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HomeMy WebLinkAbout2006-22 - Approving Planned Community Development Plan Amendment No. 2006-004 to Aeronutronic Ford Planned Community District (PC-24) Prohibiting New Subdivisions in Area 5 (PA 2006-173)ORDINANCE NO. 2006 -22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2006 -004 TO AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT (PC -24) PROHIBITING 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, the Planning Commission voted five ayes and one noes to recommend approval of this Planned Community Development Plan amendment to the City Council; and WHEREAS, a public hearing was held by the Newport Beach City Council on October 10, 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. 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, the reduction of density is not necessary to prevent new subdivisions with the addition of new language in the Aeronutronic Ford Planned Community text; 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 ' THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: 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. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on October 10, 2006, and adopted on the 24th day of October 2006, by the following vote, to wit: Curry, Selich, Rosansky, AYES, COUNCIL MEMBERS Ridgeway, Daigle, Nichols, ... mayor we NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS - -- cz,0-�Ia MAYOR ATTEST: (/ �Y1m•c �i�'r2c --�+� CITY CLERK SECTION VIII - CUSTOM LOT RESIDENTIAVAREA 5 This area is intended to provide residential housing and related community facilities. Except as authorized by a General Plan Amendment (GPA), no new residential subdivisions resulting in additional dwelling units are permitted. Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals may be resubdivided to the original underlying legal lots to the extent permitted in the General Plan. A. Uses Permitted 1. Single Family Dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section IV, 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. 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 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 maximurn 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. 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. Parkin 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 16 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 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 the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2006 -22 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 October 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, 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 October 2006. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2006 -22 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: October 28, 2006. In witness whereof, I have hereunto subscribed my name thisday of /u0jta°1']�f`° 2006. City Clerk City of Newport Beach, California