HomeMy WebLinkAbout20 - Use Permit No. 3618CITY OF NEWPORT BEACH
• CITY COUNCIL STAFF REPORT
Agenda Item No. 20
March 9, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: James Campbell, 949 - 644 -3210, jampbell @city. newport- beach.ca.us
SUBJECT: Adoption of a Resolution approving Use Permit No. 3618
INITIATED BY:
APPLICANT NAME
Planning Department
Bay Island Club
DISCUSSION
The City Council reviewed and approved Use Permit No. 3618 on November 24, 1997;
however, the resolution to implement this approval was never adopted. The resolution
was not adopted due to the fact that the recommended action in the staff report did not
mention the adoption of the draft resolution, which was attached to the report. Adoption
. of the resolution is important since it contained the written findings for approval and
conditions of approval that includes site developments standards and fire safety
conditions. No substantive changes to the resolution have been made. The project that
the Use Permit authorizes is the establishment of the Planned Residential Development
permit for the existing single family homes on Bay Island.
Public Notice:
This item has not been noticed as a public hearing; however the item appears on the
Council's agenda which has been posted in accordance with applicable law. Public
hearings for this Use Permit were conducted in late 1997. The adoption of the resolution
is considered a minor "housecleaning" item and officially implements the previous action
of the City Council to approve Use Permit No. 3618 as intended by staff.
RECOMMENDATION:
Adopt the attached resolution approving Use Permit No. 3618.
Prepared by: Submitted by:
oe
• mes W. am ell, enior Planner Patricia L. Temple, Planning Director
Attachments: Excerpt of Council minutes from November 23, 1997
Council Staff Report for Use Permit No. 3618
Draft Resolution for adoption
City of Newport Beach
City Council Minutes
November 24, 1997
Motion by Council Member Thomson to approve Use Penuit No. 3612,
Traffic Study No. 112, and the acceptance of an environmental document.
icil Member Debay spoke in support, of the project and said there are
ways to characterize an application. She said this could be a flagship
S ess and new concept and will also get rid of a vacant old disintegrating
2 re and the toxic problems. She said that Council Member Glover has
e jlhard with plans for Mariner's Mile and she is not negating her
erns, Nut doesn't agree with the characterization.
Council Mem r Hedges offered an amendment to the motion to shorten the
construction pe 'od from 24 to 12 months, however it died for lack of a
second.
#42, which states that al
however the sign may be
the Planning Director ul
sign incorporates landsca
to the aesthetics of the 1
sign as permitted by
architectural elements in
r Glover to amend the motion to add Condition
ground sign shall not exceed a height of six feet,
�rmitted to exceed this limit with the approval of
yadetermination that the overall design of the
ig nd architectural treatments which contribute
!ject ind Finding #S, that the addition of a pole
the Ci
The applicant concurred with the
sign code would detract from the
to the building design.
new condition on sipiage.
The amendment to the inotion carried by tli�ollowing roll call vote:
Ayes: Debay, Hedges, Glover, Noyes, 1VI yyor Edwards
Drees: Thomson, O'Neil
Absent: None
Abstain: None
Council Member Hedges moved to amend condition \J'lclof to the 45 mph
site distance to 55 mph, however the inotion died for econd.
The main inotion as amended carried b,y the following roll call v'
Ayes: Thomson, Debay, O'Neil, Noyes, Mayor Edwards
Noes: Hedges, Glover
Absent: None
Abstain: None
13. PUBLIC HEARING ON THE APPLICATION OF BAY ISLAND (BAY
ISLAND CLUB, APPLICANT) FOR USE PERMIT NO. 3618 - A
PLANNED RESIDENTIAL DEVELOPMENT USE PERMIT TO
ESTABLISH LAND USE AND PROPERTY DEVELOPMENT
REGULATIONS FOR THE BAY ISLAND COMMUNITY.
•
•
Planning Director Temiplc e>p!:,lued :fiat this particular use permit is to
establish design and develo;,meoc sc.n, lards for Qu, Bay Island area. �T'hen .
the new zoning code was adopted several zoning districts were eliminated,
Volume 51 - Page 516
0
City of Newport Beach
City Council Minutes
November 24, 1997
including the R3 District. As part of that process, the property of Bay Island
was rezoned to the MFR (multi-family residential) District with a planned
residential development overlay. The reason for this is that Bay Island while
it is fully developed with sing'.: family dwellings is a single parcel with no
subdivision in place, theref'i;rc in order io have zoning consistent with the
existing development it was necessary to establish the MFR district. Staff
proposed the tool of the PRD Use Permit to establish the particular
development standards that would allow for and control and limit the
development to single family style development so apartments can not be
built in that area. The actual developntent standards were developed by an
architect working for the Bay Island organization and were concurred with
by the Planning Commission.
Mayor Edwards opened the public ]tearing.
Bill Ficker, 417 30th Sti ect. architect for Bay Island, requested that the
Council approve the subject u.;c permtit.
Hearing no further testimony, the public hearing was closed.
Motion by Council Member Fled es to approve Use Permit No. 3618.
Without objection, the motion carried by acclamation.
• 1 PUBLIC HEARING TO CONSIDER THE ADOPTION OF
ORDINANCE NO. 97 -38 GRANTING A NOI�TEaCLUSFJE
OMDLGRCiAi SOLID WASTE COLLECTION FRANCHISE TO KEY
D OSAL, INC.
City Ma' zger Murphy " plained tbat dtis public heuring is pursuatt to an
ordinance Ike Council adopted rc Mating non - exclusive franchising of
commercial s 'd waste activities. This applicant has provided all the
necessary inform oil pursuant to that ordinance and staff is re coin mettdimg
adoption of the ordi ce.
Mayor Edwards opened thl- ,public ]tearing
Madelene Arakalian, said thatNILS company has been operating for several
years in Newport Beach and quests ed whether the City has been collecting
fees from there. She spoke against th *ranting of the franchise since they
have operated without one for so ntauy ye s.
Mr. Murphy explained that there ]tas been eilfNcemelit action taken against
the applicant and staff is recommending appro since they have been
outside of the law and this will bring thettt into cornplNpce with the laws.
Motion by Mayor Pro Tent O'Neil to adopt Ordinance No. 7 -35 granting a
Noll- Exclusive Solid Waste Franchise to Key Disposal, Inc.; d authorize
approval of a subsequent franchise agreement with Key Di sal, Inc.
Without objection, the mnt.ion ecu-riu,1 by acclatation.
iCouncil Member Hedges said he would like to see a change to the old iman
Volume 51 - Page 517
INDEX
Solid Waste
Franchise
Ord 97 -38
(42)
3
PROJECT:
SUMMARY
ACTION:
LEGAL
DESCRIPTION
ZONING
DISTRICT:
LAND USE
DESIGNATION:
OWNER
Hearing Date: November 24, 1997
Agenda Item No.: 13
Staff Person: Patrick J.
(714) 644- 5
REPORT TO THE MAYOR AND CITY COUNCIL t�OV 2 Q Ip'
Bay Island (Bay Island Club, applicant) AP
A planned residential development use permit to establish land use and
property development regulations for the Bay Island community.
Hold hearing; if desired, approve, modify, or deny:
• Use Permit 3618
Portion of Section 34, Tract 65, Ranee IOW
Multi - Family Residential (MFR) with a Planned Residential Development
(PRD) Overlay.
Residential Single Family Detached
Bay Island Club
Bay Island (UP 3618)
Noveml5cr 24. 1997
Page I
11
)
CITY OF NEweORT BEACH
EWPO
Rr0
O4�
COMMUNITY AND ECONOMIC DEVELOPMENT
\
PLANNING DEPARTMENT
F n
U =
SSoo NEWPORT BOULEVARD
s
��q �orvNd
NEWPORT BEACH. CA 83658
I)14) 6:N -32on: FAX (Ta) 644.3$*
PROJECT:
SUMMARY
ACTION:
LEGAL
DESCRIPTION
ZONING
DISTRICT:
LAND USE
DESIGNATION:
OWNER
Hearing Date: November 24, 1997
Agenda Item No.: 13
Staff Person: Patrick J.
(714) 644- 5
REPORT TO THE MAYOR AND CITY COUNCIL t�OV 2 Q Ip'
Bay Island (Bay Island Club, applicant) AP
A planned residential development use permit to establish land use and
property development regulations for the Bay Island community.
Hold hearing; if desired, approve, modify, or deny:
• Use Permit 3618
Portion of Section 34, Tract 65, Ranee IOW
Multi - Family Residential (MFR) with a Planned Residential Development
(PRD) Overlay.
Residential Single Family Detached
Bay Island Club
Bay Island (UP 3618)
Noveml5cr 24. 1997
Page I
11
E
VICINITY MAP
Newport Bay
ear rscam
/f Subject Property
11 1 Y
�r
Use Permit 3618
Subiect Property and and SurroundingLand Uses
Current Land Use: The subject property is developed with 24 single family detached residential
dwelling units or sites, a caretaker residence, a tennis court, and open space.
To the north:
Newport Bay
To the south:
Newport Bay, with single family and two family residential beyond.
To the east:
Newport Bay
To the west:
Newport Bay
Bay Island (UP 3618)
November 24, 1997
Page 2
5
Points and Authority
• Environmental Review (California Environmental Ouality Act)
It has been determined that the project is categorically exempt under Class 5 (Minor
alterations in Land Use Limitations).
• Conformance with the General Plan/Local Coastal Plan
The residential sites are designated Residential Single Family Detached and all other areas
are designated Recreational and Environmental Open Space. The Residential Single Family
detached land use classification is primarily for single family detached dwelling units.
However, both the Land Use Element and the Local Coastal Plan allow for other forms
of residential development with comparable densities. The project has a gross density of
4.6 dwelling units per acre, which is comparable with the densities of conventional single
family detached subdivisions. The project is therefore consistent with the Land Use
Element of the General Plan and the Local Coastal Land Use Plan.
• Conformance with the Zoning Ordinance
Section 20.10.020 of the Municipal Code establishes that multi - family residential dwelling
units are permitted by right in the Multi- Family Residential (MFR) District. Section
2_0.56.02_0 of the Municipal Code establishes that the Planned Residential Development
(PRD) Overlay District allows planned residential developments with a use permit.
Project Development Characteristics
Sites 925 and 926 are currently developed as one (I) dwelling unit. Site 921 is undeveloped.
•
0
Bay Island (UP 3618) •
1 November 24, 1997
Page 3
0
Former R -3
Existing
Proposed
District
MFRDistrict
PRD
Gross Land Area (Acres)
5.5
Dwelling Units
Existing
22
Undeveloped Sites
2'
Caretaker's Unit
1
TOTAL:
25
Max. Floor Area Limit
3
1.75
2.5
(Floorarea: Buildable Lot Area)
Maximum Height (feet)
24- 28128 -35
24/28
24M
(By right/mth use Permit)
Off - Street Parking
48
48
48
Sites 925 and 926 are currently developed as one (I) dwelling unit. Site 921 is undeveloped.
•
0
Bay Island (UP 3618) •
1 November 24, 1997
Page 3
0
Backeround
Bay Island was classified as Restricted Multiple Family Residential (R -3) from 1936 until the R -3
District was deleted from the City's Zoning Code in 1997. Bay Island was then reclassified to the
Multi- Family Residential (MFR) District with a Planned Residential Development (PRD) Overlay.
The PRD Overlay was applied to Bay Island for the purpose of using a planned residential
development use permit to insure that the single family detached character of the development is
maintained.
Planning Commission Recommendation
On October 23, 1997, the Planning Commission voted unanimously to recommend approval of the
proposed PRD use permit. The Planning Commission's action included a modification of the off -
street parking requirements and a waiver of the requirement that the project be bounded on all sides
by public streets.
Analysis
Bay Island is a cooperative with multiple dwelling units on a single parcel. Because of this, many
of the City's conventional zoning regulations, such as setback yards and floor area limits, are not
directly applicable. The proposed PRD use permit is intended to modify the base MFR District land
use and property development regulations to accommodate the unique characteristics of the
development.
Under the proposed PRD use permit, one (1) single family dwelling is to be permitted on each
building site. Setback yards would be established by delineating building sites and buildable areas
on a `Building Site Map" (Attachment 92). The maximum floor area limit would be of 2.5 times
the buildable site area. The maximum height would be twenty -four (24) feet with the ability to
increase the height limit to twenty -eight (28) feet with the approval of the Planning Commission.
These land use and property development regulations are consistent with those in the surrounding
area.
The Planning Commission established an off - street parking requirement of two (2) parking spaces
per unit, including one (1) covered (the same that would be required if Bay Island was a
conventional single family detached subdivision). To meet this requirement, Bay Island currently
provides a parking structure located at 501 West Bay Avenue with forty -eight (48) off - street parking
spaces (37 covered and I I uncovered).
The Planning Commission also waived the requirement that the project be bounded on all sides by
public streets. Obviously, this is not possible with Bay Island, so the Planning Commission
. Bay Island (UP 361 S)
November 24, 1997
Page 4
I
waived this requirement by finding that this is consistent with standards of pedestrian and
vehicular access and traffic circulation for the development and for the area in which the develop-
ment is located. The Planning Commission based this finding on the fact that the project has
existed as a pedestrian-only residential development for the past seventy -five years and has not
negatively affected the pedestrian and vehicular system in area. The Planning Commission also
found that with the standards established by the planned residential development use permit (see
paragraph below), the project will have adequate pedestrian and vehicular access.
The Fire and Marine Department has determined that the property does not have adequate access
for emergency response and that the existing water supply system needs upgrading. To address
these issues, language is included requiring that automatic fire sprinklers and a pressure regulator
be installed in all new structures and in all remodels with improvements of $50,000 or more.
Language has also been added stating that Bay Island will sign an agreement indemnifying the
City from contamination or damage that may result if the water pressure is increased during
firefighting operations.
Conclusion
Section 20.91.035 of the Municipal Code provides that in order to grant any use permit, it must be
found that the establishment, maintenance or operation of the use or building applied for will not,
under the circumstances of the particular case, be detrimental to the health, safety, peace, morals,
comfort, and general welfare of persons residing or working in the neighborhood of such proposed
use or be detrimental or injurious to property and improvements in the neighborhood or the general
welfare of the City. In this particular case, based upon the analysis contained in this report, the
findings for approval can be made as provided in the draft resolution (Attachment #1).
Staff cannot reasonably conceive of findings for denial since the proposed use, in this particular
case, conforms with the requirements of the Title 20 of the Municipal Code and does not appear to
have any detrimental effect on the surrounding neighborhood.
Submitted by: Prepared by:
SHARON Z. WOOD PATRICK J. ALFORD
Assistant City Manager Senior Planner
Attachment: 1. Draft resolution.
2. Building Site Map.
3. October 23, 1997 Planning Commission staff report.
4. October 23, 1997 draft Planning Commission minutes.
Bay island (UP 3618)
November 24, 1997
Page 5
C]
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING A PLANNED RESIDENTIAL
DEVELOPMENT USE PERMIT TO ESTABLISH LAND USE AND
PROPERTY DEVELOPMENT REGULATIONS FOR THE BAY
ISLAND COMMUNITY [USE PERMIT 3618]
WHEREAS, the Bay Island was developed as a stock cooperative prior to the establishment
of City zoning regulations; and
WHEREAS, a planned residential development use permit is necessary for the administration
of City zoning regulations on existing and future development on Bay Island; and
WHEREAS, the Land Use Element of the General Plan and the Local Coastal Program Land Use
Plan designate the site for "Residential Single Family Detached" residential uses and that a planned
residential development is a permitted use within this designation; and
WHEREAS, the project is located within the Multi- Family Residential District and Planned
Residential Development Overlay District, which permits multi - family residential land uses and
planned residential developments; and
WHEREAS, Bay Island provides off - street parking for each dwelling unit which is equal to
that of the requirement for single family residential dwelling units. The off - street parking for Bay
Island has shown to be adequate for many years and that the approval of the planned residential
development use permit will not result in additional parking demand; and
WHEREAS, the waiver of the requirement that the planned residential development be
bounded on all sides by public streets will not-be inconsistent with adequate standards of pedestrian
and vehicular access and traffic circulation for the development and for the area in which the develop-
0 ment is located. The project has not negatively affected the pedestrian and vehicular system in the
past seventy -five years, and with the standards established by the planned residential development use
k
permit, the project will have adequate pedestrian and vehicular access; and
WHEREAS, the approval of Use Permit No. 3618 to allow a planned residential development
will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing or working in the neighborhood or be detrimental or
injurious to property or improvements in the neighborhood or the general welfare of the City, for the
following reasons:
• The proposed planned residential development will not
significantly alter the land use and development pattern of
Bay Island.
• That the PRD will allow Bay Island to continue to be
developed with dwelling units, densities and property
development standards which are consistent with those in
the surrounding area.
WHEREAS, on October 23, 1997, the Planning Commission of the City of Newport Beach
held public hearings regarding Use Permit 3618; and
WHEREAS, on November 24, 1997, the City Council of the City of Newport Beach held a
public hearing regarding Use Permit 3618; and
WHEREAS, the public was duly noticed of the public hearing; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that
the proposed amendment is categorically exempt under Class 5, minor alterations in land use
limitations.
u
11
•
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1: Use Permit 3618 is hereby approved to establish the following land use and
property development. regulations for Bay Island:
1.5 Bay Island - PRD. All development shall conform to MFR District regulations
unless modified by the following:
1.5.1 Setbacks and Encroachments.
A. "Major Structures" shall conform to setbacks and envelopes as illustrated
on Building Site Map dated 8 -15 -97 which defines the Buildable Area of
these sites.
B. "Minor Strictures" such as sun shades, decks, railings, stairs, etc., may
encroach into the area illustrated with a maximum railing height of 42"
above the main living floor. Porches and decks, roofs, etc., to serve floors
above the main living floor shall be cantilevered and shall not encroach
more than 5' into the front yard (bayside) or more than 4' into the rear yard
(interior or "park" side). Roofs may encroach an additional 2'.
1.5.2 Gross Floor Area
Gross Floor Area shall not exceed 2.5 times "buildable area."
1.5.3 Land Use
Each site designated on the map of Bay Island shall permit the construction of only
one single family unit. The existing caretaker's residence and the tennis court are
permitted as accessory uses to the single family units.
1.5.4 Parkine
A parking structure built and owned by the Bay Island Club and located on Lots 2,
3, 4, 5, 6, Block 3, East Newport Tract provides parking for 48 cars, 37 covered and
I 1 uncovered. Two off - street parking spaces, including one covered, shall be
maintained for each dwelling unit, including any caretaker's residences.
1.5.5 Building Height •
Building height shall be 24', using the measurement of height defined in the
Newport Beach Zoning Code, Chapter 20.65. This may be increased to a maximum
of 28' with the approval of the Planning Commission if it is deemed compatible and
consistent with the height and scale of adjacent and surrounding dwellings.
1.5.6 Nonconforming Buildings and Structures
Buildings and structures made nonconforming due to the adoption of this planned
residential development use permit or by ordinance changes may be continued
subject to the provisions of Chapter 20.62 of the Newport Beach Zoning Code.
1.5.7 Modification PermitsNariances
Modifications and variances to the property development regulations established by
this planned residential development use permit or the Zoning Code may be granted
under the provisions of Chapter 209; and Chapter 20.91, respectively, of the •
Newport Beach Zoning Code.
1.5.8. Public Safely improvements
All new structures shall be fully automatic fire sprinklered in conformance with the
requirements specified by the Newport Beach Fire and Marine Department.
All existing structures shall be retrofitted with automatic fire sprinklers in
conformance with the requirements specified by the Newport Beach Fire and Marine
Department when the valuation of any new construction or alterations exceeds
$50,000.
Fire sprinkler system for each residential dwelling unit shall be installed on the
dwelling unit's domestic water line. It shall be installed ahead of the pressure
regulator so that the fire sprinkler system will be pressurized when the 6" fire main .
is pressurized.
I&
. Since the domestic and fire system are common, Bay Island shall sign an
indemnification agreement, which is agreeable to both the Bay Island Club and the
City of Newport Beach, indemnifying the City of Newport Beach for contamination
or damage to individual dwelling units or the common domestic water system from
pressurization of the fire line.
This resolution was adopted at a regular meeting of the City Council of the City of Newport
Beach held on March 9, 2004 , by the following vote, to wit:
f. J
ATTEST:
CITY CLERK
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
0
RESOLUTION NO. 23
A RESOLUTION OF THE CITY COUT;CIL OF THE CITY OF
NEWPORT BEACH APPROVING A PLANNED RESIDENTIAL
DEVELOPMENT USE PERMIT TO ESTABLISH LAND USE AND
PROPERTY DEVELOPMENT REGULATIONS FOR THE BAY
ISLAND COMMUNITY [USE PERMIT 3618]
WTIEREAS, the Bay Island was developed as a stock cooperative prior to the establishment
of City zoning regulations; and
WHEREAS, a planned residential development use permit is necessary for the administration
of Cite zoning regulations on existing and future development on Bay Island; and
'W'HEREAS. the Land Use Element of the General Plan and the Local Coastal Program Land Use
Plan designate the site for 'Residential Single Family Detached" residential uses and that a planned
residential development is a permitted use within this designation: and
WHEREAS, the project is located within the Multi- Family Residential District and Planned
Residential Development Overlay District, which permits multi - family residential land uses and
planned residential developments; and
WHEREAS, Bay Island provides off- street parking for each dwelling unit which is equal to
that of the requirement for single family residential dwelling units. The off - street parking for Bay
Island has shown to be adequate for many years and that the approval of the planned residential
development use permit will not result in additional parking demand; and
WHEREAS, the waiver of the requirement that the planned residential development be
bounded on all sides by public streets will not be inconsistent with adequate standards of pedestrian
and vehicular access and traffic circulation for the development and for the area in which the develop-
ment is located. The project has not negatively affected the pedestrian and vehicular system in the
past seventy -five years, and with the standards established by the planned residential development use
permit, the project will have adequate pedestrian and vehicular access; and
WHEREAS, the approval of Use Permit No. 3618 to allow a planned residential development
will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals,
comfort and General welfare of persons residing or working in the neighborhood or be detrimental or
injurious to property or improvements in the neighborhood or the general welfare of the City, for the
following reasons:
• The proposed planned residential development will not
significantly alter the land use and development pattern of
Bay Island.
• That the PRD will allow Bay Island to continue to be
developed with dwelling units, densities and property
development standards which are consistent with those in
the sirrounding area.
WHEREAS, on October 23, 1997, the Planning Commission of the City of Newport Beach
held public hearings regarding Use Permit 3618; and
WHEREAS, on November 24, 1997, the Citv Council of the City of Newport Beach held a
public hearing regarding Use Permit 3618; and
'WHEREAS, the public was duly noticed of the public hearing; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that
the proposed amendment is categorically exempt under Class 5, minor alterations in land use
limitations.
THE CITY COliNCIL OF THE CITY OF NEUTORT BEACH DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1: Use Permit 3618 is hereby approved to establish the following land use and
property development.reRulations for Bav Island:
15 Bav Island - PRD. All development shall conform to MFR District regulations
unless modified by the following:
1.5.1 Setbacks and Encroachments.
A. "Major Structures" shall conform to setbacks and envelopes as illustrated
on Building Site Map dated 8 -15 -97 which defines the Buildable Area of
these sites.
B. "Minor Structures" such as sun shades, decks, railings, stairs, etc., may
encroach into the area illustrated with a maximum railing height of 42"
above the main living floor. Porches and decks, roofs, etc., to serve floors
above the main living floor shall be cantilevered and shall not encroach
more than 5' into the front yard (bayside) or more than 4' into the rear yard
(interior or "park" side). Roofs may encroach an additional T.
1.5 .2 Gross Floor Area
Gross Floor Area shall not exceed 2.5 times "buildable area."
1.53 Land Use
Each site designated on the map of Bay Island shall permit the construction of only
one single family unit. The existing caretaker's residence and the tennis court are
permitted as accessory uses to the single family units.
15.4 Parking
A parking structure built and owned by the Ba, Island Club and located on Lots 2,
=, 4, 5; 6, Block _, East Newport Tract provides parking for 48 cars, 37 covered and
11 uncovered. Two off - street parking spaces, including one covered. shall be
maintained for each dwelling unit, including any caretaker's residences.
1 5.5 Building Height
Building height shall be 24', using the measurement of height defined in the
Newport Beach Zoning Code, Chapter 20.66. This may be increased to a maximum
of 28' with the approval of the Planning Commission if it is deemed compatible and
consistent with the height and scale of adjacent and surrounding dwellings.
15.6 Nonconforming Buildings andStrucnves
Buildings and structures made nonconforming due to the adoption of this planned
residential development use permit or by ordinance changes may be continued
subject to the provisions of Chapter 20.62 of the Newport Beach Zoning Code,
1.5.7 Modification Permits;l'ariances
Modifications and variances to the property development regulations established by
this planned residential development use permit or the Zoning Code may be granted
under the provisions of Chapter 20.93 and Chapter 20.91, respectively, of the
Newport Beach Zoning Code.
1.5.5. Public Safety lmorovements
All new structures shall be fully automatic fire sprinklered in conformance with the
requirements specified by the Newport Beach Fire and Marine Department.
All existing structures shall be retrofitted with automatic fire sprinklers in
conformance with the requirements specified by the Newport Beach Fire and Marine
Department when the valuation of any new construction or alterations exc °eds
$50,000.
Fire sprinkler system for each residential dwelling unit shall be installed on the
dwelling unit's domestic water line. It shall be installed ahead of the pressure
regulator so that the fire sprinkler system will be pressurized when the 6" fire main
is pressurized.
Since the domestic and fire system are common, Bay Island shall sign an
indemnification agreement which is agreeable to both the Bay Island Club and the
City of Newport Beach, indemnifying the City of Newport Beach for contamination
or damage to individual dwelling units or the common domestic water system from
pressurization of the fire line.
This resolution was adopted at a regular meeting of the City Council of the City of Newport
Beach held on March 9, 2004 , by the following vote, to wit:
AYES, COUNCILMEMBERS Heffernan, Rosasnsky, Adams,
Bromberg, Webb, Nichols, )`Mayor Ridgeway
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF - NEWPORT BEACH
1, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California. do
hereby certify that the whole number of members of the City Council is seven: that the foregoing
resolution, being Resolution No. 2004 -23 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council. duly and regularly held on the 9th
day of March, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan. Rosansky, Adams, Bromberg, Webb. Nichols, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed the
official seal of said City this 10th day of March, 2004.
(Seal)
City Clerk
Newport Beach, California