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HomeMy WebLinkAboutPlanned Community Development Amendement No. 2006-004 (PA2006-173)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No.5 September 7, 2006 TO: . PLANNING COMMISSION FROM: Planning Department Russell Bunim, Assistant Planner (949) 644 -3233, rbunimO- city.newport- beach.ca.us SUBJECT: Planned Community Development Amendment No. 2006 -004 (PA2006 -173) INITIATED BY: City of Newport Beach ISSUE Should the City approve an amendment to the Aeronutronic Ford Planned Community Development Plan to decrease the maximum density permitted in Planning Area 5 from 48 dwelling units to 47 dwelling units, and prohibit residential subdivisions that result in additional dwelling units? RECOMMENDATION Staff recommends the Planning Commission recommend approval of Planned Community Development Amendment No. 2006 -004 to the City Council by adopting the attached draft resolution. DISCUSSION Site Description & Background The Aeronutronic Ford Planned Community (PC -24) is located within the surrounding streets of Bison Avenue, MacArthur Road, San Joaquin Hills Road, and Jamboree Road. Planning Area 5 is generally described as the area south of Bison Avenue, west of MacArthur Boulevard, north of Huntington Court, and east of Belcourt Drive. Aeronutronic Ford PC Amendment — Density Reduction September 7, 2006 Page 2 Vicinity Map /ff - \ I , JBMON AV -58URY CT i LONG EMY DR T o is CH l } e v � t I t. ..,i �RQENG�� i VfLAGG10x ` j r R CT y 1 p Or4L 04 J �� lr._! ,-CAMPANILE t\ ti I i e I Si LOGGIA I rt SONITA CANYON OR S t t I r r—' Atq(! t 'S'qI .;� .a '�-. FORD "'��,�,,— I a L t Rp �...'C . Aeronutronic Ford PC — Area 5 Current Development: Single Family Residential To the north: Commercial, Multi - Family, Institutional To the east: —Multi-Family Residential To the south: Multi - Family and Single Family Residential To the west: —Single Family Residential 3 Aeronutronic Ford PC Amendment — Density Reduction September 7, 2006 Page 3 The Aeronutronic Ford Planned Community Text was adopted in 1979 to establish the zoning classification and development standards for the community in conjunction with the approval of the tentative tract map. Design standards such as setbacks, minimum lot size, lot coverage, parking requirements, and height limitations were adopted to ensure the protection of adequate light, air, privacy, and open space for each dwelling unit, and insure design compatibility with the surrounding neighborhood. The Aeronutronic Ford Planned Community is currently broken up into 8 different planning areas (Exhibit 2). In 1981, a tract map application and an amendment to Planning Area 5 were approved eliminating a park site and increasing the permitted number of lots from 39 to 48 residential lots, thus allowing the build out to a maximum of 48 lots. However, in 1986, a series of resubdivisions occurred with lots on Cheshire Court, ultimately resulting in the merger of three lots into two lots, reducing the actual density of the area by one unit (47). Project Background At the July 25, 2006 City Council meeting, Councilmember Daigle requested staff to prepare an amendment to the Aeronutronic Ford Planned Community Development Plan (PC -24) in response to a letter received on behalf of the Belcourt Master Association. The Belcourt Master Association has recently amended their Declarations of Covenants, Conditions, and Restrictions (CC &R's) to prohibit the subdivision of any lot within the Association. The Association's letter, attached as Exhibit 3, requested the City amend both the General Plan and Aeronutronic Ford Planned Community Development Plan to prohibit further subdivision of lots and to limit the maximum number of permitted dwelling units. It specifically requested to reduce the density of dwelling units permitted within Planning Area 5 of the PC to 47, which is consistent with the existing number of lots. At the August 8, 2006 City Council meeting, the initiation of this amendment was unanimously approved. General Plan The Land Use Element of the General Plan (Statistical Area L -3 — AF Area 5) is designated for Single Family Detached uses and currently allocates a maximum of 39 dwelling units for the area. It appears that the 1988 Land Use Element Update erroneously established 39 units as the maximum and did not account for a prior amendment of the Ford Aeronutronic Planned Community which permitted a maximum of 48 dwelling units within Planning Area 5. However, as previously stated, 47 lots currently exist as a result of the 1986 resubdivision merging 3 lots into 2 lots. b Aeronutronic Ford PC Amendment — Density Reduction September 7, 2006 Page 4 The new comprehensive General Plan Update has eliminated specific dwelling unit limitations for the Planned Community area and has established a policy (LU 42) prohibiting subdivisions. LU 4.2 specifically states as follows: "Prohibit new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be resubdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit Residential land use categories. (Imp 6. 1, 11.9)" Therefore, an amendment of the recently adopted, but not effective, comprehensive General Plan update is not necessary. Should the General Plan update not be approved in November at the ballot, an amendment of the 1988 Land Use Element would be necessary for consistency. Analysis As stated, the Aeronutronic Ford Planned Community text contains specific development standards for the development of custom residential lots within Planning Area 5, including a 9,000 sq. ft. minimum lot size requirement. Several lots within the planning area, particularly the lots at the end of each cul -de -sac, are substantially larger than the minimum required lot size, and could possibly be resubdivided into 2 smaller lots. Therefore, in order to preclude future subdivisions and to maintain current lot configurations and density, an amendment to the PC text is required. Environmental Review This project has been reviewed, and it has been determined that the proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of Area 5 and posted at the community entrances a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 0 Aeronutronic Ford PC Amendment — Density Reduction September 7, 2006 Page 5 Prepared by: Submitted by: EWASW---� Russell Bu im, ssistant Planner Gregg a irez, nior Planner Exhibit: 1. Draft Resolution 2. Aeronutronic Ford Planned Community Land Use Map 3. Belcourt Master Association letter 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2006 -004 TO REDUCE THE DENSITY IN PLANNING AREA 5 OF THE AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT (PC -24) FROM 48 TO 47 DWELLING UNITS AND TO PROHIBIT NEW SUBDIVISIONS. (PA 2006 -173) WHEREAS, On July 25, 2006, the City Council initiated an amendment to the Aeronutronic Ford Planned Community to consider reducing the density from 48 to 47 dwelling units within Planning Area 5, and prohibiting new subdivisions; and WHEREAS, A public hearing was held by the Newport Beach Planning Commission on September 7, 2006 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 Planning Commission at this meeting; and WHEREAS, Planning Area 5 in the Aeronutronic Ford Planned Community is generally described as the area south of -Bison Avenue, west of MacArthur Boulevard, north of Huntington Court, and east of Belcourt Drive; and WHEREAS, the Aeronutronic Ford Planned Community currently regulates the density of Planning Area 5 to 48 dwelling units; and WHEREAS, the Aeronutronic Ford Planned Community currently consists of 47 lots; and WHEREAS, to maintain the as -built lot configuration of Planning Area 5 and to prohibit future subdivisions that result in additional dwelling units, an amendment to the Aeronutronic Ford Planned Community is necessary; and WHEREAS, the project has been reviewed, and determined that the proposed action is not defined as a project under the California Environmental Quality Act (Section 15378 of the CEQA Guidelines); and NOW, THEREFORE, THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS: Section 1. The Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Planned Community Development Plan 1 City of Newport Beach Planning Commission Resolution No. _ Page 2 of 2 Amendment No. 2006 -004 to amend Area 5 of the Aeronutronic Ford Planned Community as depicted in Exhibit A. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF September 2006. MY M Jeffrey Cole, Chairman Robert Hawkins, Secretary v N ABSENT: 16 Exhibit "A" The following changes will be made to the Section I - Statistical Analysis: SECTION I - STATISTICAL ANALYSIS FOR PLANNING AREAS 1, 2, 5, 6, 7, & 8 Note: The Statistical Analysis for Planning Area 4 and its Sub -areas is set forth in Section IX Gross PM Buildable Maximum Type Area Acres Net Acres Acres DU Planning Areas 1 18.6 16.2 12.3 50 2 18.6 17.5 12.7 54 5 310 26.0 17.3 4847 6 15.1 14.4 10.4 54 7 17 16.0 11.6 56 8 12 11.5 8.5 168 Subtotal 114.3 101.6 72.8 430 429 PERCENTAGE OF SITE COVERAGE Planning Area 1, 2, 5, 6, 7 8 Building Footprint 14.6% 28.0% Parking Areas 21.7% 5.0% Landscape and Pedestrian 63.7% 27.0% Circulation Streets 31.5% Perimeter Open Space 8.5% 062596- 1103/F31331 -002 /44925.28 2 The following changes will be made to Section VIII of the Aeronutronic Ford Planned Community Development Standards: SECTION VIII - CUSTOM LOT RESIDENTIAL /AREA 5 This area is intended to provide residential housing and related community facilities. A. Uses Permitted 1. Single Family Dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section W, Definitions. 3. Custom Lot. 4. Community recreational facilities. 5. Temporary model complex and appurtenant uses. 6. Tennis Courts. B. Development Standards 1. Minimum Lot Size. The minimum lot size permitted shall be 9,000 sq. ft. Future subdivisions resulting in the creation of new lots shall be prohibited. 2. Maximum Building Height. All buildings in Areas 5 & 8 shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. 3. Setbacks The following setbacks shall apply to all structures excluding garden walls or fences. a. Front Yard A minimum setback of twenty (20) feet for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet. c. Rear Yard A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of 062596 -1103 / F31331 -002 / 44925.28 15 I6\ curb, or in the event that sidewalks are constructed from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. A minimum of five (5) feet for side -on garages shall be maintained. 4. Fences. Hedges and Walls Fences, with the exception of tennis courts, shall be limited to a maximum 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. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 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 the covered area. 6. Parking Parking for residential uses shall be in the form of not less than three (3) parking spaces per dwelling unit. Maximum Site Area Coverage The maximum site area coverage for any residential lot shall be 60 percent of such lot. 8. Architectural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one half (2 %2) feet into any front, side or rear yard setback. 062596 -11031 F31331 -002144925.28 Itl 0 9. Tennis Courts Tennis courts are allowed and may be within 3' of the rear and side property lines. The courts are permitted fencing up to 12' in height. The courts lighting shall use 27' max height, square tubular and painted posts with 1000 watts metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a way as to prevent light from shining directly on the adjacent residential properties and to insure that the lighting does not adversely affect night vehicular traffic along MacArthur Boulevard. All tennis court lighting shall be subject to a use permit. 062596 -1103 / F31331 -002 / 44925.28 17 II EXHIBIT 2 AERONUTRONIC FORD PLANNED COMMUNITY LAND USE MAP 15 16 .2 . . . _ � . � /° \ X \\\k) 0 co I'D 0 ID c 1-0 0 M 0 EL 209 E CIL CL 0 w w 0 4) w a CL ■ 0 (D 0 4) 0 4) J /� $M of w cc: $77E X22 2 m ca w w 0 m m m «i[\) /§/46 46 2L 16 EXHIBIT 3 BELCOURT MASTER ASSOCIATION LETTER 11 AN-21-2006(WED) 15:43 LAW OFFICES OF RICHARD TINNELLY (FAX)949 588 5993 P.002/007 LAW OFFICES OF RI =Arm A. TxxwisLLY RICNAPG q TIN NELLT SS ARGONAUT, SUITE 100 enASN ELLA V., I" TJ`60A COUNTRY C 6 DRIVE. SYITC 160 JKfPpKY M. NvLT6N ArSSO VIN JO. r•.r•D'ORNIA oeoac P.1m OCSCRT. CA 62211 6RUCE R. KERMOTT 16+61 6804066 U601 06.^ 5 TERRI P. MORRI6 PAX 16681 660•66W PAX I7a01 002A EMAIL 1rAokr *ro&iiw,b mm SAN CIE00 L-O 610MIN6NAM DRIVE, SUITE 200 June 21, 2006 cARaI.P— �6e1 ea a ZOOS Uzl FAX (686) 5"D *Y REPLY TO ALSO VIEJO ^00PC" Via Facsimile (949) 644 -3139 and U.S. Mail Aaron C. Harp Assistant City Attorney City ofNewport Beach 3300 Newport Boulevard Newport Beach, California 92660 RE: Tentative Parcel Map Application Submitted by Pfeiler & Associates Property Location: 6 Barreoger Court (Ut 23 of Tract No. 11450) Owners: Richard E. Macklin and Brenda L Macklin Parcel Map No.: NP2006-026 (PA2006-088) Public hearing Dater June 22, 2006 at 6:30 p.m. (Off Calendar) Dear Mr. Harp: The Law Offices of Richard A. Tinnellyrcprescnts the Belcourt Master Association ("Association ") which is the governing body for the above-referenced address. The Association asked us to inform you that 86% of the Association members voted to amend the Declaration ofCovenancs, Conditions and Restrictions ( "CC &R's'j to prohibit any lot split such as that referenced above, and pending before the Planning Department The Association is composed of 211 lots (members). Out oF211 ballots, 183 were returned and 182 voted to prohibit the subdivision of lots within the Association. Only one (1) member voted in favor. The amendment was recorded in the Orange County Recorder's Office on May 9, 2006 as Instrument No. 2006000311748. A copy is enclosed for your review. The specific language approved by the members is as follows: "'No Further Subdivision.' No Owner shall partition or subdivide his or her Residence and/or lot including, without limitation, any division of any Residence, lot and/or parcel into smaller lots, parcels or other units." 'Ibis language is inserted in both the Custom Lot Restrictions at Article XXI and in the Use Restrictions at Article XI of the CC &R's. We reviewed the CC &R's and, pursuant to the relevant portion of Article XVL Section 16- 18(a): ".. , amendments to the Declaration may be enacted by the vote or written assent of (i) sixty -sik and two - thirds percent (66.2/3%) of the total voting power of the Master Association; ..." `1 JUN- 21- 2006(WED) 15:44 LAW OFFICES OF RICHARD TINNELLY (FAX)949 588 5993 P.003/007 June 21, 2006 Aaron C.1 -larp, Assistant City Attorney Ciry of Newport Beach Page 2 Based upon the fact that more than the required 66 -2/3 %q majority of members voted to prohibit the further subdivision of lots within the Association, the CC &R's were property amended and, therefore, NO lots within the Belcourt Master Association may be subdivided. Tn order to insure that the policies ofthe City ofNewport Beach and the Belcourt Master Association are synchronized, the Association is requesting that the City incorporate the following changes into the General Plan and the Planned Community text for Region 5 to bring them into conformance with the Subdivision Code and the CC&R's. 1. Modify both the General Plan and the Planned Community text forRegion 5 of Belcourt to reflect 47 lots allowed, which equals the current as -built conditions. 2. Provide within the Planned Community text for Region 5. of Belcourt a provision that prohibits subdivision ofany existing lot to mirror the amendment to the CC&R's which was approved by 86% of the members of the Association. 3. Add a provision to the Planned Community text which provides that if two (2) lots are combined, the eliminated lot does not become available far subdivision of any. existing lots. Thank you in advance for your cooperation. Should you have any questions or concerns, please feel fires to contact the undersigned. Very truly yours, Law Offices of RTC ARD LY BRUC • R. KE TT BRK:cak Enclosure )0 Via Facsimile cc: Jan Harriman, Belcourt Master Association (949) 752 -6362 Jaime Murillo, Planning Department (949) 644 -3203 Homer Bludau, City Manager (949) 644 -3020 Patricia Temple, Planning Director (949) 644 -3229 Lary Tucker Planning Commission (949) 752-0885 Leslie Daigle, Councilwoman (949) 266 -8561 Tod Ridgeway, Councilman (949) 723 -5204 Ed Selich, Councilman EdSelich@adelphia.net VAMo mdwnnYAUd& kddM(s» oaVideyatuy *%7Pnn Sad .exmf.ew.o62MVmt )0 JJN- 21- 2006(WED) 15:44 LAW OFFICES OF RICHARD TINNELLY (FAX)949 588 5993 P.004/007 When Recorded, Return To: LAW OFFICES OF RICHARD A. TINNELLY 85 Argonaut, Suite 100 Aliso Viejo, California 92656. Attention: Jeffrey M. Hylton, Esq. FIRST AMENDMENT TO DECLARATION OF Recorded In Official Records, orange County Tom Daly, clerk- Recorder 111111111 IN 15,00 20060D0311748 03:9pm 05109106 116 200 Ate 4 0.00 0.0o 0.00 040 540 0.00 0.00 0.00 CMORMED COPY COVENANTS, CONDITIONS AND RESTRICTIONS FOR BEIrCOURT MASTER ASSOCIATION ORANGE COUNTY, CALIFORNIA THIS FIRST AMENDMENT TO DECLARATION COVENANTS, CONDITIONS AND RESTRICTIONS ( "First Amendment ") is being made on the date set forth hereinbelow, with reference to the following facts: A. Reference is hereby made to that certain Declaration of Covenants, Conditions and Restrictions ( "Declaration ") for Belcourt Master Association, Orange County, California, recorded on March 24, 1982, as Instrument No. 82- 101131 of the Official Records of Orange County, California, effecting certain real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described as Lots 2 -6, 14 -16, 22, 23, 28 -30, 36 -39, A, B and C inclusive of Tract No. 11450, as per a map filed in Book 491, on Pages 42 -46 inclusive, of Miscellaneous Maps, in the Office of the County Recorder of Orange County on September 22, 1981, and Lots 37 -49, A, 6, C and D inclusive of Tract 11449, as per a map recorded in Book 491, on Pages 12 -16 inclusive, of Miscellaneous Maps in the Office of the County Recorder of Orange County on September 3, 1981, and, subsequent to the annexation thereof pursuant to the Article of the Declaration entitled "Annexation," any real property which shall become subject to this Declaration. B. The Declaration may be amended only by vote or written consent of the Members representing at least sixty -six and two - thirds percent (66 2/3 %) of the total voting power of the Association. NOW, THEREFORE, pursuant to Article XVI, Section 16 -18 of the Declaration, the Declaration is amended by adding Section 11 -21, and subsection a. to Section 21 -1, as follows: A JUN- 21 -'?WW MU) 1b:44 LAW OFFICES OF RICHARD TINNELLY (FAX)949 588 5993 1. "Section 11 -21. 'No Further Subdivision.' No Owner shall partition or subdivide his or her Residence and /or lot including, without limitation, any division of any Residence, lot and/or parcel into smaller lots, parcels or other units." 2. Section 21 -1. "a. No Further, Subdivision - No Owner shall partition or subdivide his or her Residence and /or lot including, without limitation, any division of any Residence, lot .and/or parcel into smaller lots, parcels or other units.- In all other respects, the Declaration shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the undersigned have caused this First Amendment to be executed this V l day of Mfti 2006. BEI,CODRT MASTER ASSOCIATION By: By: Its: Secretary -2- ' 77 4ry a► JUN- el- LdLUkWtU) 15 ;44 LAW UFr1Ut5 Ur H1UHAKU I1NNtLLY UW)54y W6 b!W N. OW N& The undersigned hereby certify under penalty of perjury chat they are respectively the President and Secretary of Belcourt Master Association, and that the foregoing First Amendment was duly adopted by the owners of the real property described herein, in full conformance to Article XVI, Section 16 -18 thereof, and with Section 1355 of the California Civil Code. Executed at Q,111D N(L'r4c> , California, this 0't' day of 1YkU 2006. —r. Preside / t Secretary -3- X JUN- LI- Ldbtl(WtU):I b: 4b LAW OFFICES OF RICHARD TINNELLY (FAX)949 588 5993 P.007/007 STATE OF CALIFORNIA COUNTY OF ORANGE On I Y_ AC4 t t 7 Uy(r before me, personally appeared )�nP Fi,e. Mckj i personally known to me (or proved to me on the basis of satisfactory evidence) to be the person LS) whose name Lg2 4s-are subscribed to the within instrument and acknowledged to me that /they executed the same in hi--q te-s /their authorized capacity(ies), and that by .`._ -e�/their signature„Lgl on the instrument the person W , or the entity upon behalf of which the personj.a-L acted, executed the instrument. WITNESS my hand and official seal STATE OF CALIFORNIA COUNTY OF ORANGE On before me, personally appeared (Seal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted; executed the instrument. WITNESS my hand and official seal. (seal) -4- IM