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HomeMy WebLinkAboutExhibit 1 - Draft ResolutionDRAFT RESOLUTION EXHIBIT 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2007 -008 PLANNED COMMUNITY DEVELOPMENT PLAN NO. PD2007 -005, AND TENTATIVE PARCEL MAP NO. NP2007 -029 (PA2008 -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, a public hearing was held by the Newport Beach Planning Commission on December 4, 2008, 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 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, 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 for either approval or denial of such amendments; and WHEREAS, Land Use Policy LU 4.2 of the Land Use Element prohibits new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan. The proposed General Plan amendment would authorize one additional dwelling unit; and WHEREAS, 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; and WHEREAS, 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 0 City of Newport Beach Planning Commission Resolution No. Page 2 of 13 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 and as none of the three thresholds to require a vote pursuant to Charter Section 423 are exceeded, no vote of the electorate is required; 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, the project is located within the Big Canyon Planned Community where public services and infrastructure are available to serve the additional dwelling unit to be created by this proposed subdivision. Additionally, all applicable improvements required by Section 19.28 (Subdivision Improvements) of the Subdivision Code are to be satisfied by the applicant; and WHEREAS, Pursuant to Section 19.12.070 of the City Subdivision Code, certain findings and facts in support of such findings shall be made for approval of a Tentative Parcel Map. Such findings and facts to support such findings are as follows: 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 Big Canyon Planned Community. 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). 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. 1� City of Newport Beach Planning Commission Resolution No. Page 3 of 13 A Mitigated Negative Declaration has been prepared and 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 Big Canyon Planned Community, insuring the provision of adequate light, air, privacy, and open space for the dwelling unit, and insuring design compatibility with the surrounding neighborhood. 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 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 �5 City of Newport Beach Planning Commission Resolution No. Page 4 of 13 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 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. 'l° City of Newport Beach Planning Commission Resolution No. _ Page 5 of 13 The subject property is not located within the boundaries of a Coastal Zone; therefore, this finding does not apply. WHEREAS, based upon the analysis of the Initial Study, the environmental factors identified to have either a no impact or a less than significant impact were: Aesthetics, Agricultural Resources, Air Quality, Geology and Soil, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, and Utilities and Service Systems; and WHEREAS, 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; and WHEREAS, The 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. Staff received comments on the Mitigated Negative Declaration, and will present them at the December 4, 2008, hearing, and WHEREAS, the Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attomeys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Mitigated Negative Declaration No. ND2008 -003 as depicted in Exhibit "A" and Mitigation Monitoring Report Program as depicted in Exhibit "B" of this resolution. Section 2. The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve General Plan Amendment No. GP2007- 008 as depicted in Exhibit "C ". Section 3. The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Planned Community Development Plan No. PD2007 -005 as depicted in staff report Exhibit "D ". 11 City of Newport Beach Planning Commission Resolution No. Page 6 of 13 Section 4. The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Tentative Parcel Map No. NP2008 -111, subject to Conditions of Approval as depicted in Exhibit "E ". PASSED, APPROVED AND ADOPTED THIS 4m DAY OF DECEMBER, 2008. M Am Scott Peotter, Chairman Barry Eaton, Secretary AYES: NOES: ABSENT: IL'