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HomeMy WebLinkAbout2009-5 - Approving Planned Community Development Plan Amendment No. PD2007-005 (PA2007-210)ORDINANCE NO.2009-0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2007 -005 (PA2007 -210) WHEREAS, an application was filed for a General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map by the Big Canyon Country Club, with respect to a 1.9 -acre property located on the north side of Big Canyon Drive, between Rue Biarritz and Rue Villars; and WHEREAS, the project includes a General Plan Amendment, Planned Community Development Plan Amendment, and Parcel Map to allow the development of a new, single - family dwelling on a portion of the Big Canyon golf course. The General Plan Amendment would change the land use category from "Parks and Recreation" (PR) to "Single Unit Residential — Detached" (RS -D). The Planned Community Development Plan Amendment would amend the Big Canyon Planned Community Development Plan to change the land use designation from "Golf Course" to "Low Density Residential; and WHEREAS, on December 4, 2008, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting; and WHEREAS, at the December 4, 2008, public hearing, the Planning Commission received public comments and voted (5 ayes and 2 absent) to recommend approval of the proposed Planned Community Development Plan Amendment; and WHEREAS, a public hearing was held by the Newport Beach City Council on January 27, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, an amendment to the Planned Community Development Plan is a legislative act. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments; and WHEREAS, the proposed subdivision of a 82,764- square -foot lot is consistent with the 8,000- square -foot minimum lot size for the Low Density Residential planning area within the Big Canyon Planned Community; and WHEREAS, a Mitigated Negative Declaration was completed and circulated for a mandatory 20 -day public- review period that began on November 7, 2008, and concluded on December 1, 2008. Comments on the Mitigated Negative Declaration were considered by the Planning Commission at the December 4, 2008; and WHEREAS, a Mitigation Monitoring Report Program was completed to implement all mitigations required by the Mitigated Negative Declaration; and THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Big Canyon Planned Community District Regulations shall be amended as provided in Exhibit "A ", with all other provisions of the existing Planned Community District Regulations remaining unchanged and in full force and effect. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on January 27, 2009, and adopted on February 10, 2009, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, C, ABSENT ATTEST: owo'v -. L�- CITY CLERK APPROVED AS TO FORM: •- MAYOR Exhibit "A" Planned Community Development Plan Amendment EXHIBIT - A BIG CANYON AMENDMENT NO. 4 CITY OF NEWPORT BEACH JANUARY 1981 THE IRVINE OUMPAW PLANNM CXXVI"" C45MCT RESAAMNS O Low Density Residential Areas 8, 9, 9A, 11, 12 t� ® Low Medium Density Residential Areas 2, 3, 4, 5, 7, 13 - Medium High Density Residential h(�� Areas 1, 6, 10, 14, 16 Commercial Area 15 :1� ^;pis•. Religious Institutional & Nature Preserve Golf Course J Land Use Plan Big Canyon Planned Community Big_Canyon_PD2007 -005 .mxd January 27, 2009 Amendment No. 554, adopted January 26, 1981 Amendment No. 589, adopted June 9, 1993 Amendment No. 603, adopted March 26, 1984 Amendment No. 651, adopted August 24, 1987 Planned Community Text Amendment No. 2003 -001, adopted October 26, 2004 TABLE OF CONTENTS Page Introduction I Section I STATISTICAL ANALYSIS 2 Section II GENERAL 4 Section III DEFINITIONS 6 Section IV LOW DENSITY RESIDENTIAL AREAS 8, 9, 9A, 11, 12 Sub - Section A Permitted Uses 7 Sub - Section B Minimum Lot Size 7 Sub - Section C Building Height 7 Sub - Section D Setback from Streets 7 Sub - Section E Setbacks from Other Property Lines 8 Sub - Section F Lot Area Coverage 8 Sub - Section G Fences, Hedges and Walls 8 Sub - Section H Trellis 9 Sub - Section I Parking 9 Sub - Section J Architectural Features 9 Section V LOW MEDIUM DENSITY RESIDENTIAL AREAS 2, 3, 4, 5, 7, 13 Sub - Section A Permitted Uses 10 Sub - Section B Minimum Lot Area 10 Sub - Section C Building Height 10 Sub - Section D Setback from Streets 10 Sub - Section E Setbacks from Other Property Lines 11 Sub - Section F Lot Area Coverage 12 Sub - Section G Fences, Hedges and Walls 12 Sub - Section H Trellis 12 Sub - Section I Parking 12 Sub - Section J Architectural Features 12 Section VI MEDIUM HIGH DENSITY RESIDENTIAL AREAS 1, 6, 10, 14, 16 Sub Section A Permitted Uses 13 Sub - Section B Building Site Area 13 Sub - Section C Building Height Limit 13 Sub - Section D Setback from Streets 13 Sub - Section E Setbacks from Other Property Lines 14 Sub - Section F Parking 14 Sub - Section G Site Area Coverage 14 Sub - Section H Signs 14 Section VII GOLF COURSE Sub - Section A Permitted Uses Sub - Section B Building Height Limit Sub - Section C Setback from Streets Sub - Section D Setbacks from Other Property Sub - Section E Parking Section VIII COMMERCIAL AREA 15 Sub - Section A Uses Permitted Section IX SIGNS Section X RELIGIOUS INSTITUTIONAL AND NATURE PRESERVE AMENDMENTS 15 15 15 15 15 17 18 26 28 SECTION I. STATISTICAL ANALYSIS f•.3[KN�u'(�Pi7al. a `II���� Gross2Maximum Type Tvae Area Acres' Acres DU /Ac Low Density 8, 9 & 9A 433 45.4 2.224 11 8.8 3.0 12 57.5 2.5 SUBTOTAL 109 8111.7 Low Medium Density �f1 tW8 11F_\ I 2 5.8 3&4 20.8 5 16.8 7 13 Medium High 17.1 6 10 14 16 SUBTOTAL 7.7 10.6 61.7 10.0 5.2 18.9 9.4 11.3 51.9 3.0 4.0 4.0 DO Per/DU Povulation X102 3.6 364 25 3.6 90 117 3.6 421 243 244 875 17 3.0 51 78 3.0 234 61 3.0 183 1 Unless otherwise noted acreage established by existing subdivision maps, parcel maps or other recorded data. 2 Gross acreage includes the individual lots, any interior streets within the area, and one -half (1 /2) of, or thirty (30) feet of (whichever is lesser), the width of any perimeter street or adjacent open space. 3 Unless otherwise noted DUs represent actual construction. Based on maximum number of DUs per GPA 79 -1, adopted December 10, 1979. 5 Based on maximum density permitted by GPA 81 -2, adopted May 9, 1983, which is 10 DU's per buildable acre. Density of Area 16 is 9.3 DUs per buildable acre. 4.0 26 3.0 78 4.5 43 3.0 129 225 675 11.0 83 2.5 208 7.0 10.0 61 2.5 153 22.5 4.2 80 ° 2.0 160 10.5 7.0 74 2.0 148 15.2 10.0 80 5 2.0 160 65.2 378 829 1 Unless otherwise noted acreage established by existing subdivision maps, parcel maps or other recorded data. 2 Gross acreage includes the individual lots, any interior streets within the area, and one -half (1 /2) of, or thirty (30) feet of (whichever is lesser), the width of any perimeter street or adjacent open space. 3 Unless otherwise noted DUs represent actual construction. Based on maximum number of DUs per GPA 79 -1, adopted December 10, 1979. 5 Based on maximum density permitted by GPA 81 -2, adopted May 9, 1983, which is 10 DU's per buildable acre. Density of Area 16 is 9.3 DUs per buildable acre. SUPPORT FACILITIES Twe Area Acres Golf Course 1449143.0 Open Space (Hazard Areas) 17.0 Clubhouse 5.0 Commercial 15 1.5 Road 14.0 Maintenance 2.0 SUBTOTAL 184 4182.5 GRAND TOTAL 407.8 lresidence permitted for general manager of golf course. DU' Per/DU 1 3.6 84-7848 Population F1 2,383 SECTION IV. LOW DENSITY RESIDENTIAL AREAS 8, 9, 2A, 11, 12 This area is intended to provide primarily for large lot, detached single family residential housing and related community facilities. A. Permitted Uses Single family dwellings. 2. Parks, playgrounds, recreation or open space and green areas, riding, hiking paths, bicycle trails and related facilities of a non - commercial nature. 3. Accessory buildings, structures and uses where related and incidental to a permitted use. 4. One (l) on -site, 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 telephone number of the owner, but shall not show the name, address, telephone number of any other description or identification of any person, firm or corporation other than the owner of said property. 5. Golf course and appurtenant structures and facilities planned as a part of the planned community which are to be constructed in the immediate future, subject to the design criteria contained in the addendum of this ordinance. B. Minimum Lot Size A minimum lot size of 8,000 square feet shall be provided for each dwelling unit in Areas 8, 9, 11 and 12. C. Building Height Maximum height for all buildings shall be thirty -two (32) feet. Building height shall also be limited by provisions of the Newport Beach Building Code. D. Setback from Street The following minimum setbacks shall apply to all structures (not to include garden walls or fences) abutting street. Said setbacks are to be measured from the ultimate right -of -way line. However, the Planning Director may, upon submittal of a tentative subdivision map, review said 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. hr the case of modification or disapproval, the applicant may appeal to the Planning Commission for further consideration. Street Designation Loop Collector Local Street Setback from Ultimate Right-of-Way 20' 10' Garage and carports shall conform to the building setback requirements above except that when the garage or carport faces the access street, a setback not less than twenty (20) feet shall be observed. Said setback shall be measured from back of curb or in the event sidewalks are constructed, from back of sidewalk. E. Setbacks from Other Properly Lines All setbacks listed under this section refer to all property lines not affected by the requirements of Section D above. The minimum setbacks shall be: Rear or Front Yard Fifteen (15) feet. However, the Director of Community Development may, upon submittal of a tentative subdivision map, review said 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. Side Yard Five (5) feet. The above standards shall be required except that structures which abut a plaza, park, mall or other permanent open green space may abut the common property line and have Openings onto such open space. Dwellings may orient toward the streetside property line or the opposite property line in order to take advantage of view conditions. F. Lot 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. G. Fences, Hedges and Walls Fences shall be limited to a maximum height of eight (8) feet. Said fences are allowed in all setback areas, except the area within ten (10) feet of the front or streetside property line, where they shall be limited to three (3) feet. Wing walls, where an extension of a residential or accessory structure, may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed thirty (30) inches in height above street pavement grade within the triangle bounded by the right -of -way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right -of -way lines prolonged. H. Trellis Open trellis and beam construction shall be permitted to attach the garage or carport to the dwelling and may also extend from the dwelling to within three (3) feet of the side or rear property line. In side yards, the maximum height 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 air to areas which it covers. I. Parkin� Parking for residential uses in Areas 8, 9, 11 and 12 shall be in the form of not less than two (2) garage spaces per family unit. Parking for residential use in Area 9A shall be in the form of not less than six (6) parking spaces per family unit including two (2) garage spaces, Architectural Features Architectural features, limited to cornices or eaves, may extend two and one -half (2 1/2) feet into any front, side or rear yard setback. i UZI TM', 1 J-VF7-V TIMUMP UM1711-WiTi-iMini .. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2009 -5 was duly and regularly introduced on the 27th day of January, 2009, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of February, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of February, 2009. (Seal) City Clerk % City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2009 -5 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: February 14, 2009. In witness whereof, I have hereunto subscribed my name this 0�3 day of t 2009. City Clerk City of Newport Beach, California