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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. 4 September 21, 2006 TO: PLANNING COMMISSION FROM: Planning Department Russell Bunim, Assistant Planner (949) 644 -3233, rbunim(& city. newoort- 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, and /or prohibit residential subdivisions that result in additional dwelling units? BACKGROUND On September 7, 2006, the Planning Commission conducted a public hearing for 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. This item was continued to September 21, 2006 and the Commission directed Staff to analyze the recently adopted General Plan language and the original initiated request. Project 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. Aeronutronic Ford PC Amendment — Density Reduction September 7, 2006 Page 2 The Association's letter, attached as Exhibit 3, requested the City to 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. DISCUSSION Analysis 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 but conforming lots. Therefore, in order to preclude future subdivisions and to maintain current lot configurations and density, an amendment to the PC text is required. It is important to note the existing configuration of Planning Area 5. Currently, 46 dwelling units exist on 47 lots. The original approval allows for 48 dwelling units on 48 lots. Whattwhere is the reason for the decrease in lots and dwelling units? • The parcel located at 9 Leesbury Court contains 2 legal lots, but only one dwelling unit on one of the lots — the other lot is landscaping. These lots were not formally merged. • The properties on the north side of Cheshire Court are three combined lots forming two legal lots with one dwelling unit each. Staffs analysis provides two alternatives: 1. Amend the PC text for Area 5 using the language similar to that of the recently adopted General Plan not allowing for subdivisions except for reverting back to the underlying lot configuration. The density will stay at 48. • This would not allow for new subdivisions resulting in additional lots not previously planned by the original development. • The density will not need to be reduced from 48 to 47 because the language will prevent subdivisions that were not consistent with the original subdivision. This will allow the property on Cheshire Court to go back to the underlying Aeronutronic Ford PC Amendment — Density Reduction September 7, 2006 Page 3 lots and not require an amendment to the PC text increasing the density back to 48. 2. Amend the PC text for Area 5 to not allow for subdivisions, and reduce the density from 48 to 47. This option will not allow for any subdivisions. However, it will allow for the property on Leesbury Court to build a dwelling unit on the existing lot they currently use as landscaping. 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. 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, which adds language similar to that included in the General Plan. This recommendation is based on option 1. The Commission could also recommend the original request by adopting the resolution in the original Staff Report. Prepared by: r �- Russell urflm, Assistant Planner Exhibit: Draft Resolution Submitted by: 21'I'L-1 U Patricia Temple, Planning Director 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 AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT (PC -24) FROM 48 TO 47 DWELLING UNITS AND TO PROHIBIT NEW SUBDIVISIONS IN AREA 5. (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 and September 21, 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 46 dwelling units; and WHEREAS, the Aeronutronic Ford Planned Community currently consists of 47 lots; and WHEREAS, to maintain the original number of dwelling units in 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: h City of Newport Beach Planning Commission Resolution No. _ Paoe 2 of 2 Section 1. The Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Planned Community Development Plan 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. M M Jeffrey Cole, Chairman Robert Hawkins, Secretary AYES: ABSENT: EXHIBIT "A" 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. New residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan (GPA) are prohibited. Lots that have been legally merged through the Subdivision May Act and City Subdivision Code approvals are exempt from the GPA requirements and may be resubdivided to the original underlying legal lots. A. Uses Permitted 1. Single Family Dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section rV, 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. 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. 062596- 1103/F31331- 002/44925.28 15 Y 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 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 062596 -1103 /F31331 -002 /44925.28 E I 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. 9. Tennis Court s 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- 002/44925.29 17 61