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
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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
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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