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HomeMy WebLinkAbout2006-1 - Approving Planned Community Development No. 2005-003 for Property Located at 900 Newport Center Drive (PA2004-169).ORDINANCE NO. 2006- 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT NO. 2005 -003 FOR PROPERTY LOCATED AT 900 NEWPORT CENTER DRIVE (PA2004 -169) WHEREAS, an application was filed by Lennar Homes with respect to property located at 900 Newport Center Drive, and legally described as Parcel 1, as per map filed in Book 75 pages 33 and 34 of parcel maps, in the office of the County Recorder to rezone the subject property from APF to the PC District; adopt a Planned Community Development Plan to establish use and development regulations; and consider a waiver of the 10 -acre minimum land area requirement for Planned Community District adoption. The applicant also requests approval of: a General Plan Amendment and an Amendment of the 1990 Local Coastal Plan Land Use Plan (LCPLUP) to change the land use designations of the 4.25 -acre site from Administrative, Professional & Financial Commercial to Multiple- Family Residential; an Amendment of the 2004 LCPLUP to change the land use designation from Visitor- Serving Commercial (CV -B) to Medium Density Residential C (RM -C); a parcel map to subdivide the subject property from the hotel development for financing and development purposes; a Tract Map for the condominium ownership; a Traffic Study pursuant to the Traffic Phasing Ordinance (TPO) and a Coastal Residential Development Permit regarding the provision of affordable housing in accordance with the Municipal Code and the General Plan Housing Element. The requests are necessary for the applicant to construct 79 residential condominiums on a 4.25 -acre site presently developed with tennis courts operated by the adjacent Newport Beach Marriott Hotel. WHEREAS, on November 3, 2005, the Planning Commission conducted a public hearing 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. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. With a vote of 6 ayes (one recused), the Planning Commission recommended approval of the above - mentioned applications to the City Council. WHEREAS, the property is located in the Block 900 — Hotel Plaza of the Newport Center (Statistical Area L1) of the Land Use Element and has a land use designation of Administrative, Professional & Financial Commercial (APF) and zoned APF (Administrative, Professional, Financial). WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on November 22, 2005 to consider the proposed recommendations of the Planning Commission. WHEREAS, The City's General Plan indicates that the City shall maintain suitable and adequate standards for landscaping, sign control, site and building design, parking and undergrounding of utilities and other development standards to ensure that Page 2 of 3 the beauty and charm of existing residential neighborhoods are maintained, and that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses. The proposed PC Text contains one classification of land use and provides the development standards for the entire subject property. The draft PC Text contains development regulations for the subject site that include definitions and information concerning requirements for development site coverage, building height, setbacks, off - street parking, vehicular access, signing, lighting, storage, and screening and landscaping to ensure that the project would be compatible with the surrounding land uses consistent with the objectives of the Land Use Element. WHEREAS, the proposed PC District does meet the intent and purposes for a PC adoption as specified in Section 20.35.010 for a PC District adoption when considering it in a larger context beyond the site's boundaries given its location in the Newport Center area which includes a mixture of shopping, hotels, commercial support uses, professional offices, and residential developments that cohesively contain the ingredients of a planned community. The proposed PC District adds to this diversity assisting the City in larger scale community planning. WHEREAS, the adoption of PC District would allow the site to be developed with flexibility in establishing development standards such as minimum front, rear, and side yard dimensions and density to ensure that the project would be compatible with the surrounding land uses. WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) have been prepared in compliance with the Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Draft MND was circulated for public comment between July 15 and August 15, 2005. Comments were received from the California Coastal Commission, Airport Land Use Commission and Mr. Terek Saleh of Costa Mesa. The contents of the environmental document, including comments on the document, have been considered in the various decisions on this project. Since then, it was determined that the most appropriate zoning designation for the property would be PC (Planned Community). This new zoning designation does not affect the size, scope or design of the project that would potentially create additional physical environmental impacts. As a result, it has been determined that the MND adequately describes the potential impacts of the project and does not require additional recirculation and review of the MND. An addendum has been prepared to address the change in the zoning designation and made it a part of the MND. WHEREAS, on the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project nor cumulative impacts are anticipated in connection with the project. The mitigation measures identified are feasible and reduce potential environmental impacts to a less than significant level. The mitigation measures are applied to the project and are incorporated as conditions of approval. Page 3 of 3 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Santa Barbara Residential Planned Community District Regulations (PC -52) shall be adopted as provided in Exhibit "A" and revision to Zoning Map depicted in Exhibit "B ". SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on January 10, 2006 and adopted on the 24"' day of January 2006, by the following vote, to wit: AYES, COUNCIL MEMBERS selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS CITY CLERK -(:Dul MAYOR Exhibit "A" Santa Barbara Residential Planned Community District Regulations Newport Beach, California November 2005 TABLE OF CONTENTS SANTA BARBARA RESIDENTIAL PLANNED COMMUNITY DISTRICT REGULATIONS Introduction............................. ............................... Paw 3 ProjectDescription ................................................................... ..............................3 Section I Uses and Development Standards ............. ..............................7 SectionII General Notes ............................................. .............................11 List of Figures Figure I General Site Location ................................. ..............................5 FigureII Land Use Plan ............................................ ..............................6 FigureIII Site Plan ...................................................... .............................12 INTRODUCTION The subject of this document is a 4.25 -acre parcel on Santa Barbara Drive that has been designated as "Santa Barbara Residential Planned Community District" on the Districting Map for the City of Newport Beach. The designation was adopted to allow the development of 79 condominium units. The Santa Barbara Residential Planned Community District designation and "Santa Barbara Residential Planned Community District Development Regulations" have been adopted consistent with Chapter 20.35, "Planned Community District', of the Newport Beach Zoning Code. The project site is designated Multi - Family Residential in the Land Use Element of the General Plan. This designation permits both single - family and multiple - family dwellings. The 4.25 -acre parcel will be developed consistent with the General Plan and with regulations set forth herein and with all applicable ordinances, standards, and policies of the City of Newport Beach. The subject property is located within the Coastal Zone and development pursuant to this PC Text will require a Coastal Development Permit from the California Coastal Commission. The general site location and land use plan for the subject property are set forth in Figure I. PROJECT DESCRIPTION The 4.25 -acre site is currently being used as a tennis club operated by the Newport Beach Marriott Hotel. There are eight outdoor tennis courts, a clubhouse and ancillary uses on the property which are surrounded by landscaping on all sides. The subject property has a relatively flat terrain, and slopes down to the west. Vehicle and pedestrian access to the site is provided by a driveway on Santa Barbara at the southeasterly corner of the site. The site is bordered to the east by Santa Barbara Drive, to the north and west by the Newport Beach Country Golf Course and to the south by the Newport Beach Marriott Hotel. Across Santa Barbara Drive and Newport Center Drive to the east are the Pacific Financial Plaza and the Colony Condominiums. The project consists of three separate buildings housing a total of 79 residential condominium units with eight different floor plan options, ranging from 2,363 to 4,018 square feet in size. All existing improvements will be demolished and removed for the development of the proposed project. The architecture of the project would be of old world Mediterranean hillside homes with bold colors, rich detailings and generous use of decks and Juliet balconies. Large expanses of glass, decks and balconies will be used to take advantage of ocean views. Access to the new residential development will be via two driveways from Santa Barbara Drive. The main entrance is designed to provide access for the residents and guests of the two most southerly buildings and the parking garages. The second driveway is designed 3 for the residents and guests with access to the most northerly building and the underground parking garage. The project is designed with two subterranean parking levels, with 201 parking spaces for residents and guests. The proposed project would provide approximately 79,140 square feet of open space throughout the development and approximately 21,300 square feet of recreation area consists of passive uses such as meandering walkways, water fountains, and seating areas with barbeques. The adoption of PC zoning district would allows the site to be developed with flexibility in establishing development standards such as minimum front, rear, and side yard dimensions and density, as set forth in the PC Development Plan. 4 Figure I — Generai Site Location Costa Mesa V r YAW L /+ Clty Hall I�Udo Isle Newport pler r; i Are 4� Airport Area Site Location Irvine eFashion 71 Harbor View Island � e ;y 9 ,-Balboa Island Spyglass s boa P -Corona De r Newport Coast The vwdge ' NOT TO SCALE crystal cove ''till tJ Figure li — Land Use Plan Jamboree Rd. �i Residential Big Canyon Park Newport Center Dr. 6 Mae Arthur Blvd. . NOT TO SCALE SECTION I USES AND DEVELOPMENT STANDARDS 1. 2. 3. 4. 5. 11 7. Area of Development Total Area: 4.25 Acres Permitted Uses A. Condominiums B. Recreation Facilities Ancillary to Residential Uses C. Parking lots, structures and facilities Dens! Total allowed density: Building I: 27 units Building il: 31 units Building III: 21 Floor Area Ratio Floor Area Ratio Maximum Buildable Area 79 units (18.59 units /gross acre) We Maximum number of dwelling units for the residential development shall not exceed 79 dwelling units (1.9 FAR). Building Height The maximum permissible height of the development shall be sixty -five (65) feet at the mid -point of the roof measured in accordance with Chapter 20.65, "Height Limits ", of the City of Newport Beach Zoning Code. Building Setbacks A. Front Setback B. Side Setback C. Rear Setback D. Parking Structure 7 15' minimum 7' minimum 13' 3' minimum for each one (1) foot or fraction thereof that the parking structure extends above adjoining grade. 8. Sim A sign program for the Santa Barbara Residential Planned Community, approved by The Irvine Company shall be submitted for review and approved by the City of Newport Beach Planning Director or their designee. 9. Parking A total 201 parking spaces shall be provided for the development. A minimum of 2 parking spaces shall be provided per unit. In addition, guest parking shall be provided at a minimum rate of 0.5 spaces per unit. Guest parking will be provided in the parking structure, in a manner acceptable to the City Public Works Department. Building I: 70 spaces (55 resident + 15 guest) Building II: 78 spaces (62 resident + 16 guest) Building III: 53 spaces (42 resident + 11 guest) Required off - street parking shall be provided on the site of use served, or on a common parking area in accordance with applicable off - street parking requirements of the City of Newport Beach Zoning Ordinance. 10. Vehicular Access The development will take vehicular access from two driveway curb cuts. A main entrance will be provided for residents and guests to access the two most southerly buildings and garage and a secondary driveway will provide residents and guests access to the most northerly building and parking garage. 11. Landscaping & Irrigation Plants shall be adapted to the coastal climate of Newport Beach and appropriate to the specific soil, topographic, and sun /shade conditions of the project site. Drought - tolerant plants shall be used to the maximum extent practicable. Plant species having comparable water requirements shall be grouped together for efficient use of irrigation water. All plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. Plants shall conform to the Newport Center Master Plan where applicable. Plant r] selection shall be harmonious to the character of the project and surrounding projects. Minimum Landscape Requirements • Landscaping shall incorporate current street tree species along Santa Barbara Drive. • Landscape shall incorporate the current species of plants within R.O.W. on Santa Barbara Drive. • At least ten (10) percent of the project site area shall be landscaped. • Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. • Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the City Traffic Engineer. • All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape and irrigation plans. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. The property owner shall execute and record a restrictive covenant and agreement which grants assurance to the City that the landscaping and irrigation system is properly maintained in accordance with the approved plans. • Landscape planting and irrigation plans and specifications shall be submitted by the applicant for review and approval by the Building Department or Planning Department prior to the issuance of a building permit. Irrigation Guidelines An irrigation system shall be installed and shall incorporate appropriate locations, numbers, and types of sprinkler heads and emitters to provide appropriate amounts of water to all plant materials. Application rates and spray patterns shall be consistent with the varying watering requirements of different plant groupings. Irrigation systems and controls shall include technology that minimizes over watering by either: (a) directly measuring soil moisture levels, plant types, and soil types and adjusting irrigation accordingly; or, (b) receiving weather information on a least a daily basis via satellite or similar transmission and adjusting irrigation accordingly. The irrigation system shall be designed so as to prevent over - watering and minimize overspray and runoff onto streets, sidewalks, driveways, buildings, fences, and windows consistent with water conservation and pollution run -off control objectives. E 12. Refuse Collection Area A. All refuse collection areas shall be visually screened from access streets and adjacent property. Said screening shall form a complete opaque screen. B. No refuse collection area shall be permitted between a frontage street and the building line. 13. Telephone, Gas and Electrical Service All "on site" gas lines, electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 14. Grading Grading of the development area shall be conducted and undertaken in a manner both consistent with applicable grading manual, standards and ordinances of the City of Newport Beach and in accordance with a grading plan approved by the City of Newport Beach Building Department. 15. Lighting Lighting of building interior common areas, exteriors and parking areas shall be developed in accordance with City Standards and shall be designed and maintained in a manner which minimized impacts on adjacent land uses including The Colony. Nighttime lighting shall be limited to that necessary for security. The plans for lighting shall be prepared and signed by a licensed electrical engineer and shall be subject to review and approval of the City Planning Director or their designee. 16. Screening All mechanical appurtenances on building roof tops and utility vaults shall be screened in a manner meeting the approval of the Director of Planning or their designee. 10 SECTION II GENERAL NOTES 1. Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Sewage disposal service facilities to the Planned Community District will be provided by Orange County Sanitation District No. 5. 3. Development of the subject property will be undertaken in accordance with the flood protection policies and requirements of the City of Newport Beach. 4. Grading and erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Director of Community Development. 5. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Ordinance shall apply. 6. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the City of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 7. All mechanical appurtenances on building roof tops and utility vaults shall be screened from view in a manner meeting the approval of the Director of Community Development. 8. Prior to the issuance of grading permits the area shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with the adopted policies of the City of Newport Beach. 11 Figure III — Site Plan 12 Exhibit "B" PROPOSED CHANGE TO THE ZONING MAP FROM APF TO PC STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is six [one vacant seat]; that the foregoing ordinance, being Ordinance No. 2006 -1 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of January 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of January 2006. (Seal) r� City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2006 -1 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: January 28, 2006. In witness whereof, I have hereunto subscribed my name this day f 2006. City Clerk City of Newport Beach, California