HomeMy WebLinkAboutPacific Bay Homes (PA2001-250)�aEW °are CITY OF NEWPORT BEACH Hearing Date: April 4, 2002
PLANNING DEPARTMENT Agenda Item: 4
4 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber
`9cinoa'`� NEWPORT BEACH, CA 92658 949 - 644 -3209
(949) 644 -3200; FAX (949) 644 -3229 Council Review: Automatic if approved
REPORT TO THE PLANNING COMMISSION
PROJECT: Pacific Bay Homes (PA2001 -250)
One Ford Road
SUMMARY: Request to amend the Planned Community Development Plan to allow the
installation of independent kitchen facilities within guest cottages. The 11
properties are identified as Parcel Nos. 1 through 8 (on Troon Drive) and Lot
Nos. 9 and 13 (on Turnbemy Drive) of Tract Map No. 15387 and Lot No.
21 (on Honors Drive) of Tract Map No. 15389.
ACTION: Approve, Modify or Deny Planned Community Development Plan
Amendment No. 2001 -003.
APPLICANT: Pacific Bay Properties
LOCATION: Within the One Ford Road residential development bounded by Ford Road
to the south, Bison Road to the north, Jamboree Road to the west and the
Belcourt Park residential development to the east.
LEGAL
DESCRIPTION: Parcel Nos. 1 -9 & 13 of Tract Map No. 15387 and Parcel No. 21 of Tract
Map No. 15389.
GENERAL PLAN: Mixed Residential (Single- family attached or detached)
ZONING
DISTRICT: Aeronutronic Ford Planned Community District (PC — 24)
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0 500 Feet
VICINITY MAP - �,
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Planned Community Development Plan Amendment PD2001 -003
(PA2001 -250)
One Ford Road
Current
Development:
Residential development within the One Ford Road Planned Community
To the north:
Residential uses within Bayridge Park and Belcourt Terrace developments
To the east:
Residential uses within the Belcourt Park development
To the south:
Residential uses within the Big Canyon Country Club across Ford Road
To the west:
Residential uses within the East Bluff are across Jamboree Road
Pacific Bay Homes (PA2001 -250)
April 4, 2002
Page 2 of 7
Introduction and Background
The applicant, Pacific Bay Properties, has filed a request to amend the Aeronutronic Ford
Planned Community Development Plan to allow selected properties within the One Ford Road
residential development to include kitchen facilities within the guest cottages. As proposed, the
amendment would affect 11 lots within Planning Area 4 of the Aeronutronic Ford Planned
Community (PC- 24) District Regulations. Ms. Carmen L. Vali, Ph. D., of Hogle- Ireland, Inc.,
represents the applicant.
The One Ford Road community has changed from its original concept, as a research and
development site, to what is now a single - family residential community. The Planned
Community Text for Aeronutronic Ford was adopted in 1979 and has been amended 7 times
since.
This request results from a previous Variance application that sought kitchen facilities within a
proposed guest cottage. The inclusion of additional kitchen facilities makes the guest cottages
Accessory Dwelling Units and Second Units by definition pursuant to the Zoning Code.
Therefore, the Variance requested the authorization of a prohibited use and was deemed
inappropriate and returned to the applicant.
Site Overview
The project site is the One Ford Road single - family residential development. The development is
situated between Jamboree Road and Mac Arthur Boulevard, on the north side of Ford Road
extending to Bison Avenue. While not completely built -out, the private, gated community is
fully improved with only the vacant lots along Troon Drive remaining to be built. The
development has 2 separate gates for vehicle access: one on Southern Hills Road (north of Ford
Road) and the other on County Club Drive (south of Bison Road). The 11 properties associated
with the applicant's request are highlighted on the vicinity map located on page 2 of this report.
All of the parcels associated with the request are or will be developed with single - family homes.
The 3 properties not located on Troon Drive already have guest cottages (or structures that may
serve as such) constructed in conjunction with the main residence (Exhibit No. 2). A review of
the building permits revealed square footages for 2 of the cottages: 536 square feet (sq. ft.) and
919 sq. ft. The applicant indicated the cottages would not be constructed at a standard size.
Project Overview
The applicant's representative has proposed 2 different methods to accomplish the request. The
first method would be to amend the Planned Community Text for One Ford Road, allowing R-
1.5 Zoning for the 11 properties associated with the request. Ms. Vali's letter states that making
the requested change would allow for the guest "cottages to be classified as second units" The
second method suggests using the Use Permit process to approve second units for the 11
properties. Finally, the letter states that the respective landowners would be willing to stipulate
that the guest cottages could not be leased or rented independently from the main residences.
Pack Bay Homes (PA2001 -250)
April 4, 2002
Page 3 of 7
Analysis
General Plan
The General Plan permits Single - Family Detached or Attached Residential development within
the Aeronutronic Ford Planned Community, of which One Ford Road is a portion. A total of 500
units are prescribed for the area that comprises the One Ford Road community. The General Plan
does not permit Second Units on lots designated for Single - Family Residential development. To
the extent that the proposed guest cottages with kitchen facilities meet the Zoning code definition
of Second Unit, a General Plan amendment would be needed to implement the proposal.
Planned Community Text
The One Ford Road community is defined as Planning Area 4 under Section IX of the
Aeronutronic Ford Planned Community District Regulations, which permits Single - Family
Detached subdivisions and custom home development. A total of 450 units are permitted
between all of the developments comprising Planning Area 4: One Ford Road, Bayridge Park,
Belcourt Hill, Belcourt Park, and Belcourt Terrace. Under the present configuration of lots, the
One Ford Road community has the potential for 364 separate dwelling units. The District
Regulations also establish certain development standards, including but not limited to: density,
building setback and height limitations, fence heights, etc. The District Regulations do not list
Accessory Dwelling Units or Second Units as permitted uses. Additionally, the regulations do
not specifically address the issue of secondary kitchen facilities within a portion of the
development of each property. When the Planned Community District Regulations are silent, the
matter is regulated by the Zoning Code.
Zoning Code
The Zoning Code regulates Accessory Dwelling Units within Chapter 20.85 - Accessory
Dwelling Units. This chapter provides definitions for Granny Unit and Second Unit. While
Granny Units are allowed subject to certain limitations, Section 20.85.020 prohibits the creation
of any Second Unit where the zoning and General Plan permit only 1 dwelling unit, which
applies in this case. All of the Zoning Code definitions related to the issue have been included for
consideration (Exhibit No. 5). A Second Unit is defined as "a dwelling unit accessory to ... the
primary dwelling unit on a site" and may be attached or detached. When facilities for food
preparation are present with sanitation facilities and the area where the facilities are located is
separate from the main residence and has its own ground level entrance, it is a dwelling unit. The
guest cottages proposed have such characteristics and do not comply with the Granny Unit
limitations based upon size and the applicant does not want them subject to the age limits of the
Granny Unit provisions. Therefore, these Accessory Dwelling Units are Second Units and are
expressly prohibited.
Potential Issues
Through staff's analysis and communication from One Ford Road residents, staff has identified 3
potential issues to be considered in conjunction with this request, possible rental of the cottages,
parking adequacy, and equity among similar properties in the development.
Pacific Bay Homes (PA2001 -250)
April 4, 2002
Page 4 of 7
The applicant contends that, due to the exclusive nature of the existing community and the high
cost of the properties, there is limited risk that the proposed guest cottages will be rented or used
for separate households. The intent is to provide separate quarters for family, guests, or live -in
service providers. However, concern about potential rental of the cottages is the most frequent
comment staff has received from residents of the community. This concern could be addressed
through the requirement for a deed restriction prohibiting rental or use of the cottage as a
separate dwelling unit.
Issues pertaining to parking also have been raised from people living in the community who are
aware of this request. The parking and guest parking provisions of the Planned Community
District Regulations require a minimum of 2 spaces per detached dwelling unit with another 2
spaces required per unit for guest parking (of which only 1 may be provided in the driveway).
Due to the requirement for off - street guest parking, staff believes that parking would not be a
problem.
Staff reviewed the lots in the community and found that all of the proposed 11 properties are
above 10,000 square feet in size. There are 23 additional properties in One Ford Road that are
also over 10,000 square feet in size. Staff is concerned that the proposed amendment is not
equitable, as identical properties would not be afforded the same privilege the suggested
amendment would grant. If a 10,000 sq. ft. threshold were established for the entire Planned
Community, it would render 9% (34 out of 364 lots) of the One Ford Road development able to
construct guest cottages. Although this could result in more guest cottages, it would be a more
uniform approach than approving the request for the 11 properties only.
Potential Path to Approval
In order to approve the request while maintaining the single - family General Plan designation, the
cottages with kitchen facilities would need to be re- defined as being different from Second Units.
The Second Unit definition cannot be applied to the guest cottages as the General Plan and
Zoning Code both prohibit such units in areas designated as Single - Family Residential. Staff
does not support a new definition without significant limitations prescribing the maximum size
and amenities of the guest cottages. Guest cottage limitations might include a maximum floor
area or a limit on the allowable food preparation facilities (e.g., refrigerator size, prohibition for
garbage disposal, etc.). Separate utilities might be prohibited and a general prohibition on renting
or using the cottages as a separate unit might be considered.
If the Planning Commission wishes to accommodate the request, staff prefers the applicant's
suggestion to utilize the Use Permit process to approve guest cottages, provided they are
consistent with the Planned Community Text and General Plan. The Use Permit process would
allow the City to impose the necessary safeguards while also affording the ability for future
monitoring of use of the cottages. The Planned Community District regulations could be
amended to create such a process, and to define guest cottages so they are not considered Second
Units.
Staff suggests the following amendment for consideration under Section IX of the Aeronutronic
Ford Planned Community District Regulations (strikeout/underline format):
Pacific Bay Homes (PA2001 -250)
April 4, 2002
Page 5 of 7
A. DEFINITIONS:
(1. through 8. remain unchanged)
9. "Guest Cottage" refers to the guest quarter's portion of a residence constructed in
conjunction with a legally permitted Single - Family dwelling unit. Guest Cottages
may be attached or detached and may include facilities for food preparation that are
independent from those serving the primary dwelling unit. Guest Cottages may have
independent exterior access to the ground level and are not considered as Second
Units provided that they comply with all of the applicable development regulations
contained herein.
C. Uses Permitted
Planning Area 4 is intended to provide residential housing and related community
facilities.
(1. through 7. remain unchanged)
8. Uses Permitted Subject to a Use Permit:
a. For properties with a minimum lot area of 10,000 square feet, guest cottages
with independent facilities for food preparation subject to the following
criteria:
i) A deed restriction shall be recorded against the property_ prohibiting
the leasing, rental, or use of the guest cottage as a separate dwelling
unit.
ii) The guest cottage shall not have utility connections that are separate
from the primary dwelling unit.
iii) The total area allowable for the guest cottage shall not exceed lblank)
square feet.
iv) The area dedicated to the facilities for food preparation shall not
exceed 35 total square feet (typically 5' x 7') and shall be limited to an
under- the - counter refrigerator and a bar sink with no garbage disposal.
V) Parking shall comply with Section D.9. In no case shall the presence of
a Guest Cottage reduce parking below the number of spaces required
in Section D.9.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt under the
requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in
Land Use Limitations).
Pacific Bay Homes (PA2001 -250)
April 4, 2002
Page 6 of 7
Recommendation
If the Planning Commission wishes to allow guest cottages with independent kitchen facilities in
One Ford, staff suggests approval of the Planned Community Development Text provided above.
Submitted by: Prepared by:
SHARON Z. WOOD TODD M. WEBER
Assistant City Manager Associate Planner
Exhibits
Letter from Ms. Carmen. L Vali, Ph. D., on behalf of the applicant
2. Aeronutronic Ford Planned Community District Regulations for Planning Area 4
3. Zoning Code Definitions
Pacific Bay Homes (PA2001 -250)
April 4, 2002
Page 7 of 7
Exhibit No. 1
Letter from Ms. Carmen L. Vali, Ph. D., on behalf of the applicant
0
• HOGLE- IRELAND
A Land Planning & Development Consulting Firm
December 11, 2001
Patricia Temple, Director
City of Newport Beach,Planning Department
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
Dear Ms. Temple,
As the consultant for Pacific Bay Homes, I am hereby submitting the attached Amendment Application
for the One Ford Road project. As you may recall, the owner would like to allow guest cottages within
the project to have more than one food preparation facility. Currently, more than one food preparation
facility causes the cottage to be defined as a second unit.
This application is requesting one of two solutions. One solution is an amendment to the Planned
Community Text allowing 1.5 Residential Zoning for the homes on Troon Drive and three additional
properties within the complex with already constructed guest cottages. This change in zoning would
allow these cottages to be classified as second units, and they could therefore contain more than one food
preparation facility.
A second solution would be to allow the cottages to have the kitchen facilities via a Conditional Use
Permit. Section 65852.150 of the Government Code states, "The Legislature finds and declare that
second units are a valuable form of housing in California." It is our belief that state law intended to
provide for such uses as proposed by Pacific Bay in Section 65852.2 (b) when it stated that "...every local
agency shall grant a special use or a conditional use permit for the creation of a second unit if the second
unit complies with all of the following: (A) The unit is not intended for sale and may be rented, (B) The
lot is zoned for single - family or multifamily use. (C) The lot contains an existing single- family dwelling.
(D) The Second unit is either attached to the existing dwelling and located within the living area of the
existing dwelling or detached from the existing dwelling and located on the same lot as the existing
dwelling."
These guest cottages, or second units, if allowed at One Ford Road, would be useful to help house family
members, live -in service providers, or to provide a unique and private environment for guests of the
homeowners. In fact, the land owners would be willing to stipulate that these units would not be for sale,
rent or lease at any time, and would be willing to accept any sanctions the City may deem appropriate to
prevent these cottages from becoming income - producing properties.
It is our hope that the City of Newport Beach can accommodate this request. Should you have any
questions or need more information or materials regarding this application, please do not hesitate to
contact me at (949) 553 -1427.
Sincerely,
�V �
(-9
men L. Va h.D.
Assistant Project Manager
5 Corporate Park, Suite 160, Irvine, California 92606 •949/553 -1427 • FAX 9491553 -0935
I R V I N E • R I V E R S I D E tl
Exhibit No. 2
Section of Aeronutronic Ford Planned Community District Regulations
Pertaining to Planning Area 4
13
SECTION IX - ATTACHED / DETACHED RESIDENTIAL /
PLANNING AREA 4
1. "Access Drive" refers to a drive, including those owned and/or maintained by a
community association, which provides front, side, or rear access to one or more
residential lots. An Access Drive is not a Private Street as that term is used within these
Regulations. Driveways on a residential lot are not Access Drives.
A "Primary Access Drive" refers to an Access Drive, which is designed as the principal
means of access to a residential lot.
A "Rear Access Drive" refers to an Access Drive, which provides access to a residential
lot from the rear of the lot.
2. "Cluster Unit Development" refers to a combination or arrangement of attached or_..._..
detached dwellings and their accessory structures on contiguous or related building sites
where:
the open spaces and private yards within a Planning Area or Subarea are
combined into more desirable arrangements, greenbelts, or open spaces and
• individual residential lots have less square footage than the required minimum
lot size for the Planning Area or Subarea, but the number of residential units
permitted within the Planning Area or Subarea does not exceed the maximum
number of units for that Planning Area or Subarea as shown in the Statistical
Analysis.
3. "Conventional Subdivision on a Planned Community Concept" refers to a conventional
subdivision of detached dwellings and their accessory structures on individual lots
where:
• the lot size of some individual residential lots may be less than the required
minimum for the Planning Area or Subarea, but the average lot
size for all residential lots within the Planning Area or Subarea equals or
exceeds the required minimum lot size and
• open space areas are provided for the enhancement or utilization of the
overall development.
4. "Flag Lot Driveway" refers to an Access Drive which, although having the appearance
and function of an extended driveway, is used to provide access to two or more
residential units from a Private Street or Access Drive.
062596 -1103 / F31331 -002 144925.23
'R 5
5. "Lot Size" refers to the total square footage of a residential lot. The boundaries used to
determine the lot size of a residential lot shall be those set forth on the subdivision map.
The square footage of a residential lot shall be deemed to include those abutting areas
extending to the center line of adjoining Access Drives, even where the Access Drive is
shown as a separate lot under common ownership.
6. "Maximum Gross Acres" refers to the maximum number of gross acres, which may be
included within any planning Subarea, as shown in the Statistical Analysis for Planning
Area 4.
7. A "Private Street" refers to any street within Planning Area 4, which is owned and
maintained by the Community Association. While a Rear Access Drive may be owned
and maintained by the Community Association, a Rear Access Drive is not a "Private
Street" for purposes of these Regulations.
8. "Setback" refers to the minimum distance between a structure on a lot and the closer of
(i) the property line, (ii) the back of an adjacent sidewalk amcT(ufi the back-of an
adjacent curb. Where the Development Standards contained in Section C below specify
a different standard for the measurement of a "setback," the standard set forth in
Section C shall control.
062596 -1103 / F31331 -002 / 44925.28
19
`b
100.5 ** 450 Max
** The number of acres reflected in this column represents the maximum that can be included
within any specific Sub -area. Sub -area boundaries are intended to be flexible within the maximum
acreage identi e .
Note: The statistics set forth for Planning Area 4 and its Sub -areas are intended to provide
flexibility for allocation of residential units between the Sub -areas and to reflect minor adjustments
of Sub -area boundaries on subdivision maps recorded as development progresses The "Maximum
DU" column reflects a maximum number of 450 residential units for Residential Area 4, even
though the sum of the "Maximum DU" far the individual Sub -areas is much greater than 450. This
allows for flexibility in assigning units within the Sub -areas while maintaining an overall cap on
the total number of units allowed within Planning Area 4.
062596-1103 / F31331-002 / 44925.28
9.n 1
1
Maximum Gross
Maximum
Subareas
Acres
DU
4A
34
286
4B
19
87
4C
11
40
4D
26
119
4E
22
140
100.5 ** 450 Max
** The number of acres reflected in this column represents the maximum that can be included
within any specific Sub -area. Sub -area boundaries are intended to be flexible within the maximum
acreage identi e .
Note: The statistics set forth for Planning Area 4 and its Sub -areas are intended to provide
flexibility for allocation of residential units between the Sub -areas and to reflect minor adjustments
of Sub -area boundaries on subdivision maps recorded as development progresses The "Maximum
DU" column reflects a maximum number of 450 residential units for Residential Area 4, even
though the sum of the "Maximum DU" far the individual Sub -areas is much greater than 450. This
allows for flexibility in assigning units within the Sub -areas while maintaining an overall cap on
the total number of units allowed within Planning Area 4.
062596-1103 / F31331-002 / 44925.28
9.n 1
1
[� 0 - . J
Planning Area 4 is intended to provide residential housing and related community facilities.
I. Single- family detached subdivisions, subject to approval of a Parking Plan (see Section
C.9) and Landscaping Plan, if required (see Section C.12).
2. Custom lot sales and custom homes.
3. Temporary model complexes and appurtenant uses.
4. Signs (as provided in Section XI of this Planned Community Text).
5. Tennis courts, subject to the provisions of Section IX.C.1 I -
6. Community recreational facilities, subject to the provisions of Section X.
..... n . - . I'm . .. . .
a. In Sub -area 4A only, single - family attached subdivisions.
b. In Sub -area 4A, Cluster Unit Developments.
C. In Sub -areas 4A, 413, 4C, and 4E, Conventional Subdivisions on a Planned
Community Concept.
d. Entry guard houses and gates.
911000-m- Mr.M.MMIMMIA ".
Other than for Cluster Unit Developments and Conventional Subdivisions on a Planned
Community Concept (where permitted subject to site plan review), the minimum lot
sizes shall be:
a. Subarea 4A: 3,000 square feet.
b. Subareas 413, 4C, and 4E: 6,000 square feet.
C. Subarea 41): 6,000 square feet. Cluster Unit Developments and Conventional
Subdivisions on a Planned Community Concept will not be permitted in
Subarea 4D.
062596 -11031 F31331- 002144925.28
I�
a. All buildings in Subareas 4A, 4B, 41), and 4E shall not exceed a maximum
ridge height of 37 feet, with an average roof height not to exceed 32 feet.
b. 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
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
C. Chimneys and vents shall be permitted as set forth in the Municipal Code.
A minimum setback of fifteen (15) feet shall apply to all structures other than garages
adjacent to public streets; except that balconies and patios may encroach six (6) feet in
the required setback.
Architectural features such as but not limited to cornices, eaves, and wingwalls may
extend two and one -half (2 11/2) feet into the required setback from a public street.
Setbacks shall be measured from the ultimate right -of -way line.
062596 -1103 / F31331 -002 / 44925.28
IFAM
Except as otherwise established through the City's standard Modification process,
setback from other property lines and structures shall be:
a. From. In Subarea 4A, a minimum front yard setback of five (5) feet shall
be required.
In Subareas 413, 4C, 4D, and 4E, a minimum front yard setback of ten (10) feet
shall be required for the main dwelling (excluding attached or detached
garages).
b. Side. Side yard setbacks shall be a minimum of five (5) feet. The location
of a fence is not relevant to the calculation of the side yard setback. Adjoining
properties may be the subject of easements which allow fences to be placed on
an adjoining property provided that all dwelling units have the minimum five
.._......_.. ....... .
(5) foot setback from the property line. --- ... ---- . _
Side yard setbacks for attached garages located entirely within the front half of a
lot shall be a minimum of five (5) feet.
Side yard setbacks for garages located primarily in the rear half of a lot shall be
a minimum of three (3) feet for the first floor of the structure and five (5) feet for
the second floor. Where garages are located in the rear of a lot in order to access
a Rear Access Drive, no side yard setback shall be required between garages on
adjoining lots.
C. Rear yard. A minimum ten (10) foot rear yard setback shall be required for a
residential lot whose rear adjoins another residential lot. A minimum three (3)
foot rear yard setback shall be required for a single -story structure on a
residential lot whose rear adjoins a Rear Access Drive. For a two -story structure
on a residential lot whose rear adjoins a Rear Access Drive, the average setback
(including a lower -level garage, which complies with Paragraph 4f below) shall
be no less than four feet.
For lots accessed by a Rear Access Drive, rear yard setbacks shall be measured
from (i) the flow line of a rolled curb or (ii) the back of a standard curb, as
applicable.
For lots accessed by a Rear Access Drive, garage setbacks shall be determined
by Paragraph 4f ( "Garages ") below.
062596 -1103 / F31331402 / 44925.28
71 �O
d. Structural cenaratinn. For detached units, all main residential structures shall be
a minimum of six (6) feet apart measured from face of finished wall to face of
finished wall.
e. Detarhed garage separation. Detached garages shall be separated from main
residential structures a minimum of six (6) feet measured from face of finished
wall to face of finished wall.
f. Garages. Garages shall be set back from three (3) to seven (7) feet, or a
minimum 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 garage door types
approved by the City Traffic Engineer.
For lots accessed by a Rear Access Drive, the garage shall be set back a
minimum of three (3) feet from (i) the flow line of a rolled curb or (ii) the back
of a standard curb, as applicable. In all cases, however, garages located on
opposite sides of a Rear Access Drive shall be set back from each other a
minimum of twenty -six (26) feet.
Side -entry garages shall maintain a minimum front setback of five (5) feet
measured from back of curb, or in the event that sidewalks are constructed, from
back of sidewalk.
g. Arrhitertiral feat„res. Architectural features such as, but not limited to,
cornices, eaves, and wingwalls may extend two and one -half (2 %x) feet into any
front, side or rear yard setback, provided that such architectural features shall
not project any closer than two (2) feet from any property line.
h. Fireplaces and rhmneys. Placement of fireplaces and chimneys shall comply
with the requirements of the Zoning Code.
Through the City's standard Modification process, setbacks may be reduced or
reallocated between adjoining properties to accommodate design techniques
which will maximize the use of private spaces without creating undesirable
spatial relationships between structures on adjoining properties.
�.
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
062596-1103 / F31331-002 144925.28
extension of a residential or accessory structure is to be constructed may be eight (8)
feet in height. At street -to- street intersections, no such appurtenance shall exceed two
(2) feet in height if it is located within the triangle formed by (i) the intersecting lines
located five feet behind and parallel to the curb of each of the intersecting streets and (ii)
a connecting line drawn between those points of these intersecting lines located thirty
(30) feet distant from the intersection of the intersecting lines. At street -to- Access Drive
intersections, no such appurtenance shall exceed two (2) feet in height measured from
curb height within the triangle bounded by the face of curb lines and a connecting line
drawn between points twenty (20) feet distant from the intersection of the prolonged
face of curb lines.
6. Trellises
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 line. In side yards, the maximum height shall be ten (10) feet.
Private Streets and Access Drives within residential development shall be a minimum
of.
a. Thirty-six (36) feet in width with parking allowed on both sides;
b. Thirty-two (32) feet in width with parking allowed on one side; and
C. Twenty -eight (28) feet in width with parking on neither side.
d. Twenty -six (26) feet for Primary Access Drives serving no more than 16
dwelling units.
e. Twenty (20) feet for Primary Access Drives, including Flag Lot Driveways,
serving no more than 4 dwelling units.
f. Sixteen (16) feet for Primary Access Drives, including Flag Lot Driveways,
serving no more than 2 dwelling units.
Primary Access Drives of 20 or 16 feet as provided for above shall be increased to a
minimum width of 26 feet if serving a common parking area.
The width of parking turnouts shall be included within the calculation of private street
widths. Unless otherwise defined in this text, private streets shall be designed in
compliance with the private street standards of the City of Newport Beach.
062596.1103 /E31331 -002 /44925.28
75 �0�1
Rear Access Drives shall be a minimum of twenty (20) feet in width.
•.
Residential development shall be designed to provide adequate sight distance (25
MPIT), at the intersection of all private streets and Primary Access Drives, and along
curves unless otherwise approved by the City Traffic Engineer.
.• • ffl
Each tentative subdivision map that would create legal building sites shall be
accompanied by a parking plan demonstrating compliance with the following standards:
A minimum of two (2) garage parking spaces shall be provided per detached
dwelling unit. In addition, guest parking shall be provided within the
development at a minimum rate of -two (2) spaces per unit. —Guest parking may
be provided on street, in parking bays, or on driveways (minimum 20 feet in
depth or 18 feet where roll up garage doors are provided), in a manner
acceptable to the City Traffic Engineer. A maximum of one of the guest spaces
may be provided on the driveway. A reduction in the guest parking requirement
may be considered subject to approval of a finding by the Planning Commission
that the reduced parking ratio will not cause an adverse impact on the
community.
I. Mr.Ro •• . .. ... M .......• -
Attached dwelling units less than or equal to 1500 square feet shall provide a
minimum of 2 parking spaces per unit, including one covered space. In
addition, guest parking shall be provided at a minimum rate of 0.5 space per
unit. Guest parking may be provided on street, in parking bays, or on driveways
(minimum 20 feet in depth or 18 feet where roll up garage doors are provided),
in a manner acceptable to the City Traffic Engineer. A maximum of fifty
percent (50 %) of the guest spaces may be provided on driveways.
Attached dwelling units greater than 1500 square feet shall provide a minimum
of 2 covered spaces per unit. In addition, guest parking shall be provided at a
minimum rate of one (1) space per unit. Guest parking may be provided on
street, in parking bays, or on driveways (minimum 20 feet in depth or 18 feet
where roll up garage doors are provided), in a manner acceptable to the City
Traffic Engineer. A maximum of fifty percent (50 %) of the guest spaces may be
provided on driveways.
062596 -1103 1 F31331 -002 / 44925.28
..
Subject to the provisions of a Development Agreement for Planning Area 4, the
size and placement of all parking spaces and areas shall be as specified by the
residential _parking standards contained in the Newport Beach Municipal Code,
Standard Plans 805 -L -A and 805 -L -B, and Council Policy L -2 unless otherwise
approved by the City Traffic Engineer.
The building footprints of residences and garages shall not cover more than sixty
percent (60 %) of the area included within the "Lot Size." For purposes of these
Regulations, trellis areas, temporary structures, patio covers, covered patios, and similar
ancillary structures shall not be considered in the calculation of site area coverage.
Tennis courts are allowed and may be within three feet (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 1,000 -watt 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 Jamboree Road or Ford
Road. All tennis court lighting shall be subject to a use permit.
.... ' ..
Each tentative subdivision map that would create legal building sites and which
contains a common area abutting an existing residential development outside Planning
Area 4 shall be accompanied by a landscaping plan for that common area, drawn to
scale, showing the locations of existing trees proposed to be removed and proposed to
be retained; and indicating the amount, type, and location of landscaped areas, planting
beds and plant materials with adequate provisions for irrigation. The plan shall be
designed so as to create a suitable buffer between the existing residential area and the
new development.
FMONSMIN
Site Plan Review may be required only for a landowner proposal, which consists of or
includes:
• a Cluster Unit Development or
• a Conventional Subdivision on a Planned Community Concept or
062596 -11031 F31331-0021 "925.28
77
• a modification of specific development standards contained in Sections D9, D10,
and D12 of these regulations.
The purpose of this section is to establish a Site Plan Review procedure to ensure that
the project conforms to the objectives of the General Plan as well as the requirements
and development standards contained in these Regulations. The Site Plan Review shall
take into consideration all provisions of any Development Agreement for Planning Area
4.
k 0M Mr M-1
The Site Plan Review procedures contained in this section are intended to promote the
health, safety and general welfare of the community according to the Site Plan Review
Findings set forth in the Zoning Code.
When required, Site Plan Review approval shall be obtained prior to or concurrent with
the approval of any tentative subdivision map that would create legal residential
building sites, or prior to issuance of a building permit for non - residential structures
(e.g., recreation facilities and entry guard gates).
The following plans and diagrams shall be submitted to the Planning Commission for
approval:
a. pint plan. A plot plan, drawn to scale, showing the arrangement of buildings,
driveways, pedestrian ways, off -street parking, landscaped areas, signs, fences
and sidewalks. The plot plan shall show the location of entrances and exits, and
the direction of traffic flow into and out of off -street parking areas, the location
of each parking space, and areas for turning and maneuvering vehicles. The plot
plan shall indicate how utilities and drainage are to be provided.
b. i amts
_ _ __ape plan. A landscape plan, drawn to scale, showing the locations of
existing trees proposed to be removed and proposed to be retained; and
indicating the amount, type, and location of landscaped areas, planting beds and
plant materials with adequate provisions for irrigation.
C. Gioding A grading plan to ensure development properly related to the site
and to surrounding properties and structures.
062596.1103 / F31331- 002 / 44925.28
?R
d. Fjetp.Lior li tino. Scale drawings of exterior lighting showing size, location,
materials, intensity and relationship to adjacent streets and properties.
e. park_ '_ g plAn. A parking plan demonstrating compliance with the requirements
contained in Section C.10, above.
f Nnicr+ attenlation For subdivisions abutting Jamboree Road or Ford Road
evidence demonstrating compliance with applicable noise attenuation
requirements.
g. Any other plans, diagrams, drawings or additional information determined by
the Planning Director to be necessary to adequately consider the proposed
development and to determine compliance with applicable policies and
standards.
The applicant shall pay the standard Citywide Site Plan Review fee estib i e
Resolution of the City Council with each application for Site Plan Review.
MIN ..
Procedures regarding public hearing notification and Planning Commission and City
Council actions shall be as provided for Site Plan Review in the Zoning Code.
A modification of specific development standards contained in Sections D3, D 4, D 5, and D
6 may be obtained through the City's standard Modification process.
A modification of specific development standards contained in Sections D I and D 7 may be
obtained through the City's standard subdivision map approval process pursuant to the
California Subdivision Map Act and applicable City ordinances.
I. a r,= MINT a
A modification of specific development standards contained in Sections D 2 and D 11 may be
obtained only through an amendment to these Planned Community District Regulations.
0625961103 / F31331 -W2 / 44925.26
79
G�
AERONUTRONIC FORD /BELCOURT
PLANNED COMMUNITY
Planning Department
Advance Division
5 -30 -1995
a�
Exhibit No. 3
Zoning Code Definitions
Zoning Code definitions pertaining to the request are presented below for consideration:
Chapter 20.03 — Definitions:
Building: Any structure having a roof supported by columns or walls for the housing or
enclosure of persons, animals, chattels, or property of any kind.
Building, Accessory: A subordinate building, the use of which is incidental to that of the
main building on the same lot and /or development site.
Dwelling, Single - Family: A building containing one dwelling unit.
Dwelling, Two - Family: A building containing two dwelling units.
Dwelling Unit: Any area within a structure on any parcel which:
A. Contains separate or independent living facilities for one or more persons, with
area or equipment for sleeping, sanitation and food preparation, and which has
independent exterior access to ground level; or
B. Is being utilized for residential purposes by one or more persons separately or
independently from occupants of other areas within the structure.
Dwelling Unit, Access: A residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation and be located on the
same parcel as a single-family dwelling is situated.
Facilities for Food Preparation: An area where food may be prepared which includes,
but I not limited to, any two or more of the following items, either individually or in
combination: heating appliances such as stoves, hot plates, microwave ovens, convection
ovens and /or toaster ovens, refrigeration appliances, sinks including the plumbing
thereto with running water whether with or without a disposal and may include a
bathroom sink, cabinetry or shelving used for the storage of pots, pans, dishes, glasses,
eating utensils and /or food items.
Kitchen: Any room or portion of a room designed, intended or used for the cooking or
preparation of food.
Chapter 20.85 — Accessory Dwelling Units:
Cranny Unit: As used in this chapter, a granny unit is defined as a detached or attached
dwelling unit to be constructed on a site zoned for a single family residence in
conjunction with a primary residence, with the second dwelling unit intended for the sole
occupancy of I or 2 adult persons who are 60 years of age or older, and the area of floor
space of the second dwelling unit does not exceed 640 square feet
Second Unit: A dwelling unit accessory to and either attached to, detached from, or
contained within the primary dwelling unit on a site.
31