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HomeMy WebLinkAbout06 - Amendment No. 879 - 2300 Jamboree Road4lE`x'�bgr �In CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH. CA 92658 (714) 644 -3200; FAX (714) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Amendment No. 879 2300 Jamboree Road September ,14, 1998 X Eugenia Garcia (949) 644 -32080 SUMMARY: Amendment to the Aeronutronic Ford Planned Community District Regulations to: • increase the height limit for dwellings located in area "4C "; • increase the height of fences and walls within the Planned Community to 10 feet due to changes in grade elevations between properties; • accept an Addendum to EIR No. 153 (SCH #94011022) for minor changes to the height limit in area "4C." ACTION: Conduct public hearing; introduce Ordinance No. 98 -_, for amendment No. 879, and pass to second reading on September 28, 1998. • LEGAL DESCRIPTION: Tracts 15332, 15387 through 15391 ZONE: P -C (Aeronutronic Ford Planned Community) OWNER: Pacific Bay Homes Planning Commission Action The Planning Commission held a public hearing on the amendment on August 20, 1998, at which time it voted unanimously to recommend approval of the amendment to the City Council. An excerpt of the draft minutes of the Planning Commission, and a copy of the staff report prepared for their consideration are attached for the information of the City Council. In making its decision, the Planning Commission took into consideration a number of key features of the application, specifically, the change in height in area 4C due to a change in product type and grades; the fence height of properties with a grade differential of more than 2 feet; and an Addendum to EIR No. 153 for view impact. • The original request of the applicant would have increased the height limit in this area to an average of 32 feet with a maximum ridge height of 35 feet. Before the Planning Commission meeting, staff realized that approving the amendment as submitted could allow subsequent renovations to the dwellings which could adversely affect views from Belcourt residences. Therefore, staff suggested, and the Planning Commission approved, an alternative to limit heights based on the specific elevations proposed by the applicant. This will insure that the views depicted in the visual analysis contained in the EIR Addendum will be preserved. An Amended Resolution was approved which established fence heights and maximum ridge heights for each lot (see table below). Submitted by: SHARON Z. WOOD Assistant City Manager LOT NUMBER MAXIMUM HEIGHT (FT) 1 35 2 35 3 35 4 35 5 26.7 6 26.5 7 26.3 8 28 9 29 10 26.5 11 26.5 12 26.7 13 28.7 14 26 15 32.2 16 27 17 26.7 18 26.3 19 35 20 35 21 35 22 35 Prepared by: EUGENIA GARCIA Associate Planner i Attachments: Draft Ordinance Excerpt of draft Planning Commis sion meeting minutes dated August 20, 1998 Planning Commission Staff Report F: \users \pin\shared\l citycnl \1998 \0914\A879rpt Amendment No. 879 Page 2 • • • ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT REGULATIONS TO AMEND THE PERMITTED HEIGHT LIMIT FOR AREA 4C AND CHANGE THE PERMITTED HEIGHT LIMIT FOR FENCES AND WALLS THROUGHOUT THE PLANNED COMMUNITY TO 10 FEET. WHEREAS, on August 20, 1998, Planning Commission of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, on September 14, 1998, the City Council of the City of Newport Beach held public hearings regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and • WHEREAS, pursuant to the California Environmental Quality Act, all significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report (SCH #94011022), and an Addendum to the EIR has been prepared in conjunction with Amendment 879. The City of Newport Beach accepts the Addendum and supporting documents. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section, V, B,4; Section VI, C, 4; Section VII, B, 4; Section VIII, B, 4; Section IX, C, 5; Section X, C, 5, to read as follows: Fences, Hedges and Walls "Fences shall be limited to a maximum height of eight (8) feet. When there is a grade difference between properties, fences shall be limited to a maximum 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 Am d=nt No. 879 Page 3 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." Section X, C,2,b shall be amended to read: "Buildings in area 4C shall not exceed the maximum ridge heights shown below. Average heights shall be no greater than three (3) feet lower than the maximum height specified for a particular lot. LOT NUMBER MAXIMUM HEIGHT (FT) 1 35 2 35 3 35 4 35 5 26.7 6 26.5 7 26.3 8 28 9 29 10 26.5 11 26.5 12 26.7 13 28.7 14 26 15 32.2 16 27 17 26.7 18 26.3 19 35 20 35 21 35 22 35 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 September 14, 1998, and adopted on the 28th day of September, 1998, by the following vote, to wit: Amendment No. 879 Page 4 • 0 0 ATTEST: CITY CLERK LJ r1 LJ AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MA Amendment No. 879 Page 5 City of Newport Beach Planning Commission Minutes August 20, 1998 INDEX 7. Th—elalanning Commission may add to or modify conditions of approval to this Use Permi commend to the City Council the revocation of this Use Permit. upon a determina at the operation which is the subject of this Use Permit. causes injury. or is detriftAtal to the health. safety, peace. morals. comfort. or general welfare of the commum 8. That this Use Permit shall expire unless exer ' d within 24 months from the date of approval as specified in Section 20.80.09 the Newport Beach Municipal Code. SUBJECT: Aeronutro nic Ford Planned Community District Regulations 2300 Jamboree Road • Amendment No. 879 Amendment to the Aeronutronic Ford Planned Community District Regulations to: • increasethe height limit for dwellings located in area "4C "; • increase the height of fences and walls within the Planned Community to 10 feet due to changes in grade elevations between properties: • accept an Addendum to EIR No. 153 (SCH #94011022) for minor changes to the height limit in area "4C." Mrs. Wood noted: • The original amendment was to allow the maximum height in this area to be 35 feet. • The photo exhibits show structures on a number of the lots at lower heights. • The applicant has reviewed these exhibits with the neighboring property owners in Belcourt and is committed to these lower heights. • An amended resolution is being proposed indicating the maximum ridge height for each lot. • These photos are not practical to be part of the conditions or approved document. It is appropriate to include into the record the statement that it is because of this representation that the Commission is willing to approve these heights and it is expected that this is the way the development shall occur. Public comment was opened. Rich Noland. Project Manager for Pacific Bay Homes. stated that they understand and agree with staffs recommendations. Continuing. he noted that Pacific Bay Homes has met with the Belcourt Homeowners Association board members as well as having sent letters to adjacent area homeowners in 4C. The neighbors have seen the exhibits and have stated their agreement with what is being proposed tonight. Item No. 3 A 879 Approved DRAFT • Ll R, City of Newport Beach Planning Commission Minutes August 20, 1998 1 INDEX Public comment was closed. Motion was made by Commissioner Ridgeway to adopt Resolution No. 1475 recommending approval of Amendment No. 879 to the City Council. MOTION CARRIED. Ayes: Ridgeway, Selich, Adams, Kranzley Noes: None Absent: Fuller, Gifford, Ashley, Abstain: None �1 Oral Report regarding "Windows on the Bay" use I Item 4 permit. Discussion Item Points The cond itiohs,,of approval for this use permit specified that the Planning Commission review this itemX July 1998. This is an oral report that will be followed up at the next • meeting with a wri \reved ere are two issues of compliance: The audio speakd but not to the height specified in the conditions. They have since and the applicant indicates they will be relocated at the correct height Additionally, there is a remaining speaker in a tree that also should b The other condition is for a patio doorsthat was to completely close off the patio from the Lido Isle area as a noise protection. he applicant has submitted a letter from his architect indicating that this would not be p Bible and still comply with the American with Disabilities Act. The condition of appro 1 allows that as an exception. The Building Department has reviewed that letter agrees that the door would not comply with ADA, however, it may be possible for a Building Department to grant an exception of compliance with the ADA if the C mission feels that the door should be something to be required. At Commission inquiry, Mrs. Wood noted that there have been No noise complaints to date. The door issue will be brought forward at the next meetitigsince there is no action being asked of the Commission at this meeting. The other ue that was to be reviewed during the month of July was the Cannery. That issue denied and therefore no action is necessary. VA 11 4�fW Cp9r CITY OF NEWPORT BEACH Hearing Date: August 20, 1998 e COMMUNITY and ECONOMIC DEVELOPMENT i PLANNING DEPARTMENT Agenda Item No.: 3 33� NEWPORT BOULEVARD Staff Person: Eugenia Garcia NEWPORT BEACH. C.i 92638 Phone number: (949) 644 -3208 (949) 6*4 -3200: FAX (949) 644 -3250 Appeal Period: Automatic REPORT TO THE PLANNING COMMISSION SUBJECT: Amendment No. 879 2300 Jamboree Road SUMMARY: Amendment to the Aeronutronic Ford Planned Community District Regulations to: • increase the height limit for dwellings located in area "4C' • increase the height of fences and walls within the Planned Community to 10 feet due to changes in grade elevations between properties; • accept an Addendum to EIR No. 153 (SCH #94011022) for minor changes to the height limit in area "41C." ACTION: ZONE: LOCATION: ONVNER: Points and Authority Approve, modify or deny: • Amendment No. 879 • Addendum to EIR No. 153 P -C (Aeronutronic Ford Planned Community) Tracts 15332,15387 through 15391 Same as applicant • Environmental Compliance (California Environmental Quality Act) All significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report (SCH #94011022), and an Addendum to the EIR has been prepared in conjunction with Amendment 879. It is the intention of The City of Newport Beach to accept the Addendum and supporting documents. r • VICINITY MAP Amendment No. 8791 Current Development: The subject property is the former site of the Ford Aeronutronic and Loral Aerospace research and development facilities, which have been demolished and phased construction of the residential development is underway To the north: Are the residential communities of Bayridge and Belcourt To the east: Is Jamboree Road, with the community of East bluff beyond To the south: Is the Belcourt Hill development, Ford Road and the community of Big Canyon To the west: Is the Belcourt development 0 • Conformance with the General Plan • The Land Use Element of the General Plan designates the site for "Single Family Attached and Detached Residential" development, with an allocation of 404 dwelling units. The proposed project is consistent with the General Plan. The proposal includes amendments to the Planned Community District Regulations and Development Plan. • Amendment procedures are set forth in Chapter Section 20.94.020 (B) of the Newport Beach Municipal Code. Background Subsequent to the approval of the Aeronutronic Ford Planned Community on September 9, 1979, it was amended on March 9, 1981, October 13, 1981, September 28, 1983, July 10, 1995 and July 22, 1996. On July 10, 1995, the City Council determined that Final EIR No. 153 was adequate for this project and satisfied all the requirements of CEQA. A copy of the previously prepared environmental document and traffic study is available in the Planning Department for review. On August 8, 1996, the Planning Commission approved Tentative Tract Map No. 15332 for the subdivision of the parcel of land into 404 numbered lots, 50 lettered lots and a parcel of land for roadway dedication in conjunction with a residential development On September 22, 1997, the City Council approved Final Tract Maps No. 15387, 15390, and • 15391, with a reduction and lot reconfiguration in Area 4C of Tract No. 15387, which was determined by the Public Works Department to be in substantial compliance with the approved Tentative Map. On February 9, 1998, Final Tract Map No. 15399 and 15389 were approved by the City Council, and on September 22, 1997, Final Tract Maps No. 15387, 15390, and 15391 were approved by the City Council. On July 13, 1998, the City Council approved Final Tract Map No. 15332. Proposed Amendment Building Height The proposed amendment is to increase the permitted height limit for the dwellings located in Area "4C" from the current 28 foot maximum ridge height to a maximum of 35 feet. The developer is proposing to change the product mix in Area 4C, including increased roof heights, which requires an amendment to the height limit in Area 4C. In order to accommodate the increased height limit within the previously approved envelope, the applicant is proposing to lower the grade for most of the lots, although the grade will not change for some lots. 3 0 \D • The Aeronutronic Ford Planned Community District Regulations permitted height limit for dwellings in Area 4C is 7 feet lower than the balance of the Pacific Bay development. This limitation was placed on Area 4C to preserve views from the Belcourt residential development located adjacent to the subject site. Exhibits 1 through 3 depict the original proposal as viewed from locations A and B in the Belcourt development and are part of the original analysis in EIR No. 153. Staff has analyzed the view from the same locations as in the original environmental analysis, and finds that there are key lots that have the greatest potential to affect view from the Belcourt area (see chart below). VIEW A VIEW B Lot 4 Lot 7 Lot 14 Lot 8 Lot 15 Lot 9 Lot 17 Lot 12 Lot 18 Lot 13 Lot 14 Three of the key lots are proposed with higher pad elevations and roof structures than the previous proposal (Lots, 4,8,9 in Exhibits 4 and 5). As can be seen in Exhibits 6 and 7 (new • visual studies prepared on the proposed revision), the dwellings to be located on these lots will not adversely impact the view from the Belcourt area. The remainder of the lots have lower pad elevations and correspondingly lower roof heights than was previously depicted in the EIR. Staff is of the opinion that the increased height limit of the dwellings will not impact the views from the Belcourt neighborhood because of the lowered grade elevations, lot reconfiguration, and the decrease in the number of lots in Area 4C, and could, therefore, be found consistent with the intent of the existing height limit. Fence Height The proposed amendment includes a request to increase the permitted 8 foot maximum fence height to 10 feet for property line fences on properties throughout the Planned Community. Several of the proposed fences are at a height of 6 feet, but, as the tract is developing with constant grade changes, many properties have differences of up to 4 feet between properties. Because of this, the Modifications Committee has routinely been approving fences in excess of 8 feet for several properties in each phase of the development. Most of the approvals by the Modifications Committee range in height from 9 feet to 10 feet 6 inches. Since this condition exists on a large number of the properties within the development, a change to the Planned Community Regulations is desirable. Staff has reviewed the request and feels that a better solution for fence heights is to permit • fencing that is 8 feet, plus the amount of the grade differential between properties. This will 4 �\ allow each property to enjoy at least an 8 foot property line fence, while continuing to limit the • fence height between properties with a similar elevation to 8 feet. Staff is of the opinion that this will allow for the differences in grade elevations between properties and assist in meeting the City Noise Ordinance requirements. CONCLUSION AND RECOMMENDATION It is the opinion of staff that the proposed amendment represents a reasonable and appropriate change to the Aeronutronic Ford Planned Community District Regulations for "Area 4C" since the proposed changes are consistent with the General Plan and the intent of the Planned Community District designation. The increased height of the dwellings in area 4C will not adversely impact the view from the Belcourt area and the reduction and reconfiguration in the lots will reduce the visual impact to provide more openness. Additionally, the increased fence height will allow the project to proceed without processing numerous modification permits while adhering to the City Noise Ordinance requirements for equipment. Further, staff concludes, based on the information provided in the Addendum, that there are not additional adverse view impacts in Area 4C and that the changes are consistent with approved EIR No. 153. Therefore, staff recommends that the Planning Commission recommend the approval of Amendment No. 879 to the City Council with the findings contained in the draft resolution. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: EUGENIA GARCIA ciate Planner Attachments: Draft resolution with revised Planned Community District Regulations Exhibits 1, 2, and 3 from EIR No. 153 Addendum to EIR No. 153 with Exhibits 4,5,6,7 F. \USERS\PIN\SHARED \1 PLANCOM\1998\8d0\AB79Rmo.DOC E • 0 P • RESOLUTION NO. 1475 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO THE AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT TO AMEND THE PERMITTED HEIGHT LIMIT FOR AREA 4C AND CHANGE THE PERMITTED HEIGHT LIMIT FOR FENCES AND WALLS THROUGHOUT THE PLANNED COMMUNITY TO 10 FEET (PLANNING COMMISSION AMENDMENT NO. 879) WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared; and WHEREAS, Section 20.94.030 of the Newport Beach Municipal Code provides that amendments to establish or amend a Planned Community Development Plan must be approved by a Resolution of the Planning Commission setting forth full particulars of the amendment; and WHEREAS, the Planning Commission is of the opinion that the proposed amendment to the Aeronutronic Ford Planned Community District Regulations is consistent with the General Plan; and WHEREAS, the Planning Commission has conducted a public hearing on • August 20, 1998, at which time this amendment to amend the Aeronutronic Ford Planned Community District Regulations was discussed and determined to be in conformance with the "Single Family Detached and Single Family Attached" designation of the Newport Beach General Plan, since the proposed amendment does not alter the residential character of the subject property or the Ford Aeronutronic Planned Community District as a whole; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach;and WHEREAS, the Public Resources Code Sections 21083 and 21087 provide for the City of Newport Beach to make minor corrections to EIR No. 153 with an addendum, and WHEREAS, an addendum to EIR No. 153 has been prepared to make technical corrections to that document, and WHEREAS, the proposed amendment to the land use limitations of the Aeronutronic Ford Planned Community District, to change the height limit for dwellings will apply to Area 4C and the height limit for fences and walls will apply to the entire development project; and WHEREAS, an amendment to the height limitations for Area 4C of the Aeronutronic Ford Planned Community District Regulations is necessary in order to allow a broader range of architectural styles in Area 4C; and • 13 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of • the City of Newport Beach does hereby recommend that the City Council approve Amendment No. 879 to change the height limit of Area 4C and the height limit for walls and fences throughout the project development of the Aeronutronic Ford Planned Community District, and to amend the Aeronutronic Ford Planned Community District Regulations for the following Sections: Section, V, B,4; Section VI, C, 4; Section VII, B, 4; Section VIII, B, 4; Section IX, C, 5; Section X, C, 5, to read as follows: Fences, Hedges and Walls "Fences shall be limited to a maximum height of eight (8) feet. When there is a grade difference between properties, fences shall be limited to a maximum 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." Section X, C,2,b shall be amended to read: • "Buildings in area 4C shall not exceed the maximum ridge heights shown below. Average heights shall be no greater than three (3) feet lower than the maximum height specified for a particular lot. LOT NUMBER MAXIMUM HEIGHT (FT) 1 35 2 35 3 35 4 35 5 26.7 6 26.5 7 26.3 8 28 9 29 10 26.5 2 • )A • 11 26.5 12 26.7 13 28.7 14 26 15 32.2 16 27 17 26.7 18 26.3 19 35 20 35 21 35 22 35 ADOPTED, this 20th day of August, 1998, by the following vote, to wit: Edward Selich, Chairman Richard A. Fuller, Secretary AYES Ridgeway, Selich, Adams, Kranzley_ Q NOES ABSENT Fuller, Ashley, Gifford )5 i B? O � 1 i ' VISUAL ANALYSIS LOCATION MAP Ford Land / Newport ' MbNJM Prepared by J.LWebb Pi n*q. Inc,. (n Figure 19a 11 Fxhihit 1 �� 7 11 0 1 LIP" DLO ��E 34�` F zt 22 2.1 2 2w Y �` � 20 2MM 18 ,�Q..` 18 G ..4 .20 4aG' WR 28 5 x `", I" BAR 16 7 IeR x 14! lit I 10 28 IAR FIGURE A [[:'fit:: A::,> Iv un t o _ 0 Z rn 00 a� a, J W m LL z0 � Q m CL a T • r.l •r.l k w 0 0 ha x O W S O t7 w i7 w n m YI � n YI m m M M 0 � OI YI OI M m Jvi Olm vi fDw Ol vi�h fD fD aC fD w ri vi n)r v vn N N N N N N N N N N N N N N N N N N N N N N W > O F S z O W S YI n YI O M m O m t7 h n YI n w t7 r! 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The proposal is to change certain height limits for Planning Area 4C of the Planned Community. In the determination to prepare this Addendum, the City of Newport Beach finds the following: 1. The revisions to the project will not result in new significant impacts or the increase in the severity of previously identified significant effects. 2. The circumstances under which the project was approved have not changed. 3. No new information has been presented showing any new environmental effects, there are no effects previously identified which are more severe than previously shown, and no mitigation measures have been found infeasible. This determination has been based upon the following information: Analysis The 1995 EIR for the project, SCH #94011022, specifically addressed the Area 4C potential • view impacts to the adjacent Belcourt Homes. Figure 19a from the EIR shows the planned plotting and the locations for the view analysis. The narrative in the EIR states that the view analysis was prepared utilizing the "preliminary grading plan and a conceptual plotting of dwelling units." In order to evaluate potential view impacts to the adjacent Belcourt homes, photographic pan shots were taken from the property line with the Belcourt homes development at the top of the existing slope bank. (These photographs illustrating existing views are shown in exhibit Figures 19b and 19c in the original EIR). Based on the preliminary grading plan and a conceptual plotting of dwelling units provided by the project proponent as well as proposed development standards, a three dimensional computer model of the proposed development was created and overlaid upon the photographic base of existing views. As exhibit Figures 19a, b and c illustrate, views from the adjacent Belcourt homes would not be altered by the proposed development. The Belcourt homes presently have at least a horizon line view of the ocean from yards in this location although the perimeter is walled so that only views from second stories are unobstructed. The proposed development depicted in EIR No. 153 would preserve these views and the EIR concluded, "No significant impacts have been identified" as related to views. Attached Exhibit 4 shows the new proposed lot layout for Area 4C with the dwellling units located further back from Ford Road and Souther Hills Drive than was previously depicted in • the EIR. Additionally, a larger setback has been established at the northwest comer of the intersection of Ford Road and Southern Hills Drive. The Building Department indicates that )13 .final grading plans have been issued and the site has been graded with the proposed new grades, • which allows for the preparation of a more accurate view analysis than was possible for the 1995 EIR. Photo exhibits 6 and 7, prepared by the applicant, indicate the actual finished grade conditions and actual building heights. The top portion of each exhibit shows the existing grade and the lower portion depicts those grades with the proposed dwelling. The difference between this exhibit and the 1995 EIR exhibits is the additional setbacks and the more northerly location of the dwellings in area 4C. Of the proposed 21 lots in are 4C, seven are proposed to exceed the 28 foot height limit and vary in height from 28.8 feet to 32.6 feet. Referring to Exhibit 7, lots 8, 9, 13 and 15, are in the view analysis area, and do not impact the view because of the changes in lot locations and grade elevations. • • �A