HomeMy WebLinkAbout06 - Amendment No. 879 - 2300 Jamboree Road4lE`x'�bgr
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CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH. CA 92658
(714) 644 -3200; FAX (714) 644 -3250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Amendment No. 879
2300 Jamboree Road
September ,14, 1998
X
Eugenia Garcia
(949) 644 -32080
SUMMARY: Amendment to the Aeronutronic Ford Planned Community District
Regulations to:
• increase the height limit for dwellings located in area "4C ";
• increase the height of fences and walls within the Planned Community
to 10 feet due to changes in grade elevations between properties;
• accept an Addendum to EIR No. 153 (SCH #94011022) for minor
changes to the height limit in area "4C."
ACTION: Conduct public hearing; introduce Ordinance No. 98 -_, for amendment
No. 879, and pass to second reading on September 28, 1998.
• LEGAL
DESCRIPTION: Tracts 15332, 15387 through 15391
ZONE: P -C (Aeronutronic Ford Planned Community)
OWNER: Pacific Bay Homes
Planning Commission Action
The Planning Commission held a public hearing on the amendment on August 20, 1998, at which
time it voted unanimously to recommend approval of the amendment to the City Council. An
excerpt of the draft minutes of the Planning Commission, and a copy of the staff report prepared for
their consideration are attached for the information of the City Council.
In making its decision, the Planning Commission took into consideration a number of key features
of the application, specifically, the change in height in area 4C due to a change in product type and
grades; the fence height of properties with a grade differential of more than 2 feet; and an
Addendum to EIR No. 153 for view impact.
• The original request of the applicant would have increased the height limit in this area to an average
of 32 feet with a maximum ridge height of 35 feet. Before the Planning Commission meeting, staff
realized that approving the amendment as submitted could allow subsequent renovations to the
dwellings which could adversely affect views from Belcourt residences. Therefore, staff suggested,
and the Planning Commission approved, an alternative to limit heights based on the specific
elevations proposed by the applicant. This will insure that the views depicted in the visual analysis
contained in the EIR Addendum will be preserved.
An Amended Resolution was approved which established fence heights and maximum ridge
heights for each lot (see table below).
Submitted by:
SHARON Z. WOOD
Assistant City Manager
LOT NUMBER MAXIMUM HEIGHT (FT)
1
35
2
35
3
35
4
35
5
26.7
6
26.5
7
26.3
8
28
9
29
10
26.5
11
26.5
12
26.7
13
28.7
14
26
15
32.2
16
27
17
26.7
18
26.3
19
35
20
35
21
35
22
35
Prepared by:
EUGENIA GARCIA
Associate Planner
i
Attachments: Draft Ordinance
Excerpt of draft Planning Commis sion meeting minutes dated August 20, 1998
Planning Commission Staff Report
F: \users \pin\shared\l citycnl \1998 \0914\A879rpt
Amendment No. 879
Page 2
•
•
•
ORDINANCE NO.
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING AN AMENDMENT
TO THE AERONUTRONIC FORD PLANNED
COMMUNITY DISTRICT REGULATIONS TO AMEND
THE PERMITTED HEIGHT LIMIT FOR AREA 4C AND
CHANGE THE PERMITTED HEIGHT LIMIT FOR
FENCES AND WALLS THROUGHOUT THE PLANNED
COMMUNITY TO 10 FEET.
WHEREAS, on August 20, 1998, Planning Commission of the City of Newport
Beach held a public hearing regarding this amendment; and
WHEREAS, on September 14, 1998, the City Council of the City of Newport
Beach held public hearings regarding this amendment; and
WHEREAS, the public was duly noticed of the public hearings; and
• WHEREAS, pursuant to the California Environmental Quality Act, all significant
environmental concerns for the proposed project have been addressed in a previously certified
Environmental Impact Report (SCH #94011022), and an Addendum to the EIR has been
prepared in conjunction with Amendment 879. The City of Newport Beach accepts the
Addendum and supporting documents.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES
HEREBY ORDAIN AS FOLLOWS:
Section, V, B,4; Section VI, C, 4; Section VII, B, 4; Section VIII, B, 4; Section
IX, C, 5; Section X, C, 5, to read as follows:
Fences, Hedges and Walls
"Fences shall be limited to a maximum height of eight (8) feet. When there is a
grade difference between properties, fences shall be limited to a maximum of 8
feet, plus the amount of the grade differential between properties, except within
the front yard setback where fences, hedges and walls shall be limited to six (6)
• feet. Wing walls, where an extension of a residential or accessory structure is to
be constructed may be eight (8) feet in height. At street intersections, no such
appurtenance shall exceed two (2) feet in height measured from curb height within
Am d=nt No. 879
Page 3
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."
Section X, C,2,b shall be amended to read:
"Buildings in area 4C shall not exceed the maximum ridge heights shown below.
Average heights shall be no greater than three (3) feet lower than the maximum
height specified for a particular lot.
LOT NUMBER
MAXIMUM HEIGHT (FT)
1
35
2
35
3
35
4
35
5
26.7
6
26.5
7
26.3
8
28
9
29
10
26.5
11
26.5
12
26.7
13
28.7
14
26
15
32.2
16
27
17
26.7
18
26.3
19
35
20
35
21
35
22
35
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 September 14, 1998, and adopted on the 28th day of September, 1998,
by the following vote, to wit:
Amendment No. 879
Page 4
•
0
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ATTEST:
CITY CLERK
LJ
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LJ
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MA
Amendment No. 879
Page 5
City of Newport Beach
Planning Commission Minutes
August 20, 1998 INDEX
7. Th—elalanning Commission may add to or modify conditions of approval to this
Use Permi commend to the City Council the revocation of this Use Permit.
upon a determina at the operation which is the subject of this Use Permit.
causes injury. or is detriftAtal to the health. safety, peace. morals. comfort. or
general welfare of the commum
8. That this Use Permit shall expire unless exer ' d within 24 months from the
date of approval as specified in Section 20.80.09 the Newport Beach
Municipal Code.
SUBJECT: Aeronutro nic Ford Planned Community District
Regulations
2300 Jamboree Road
• Amendment No. 879
Amendment to the Aeronutronic Ford Planned Community District Regulations to:
• increasethe height limit for dwellings located in area "4C ";
• increase the height of fences and walls within the Planned Community to
10 feet due to changes in grade elevations between properties:
• accept an Addendum to EIR No. 153 (SCH #94011022) for minor changes
to the height limit in area "4C."
Mrs. Wood noted:
• The original amendment was to allow the maximum height in this area to be 35
feet.
• The photo exhibits show structures on a number of the lots at lower heights.
• The applicant has reviewed these exhibits with the neighboring property owners
in Belcourt and is committed to these lower heights.
• An amended resolution is being proposed indicating the maximum ridge height
for each lot.
• These photos are not practical to be part of the conditions or approved
document. It is appropriate to include into the record the statement that it is
because of this representation that the Commission is willing to approve these
heights and it is expected that this is the way the development shall occur.
Public comment was opened.
Rich Noland. Project Manager for Pacific Bay Homes. stated that they understand
and agree with staffs recommendations. Continuing. he noted that Pacific Bay
Homes has met with the Belcourt Homeowners Association board members as well
as having sent letters to adjacent area homeowners in 4C. The neighbors have seen
the exhibits and have stated their agreement with what is being proposed tonight.
Item No. 3
A 879
Approved
DRAFT •
Ll
R,
City of Newport Beach
Planning Commission Minutes
August 20, 1998 1 INDEX
Public comment was closed.
Motion was made by Commissioner Ridgeway to adopt Resolution No. 1475
recommending approval of Amendment No. 879 to the City Council. MOTION
CARRIED.
Ayes:
Ridgeway, Selich, Adams, Kranzley
Noes:
None
Absent:
Fuller, Gifford, Ashley,
Abstain:
None
�1
Oral Report regarding "Windows on the Bay" use I Item 4
permit. Discussion Item
Points
The cond itiohs,,of approval for this use permit specified that the Planning Commission
review this itemX July 1998. This is an oral report that will be followed up at the next
• meeting with a wri \reved ere are two issues of compliance:
The audio speakd but not to the height specified in the conditions.
They have since and the applicant indicates they will be relocated at
the correct height Additionally, there is a remaining speaker in a tree
that also should b
The other condition is for a patio doorsthat was to completely close off the patio from
the Lido Isle area as a noise protection. he applicant has submitted a letter from his
architect indicating that this would not be p Bible and still comply with the American
with Disabilities Act. The condition of appro 1 allows that as an exception. The
Building Department has reviewed that letter agrees that the door would not
comply with ADA, however, it may be possible for a Building Department to grant
an exception of compliance with the ADA if the C mission feels that the door
should be something to be required.
At Commission inquiry, Mrs. Wood noted that there have been No noise complaints to
date. The door issue will be brought forward at the next meetitigsince there is no
action being asked of the Commission at this meeting. The other ue that was to
be reviewed during the month of July was the Cannery. That issue denied and
therefore no action is necessary.
VA
11
4�fW Cp9r CITY OF NEWPORT BEACH Hearing Date: August 20, 1998
e COMMUNITY and ECONOMIC DEVELOPMENT
i PLANNING DEPARTMENT Agenda Item No.: 3
33� NEWPORT BOULEVARD Staff Person: Eugenia Garcia
NEWPORT BEACH. C.i 92638 Phone number: (949) 644 -3208
(949) 6*4 -3200: FAX (949) 644 -3250 Appeal Period: Automatic
REPORT TO THE PLANNING COMMISSION
SUBJECT: Amendment No. 879
2300 Jamboree Road
SUMMARY: Amendment to the Aeronutronic Ford Planned Community District
Regulations to:
• increase the height limit for dwellings located in area "4C'
• increase the height of fences and walls within the Planned Community
to 10 feet due to changes in grade elevations between properties;
• accept an Addendum to EIR No. 153 (SCH #94011022) for minor
changes to the height limit in area "41C."
ACTION:
ZONE:
LOCATION:
ONVNER:
Points and Authority
Approve, modify or deny:
• Amendment No. 879
• Addendum to EIR No. 153
P -C (Aeronutronic Ford Planned Community)
Tracts 15332,15387 through 15391
Same as applicant
• Environmental Compliance (California Environmental Quality Act)
All significant environmental concerns for the proposed project have been addressed in a
previously certified Environmental Impact Report (SCH #94011022), and an Addendum to
the EIR has been prepared in conjunction with Amendment 879. It is the intention of The
City of Newport Beach to accept the Addendum and supporting documents.
r
•
VICINITY MAP
Amendment No. 8791
Current Development:
The subject property is the former site of the Ford Aeronutronic and Loral Aerospace
research and development facilities, which have been demolished and phased construction
of the residential development is underway
To the north:
Are the residential communities of Bayridge and Belcourt
To the east:
Is Jamboree Road, with the community of East bluff beyond
To the south:
Is the Belcourt Hill development, Ford Road and the community of Big Canyon
To the west:
Is the Belcourt development
0
• Conformance with the General Plan •
The Land Use Element of the General Plan designates the site for "Single Family Attached
and Detached Residential" development, with an allocation of 404 dwelling units. The
proposed project is consistent with the General Plan. The proposal includes amendments to
the Planned Community District Regulations and Development Plan.
• Amendment procedures are set forth in Chapter Section 20.94.020 (B) of the Newport Beach
Municipal Code.
Background
Subsequent to the approval of the Aeronutronic Ford Planned Community on September 9, 1979,
it was amended on March 9, 1981, October 13, 1981, September 28, 1983, July 10, 1995 and
July 22, 1996. On July 10, 1995, the City Council determined that Final EIR No. 153 was
adequate for this project and satisfied all the requirements of CEQA. A copy of the previously
prepared environmental document and traffic study is available in the Planning Department for
review.
On August 8, 1996, the Planning Commission approved Tentative Tract Map No. 15332 for the
subdivision of the parcel of land into 404 numbered lots, 50 lettered lots and a parcel of land for
roadway dedication in conjunction with a residential development
On September 22, 1997, the City Council approved Final Tract Maps No. 15387, 15390, and •
15391, with a reduction and lot reconfiguration in Area 4C of Tract No. 15387, which was
determined by the Public Works Department to be in substantial compliance with the approved
Tentative Map.
On February 9, 1998, Final Tract Map No. 15399 and 15389 were approved by the City Council,
and on September 22, 1997, Final Tract Maps No. 15387, 15390, and 15391 were approved by
the City Council.
On July 13, 1998, the City Council approved Final Tract Map No. 15332.
Proposed Amendment
Building Height
The proposed amendment is to increase the permitted height limit for the dwellings located in
Area "4C" from the current 28 foot maximum ridge height to a maximum of 35 feet. The
developer is proposing to change the product mix in Area 4C, including increased roof heights,
which requires an amendment to the height limit in Area 4C. In order to accommodate the
increased height limit within the previously approved envelope, the applicant is proposing to
lower the grade for most of the lots, although the grade will not change for some lots.
3
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\D
• The Aeronutronic Ford Planned Community District Regulations permitted height limit for
dwellings in Area 4C is 7 feet lower than the balance of the Pacific Bay development. This
limitation was placed on Area 4C to preserve views from the Belcourt residential development
located adjacent to the subject site. Exhibits 1 through 3 depict the original proposal as viewed
from locations A and B in the Belcourt development and are part of the original analysis in EIR
No. 153.
Staff has analyzed the view from the same locations as in the original environmental analysis,
and finds that there are key lots that have the greatest potential to affect view from the Belcourt
area (see chart below).
VIEW A
VIEW B
Lot 4
Lot 7
Lot 14
Lot 8
Lot 15
Lot 9
Lot 17
Lot 12
Lot 18
Lot 13
Lot 14
Three of the key lots are proposed with higher pad elevations and roof structures than the
previous proposal (Lots, 4,8,9 in Exhibits 4 and 5). As can be seen in Exhibits 6 and 7 (new
• visual studies prepared on the proposed revision), the dwellings to be located on these lots will
not adversely impact the view from the Belcourt area. The remainder of the lots have lower pad
elevations and correspondingly lower roof heights than was previously depicted in the EIR.
Staff is of the opinion that the increased height limit of the dwellings will not impact the views
from the Belcourt neighborhood because of the lowered grade elevations, lot reconfiguration, and
the decrease in the number of lots in Area 4C, and could, therefore, be found consistent with the
intent of the existing height limit.
Fence Height
The proposed amendment includes a request to increase the permitted 8 foot maximum fence
height to 10 feet for property line fences on properties throughout the Planned Community.
Several of the proposed fences are at a height of 6 feet, but, as the tract is developing with
constant grade changes, many properties have differences of up to 4 feet between properties.
Because of this, the Modifications Committee has routinely been approving fences in excess of 8
feet for several properties in each phase of the development. Most of the approvals by the
Modifications Committee range in height from 9 feet to 10 feet 6 inches. Since this condition
exists on a large number of the properties within the development, a change to the Planned
Community Regulations is desirable.
Staff has reviewed the request and feels that a better solution for fence heights is to permit
• fencing that is 8 feet, plus the amount of the grade differential between properties. This will
4 �\
allow each property to enjoy at least an 8 foot property line fence, while continuing to limit the •
fence height between properties with a similar elevation to 8 feet. Staff is of the opinion that this
will allow for the differences in grade elevations between properties and assist in meeting the
City Noise Ordinance requirements.
CONCLUSION AND RECOMMENDATION
It is the opinion of staff that the proposed amendment represents a reasonable and appropriate
change to the Aeronutronic Ford Planned Community District Regulations for "Area 4C" since
the proposed changes are consistent with the General Plan and the intent of the Planned
Community District designation. The increased height of the dwellings in area 4C will not
adversely impact the view from the Belcourt area and the reduction and reconfiguration in the
lots will reduce the visual impact to provide more openness. Additionally, the increased fence
height will allow the project to proceed without processing numerous modification permits while
adhering to the City Noise Ordinance requirements for equipment.
Further, staff concludes, based on the information provided in the Addendum, that there are not
additional adverse view impacts in Area 4C and that the changes are consistent with approved
EIR No. 153.
Therefore, staff recommends that the Planning Commission recommend the approval of
Amendment No. 879 to the City Council with the findings contained in the draft resolution.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
EUGENIA GARCIA
ciate Planner
Attachments: Draft resolution with revised Planned Community District Regulations
Exhibits 1, 2, and 3 from EIR No. 153
Addendum to EIR No. 153 with Exhibits 4,5,6,7
F. \USERS\PIN\SHARED \1 PLANCOM\1998\8d0\AB79Rmo.DOC
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•
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• RESOLUTION NO. 1475
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING TO
THE CITY COUNCIL AN AMENDMENT TO THE AERONUTRONIC
FORD PLANNED COMMUNITY DISTRICT TO AMEND
THE PERMITTED HEIGHT LIMIT FOR AREA 4C AND CHANGE THE
PERMITTED HEIGHT LIMIT FOR FENCES AND WALLS
THROUGHOUT THE PLANNED COMMUNITY TO 10 FEET
(PLANNING COMMISSION AMENDMENT NO. 879)
WHEREAS, as part of the development and implementation of the Newport
Beach General Plan, the Land Use Element has been prepared; and
WHEREAS, Section 20.94.030 of the Newport Beach Municipal Code provides
that amendments to establish or amend a Planned Community Development Plan must be
approved by a Resolution of the Planning Commission setting forth full particulars of the
amendment; and
WHEREAS, the Planning Commission is of the opinion that the proposed
amendment to the Aeronutronic Ford Planned Community District Regulations is consistent with
the General Plan; and
WHEREAS, the Planning Commission has conducted a public hearing on
• August 20, 1998, at which time this amendment to amend the Aeronutronic Ford Planned
Community District Regulations was discussed and determined to be in conformance with the
"Single Family Detached and Single Family Attached" designation of the Newport Beach
General Plan, since the proposed amendment does not alter the residential character of the
subject property or the Ford Aeronutronic Planned Community District as a whole; and
WHEREAS, the Newport Beach Municipal Code provides specific procedures
for the implementation of Planned Community zoning for properties within the City of Newport
Beach;and
WHEREAS, the Public Resources Code Sections 21083 and 21087 provide for
the City of Newport Beach to make minor corrections to EIR No. 153 with an addendum, and
WHEREAS, an addendum to EIR No. 153 has been prepared to make technical
corrections to that document, and
WHEREAS, the proposed amendment to the land use limitations of the
Aeronutronic Ford Planned Community District, to change the height limit for dwellings will
apply to Area 4C and the height limit for fences and walls will apply to the entire development
project; and
WHEREAS, an amendment to the height limitations for Area 4C of the
Aeronutronic Ford Planned Community District Regulations is necessary in order to allow a
broader range of architectural styles in Area 4C; and
•
13
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of •
the City of Newport Beach does hereby recommend that the City Council approve Amendment
No. 879 to change the height limit of Area 4C and the height limit for walls and fences
throughout the project development of the Aeronutronic Ford Planned Community District, and
to amend the Aeronutronic Ford Planned Community District Regulations for the following
Sections:
Section, V, B,4; Section VI, C, 4; Section VII, B, 4; Section VIII, B, 4; Section
IX, C, 5; Section X, C, 5, to read as follows:
Fences, Hedges and Walls
"Fences shall be limited to a maximum height of eight (8) feet. When there is a
grade difference between properties, fences shall be limited to a maximum of 8
feet, plus the amount of the grade differential between properties, except within
the front yard setback where fences, hedges and walls shall be limited to six (6)
feet. Wing walls, where an extension of a residential or accessory structure is to
be constructed may be eight (8) feet in height. At street intersections, no such
appurtenance shall exceed two (2) feet in height measured from curb height
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."
Section X, C,2,b shall be amended to read: •
"Buildings in area 4C shall not exceed the maximum ridge heights shown below.
Average heights shall be no greater than three (3) feet lower than the maximum
height specified for a particular lot.
LOT NUMBER MAXIMUM HEIGHT (FT)
1
35
2
35
3
35
4
35
5
26.7
6
26.5
7
26.3
8
28
9
29
10
26.5
2
•
)A
•
11
26.5
12
26.7
13
28.7
14
26
15
32.2
16
27
17
26.7
18
26.3
19
35
20
35
21
35
22
35
ADOPTED, this 20th day of August, 1998, by the following vote, to wit:
Edward Selich, Chairman
Richard A. Fuller, Secretary
AYES Ridgeway, Selich, Adams, Kranzley_
Q
NOES
ABSENT Fuller, Ashley, Gifford
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• Addendum to EIR No. 153
Pursuant to Section 15164 of the State CEQA Guidelines, an Addendum to Newport Beach EIR
No. 153, SCH #94011022, has been prepared to address changes to the Ford/Loral (Pacific Bay
Homes) project. The proposal is to change certain height limits for Planning Area 4C of the
Planned Community.
In the determination to prepare this Addendum, the City of Newport Beach finds the following:
1. The revisions to the project will not result in new significant impacts or the increase in
the severity of previously identified significant effects.
2. The circumstances under which the project was approved have not changed.
3. No new information has been presented showing any new environmental effects, there
are no effects previously identified which are more severe than previously shown, and no
mitigation measures have been found infeasible.
This determination has been based upon the following information:
Analysis
The 1995 EIR for the project, SCH #94011022, specifically addressed the Area 4C potential
• view impacts to the adjacent Belcourt Homes. Figure 19a from the EIR shows the planned
plotting and the locations for the view analysis. The narrative in the EIR states that the view
analysis was prepared utilizing the "preliminary grading plan and a conceptual plotting of
dwelling units."
In order to evaluate potential view impacts to the adjacent Belcourt homes, photographic pan
shots were taken from the property line with the Belcourt homes development at the top of the
existing slope bank. (These photographs illustrating existing views are shown in exhibit Figures
19b and 19c in the original EIR). Based on the preliminary grading plan and a conceptual
plotting of dwelling units provided by the project proponent as well as proposed development
standards, a three dimensional computer model of the proposed development was created and
overlaid upon the photographic base of existing views.
As exhibit Figures 19a, b and c illustrate, views from the adjacent Belcourt homes would not be
altered by the proposed development. The Belcourt homes presently have at least a horizon line
view of the ocean from yards in this location although the perimeter is walled so that only views
from second stories are unobstructed. The proposed development depicted in EIR No. 153
would preserve these views and the EIR concluded, "No significant impacts have been
identified" as related to views.
Attached Exhibit 4 shows the new proposed lot layout for Area 4C with the dwellling units
located further back from Ford Road and Souther Hills Drive than was previously depicted in
• the EIR. Additionally, a larger setback has been established at the northwest comer of the
intersection of Ford Road and Southern Hills Drive. The Building Department indicates that
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.final grading plans have been issued and the site has been graded with the proposed new grades, •
which allows for the preparation of a more accurate view analysis than was possible for the 1995
EIR.
Photo exhibits 6 and 7, prepared by the applicant, indicate the actual finished grade conditions
and actual building heights. The top portion of each exhibit shows the existing grade and the
lower portion depicts those grades with the proposed dwelling. The difference between this
exhibit and the 1995 EIR exhibits is the additional setbacks and the more northerly location of
the dwellings in area 4C. Of the proposed 21 lots in are 4C, seven are proposed to exceed the 28
foot height limit and vary in height from 28.8 feet to 32.6 feet. Referring to Exhibit 7, lots 8, 9,
13 and 15, are in the view analysis area, and do not impact the view because of the changes in lot
locations and grade elevations.
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