letter The term "Sign Letter" means the individual
symbols used in forming the words of a message.
Vehicle Entry Sign - "Vehicle Entry Sign" shall refer to a sign denoting
• intersection points along West Coast Highway
and which denotes access for automobiles into
the Balboa Bay Club.
B. Permitted Signs
1. Project Identification Signs
Monument Signs, identifying the Balboa Bay Club main entry, are
permitted at each vehicle entry drive location. Two (2) Vehicle Entry
Signs are allowed at the main entry and one (1) sign at the service /sec-
ondary entry. The location of the signs shall be approved by the City
Traffic Engineer to ensure adequate sight distance.
The sign area of each sign face shall not exceed 100 square feet and
may be a series of panels or other artistic form interpreted by a
designer. Sign area shall not exceed a total height of eight (8) feet .
13 Balboa Bay Club Planned Community Rmlations
Signs may include: illumination, natural moving water features,
projections and use of neon when used to artistically enhance
architectural features and /or signage.
2. Directional Signs
In addition to other signs permitted in this section, signs used to give
direction to vehicular or pedestrian traffic within the project are
permitted. Said signs shall not contain advertising messages and shall
• be subject to review and approval of the City Traffic Engineer.
3. Temporary Signs
In addition to other signs permitted in this section, temporary signs,
intended to be displayed for sixty (60) days or less are permitted for
purposes related to special events and /or seasonal activities. Tempo-
rary signs, identifying new construction or remodeling, may be
displayed for the duration of the construction period and may extend
beyond the sixty (60) day limit. No temporary signs above the first
floor shall be permitted.
C. Sign Maintenance
Signs, together with all of their supports, braces, guys and anchors, shall be
properly maintained with respect to appearance, structure and electrical
features.
D. Restricted Sign Types
Signs visible from surrounding land uses are subject to the following special
• restrictions:
No rotating, flashing, blinking or signing with animation shall be permitted .
No signs shall be permitted which initiate or resemble official traffic signs or
signals. No wind or audible signs shall be permitted.
14 Balboa Bay Club Planned Community Regulations
VIII. PUBLIC ACCESS PLAN
The Balboa Bay Club was established prior to passage of the Coastal Act and historically
has operated as a private facility with access restricted to members, their guests, and
attendees of scheduled functions. The Newport Beach Local Coastal Program /Land Use
Plan states "... At such time as the extension of the lease is negotiated, full consideration
shall be given to public access to the site."
This Planned Community Development Plan provides the general public access to restaurant
• and meeting facilities, retail shops, and a bayfront walkway (see Exhibits 4 and 5). In
addition, 121 of the 145 hotel rooms shall accommodate overnight guests without any club
membership requirement. Hotel guests shall have access to a pool and exercise facilities
in addition to the other public areas. The existing Terrace Apartments, small sandy beach,
and a limited number of other new facilities may remain private for exclusive use by club
members. The sandy beach area, which covers approximately one quarter acre, is not large
enough to accommodate unrestricted public access and does not have rest room facilities.
Restricted use is therefore deemed necessary due to public health and safety considerations.
LCP /LUP Public Access Policies 5 and 6 state that access in new development shall be
provided through the dedication of easements, both lateral (i.e., parallel to the shore) and
vertical (i.e., perpendicular to the shore). Since the Balboa Bay Club property is under City
ownership, public access shall be controlled through these Planned Community Development
Regulations rather than easements. As shown in Exhibit 4, the general public may enter
through the main entrance. Signage shall be provided to direct pedestrians to the bayfront
walkway, and limited public parking shall be provided. Public access shall also be provided
along the eastern section of the bulkhead, which is approximately 500 feet in length. Access
to the walkway in front of the Terrace Apartments may be restricted because the only
pathway to this area is through a parking lot and driveway, which could create a public
safety hazard and security problem.
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15 Balboa Bay Club Planned Community Regulations
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