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HomeMy WebLinkAboutBig Canyon GPA & SubdivisionCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 4, 2008 Agenda Item 2 SUBJECT: Big Canyon General Plan Amendment and Subdivision (PA2008 -210) • Mitigated Negative Declaration (ND2008 -003) • General Plan Amendment (GP2007 -008) • Planned Community Development Plan (PD2007 -005) • Parcel Map (NP2007 -029) APPLICANT: Big Canyon Country Club PLANNER: Russell Bunim, Assistant Planner (949) 644 -3233, rbunimCcD__city.newport- beach.ca.us PROJECT SUMMARY 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." 1) Conduct a public hearing; and 2) City Council adopt Mitigated Negative Declaration No. ND2008 -003; and 3) City Council approve General Plan Amendment No. GP2007 -008, Planned Community Development Plan Amendment No. PD2007 -005, and Parcel Map No. NP2007 -029 with the findings in the attached resolution (Exhibit No. 1). 11 • 0 VICINITY MAP RN Sz- Project Site Big Canyon December 4, 2008 Page 2 �. , gm n6, H +•,..L'��Lc* . sE ri�,"',5�:'.,'��"r' 4*�.�:.'.r+�v t��'.�'�. "`���h _• �c'�'�.. 1 A GENERALPLAN N e JI ZONING j Y Y `yl LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Parks and Recreation Golf Course — Big Canyon Golf Course PR Planned Communit PC -8 NORTH PR Golf Course PC -8 Golf Course SOUTH Single Unit Residential — Low Density Residential Detached housing Detached (RS-D) (PC -8 EAST Single Unit Residential — Medium Density Residential Attached (RS-A) (PC -8 Attached housing WEST RS -D Medium Density Residential Detached housing PC -8 Big Canyon December 4, 2008 Page 3 INTRODUCTION Project Setting The project site is located within the Big Canyon Planned Community (BCPC) which is surrounded by four arterial streets: Jamboree Road, Ford Road, MacArthur Boulevard, and San Joaquin Hills Road. The project site is located on the north side of Big Canyon Drive, between Rue Biarritz and Rue Villars. The project site, although designated as "Golf Course" in the BCPC, has never been used or maintained as part of the golf course. The project site was graded during the Big Canyon Trunk Sewer Replacement project in November, 2006, when the project site was used as a place to deposit soil under City review and inspection. The project site consists of a graded pad surrounded by areas of vegetation primarily consisting of native and non - native ruderal species and a steep slope on the east edge of the property vegetated primarily with native scrub species. The topography of the project site slopes down from Big Canyon Drive and the residential property to the east. The grade difference from the residential properties to the east and the existing graded pad on the project site is approximately 50 feet. (See Exhibit No. 2 for an aerial photo with two -foot contour lines) Project Description A General Plan Amendment (GPA) is required to change the land use category in the Land Use Element. The GPA does not modify the Land Use Element text; however, the GPA would be documented by depicting the new parcel on Land Use Element maps and changing the land use category from "Parks and Recreation" to "Single Unit Residential — Detached" (Exhibit No. 3). A Planned Community Development Plan Amendment ( PCDPA) is required to allow the additional dwelling unit and the land use change. The PCDPA would be documented by changing the project site's land use designation on the BCPC land use map from "Golf Course" to "Low Density Residential" and modifying the statistical analysis of the BCPC to include an additional dwelling unit acreage in each designation (Exhibit No. 4). A Parcel Map is required to subdivide the 1.9 -acre project site from golf course lot and requires City approval (Exhibit No. 5). ANALYSIS General Plan and Planned Community Text Amendments to the General Plan and Planned Community Development Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings Big Canyon December 4, 2008 Page 4 for either approval or denial of such amendments. However, when making a recommendation to the City Council, the Planning Commission should consider General Plan policies and Planned Community development standards to insure internal consistency. General Plan The General Plan contains objectives, policies, and distributions of land use for development in the City. The following General Plan policies are pertinent to the proposed project: Land Use Element (LU 4.2) "Prohibit new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be re- subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit Residential land use categories." This policy provides a mechanism for the City to allow units in addition to those included in the General Plan through an amendment and allows the City to track these amendments for the purposes of implementing Charter Section 423 (See City Council Policy A -18 discussion below). The mere fact that the applicant is applying for a GPA makes the proposed project consistent with this policy. Land Use Element (LU 6.2.9) "Require the open space and recreational facilities that are integrated into and owned by private residential development are permanently preserved as part of the development approval process and are prohibited from converting to residential or other types of land use." This policy is intended to preserve open space and recreational facilities in private residential developments. Most Home Owner Associations (HOA) own the open space and recreational facilities in a private residential development. However, the Big Canyon Planned Country Club golf course is not owned by the HOA; the golf course property is owned by the Big Canyon Country Club. Therefore, LU 6.2.9 is not applicable to the proposed project. Natural Resources Element (NR 17.1) 'Protect, conserve, and maintain designated open space areas that define the City's urban form, serve as habitat for many species, and provide recreational opportunities." The conversion of a small portion of the golf course to residential will not have an effect on the City's urban form. According to the biology report by Glenn Lukos (Exhibit No. 6, MND — Appendix C), the project site contains ruderal, ornamental, and disturbed areas of vegetation that would not be considered significant as they have low habitat value and have no potential to support special status flora or fauna. Lastly, the project site does not provide recreational opportunities as it has never been used or maintained as part of the golf course. Therefore, the project does not conflict with NR 17.1. Big Canyon December 4, 2008 Page 5 Natural Resources Element (NR 23.7) Design and site new development to minimize removal of native vegetation, preserve rock outcropping, and protect coastal resources. The Glenn Lukos report (Exhibit No. 6 — MND, Appendix C) states that the native vegetation on the project site has no potential to support special status flora or fauna and impacts to the vegetation would not be significant. The report further states that removing the vegetation is only an issue during the nesting season, recognized from February 1 through August 31, at which time a qualified biologist would need to conduct a nesting bird survey three days prior to any vegetation removal. Mitigation Measure No. 1 of the MND ensures the protection of birds nesting on the project site during the nesting season. The site does not contain rock outcroppings and does not contain a coastal resource as it is not located in or near the coastal zone. Therefore, the project does not conflict with NR 23.7. Planned Community Text The BCPC has development standards pertaining to single - family dwellings including a minimum lot size of 8,000 square feet. The proposed lot is 1.9 acres (approximately 82,764 square feet). All other BCPC development standards (i.e. setbacks, height, lot coverage, etc.) would be implemented at such time as plans for the dwelling unit are submitted. Subdivision Compliance (Title 19 of the Municipal Code) In making a recommendation for a tentative parcel map to the City Council, the Planning Commission shall make all of the following findings: 1. That the proposed map and the design or improvements of the subdivision are consistent with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code. The proposed amendments will bring the parcels into consistency with the General Plan and the BCPC. Standard conditions of approval have been included to ensure compliance with Subdivision Map Act and Subdivision Code. 2. That the site is physically suitable for the type and density of development. The proposed 1.9 -acre (approximately 82,764 square feet) project site is physically large enough to accommodate one single - family dwelling as the minimum parcel size is 8,000 square feet (approximately .18 of an acre). Although the size of project site is over 10 times the minimum requirement, the buildable area shown on the tentative parcel map is only 0.7 acres (approximately 30,492 square feet) which is delineated by a dashed line (Exhibit No. 5) and comparable to other lot sizes in the Low Density Residential planning areas. A comparison of the existing lots sizes in the BCPC is Big Canyon December 4, 2008 Page 6 provided in Exhibit No. 8. All of the existing lots in BCPC are graded /flat lots. Vehicular access to the parcel will be from Big Canyon Drive. 3. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. However, notwithstanding the foregoing, the decision - making body may nevertheless approve such a subdivision if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081 of the California Environmental Quality Act that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. A Mitigated Negative Declaration has been prepared (Exhibit No. 6). Mitigation measures have been provided that will reduce the potential significant impacts to less than significant. Therefore, the proposed project would not cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. The development of the parcel for residential use is not expected to cause serious public health problems given the use of typical construction materials and practices as noted in the Mitigated Negative Declaration for this project. No evidence was identified that would indicate that the proposed subdivision will generate any serious public health problems. The parcel has been designed in compliance with all applicable subdivision standards of Title 19 and any future proposed residence will be required to comply with Low Density Residential development standards of the BCPC, insuring the provision of adequate light, air, privacy, and open space for the dwelling unit, and insuring design compatibility with the surrounding neighborhood. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. in this connection, the decision - making body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these easements will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to determine that the public at large has acquired easements for access through or use of property within a subdivision. The project site does not contain any easements. 6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Big Canyon December 4, 2008 Page 7 Land Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use or the subdivision will result in residential development incidental to the commercial agricultural use of the land. The project site is not currently zoned or used for agriculture purposes and does not fall under a Williamson Act contract. 7. That, in the case of a "land project" as defined in Section 11000.5 of the California Business and Professions Code: (a) there is an adopted specific plan for the area to be included within the land project, and (b) the decision- making body finds that the proposed land project is consistent with the specific plan for the area. The subject property is not located within the boundaries of a specific plan; therefore, this finding does not apply. 8. That solar access and passive heating and cooling design requirements have been satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act. Title 24 of the Uniform Building Code requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Department will enforce Title 24 compliance through the plan check and field inspection processes for the construction of any future proposed residence. 9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section 65584 of the California Government Code regarding the City's share of the regional housing need and that it balances the housing needs of the region against the public service needs of the City's residents and available fiscal and environmental resources. The proposed subdivision facilitates the creation of one new residential dwelling that will be added to the City's housing stock and furthers the City's goal of meeting its housing needs as identified in the Regional Housing Needs Assessment. The addition of one unit will not cause an undue strain on public services. 10. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board. Waste discharge into the existing sewer system will be consistent with the existing residential use of the surrounding properties and does not violate Regional Water Quality Control Board (RWQCB) requirements. Additionally, sewer connections have been conditioned to be installed per City Standards, the applicable provisions of Big Canyon December 4, 2008 Page 8 Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform Plumbing Code. 11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act. The subject property is not located within the boundaries of a Coastal Zone; therefore, this finding does not apply. Council Policies Council Policy K -1 Pursuant to Council Policy K -1, property owners may apply for an amendment to the General Plan. CPK -1 requires the application to include a conceptual site plan and provide the reason for which the request is made. A conceptual site plan is attached as Exhibit No. 7 and the stated reason provided by the applicant for GPA request is for the development of one single family dwelling. Council Policy A -18 — Charter Section 423 (Measure S) Council Policy A -18 requires that proposed General Plan amendments be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) generates more than 100 peak hour trips, 40,000 square feet of non - residential floor area or exceeds 100 dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the suggested General Plan Amendment. This is the first GPA in Statistical Area L2 since the General Plan update in 2006. One additional dwelling unit results in an increase of 0.75 AM peak hour trips and 1.01 PM peak hour trips based on the Single - Family Detached Housing trip rates reflected in Council Policy A -18. Therefore, none of the three thresholds to require a vote pursuant to Charter Section 423 are exceeded. Environmental Review Prior to taking action on the requested General Plan Amendment, Planned Community Development Plan, and Parcel Map, the Planning Commission must first review, consider, and recommend City Council adoption of the Mitigated Negative Declaration (MND) (Exhibit No. 3). The MND is comprised of the Notice of Intent (NOI), Initial Study (IS), Environmental Analysis, and Appendices. Based upon the analysis of the Initial Study, the environmental factors identified to have either no impact or less than significant impact were: Aesthetics, Agricultural Resources, Air Quality, Geology and Soil, Hazards and Hazardous Materials, Hydrology and Water Big Canyon December 4, 2008 Page 9 Quality, Land Use Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, and Utilities and Service Systems. Based upon the analysis of the Initial Study, the environmental factors identified as potentially significant impacts were: Biological Resources, Cultural Resources, and Transportation and Traffic. Specific mitigation measures have been included to reduce the potentially significant adverse effects to a less than significant level. The MND was completed and circulated for a mandatory 20 -day public -review period that began on November 7, 2008 and concluded on December 1, 2008. Staff received comments on the adequacy of the MND, and will present them at the December 4, 2008, hearing. Public Notice Notice of this hearing was published in the Daily Pilot; mailed to all owners of property within 300 feet of the boundaries of the site, all of the property owners in the Big Canyon Planned Community, the applicant, and posted on the subject property at least 10 days prior to this hearing consistent with the provisions of the Municipal Code. Additionally, the item was shown on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Russell unim, Assistant Planner Submitted by: PF EXHIBITS (in the order they are referenced within the report) 1. Draft resolution 2. Aerial photo with two -foot contour lines 3. General Plan Land Use Maps 4. Planned Community Land Use Map and Text 5. Tentative Parcel Map 6. Mitigated Negative Declaration 7. Conceptual Site Plan 8. Lot Size Exhibit FAUSERSIPLNISharecAPA's1PAs - 200APA2007- 13Manning Comm1ssio1GP2007- 005perpt I 0