HomeMy WebLinkAbout2009-5 - Approving Planned Community Development Plan Amendment No. PD2007-005 (PA2007-210)ORDINANCE NO.2009-0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. PD2007 -005 (PA2007 -210)
WHEREAS, an application was filed for a General Plan Amendment,
Planned Community Development Plan Amendment, and Parcel Map by the Big Canyon
Country Club, with respect to a 1.9 -acre property located on the north side of Big
Canyon Drive, between Rue Biarritz and Rue Villars; and
WHEREAS, the project includes a General Plan Amendment, Planned
Community Development Plan Amendment, and Parcel Map to allow the development
of a new, single - family dwelling on a portion of the Big Canyon golf course. The
General Plan Amendment would change the land use category from "Parks and
Recreation" (PR) to "Single Unit Residential — Detached" (RS -D). The Planned
Community Development Plan Amendment would amend the Big Canyon Planned
Community Development Plan to change the land use designation from "Golf Course" to
"Low Density Residential; and
WHEREAS, on December 4, 2008, 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; and
WHEREAS, at the December 4, 2008, public hearing, the Planning Commission
received public comments and voted (5 ayes and 2 absent) to recommend approval of
the proposed Planned Community Development Plan Amendment; and
WHEREAS, a public hearing was held by the Newport Beach City Council on
January 27, 2009, 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 City Council at this meeting; and
WHEREAS, an amendment to the Planned Community Development Plan is a
legislative act. Neither the City nor State Planning Law set forth any required findings
for either approval or denial of such amendments; and
WHEREAS, the proposed subdivision of a 82,764- square -foot lot is consistent
with the 8,000- square -foot minimum lot size for the Low Density Residential planning
area within the Big Canyon Planned Community; and
WHEREAS, a Mitigated Negative Declaration was completed and circulated for a
mandatory 20 -day public- review period that began on November 7, 2008, and concluded
on December 1, 2008. Comments on the Mitigated Negative Declaration were considered
by the Planning Commission at the December 4, 2008; and
WHEREAS, a Mitigation Monitoring Report Program was completed to implement
all mitigations required by the Mitigated Negative Declaration; and
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: The Big Canyon Planned Community District Regulations shall be
amended as provided in Exhibit "A ", with all other provisions of the existing Planned
Community District Regulations remaining unchanged and in full force and effect.
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 27, 2009, and adopted on February 10, 2009,
by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, C,
ABSENT
ATTEST:
owo'v -. L�-
CITY CLERK
APPROVED AS TO FORM:
•-
MAYOR
Exhibit "A"
Planned Community Development Plan
Amendment
EXHIBIT - A
BIG CANYON AMENDMENT NO. 4
CITY OF NEWPORT BEACH
JANUARY 1981
THE IRVINE OUMPAW
PLANNM CXXVI"" C45MCT RESAAMNS
O Low Density Residential
Areas 8, 9, 9A, 11, 12 t�
® Low Medium Density Residential
Areas 2, 3, 4, 5, 7, 13
- Medium High Density Residential h(��
Areas 1, 6, 10, 14, 16
Commercial
Area 15 :1� ^;pis•.
Religious Institutional & Nature Preserve
Golf Course
J
Land Use Plan
Big Canyon
Planned Community
Big_Canyon_PD2007 -005 .mxd January 27, 2009
Amendment No. 554, adopted January 26, 1981
Amendment No. 589, adopted June 9, 1993
Amendment No. 603, adopted March 26, 1984
Amendment No. 651, adopted August 24, 1987
Planned Community Text Amendment No. 2003 -001, adopted October 26, 2004
TABLE OF CONTENTS
Page
Introduction I
Section I STATISTICAL ANALYSIS 2
Section II GENERAL 4
Section III DEFINITIONS 6
Section IV LOW DENSITY RESIDENTIAL
AREAS 8, 9, 9A, 11, 12
Sub - Section A Permitted Uses 7
Sub - Section B Minimum Lot Size 7
Sub - Section C Building Height 7
Sub - Section D Setback from Streets 7
Sub - Section E Setbacks from Other Property Lines 8
Sub - Section F Lot Area Coverage 8
Sub - Section G Fences, Hedges and Walls 8
Sub - Section H Trellis 9
Sub - Section I Parking 9
Sub - Section J Architectural Features 9
Section V LOW MEDIUM DENSITY RESIDENTIAL
AREAS 2, 3, 4, 5, 7, 13
Sub - Section A
Permitted Uses
10
Sub - Section B
Minimum Lot Area
10
Sub - Section C
Building Height
10
Sub - Section D
Setback from Streets
10
Sub - Section E
Setbacks from Other Property Lines
11
Sub - Section F
Lot Area Coverage
12
Sub - Section G
Fences, Hedges and Walls
12
Sub - Section H
Trellis
12
Sub - Section I
Parking
12
Sub - Section J
Architectural Features
12
Section VI MEDIUM
HIGH DENSITY RESIDENTIAL
AREAS 1, 6, 10, 14, 16
Sub Section A
Permitted Uses
13
Sub - Section B
Building Site Area
13
Sub - Section C
Building Height Limit
13
Sub - Section D
Setback from Streets
13
Sub - Section E
Setbacks from Other Property Lines
14
Sub - Section F
Parking
14
Sub - Section G
Site Area Coverage
14
Sub - Section H
Signs
14
Section VII GOLF COURSE
Sub - Section A
Permitted Uses
Sub - Section B
Building Height Limit
Sub - Section C
Setback from Streets
Sub - Section D
Setbacks from Other Property
Sub - Section E
Parking
Section VIII COMMERCIAL
AREA 15
Sub - Section A Uses Permitted
Section IX SIGNS
Section X RELIGIOUS INSTITUTIONAL AND NATURE PRESERVE
AMENDMENTS
15
15
15
15
15
17
18
26
28
SECTION I. STATISTICAL ANALYSIS
f•.3[KN�u'(�Pi7al. a `II����
Gross2Maximum Type
Tvae Area Acres' Acres DU /Ac
Low Density 8, 9 & 9A 433 45.4 2.224
11 8.8 3.0
12 57.5 2.5
SUBTOTAL 109 8111.7
Low Medium
Density
�f1 tW8 11F_\ I
2 5.8
3&4 20.8
5 16.8
7
13
Medium High 17.1
6
10
14
16
SUBTOTAL
7.7
10.6
61.7
10.0
5.2
18.9
9.4
11.3
51.9
3.0
4.0
4.0
DO Per/DU Povulation
X102
3.6
364
25
3.6
90
117
3.6
421
243 244
875
17
3.0
51
78
3.0
234
61
3.0
183
1 Unless otherwise noted acreage established by existing subdivision maps, parcel maps
or other recorded data.
2 Gross acreage includes the individual lots, any interior streets within the area, and
one -half (1 /2) of, or thirty (30) feet of (whichever is lesser), the width of any perimeter
street or adjacent open space.
3 Unless otherwise noted DUs represent actual construction.
Based on maximum number of DUs per GPA 79 -1, adopted December 10, 1979.
5 Based on maximum density permitted by GPA 81 -2, adopted May 9, 1983, which is 10 DU's per
buildable acre. Density of Area 16 is 9.3 DUs per buildable acre.
4.0
26
3.0
78
4.5
43
3.0
129
225
675
11.0
83
2.5
208
7.0
10.0
61
2.5
153
22.5
4.2
80
° 2.0
160
10.5
7.0
74
2.0
148
15.2
10.0
80
5 2.0
160
65.2
378
829
1 Unless otherwise noted acreage established by existing subdivision maps, parcel maps
or other recorded data.
2 Gross acreage includes the individual lots, any interior streets within the area, and
one -half (1 /2) of, or thirty (30) feet of (whichever is lesser), the width of any perimeter
street or adjacent open space.
3 Unless otherwise noted DUs represent actual construction.
Based on maximum number of DUs per GPA 79 -1, adopted December 10, 1979.
5 Based on maximum density permitted by GPA 81 -2, adopted May 9, 1983, which is 10 DU's per
buildable acre. Density of Area 16 is 9.3 DUs per buildable acre.
SUPPORT FACILITIES
Twe
Area Acres
Golf Course
1449143.0
Open Space
(Hazard Areas)
17.0
Clubhouse
5.0
Commercial
15 1.5
Road
14.0
Maintenance
2.0
SUBTOTAL
184 4182.5
GRAND TOTAL
407.8
lresidence permitted for general manager of golf course.
DU' Per/DU
1 3.6
84-7848
Population
F1
2,383
SECTION IV. LOW DENSITY RESIDENTIAL AREAS 8, 9, 2A, 11, 12
This area is intended to provide primarily for large lot, detached single family residential housing and
related community facilities.
A. Permitted Uses
Single family dwellings.
2. Parks, playgrounds, recreation or open space and green areas, riding, hiking paths,
bicycle trails and related facilities of a non - commercial nature.
3. Accessory buildings, structures and uses where related and incidental to a permitted
use.
4. One (l) on -site, unlighted sign not exceeding two (2) square feet in area to advertise
the lease, rental or sale of the property upon which it is located. Such sign may show
only the name, address and telephone number of the owner, but shall not show the
name, address, telephone number of any other description or identification of any
person, firm or corporation other than the owner of said property.
5. Golf course and appurtenant structures and facilities planned as a part of the planned
community which are to be constructed in the immediate future, subject to the design
criteria contained in the addendum of this ordinance.
B. Minimum Lot Size
A minimum lot size of 8,000 square feet shall be provided for each dwelling unit in Areas 8, 9,
11 and 12.
C. Building Height
Maximum height for all buildings shall be thirty -two (32) feet. Building height shall also be
limited by provisions of the Newport Beach Building Code.
D. Setback from Street
The following minimum setbacks shall apply to all structures (not to include garden walls or
fences) abutting street. Said setbacks are to be measured from the ultimate right -of -way line.
However, the Planning Director may, upon submittal of a tentative subdivision map, review
said map in view of setbacks listed in this ordinance and/or sound planning principles and shall
either approve, modify, disapprove the setbacks shown, or refer the matter to the Planning
Commission for a determination. hr the case of modification or disapproval, the applicant may
appeal to the Planning Commission for further consideration.
Street Designation
Loop Collector
Local Street
Setback from Ultimate
Right-of-Way
20'
10'
Garage and carports shall conform to the building setback requirements above except that
when the garage or carport faces the access street, a setback not less than twenty (20) feet shall
be observed. Said setback shall be measured from back of curb or in the event sidewalks are
constructed, from back of sidewalk.
E. Setbacks from Other Properly Lines
All setbacks listed under this section refer to all property lines not affected by the requirements
of Section D above. The minimum setbacks shall be:
Rear or Front Yard
Fifteen (15) feet. However, the Director of Community Development may, upon submittal of
a tentative subdivision map, review said map in view of setbacks listed in this ordinance and/or
sound planning principles and shall either approve, modify, disapprove the setbacks shown, or
refer the matter to the Planning Commission for a determination. In the case of modification
or disapproval, the applicant may appeal to the Planning Commission for further consideration.
Side Yard
Five (5) feet. The above standards shall be required except that structures which abut a plaza,
park, mall or other permanent open green space may abut the common property line and have
Openings onto such open space.
Dwellings may orient toward the streetside property line or the opposite property line in order
to take advantage of view conditions.
F. Lot Area Coverage
For aggregate building coverage, the maximum shall be 50 percent of any lot. For the purpose
of this ordinance, coverage shall include all areas under roof but shall not include trellis areas.
G. Fences, Hedges and Walls
Fences shall be limited to a maximum height of eight (8) feet. Said fences are allowed in all
setback areas, except the area within ten (10) feet of the front or streetside property line, where
they shall be limited to three (3) feet. Wing walls, where an extension of a residential or
accessory structure, may be eight (8) feet in height. At street intersections, no such
appurtenance shall exceed thirty (30) inches in height above street pavement grade 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.
H. Trellis
Open trellis and beam construction shall be permitted to attach the garage or carport to the
dwelling 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 eight (8) feet. These areas shall not
be considered in calculating lot area coverage; however, trellis areas shall not exceed 20
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 areas which it covers.
I. Parkin�
Parking for residential uses in Areas 8, 9, 11 and 12 shall be in the form of not less than two
(2) garage spaces per family unit.
Parking for residential use in Area 9A shall be in the form of not less than six (6) parking
spaces per family unit including two (2) garage spaces,
Architectural Features
Architectural features, limited to cornices or eaves, may extend two and one -half (2 1/2) feet
into any front, side or rear yard setback.
i UZI TM', 1 J-VF7-V TIMUMP UM1711-WiTi-iMini ..
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2009 -5 was duly and regularly introduced on the 27th day of January, 2009,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 10th day of February, 2009, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of February, 2009.
(Seal)
City Clerk %
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2009 -5 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: February 14, 2009.
In witness whereof, I have hereunto subscribed my name this 0�3 day of t
2009.
City Clerk
City of Newport Beach, California