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HomeMy WebLinkAboutRECOMMEND APPROVAL GPA AND CA_ANNEXATION OF AREA 7 AND THE EMERSON AREARESOLUTION NO. 1622 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AND ZONING AMENDMENTS AND OTHER ACTIONS PRECEDENT TO THE ANNEXATION OF "AREA 7" AND THE EMERSON AREA TO THE CITY [GP 2003 - 005 /CA 2003 -006 and GP 2003 - 006 /CA 2003 -007] WHEREAS, the City of Newport Beach has initiated actions to annex territory identified as "Area 7" and the "Emerson Area" to the City of Newport Beach and to detach a portion of Area 7 from the City of Costa Mesa; and WHEREAS, the California Government Code allows a city to prezone territory for the purpose of determining the zoning that will apply to such territory after annexation to a city; and WHEREAS, pursuant to Section 65300 of the California Government Code, the City of Newport Beach has prepared and adopted a comprehensive long -term General Plan for the physical development of the City and any land outside of its boundaries which bears relation to its planning; and WHEREAS, the California Government Code requires zoning to be consistent with a city's General Plan designations on property; and WHEREAS, land use and other General Plan designations for the subject annexation areas are not currently addressed in the City of Newport Beach's General Plan and therefore must be provided in conjunction with prezoning and annexation of those areas; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City staff has completed Initial Studies, determined that the subject amendments and annexations will not have a significant effect on the environment, and accordingly prepared draft Negative Declarations for the amendments and annexations; and WHEREAS, on November 20, 2003, the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed amendments and related items; and WHEREAS, the public was duly notified of the public hearing. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach makes the following findings and recommendations: 1. Environmental Review. a. Pursuant to CEQA Guidelines Section 15063, Initial Studies have been prepared for the projects. After reviewing the Initial Studies and the draft Negative Declarations, attached hereto as Exhibits ND -1 and ND -2, and all comments received during the public review process, the Planning Commission recommends the City Council approve the Negative Declarations, reflecting the independent judgment of the City of Newport Beach, and determine that the projects will not have a significant impact upon the environment. All records pertaining to this environmental determination are retained in the Planning Department of the City of Newport Beach. b. Pursuant to Title 14, California Code of Regulation Section 753.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed projects will have the potential for any adverse effect on wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the Planning Commission hereby finds that any presumption of adverse impact has adequately been rebutted. Therefore, pursuant to Fish and Game Code Section 711.2 and Title 14, California Code of Regulations Section 753.5(a)(3), the Commission recommends that the projects not be required to pay Fish and Game Department filing fees. 2 2. GP 2003 -005: Area 7. The Planning Commission finds as follows with regard to GP 2003 -005, pertaining to Area 7: a. The amendment provides land use and other designations consistent with existing land uses and designations in the area, which is almost completely developed. The amendment will thus provide for preservation of the area's character and environment for residents, business owners and property owners. b. The amendment is internally consistent with those portions of the General Plan which are not being amended. c. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the Planning Commission recommends that the City Council approve GP 2003 -005, consisting of the following: (1) Addition of Area 7 to the Land Use Element's "General Plan Land Use" map as shown on Exhibit GP -1 attached hereto. (2) Amendment to the text of the Land Use Element to add Area 7, as set out in Exhibit GP -2 attached hereto. (3) Addition of Area 7 to Service Area 4 of the Facilities Plan Map of the Recreation and Open Space Element, with no change to any parks or other public facilities. (4) Addition of Area 7 to the Circulation Element's Master Plan of Streets and Highways, with no change to any of the roadways shown on the Master Plan. 3. GP 2003 -006: Emerson Area. The Planning Commission finds as follows with regard to GP 2003 -006, pertaining to the Emerson Area: a. The amendment provides land use and other designations consistent with existing land uses and designations in the area, which is almost completely developed. The amendment will thus provide for preservation 3 of the area's character and living environment for residents and property owners. b. The amendment is internally consistent with those portions of the General Plan which are not being amended. c. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the Planning Commission recommends that the City Council approve GP 2003 -006, consisting of the following: (1) Addition of the Emerson Area to the Land Use Element's "General Plan Land Use" map as shown on Exhibit GP -3 attached hereto. (2) Amendment to the text of the Land Use Element to add the Emerson Area as set out in Exhibit GP -4 attached hereto. (3) Addition of the Emerson Area to Service Area 3 of the Facilities Plan Map of the Recreation and Open Space Element, with no change to any parks or other public facilities. (4) Addition of the Emerson Area to the Circulation Element's Master Plan of Streets and Highways, with no change to any of the roadways shown on the Master Plan. 4. CA 2003 -006: Area 7. The Planning Commission finds as follows with regard to CA 2003 -006, pertaining to Area 7: a. The proposed amendment to the Zoning Code text and the Districting Maps provides for permitted land use and development standards consistent with existing land uses and development in the area, which is almost completely developed. The amendment will thus provide for preservation of the area's character and living environment for residents and property owners, while avoiding the creation of nonconforming land uses and structures. b. The revised City Santa Ana Heights Specific Plan, a component of the zoning amendment, closely follows the provisions of the current County 4 Specific Plan for the West Santa Ana Heights area, thus providing for continuity in land use regulation and avoiding the creation of nonconforming uses and structures. c. The amendment is consistent with the General Plan. d. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the Planning Commission recommends that the City Council approve CA 2003 -006, consisting of the following: (1) Amendments to Title 20 (Zoning Code) of the Municipal Code, adding the "RMD" and "CN" Districts and making other changes as set forth in Exhibit ZA -1 attached hereto. (2) Amendment to applicable zoning Districting Maps, adding Area 7 and zoning the land therein as shown on Exhibit ZA -2 attached hereto, with the specification that the County- approved development plan for the area designated as "RMD -PRD" on the Exhibit shall be an integral part of the zoning for said area. (3) Amendment to Chapter 20.44 of the Zoning Code, the "Santa Ana Heights Specific Plan" (Specific Plan District #7). The amended Santa Ana Heights Specific Plan, distributed separately due to bulk, is hereby designated by reference as Exhibit ZA -3 of this Resolution as if fully set forth herein. 5. CA 2003 -007: Emerson Area. The Planning Commission finds as follows with regard to CA 2003 -007, pertaining to the Emerson Area: a. The proposed amendment to the Zoning Code text and the Districting Maps provides for permitted land use and development standards consistent with existing land uses and development in the area, which is almost completely developed. The amendment will thus provide for preservation of the area's character and living environment for residents 5 and property owners, while avoiding the creation of nonconforming land uses and structures. b. The amendment is consistent with the General Plan. c. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the Planning Commission recommends that the City Council approve CA 2003 -007, consisting of the following: (1) Amendment to the applicable zoning Districting Map, adding the Emerson Area and zoning the land therein as shown on Exhibit ZAA attached hereto. BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council stipulate that the approval of the amendments set forth in this Resolution shall become effective only if the annexations described herein are approved by the Orange County Local Agency Formation Commission. PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF NOVEMBER 2003. BY/� Earl M Daniel, Chairman Mich Toerge, Secretary AYES: Eaton, Cole, Toerge, McDaniel, Selich N Kiser and Tucker NOES: None EXHIBIT GP-1 AREA 7 GENERAL PLAN DESIGNATIONS CORONA FHUTATM LAND Bom"ENTALOPENSPACE = ANNEXATION AREA Costa Nmuh flom Mesa o 600 1,200 1.8m 2.400 Feet f 9"dXE'FAMlLY-rFtAC#f6 1 t 77. 4B ii Newport Beach FAMN y �'&Ak D' 4B ii Newport Beach EXHIBIT GP -2: ADDITION OF AREA 7 TO STATISTICAL AREA J6 OF YHE LAND USE ELEMENT TEXT IN SECTION ENTITLED: "Santa Ana Heights Area (Statistical Area MY': 1. In heading no. 2, entitled "Santa Ana Heights" replace the first paragraph with the following: "2. Santa Ana Heights and Adjacent Areas. The annexation of east and west Santa Ana Heights and adjacent areas added over 450 acres of developed residential, office, and commercial land to the City's northwestern boundary. The area includes Santa Ana Heights, the Santa Ana Country Club, and residential and commercial development south of Mesa Drive. The Santa Ana Heights Specific Plan area was annexed to the City in two sections: East Santa Ana Heights, primarily east of Irvine Avenue, and West Santa Ana Heights, west of Irvine Avenue. The overall area is designated in various residential categories and in Administrative, 'Professional and Financial Commercial', 'Retail and Service Commercial' and 'Recreational and Environmental Open Space'. The area is virtually built out, with only a small number of vacant'infill' lots." 2. Also under heading no. 2, entitled `Santa Ana Heights ", insert new heading no. 3 between the first and second paragraphs, to read as follows: "3. East Santa Ana Heights. Of the areas described in Number 2 above, the portion of the Santa Ana Heights Specific Plan east of Irvine Avenue is referred to as 'East Santa Ana Heights'. The following paragraphs refer to that subarea." The remainder of the paragraphs under old heading No. 2 are to be retained unchanged and placed under the above new heading. 3. Renumber old heading no. 3, entitled `Bayview ", to heading no. 4. 4. Change the Table labeled, `ESTIMATED GROWTH FOR STATISTICAL AREA J6" as follows: ESTIMATED GROWTH FOR STATISTICAL AREA J6 Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth 1. Irvine Avenue no changes 2. West Santa Ana Heights and South of Mesa Drive 3. East Santa Ana Heights 4. Bayview TOTAL* Population* 442 309 (133) 351,816 no changes 1,170,205 818.389 no changes * Dwelling units and commercial square footage for West Santa Ana Heights and the area south of Mesa Drive will be determined upon annexation EXHIBIT GP -3 Costa Mesa] 250 500 750 Feet I� I 1 •�••� NB City Boundary (Current) - -- CM City Boundary (Current) won m mm "mm im No m C� EXHIBIT GP -4: ADDITION OF EMERSON AREA TO STATISTICAL AREA J5 OF THE LAND USE ELEMENT TEXT IN SECTION ENTITLED: "Westbay Area (Statistical Area MY': 1. Headings 1— 10: No changes [Note: Heading No. 10 was added in 2000 as part of the Bay Knolls annexation prezoning/GPA]. 2. Add Heading No. 11: 11. Emerson. The Emerson annexation added 1.9 acres of developed residential land to the City's northwest boundary east of Tustin Avenue, between Holiday Road and Bay Street. The area is designated Single Family Detached." 3. Change the Table labeled, `ESTIMATED GROWTH FOR STATISTICAL AREA J5" as follows: ESTIMATED GROWTH FOR STATISTICAL AREA J5 Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 1/1/87 Projection Growth 1/1/87 Projection Growth 1 -10 [ "Westbay Residential" no changes through "Bay Knolls'") 11. Emerson 9 9 -0- D- -0- -0- TOTAL 611 643 32 Population 1222 1286 64 EXHIBIT ZA -1: AMENDMENTS TO ZONING CODE TEXT RELATING TO AREA 7 IN MUNICIPAL CODE TITLE 20: 1. Amend Section 20.00.040 by adding the following districts to the list of base zoning districts in Paragraph "A ": Medium Density Residential (RMD) District Neighborhood Commercial (CN) District 2. Amend Section 20.10.010 to add the following text at the end of the section (shown double - underlined below): Section 20.10.010 Specific Purposes. ... Specific residential districts are as follows: Residential - Agricultural (R -A) District. Provides areas for single - family residential and light farming land uses. Single- Family Residential (R -1) District. Provides areas for single - family residential land uses. Restricted Two Family Residential (R -1.5) District. Provides areas for single - family and two family residential land uses with the total gross floor area of all buildings limited to a maximum floor area ratio of 1.5 times the buildable area. Two Family Residential (R -2) District. Provide areas for single - family and two - family residential land uses. Medium Density Residential (RMD) District. pLOyidgs for medium density residential Provides areas for 3. Amend the residential land use regulations table in Section 20.10.020 to add the column labeled "RMD. "as follows: Section 20.10.020 Residential Districts: Land Use Regulations. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in residential districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in residential districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD /U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P /UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use RoQu|u1iono" following the schedule. YVhoro letters in puron1h0000 are opposite a use classification heading, referenced regulations shall apply 10 all use classifications under the heading. �'-'-�-_-_---------------'''___ �K��6bdeNtia|-_�ist�-cts:Land--|�se :Regulations ;P =Permitted :UP = Use permit :PCvU= Use permit issued bythe iP|annin�Diroc|ur � 1= Limited (see Additional Use Regulations) Nu|Pornob|od ` � __________�_____�____�_ �__�_���_________________� � � � R`4 R^1 R-1.5 R-2 :WYFR !����KD � � . �__--� iK�K���|K�K�Y��l��L ---_------_-----'__-_,- UP --_-__''�--��--_--� UP �UP UP iDay-Care, Umbod p p _ P - --r-P - � P P ....................... .... - .... ___- Group Residential P __� .. ----- UP � ^ _-�-- ^ ~' Residential ---'^'----�Limited � ``'----�� UP P P P Single-family Residential P P P P P p ..... ........... - ........ -- :Multifamily Residential -- -'-- �-- -- -- � ' P P ^~--_--'- .Tvvo'Fann||yRosiden1/a| � �_-----_-__-------' _�----_-_ -- -------'_-_ �-- P --. P -�_.-� P . P ' ''-_'--.-__----_-__----_ '�»|�K�L|��A��K�������|^�»|���LI�� __---__----'----� � � ' � 'Cemeteries .^ L^1 L^1 L^1 r---- L'1 !L^1 iQuboandLodyoo � L'2 L^2 L-2 r�-�-l-- L-2 /---�-----' Convalescent Facilities ^. UP � UP UP r�--'- � UP 0P ---------------................................. 'Day-Care, General ......... �----�'----�-r--����-,'` UP UP UP UP iUP ---_-_____-_-�_--�_---'---_----_--_� -- . ; UP ......... ..... ..... UP ....... � UP � � UP � 0P -'---'------'----------'-----'------�------'--r--'''--�-'- .Hospitals --- UP UP �UP UP 0P ----'---- ................... a�onFa�i/�Uoo ~~~^~~^,----''`�UP UP 0P �-�-'_-------.. ... -.. ........ .. .............. ..................... �Pub|i:Sa��Fac||0oo ...... UP --�-�--_-'_ �UP UP UP UP 0P -- Additional R8gu|ad08S (A),(B),(C) ���.'...... (D)�(E),(N) � (D) � (D) � --- '^� (A)�(8),(C) _ ........... .Religious Assembly ---_------_-----'__-_,- UP iUP UP �UP UP ' -- 0P -' _ |Rooidon1ia|Caro'(�onona| -__-__-_-_-__�_--___----- UP UP UP �UP UP - _-..._. 0P --^_._- /Sckooks. Public and Private `^., ....` UP � UP ----- UP ' ... ....... UP UP _-'--�-_' 0P � ;Utilities, Major UP �--_'----r---�-----r. �UP UP UP � UP ' ---. _ � 0P - �U�|Noo'��inor - � - --[--------------'-'----�— P ----'-----'-----'--|--' p p p . P '------ | P -'- Vehicle/Equipment Sales and Services O� ....................................................... ............................... . .............. ;Residential Districts: Land Use ;Regulations P =Permitted :UP = Use permit PD /U = Use permit issued by the .Planning Director L = Limited (see Additional Use Regulations) = Not Permitted ............... I......... I ..... ... . R -A R -1 - Commercial Parking Facility L -3 ;Visitor Accommodations -Bed and Breakfast Inns - -- UP ...................... ............................... ........ . -SRO Residential Hotels .......... ... ... .............._................ ......... ....._ ;AGRICULTURAL AND :EXTRACTIVE USES :... . ... . ................... . Animal husbandry . . ................................... ....... .I........ :Crop Production :Mining and Processing ....................................... ............................... ACCESSORY USES ':Accessory Structures and Uses PD /U _... __ .............. P - -- L-4 L -4 L -4 L -4 L -4 L-4 .(H) (A), (B), (C) .......... .. .... ........... P /UP P /UP P /UP P /UP P /UP *UP .(I) ;TEMPORARY USES (A), (B), (C) -- - .._... ;Circuses and Carnivals ..._... ................. P P -- - -.._ P P. P _ ..- ._...__..................... P (K) _..__..- ..... -. _ ..............._.__..._..._.__. _._...._.__.................... ;Commercial Filming, Limited - -- ................. ... P P .............. P P P P (K) 'Personal Property Sales P P P P i P P .(L) - .............. .... ... ......................... .... ..............................: Heliports, Temporary .. L -5 - -- - -- L -5 ............ .......................... . ...:. — (J) Real Estate Offices, Temporary L -5 L -5 L -5 L -5 L -5 L -5 (B) Residential Districts: Additional Land Use Regulations [NO CHANGES] 4. Amend Section 20.10.030 to add the column labeled "RMD" and the text shown double - underlined, and to delete the text shown by strikeovers, as follows: Section 20.10.030 Residential Districts: Property Development Regulations. The following schedule prescribes development regulations for residential districts. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this Code. 3 .......... . Residential Districts: Property Development Regulations Residential Districts: Additional Propert y Development Regulations [ PARAGRAPH J TO BE CHANGED AS SHOWN BELOW, WITH DELETIONS SHOWN BY STRIKEOVER AND ADDITIONS SHOWN BY DOUBLE UNDERLINE] (J): R -1.5, R -2 aad MFR, and RMD Districts. Ten feet shall be maintained between buildings. This requirement shall not apply to buildings attached by a solid roof structure, a minimum of four feet wide. [ NO CHANGES TO OTHER PARAGRAPHS] 4 R -A R -1 R -1.5 R -2 i MFR RMD Additional ` Regulations _ ......... .........._.......- ............ ;Minimum Site Area per Unit (sq. ft.) .:..........:_......... 1,000 ,'1,000 ........ - j 1,200 ... 3,000 (A), (B) Minimum Lot Area (sq. ft.) 87,120 5,000 :5,000 ;5,000 5,000 5,000 (A) - Corner Lots (sq. ft.) 87,120 6,000 5,000 6,000 6,000 6,000 (A) i Minimum Lot Width (ft.) 125 50 50 50 (A) - Corner Lots (ft.) 125 60 60 60 - -- (A) Minimum Yards: __.._. ;... j _...._... - - - ._.._ .. ; ............ ................................ Front ft. 20 1 20 20 20 20 20 .(K) . .......... ; (C), (D), (F), (H), Side (ft) 5 3;4 3;4 3;4 3;4 ; 5 (C), (D), (G), (H) ' Corner Side (ft.) ft............................. 5 3;4 3;4 3;4 3;4 ( 5 (C), (D), (G), (H) ......................( — ..... Rear (ft.) . ..... ...........:......_...._...._. 5;25 . 1 10 10 10 10 t....- ...... 25 ..............._......_........ (C), (D), (H), (Q) - Abutting an alley (ft.) .............. (I) Distance Between Detached Buildings (J) 'Maximum Height (ft.) ....... .. -... ----- j(K), (L) ........ Residential Districts: Additional Propert y Development Regulations [ PARAGRAPH J TO BE CHANGED AS SHOWN BELOW, WITH DELETIONS SHOWN BY STRIKEOVER AND ADDITIONS SHOWN BY DOUBLE UNDERLINE] (J): R -1.5, R -2 aad MFR, and RMD Districts. Ten feet shall be maintained between buildings. This requirement shall not apply to buildings attached by a solid roof structure, a minimum of four feet wide. [ NO CHANGES TO OTHER PARAGRAPHS] 4 5. Amend Section 20.15.010 to add text at the end of the section (shown double - underlined), as follows: Section 20.15.010 Specific Purposes. ... Specific commercial districts are as follows: Retail and Service Commercial (RSC) District. Provides areas which are predominantly retail in character but which allow some service office uses. Recreational and Marine Commercial (RMC) District. Preserves and encourages uses with a marine commercial and visitor serving orientation in waterfront areas. Administrative, Professional, and Financial (APF) District. Provides areas which are predominantly offices, but which also accommodate support retail and service uses. eighborhood Commercial (CN) District.. Provides areas for retail and service uses to serve the needs of the surrounding neighborhond and local area. 6. Amend Section 20.15.020 to add the column labeled "CM; as shown following: Section 20.15.020 Commercial Districts: Land Use Regulations. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in commercial districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in commercial districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters 'PD /U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P /UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. | l Commercial Districts: Land oe Regulations � P =Permitted UP= Use permit PCVU= Use permit issued by Planning Dir. L= Limited (See Additional Use Regulations) | Additional Regulations (A).(B).(C).(D) �� .... ����� --'----~^--' _........... __....... .... ... ........ PUBLIC AND SEMI-PUBLIC Clubs and Lodges !VP ! UP - -'_'____------_--''. -Yacht Club .......... /VP ...................... . ! UP Convalescent Facilities / PCVU .............. Cultural Institutions UP UP Day`Cane.(3enera| � P L^1 '----~-'^------'`---�-----.-----' Emergency Health Care -..................... --' ........... ^~ r'''. ! P ---'_--- ......... ---_--�-'----' Government Offices � P P ---- --------------......... Heliports ... r-- - ! UP - UP -- _----__-_-_-_--_'- Marinas P P Park and Recreation Facilities P P -- ... ' .... '---- .... ' — ------ Public Safety Facilities '--'---- UP UP Religious Assembly L^11 L'11 Residential Care, General ................. ! UP ! UP Schools.Public and Pr�a10 -' � -' i UP Utilities, Major UP UP Utilities, P P '- COMMERCIAL USES Adub'(}rien1odBuoin00000 P -- � 'Ambulance Services � L'4 -r'....... --_--------' �90/0i .......... ------- -----'_-----_................ Aminna| Sales and Services ................ � ..... .................. -Animal Grooming �PO/U _^ PCVU '-'-_------_--------_----_--__--------' � -Animal Hospitals ! UP UP -Animal Retail Sales PO/U -' _ .Artists' Studios P ` __ P - ,BankoXSavingo and Loans r------ ! p p � -With Drivo'Thoough/Drivo'UpService UP UP UP P P UP _ -' _ UP P `-'- -- .~ (G)_ _ ^~ (E), (F) � ----.| ......... �� � � 9 � | ---' ' 0P � � -[�---�i ............ -- ... 19 ............ ­._,_..­1_ (A.(B).(C).(D) � P ^~ (H).(|) .' ��.--___-'- '---- � 90/0� ^- 09 � ---~,--- -r'....... --_--------' �90/0i P P i(|) -- �L'3 --__-,__----_---'--- 9 | l |L'3 i r'------- � 09 � Commercial Districts: Land Use Regulations P =Permitted UP = Use permit PD /U = Use permit issued by Planning Dir. L = Limited (See Additional Use Regulations) - Not Permitted RSC APF RMC CN Additional Regulations ..................... :Building Materials and Services P .. . ........ ......................... ............................... :Catering Services P P ................ P P ........... ...................... Commercial Filming ...... UP - ....... UP UP ........ UP ......... ..... - ................. -_.._ (1) ................... Commercial Recreation and Entertainment UP UP UP UP (1), (P) ... ............ ............................... Communication Facilities P '........... P L -3 P ............................ . ---- ...... ------- .........................._ _..._.......... Eating and Drinking Establishments ............. ........................ ... .. - - ......................... -_. ...... .-------- _.. ......... --------_.._.___ ..... ... .._.... -Full Service, High Turnover ................. _. ...... UP ...... ..... UP .. .....--- .._. UP ........ -- PD /U -,`-. ............ ..____..___.........._......... (I), (J), (P) -Full Service, Low Turnover UP UP UP PD /U (1), (J), (P) __...... . ......................................: Full Service, Small Scale PD /U ............... ..... PD /U .. .. . ... .... I PD /U .... PD /U __............ j(I), (J), (P) ................ - Take -Out Service _... ._._......._.._.....__..,.._.._ UP UP UP _-...... PD /U ................._...._.... -._. (1), (J), (P) ........ .....I..........__... - Take -Out Service, Limited PD /U ...............; PD /U ... j PD /U PD /U ...................... ....- ...... (I), (J), (P) - Accessory P P P P .... ............................... i(1), (J), (P) .................. ............................... - -. _........ ........................._..... -Bars and Cocktail Lounges UP UP UP UP (I), (J), (P) ... .........._- .._........ -- -- :Food and Beverage Sales P - ._.. P -.... ........ (P) - Convenience Markets P L -1 P P i(P) :Funeral and Internment Services UP UP L -3 _.... _ ..._......... Laboratories _.... _ ._._ ................ P ..._.._ P . .......- _._........................ L -3 , .... --- ...................-----....----..................... .............................._ Maintenance and Repair Services ........._..__...... P P _.:......... .......... L -3 .......... ..... P .. ... ........ ..----- ._........................ (D) ............... ;Marine Sales and Services .................... -Boat Charter, Rental, and Sales UP - -- UP (D), (E), (F) -Boat Storage - -- - -- P - -- . .......... - ._ ........ ..... (D), (E), (F) _-----.......__..........._......_.._.__ -Boat Yards ........ - -- ...................:.._........ - -- L -6 - ..... -.... ...... ...... (D), (E), (F) - Marine Service Station PD /U PD /U -- (E), (F) - Retail Marine Sales P L -1 P - -- .. .............. (E), (F) ........................ _ ..... .........._.................... :Nurseries P .. ... - -- _.....__ ........................................................ ---------- ....-.....-...... Offices, Business and Professional ...,......_............. P ........ P ... L -3 ...-- ....... P — ... - ............ ..... .. ...... ..... . . :Pawnshops P - -- (I) Personal Improvement Services PD /U PD /U PD /U PD /U i(1) - Health /Fitness Clubs PD /U PD /U ; PD /U PD /U Personal Services P L -1 L -3 P I -Dry Cleaners s P L -1 L -3 P 7 :Commercial Districts: Land Use .Regulations P = Permitted UP = Use permit PD /U = Use permit issued by Planning Dir. `.L = Limited (See Additional Use Regulations) = Not Permitted Ll RSC APF 1 RMC CN Additional Regulations 1111... -Dry Cleaners (Collection Only) P L -1 L -3 P ........................... - Fortune Telling P P L -3 P ................. 1111. _ ..... . .............................. ...._.._..... - Massage Establishments L -7 L•7 L -8 L -7 __..._................. ......................................... ............................... .............. . Self Service Laundries P 1.111... - -- L -3 P Postal Services P P ;1111.. L -3 P Printing and Duplicating Services ! P P L -3 P Research and Development Services P P P P Retail Sales P L -1 L -9 :.......................... P 1.111. -... - Limited P L -1 L -9 P ........1111. ... . _ ........ ............................................. . . 1.111.. - Pharmacies and Medical Supplies P - -- -- L -1 -- - r- L -3 P ..._._. ................._..........._. _ ..............._.... _.. Secondhand Appliances /Clothing L -5 L -5 1.11.,1. - - -- 1111... L -5 L -5 _........... ... 1111... (1) Swap Meets, Recurring UP I - -- -- (1) Travel Services P P L -3 P .111..1..... .. ... . ... . ....... ......_._.... ....__..... .................. .......... __........._.... Vehicle /Equipment Sales and Services - ....... - Automobile Washing UP L -12 L -12 ... .............. ... - Commercial Parking Facility . PD /U ...... PD /U PD /U - -- ... ... ......_.......... ... ... ....... ..... .... .... ..... ............ ................... ........... .. ........ .._................. - Service Stations UP UP UP - -- (K), (P) - ._..._...._ .... . . .........._.. - - . -Vehicle/Equipment Repair _...... UP ......... L -12 -- - Vehicle /Equipment Rentals (Office Only) P `......... P L -2 - -- - Vehicle /Equipment Rentals UP - - -- L -12 :__ L -3 _ -- ... .................................................... ..._.._.... ............................... - Vehicle /Equipment Sales .. _ ....... UP . -_ - -- L -12 ... - -- 11.1.1.......... ........ ....... . ... ..._ .. .... . ... ................... ....-----. .._.__.. .......... ............ ... .......... - Limited 1111......... PD /U .._............. .. L -12 __.._ - .................- ............. .................. -- -..__......................................... - Vehicle Storage ...._........................ L -12 -. L -12 -- ................ j _. ....... ... ....-__..... - --- Visitor Accommodations .......... _ ............... .. -Bed and Breakfast Inns PD /U PD /U PD /U -- _ ................ ........ ........... ............ ... ... ..... ...... .......... ...._ ................ 1111.1.111. - Hotels, Motels and Time Shares UP UP UP (0) -RV Parks ;..... UP UP - -- - ............_ ...... ... ..... ......................... .... ......... .... ..._.._....... -SRO Residential Hotels UP UP ... ..... . .......................................... .....................- ............. :Warehousing and Storage, Limited UP (L) Warehousing and Storage, Self Service UP ..... ........ j(L) Ll .. .... ....... .......................... ................. ................ 'Commercial Districts: Land Use ......................... ..... Regulations P =Permitted UP = Use permit !PD /U = Use permit issued by Planning Dir. ;L = Limited (See Additional Use Regulations) = Not Permitted ..... ... ...........:............... RSC ...... ........................... APF RMC ... . CN Additional Regulations INDUSTRIAL .......... (A), (B), (C), (D) :Industry, Limited UP ... ...................... :Industry, Small Scale UP ................ ... . ... . ........ .................... ................ .... ........... ..... .... Industry, Marine - Related . ................ UP ...... ........ (E) 'Storage and Distribution ..............._...... ........ ... ...I .......... _.. ... . - -- ... ....... .....__ PD /U ........ __.... - -- _.. (L) ....... AGRICULTURAL AND EXTRACTIVE USES + (A), (B), (C) ............................. ...................... Mining and Processing ............................... L -10 L -10 L•10 - .._ ..... - ....... (M) :ACCESSORY USES ............... . (A), (B), (C) - --- ----- ...._.� -- ......... . .. .............._..- Accessory Structures and Uses ..... ... ...................... .. .... . ......I. .... ... ...................... ........ ........... P /UP P /UP P /UP P /UP ....................... . ............................ .. ... ... _._ —___ .- . -._... --------------- -- - -- TEMPORARY USES __ ------------------ . _......... (A), (B), (C) .......... ........_...................... Animal Shows P P P ... ................ .._......_. (N) Christmas Tree /Pumpkin Sales L -7 L -7 L -7 L -7 (B) ....... .............. . ... ... ......... ......_ ..... ... ..... Circuses and Carnivals P P P - . ............. (N) Commercial Filming, Limned P P P P ..................... .... . (N) _....... - .- ..__...._...... Fairs and Festivals P P P P ............ (N) Heliports, Temporary L -5 L -5 L -5 - ......_......... (G) Outdoor Storage and Display, Temporary P P P (D) ..... . . .......... .. ... _ Real Estate Offices, Temporary L -5 L -5 L -5 L -5 ..................... (B) Recreation and Entertainment Events P ! P P P (N) _ ........ ._ .................. Trade Fairs ................ P . .. ....... P .' ................_.................... P P ....._.._......_.._................. j(N) Commercial Districts: Additional Land Use Regulations L -1: Permitted as an accessory use and may be permitted as an ancillary use on a property separate from the principal use upon the finding by the Planning Director that the use remains subordinate to and serve the principal use pursuant to the definition contained in Chapter 20.03. L -2: Permitted when in conjunction with an incentive use under the provisions Section 20.60.080, Marine Incentive Uses. E L -3: Permitted with a use permit when in conjunction with an incentive use under the provisions of this Section 20.60.080, Marine Incentive Uses. L -4: Use permit required if located within one thousand (1,000) feet of a R district or the boundaries of a site occupied by a public or private school or park and recreation facility. Conditions may be imposed in approving such a permit to limit vehicle speeds and sirens. L -5: Subject to the approval of the Planning Director. L -6: Boat haul -out, boat repair, and dry boat storage permitted; boat building permitted with a use permit. L -7: See Chapter 20.87, Massage Establishments. L -8: See Chapter 20.87, Massage Establishments; permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080, Marine Incentive Uses. L -9: Hardware stores, shoe stores, specialty shops, and general retail sales permitted when in conjunction with an incentive use under the provisions of Section 20.60.080, Marine Incentive Uses. L -10: Limited to the removal of earthen material. No permit shall be required for normal grading or landscaping on lots of record. L -11: Limited to facilities occupying less than five thousand (5,000) square feet; use permit required. L -12: Permitted as an ancillary use with a use permit, (A): See Section 20.60.025, Relocatable Buildings. (B): See Section 20.60.015, Temporary Structures and Uses. (C): See Section 20.60.050, Outdoor Lighting. (D): See Section 20.60.105, Outdoor Storage and Display. (E): See Section 20.60.080, Marine Incentive Uses. (F): See Section 20.60.070, Waterfront Development Regulations. (G): See Section 20.60.055, Heliports and Helistops (H): See Chapter 20.88, Adult- Oriented Businesses. (1): See Section 20.60.085, Uses Requiring City Manager Approval. (J): See Chapter 20.82, Eating and Drinking Establishments. (K): See Chapter 20.80, Automobile Service Stations. (L): Limited to areas specifically permitted by the general plan. (M): See Chapter 20.81, Oil Wells. (N): Special event permit required, see Chapter 5.10 of the Municipal Code. (0): See Chapter 20.84, Time Share Developments. (P): See Chapter 20.89, Alcoholic Beverages. 7. Amend Section 20.15.030 to add the column labeled "CN" and the text shown double - underlined, as follows: Section 20.15.030 Commercial Districts: Property Development Regulations. The following schedule prescribes development regulations for commercial districts. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this Code. 10 (Commercial Districts: Property Development Regulations RSC APF RMC CN 1 Additional Regulations (A) (1) . . ..... -- ............ ............................... ;Minimum Lot Area (sq. ft.) 2,000 2,000 2,000 10,000 (B), (C) — — Corner Lots (sq. ft.) ;Minimum Lot Width (ft.) 25 25 25 '(B) __ .._....__._..... _ . ................... . Corner Lots : ........... ........... ......... . ................... 'Minimum Yards: Front (ft.) 15 Side (ft.) - -- Abutting an R District (ft.) 5 5 5 ---- .......... ..._. -.. _ ----- -- ---- --- -- Rear (ft.) --- Abutting an R Distnct (ft.) 5 5 5 Abutting an alley (ft.) ... ... ..... ............. 10 10 10 - ........ ....................... ... .. ... ... ...... ....... ;Bulkhead Setback ............ ...................... ......_ . ... ..... - .- ...... ........... 10 10 10 . ........... ....._...- ------- ......_...- - - - -- Waximum Height (ft.) - ...... E 20 (C), (D), (E) ...................... (C), (D). (F), (J) (�), (p� ...... .......... 20 i(C), (D) 20 (C), (D) Maximum Floor Area Limit -- ------ - - - --- Off- Street Parking and Loading Commercial Districts: Additional Property Development Regulations (A): See Section 20.60.060, Plans and Drawings for Commercial and Industrial Districts. (B): See Chapter 19.68 in Title 19, Merger of Contiguous Lots. (C): See Section 20.60.065, Residential Uses in Commercial and Industrial Districts. (D): See Section 20.60.030, Extensions Into Yards. (E): APF District. A fifteen foot front yard setback shall be maintained on all property located in the APF District, except where otherwise specified on the districting maps. (F): See Chapter 20.65, Height Limits. (G): See Chapter 20.63, Floor Area Ratios and Building Bulk. (H): See Chapter 20.66, Off - Street Parking and Loading Regulations. (1): For all property development regulations: In addition to the lot area, width and other requirements set forth preceding, subdivisions shall comply with the provisions of Title 19 (Subdivision Code), as amended. (J): In the CN District, for side and rear yards abutting a street the setback shall be 20 feet from the ultimate right -of -way line 8. Amend Section 20.65.040 to add the text shown double - underlined, as follows: Section 20.65.040 Height Limitation Zones. 11 In addition to the development standards established in the various districts, there shall be five height limitation zones within the City. The designations, locations and boundaries of these height limitation zones shall be as shown on the "Height Limitation Zones" map, incorporated herein and made a part hereof by this reference. In each height limitation zone the maximum permitted height shall be measured in accordance with the definitions contained in this chapter. A. 24/28 Foot Height Limitation Zone. In the 24/28 Foot Height Limitation Zone the height limit for any structure shall be twenty -four (24) feet; provided, however, that a structure may exceed twenty - four (24) feet up to a maximum of twenty -eight (28) feet through the adoption of a Planned Community District, or through the adoption of a Specific Plan, or through the approval of a use permit. This height limitation zone shall apply to all R -1, R -1.5, R -2, and OS Districts. B. 28/32 Foot Height Limitation Zone. In the 28/32 Foot Height Limitation Zone the maximum height limit shall be twenty -eight (28) feet; provided, however, that structures may exceed twenty - eighty (28) feet up to a maximum of thirty -two (32) feet in an adopted Planned Community District, or t hrough t he a doption o f a S pecific P Ian, o r t hrough t he a pproval o f a u se p ermit. This h eight limitation zone shall apply to all MFR and RMD Districts. C. 26/35 Foot Height Limitation Zone. In the 26/35 Foot Height Limitation Zone the height limit shall be twenty -six (26) feet; provided, however, that a structure may exceed twenty -six (26) feet up to a maximum of thirty -five (35) feet through the adoption of a Planned Community District, or through the adoption of a Specific Plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts, other than R -1, R -1.5, R -2, MFR,_@Mp and OS Districts, within the area known as the Shoreline Height Limitation Zone established by Ordinance 92 -3 and shown on the Height Limitation Zones map. D. 32/50 Foot Height Limitation Zone. In the 32/50 Foot Height Limitation Zone the height limit for any structure shall be thirty -two (32) feet; provided, however, that a structure may exceed thirty -two (32) feet up to a maximum of fifty (50) feet through the adoption of a Planned Community District, or through the adoption of a Specific Plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning d istricts otherthan R -1, R -1.5, R -2, MFR. _@.Mp and OS Districts which have boundaries not falling within the area above described as the Shoreline Height Limitation Zone, or within the High -Rise Height Limitation Zone. E. High -Rise Height Limitation Zone. In the High -Rise Height Limitation Zone the height limit for any structure shall not exceed three hundred seventy -five (375) feet. 12 ti to Z 0 M Cl) IL z H U N N N � /H O W 2 (7 Z W O W LL Z O 0 L] Q — ........ _..- - - - -__ _ - -. ....._.... - CL s j O CL 0. 6 4 cr 0 PIT s O � 0 LL - _ w f h. T J; U '.. U •� a. o o a Q W a co., CO LL c �� 7l A. ; U ! ®� �. a ' •�i5 tr : Q r o U m -r Ix oil a r. T, U T yy n iL LL a a7 :a O a. •t N ._..A LL .:c i> Ji 00 ; = 3, a o Sit tv :l o LL. Z °� - :.` Of CL 10 Y H I o `. d 'moo a U �. • T SS � • o i i M /` c V IY 's i EXHIBIT ZA -3: AMENDED SANTA ANA HEIGHTS SPECIFIC PLAN (ZONING CODE CHAPTER 20.44, ENTITLED "SPECIFIC PLAN V, SANTA ANA HEIGHTS") Page 20.44 -1 Specific Plan District 47 Santa Ana Heights CHAPTER 20.44 SPECIFIC PLAN DISTRICT #7 SANTA ANA HEIGHTS Sections: 20.44.010 Establishment of Specific Plan District -Santa Ana Heights 20.44.015 Purpose 20.44.020 Design Guidelines 20.44.025 Land Use Regulations 20.44.030 Open Space and Recreation District: SP -7 (OS/R) 20.44.035 Residential Equestrian District: SP -7 (REQ) 20.44.037 Residential Kennel District: SP -7 (RKl 20.44.040 Residential Single Family District: SP -7 (RSF) 20.44.044 ...k%ialtu[?l_N�trsgaYl?istrict. LP- :_7 ti1N1 20.44.045 General Commercial District: SP -7 (GC) 20.44.050 Business Park District: SP -7 (BP) 20.44.055 Professional and Administrative Office District: SP -7 (PA) 20.44.060 Professional, Administrative and Commercial Consolidation District: SP -7 (PACC) 20.44.065 Planned Development Combining District: (PD) 20.44.070 Commercial Stable Overlay District: (S) 20.44.072 Commercial Nursery Overay District:.(N) 20.44.075 Public Improvements 20.44.080 Discretionary Review and Amendments 20.44.010 Establishment of Specific Plan District - Santa Ana Heights A. Specific Plan District. The provisions of this Chapter shall apply to all parcels within the boundaries of Santa Ana Heights Specific Plan District #7, as shown on the "Land Use Map - Specific Plan District #T' (Exhibit 20.44 -1), incorporated herein and designated "5P -7" on Districting Map Nos. 30, 34, 42, 61, and 67. B. Redevelopment Projects. Redevelopment projects within the Santa Ana Heights Specific Plan District shall be governed by the provisions of Chapter 15.65 of the Municipal Code. v ro C1 � a � a c V � V N a C • O - N (] X Q LL w CL a � w 4� a o^ LLLJ cy 1 V C7 a m ca, CL Uj ,.. as L LL W N d' ml Page 20.44 -3 Specific Plan District #7 Santa Ana Heights 20.44.015 Purpose The purpose of the Santa Ana Heights Specific Plan is to provide for the orderly and balanced development of the community consistent with the Specific Plan's adopted land use plan and with the stated goals and policies of the Land Use Element of the General Plan. In carrying out this goal, the principal objectives are as follows: 1. Encourage the upgrading of existing residential neighborhoods and business development areas. 2. Ensure well planned business park and commercial developments which are adequately buffered from adjacent residential neighborhoods. 3. Encourage the consolidation of smaller contiguous lots in the business park area 4. Ensure that business park and residential traffic are separated to the maximum extent possible, while minimizing impact upon existing parcels. 5. Ensure adequate provision of public works facilities as development occurs. 6. Enhance equestrian opportunities within the residential equestrian neighborhood. 7. Enhance the overall aesthetic character of the community. The preceding g oals and objectives have guided the preparation of this S pecific Plan a nd are incorporated into the various components of the plan. 20.44.020 Design Guidelines A. Introduction. The intent of the Santa Ana Heights Specific Plan design guidelines is to promote a consistent, high quality character of development that will result in the overall enhancement of the aesthetic character of the community. Use of these guidelines in future project approvals will implement these objectives through the careful use of building forms and materials, streetscape concepts, setback and buffer areas and a unifying landscape concept. Combined, these elements will provide a sense of identity to the specific plan area and development which will complement existing and surrounding land uses while minimizing business park development impacts to the adjacent REQ District. Consolidation of smaller single lots within the business park area of Santa Ana Heights can provide for more flexibility in the design of office development, thereby enhancing the aesthetic character and cohesiveness of the development. Lot consolidation is encouraged within the business park area through the inherent benefits obtained when developing on larger consolidated parcels (e.g., the ability to dissolve setbacks along interior lot lines and to design more efficiency into parking areas), which will provide better business park development with fewer driveways and improve the overall community vehicular circulation. Page 20.444 Specific Plan District #7 Santa Ana Heights B. Architectural Guidelines for Business Park Uses. Due to the proximity of the areas designated for business park uses and residential uses, it is the stated objective of the City to provide architectural guidelines for business park uses which will blend with and complement the residential areas of the community. In order to achieve that goal, the following guidelines shall be of prime importance in the consideration of future development proposals. Building Massing/Form. a. Building facades abutting streets shall not have the appearance of excessive massing or bulk. The use of grading techniques and grade changes should be considered in order to minimize mass and bulk of buildings. b. Special consideration shall be given architecturally to emphasize pedestrian areas such as entry ways, walkways, and court yards /plazas (e.g., trellises, low parapet walls, extended roof or patio overhangs). C. Buildings clustered around a pedestrian area, such as a court yard/plaza, shall be designed to minimize excessive shading and maximize light exposure. d. Long, uninterrupted exterior walls shall be avoided on all buildings. For architectural interest, walls shall incorporate relief features, including building elements, articulation, window treatment, and n egative space to create an interesting b lend w ith the landscaping, other buildings and the casting of shadows. Incorporation of small -scale elements such as planters, installation of mature landscaping and landform manipulation will aid in softening the overall mass of structures. e. Particular consideration as to color, material, and form shall be given to the design and treatment of roofs because of their potential visual impact. f Roof flashing, rain gutters, downspouts and vents shall be treated to match materials and /or colors of the overall building. All roof equipment shall be screened with materials /colors consistent with the treatment of the building. g. Utilization of windows and balconies shall be encouraged in order to extend interior space to the outside and to create a visual connection with the exterior setting of courtyard or plaza areas. Page 20.44 -5 Specific Plan Distract 47 Santa Ana Heights However, usable balconies and unenclosed outside stairwells shall not be used on walls facing the REQ District. h. Walls and /or fences shall be used to screen utility and maintenance structures /facilities and storage areas. These surfaces shall match or be in harmony with the exterior finish of any structure with which they are in contact. Radical theme structures, signage, building and roof forms shall be discouraged. 2. Exterior Building Materials. The following shall be used as predominant exterior wall materials throughout the business park area. A combination of these materials is encouraged to soften and add architectural variety and interest to building facades. a. Wood. b. Brick, stone, rock or other appropriate accent materials. C. Architecturally treated concrete, concrete masonry, and block. These materials are to be painted or integrally colored in tones ranging from whites to earth tones. d. Stucco, with a machine - applied or smooth finish in natural gray or colors ranging from whites to earth tones. Accent materials and colors shall be coordinated to achieve a continuity of design with the overall structure and surrounding structures. 3. Glazing. The use of glass shall be subdued and in harmony with the building and the natural surroundings. Glazing shall be used predominately for the purpose of lighting interior space. Glazing shall not be used as a major architectural element, but may b e used as an accent feature to add variety to building facades. Mirrored glazing shall not be used. 4. Building Entrances. a. Site access, entrance drives and building entries shall be readily observable and inviting to the first -time visitor. b. Care shall be taken to provide minimum conflict between service vehicles, private automobiles, and pedestrians. Page 20.44 -6 Specific Plan District #7 Santa Ana Heights C. Building entries shall be integrated with overall building form and should be highlighted by such features as: - entry porte - cocheres - inviting pedestrian spaces such as plazas and fountains - special planters and plantings - textured hardscape 5. Buildine Rooflines. a. Roofs may be sloped, in a hip, gable, or shed fashion. Flat roofs are permissible. b. Simulated wood and slate materials, lightweight concrete and tile roofs are encouraged and must meet Building and Fire Code requirements. Highly reflective metal roofing material is prohibited. Asphalt and fiberglass materials are permitted only on flat roofs where screened from view. C. In all cases, roof - mounted mechanical equipment shall be screened from view from the adjacent streets and adjacent REQ District residences with materials finished to match materials and colors in the roof and building. d. Uncovered trash enclosures shall not be located any closer than 40 feet from any property line abutting the REQ District and no closer than t en feet from any side p roperty 1 ine and sh all n of exceed a height of 8 feet maximum abutting the BP District. 6. Enemy Considerations. Passive solar design orientation is encouraged. Solar collectors, if used, shall be oriented away from public view or designed as an integral element of the roof structure. 7. Sound Attenuation. All interior building areas shall be mitigated for noise, consistent with the General Plan Noise Element. Page 20.44 -7 Specific Plan District 47 Santa Ana Heights } / � � \ \ //j,(. •. " j. \. Tom•. \z'�+ PJ ?i4ES4> � f` .1, w �/I �In �)RWN y'��`Tx`v• •� ��'� ���. ..'RJ .. � \/ E4TUY NONJNTMKI, Upper Newputl say 0 1000 Feet 4. m� c / \ f tipper Newport say ResidentialLanspapeThema Monumentation Business Park Landscape Theme s •`., j Specific Plan Boundary r�"'�„•�^' 14'Buffer2oneLandscaping N S EXHIBIT 20.44 -2 Page 20.44 -8 Specific Plan District 47 Santa Ana Heights C. Landscape Guidelines. Landscape design is a crucial element in achieving a distinctive development character and in blending the development with the existing character of surrounding land uses. This character will be reinforced through the coordinated design and selection of landscape and paving materials and emphasis on special features such as entryways and signage. The overall landscape and buffer theme for the specific plan area is illustrated in Exhibit 20.44 -2. Guidelines are specified herein for the following landscape components of the plan: • Streetscape • Entry treatment • Buffer design • Parking lot design • Hardscape and street furniture design • Landscape maintenance L Streetscape. a. Business Park Streetscape - Acacia and Birch Streets. and Orchard Drive. Acacia Street, Birch Street and Orchard Drive roadways were originally each designed with 2 l l -foot and 2 13 -foot travel lanes and a 6 -foot walkway on either side. Acacia Street (within the Business Park District) is designed with a 70 -foot right -of -way with 2 12 -foot travel lanes, a 12 -foot median lane, an 8 -foot bikeway and a 9 -foot parkway that will include a 6 -foot sidewalk on either side (Exhibit 20.44 -3). Adjacent to the walkways outside the right -of -way, a 10 -foot landscaped setback is required. Should it be appropriate, road dimensions within right -of -way may be modified as needed to accommodate existing structures. Birch Street is now designed with an 80 -foot right -of -way and Orchard Drive is designed with a 70 -foot right -of -way (Exhibits 20.44 -4 and 20.44 -5, respectively). Birch Street will have the same improvements as Orchard Drive but with the added feature of a 10- foot median/left turn pocket. The streetscape for the business park area will be installed by individual property owners concurrent with development of approved projects. Ongoing maintenance will be the responsibility of individual property owners. The 10 -foot landscaped front setback shall be bermed at a 3:1 slope and planted with the designated street tree, Tristania conferta (Brisbane box), in one row, 30 feet on center. All street trees shall be a minimum 24 -inch box size when installed. Later phases of =I r-y V �bA CIO � V 4J m Q Q P. C U � U U W r� rr V V I r� rr _J V 0. M -' 0 N h �r w o 4 nq o yx �e❑ 6 � R N P. ti f. W w' OJ CD N r N Lu r ¢ 13NOOd Num a1d3� !i0 NdIa3W °. co m N r h N r x to r � r ii ,Y c 9 ti Y 0 A Q 1 O v U 0 N E-4 Qq w o Nx 0. C V � w � A. C s x- T � cli W OQ ;n vnnaxi N T 3 w T 0 Q Q a _ � F n � � CV i � a D N T m • •Y w U .y A 4 W y j �i A A V O I r� V U ti a O N ti W N � � V U r�N-I NO ti x' U Q 0. C U � a v 4 0 11 l�l W W j� v iq- v U �o a a d N Page 20.44 -13 Specific Plan District #7 Santa Ana Heights development must provide trees in sizes comparable to existing trees, or the largest commercially available. To screen parking areas, the remainder of the landscaped setback area shall be planted with a continual massing of shrubs and groundcover using the following plant palettes: Shrubs Hemerocallis spp. Hebe buxifolia `coed' Pittosporum tobira `variegata' Raphiolepsis indica AgVanthus spp. Pittosporum tobira `wheeleri' Xylosma conaestum Trachelospermum iasminoides Daylily `Hebe' Variegated tobira India hawthorne Lily -of -the -Nile Dwarf tobira Shiny xylosma Star jasmine All shrubs shall be a minimum size of five gallon. Groundcover Hedera Helix `Hahns' English Ivy Turf is discouraged. b. Residential Streetscape - Cypress Street. The Cypress Street roadway is designed with two twelve -foot travel lanes, eight -foot on- street parking areas on each side of the street and, on the east side of the street, a five- foot -wide sidewalk adjacent to the street. On the west side of the street, a three -foot planted parkway will be located adjacent to the curb along with twelve- foot -wide equestrian trail (Exhibit 20.44 -6). Funding for implementation of the streetscape along Cypress Street may be through an assessment district, redevelopment agency, or some other future funding source. The surface of the equestrian trail shall be one of the following: • Compacted decomposed granite • Existing soil, graded and compacted A three and one - half -foot high split rail fence shall be installed on both sides of the equestrian trail. Page 20.44 -14 Specific Plan District #7 Santa Ana Heights C. Residential Streetscape - Mesa Drive. The Mesa Drive roadway is planned with the same design features as Cypress Street, with an equestrian trail on the south side of the street and a pedestrian sidewalk on the north side. Exhibit 20.44 -6 illustrates the typical section for Cypress Street and Mesa Drive east of Birch Street. Funding for implementation of the streetscape may be through an assessment district, redevelopment agency, or some other future funding source. d. Residential Streetscape - Orchard Drive The Orchard Drive roadway is designed with two twelve -foot travel lanes and eight -foot on- street parking areas on each side of the street. A ten -foot planted parkway will be located on the north side of the street. On the south side of the street, a ten -foot planted parkway provided with a meandering four -foot sidewalk. Funding for implementation of the streetscape within the residential area of Orchard Drive may be through an assessment district, redevelopment agency or some other future funding source. The streetscape improvements within the business park area will be installed by individual property owners concurrent with development of approved projects. The ten -foot landscaped parkways shall be planted with the designated s treet t ree, P latanus a cerifolia (London p lane t ree), i n one row, thirty feet on center. All street trees shall be a minimum 24 -inch box six when installed. The remainder of the landscaped area shall be planted with Vinca minor groundcover. 2. Entry Treatments. a. Business Park Entry Treatment The primary purpose of entry treatment is the announcement of entry into the specific plan area. For the business park area, special entry treatment w ill b e 1 ocated at the intersection o f Irvine Ave. and Orchard Dr. and on Birch St. just south of the South Bristol St. intersection (Exhibit 20.44 -2). The two entry statements should be identical in design in order to reinforce project continuity and identification. These entries may include the following: • Landscape elements, i.e accent trees, shrubs, and groundcover. • Entry monumentation. • Pedestrian crossings and signalization, if appropriate. Page 20.44 -15 Specific Plan District #7 Santa Ana Heights Recommended plant materials for the business park entryways include the following: Accent Trees: Cupaniopsis Anacardioides Carrotwood (multi - trunk) Erythrina caffra Coral tree (multi - trunk) Jacaranda mimosifolia Jacaranda (multi - trunk) All accent trees shall be a minimum 24 -inch box size. Shrubs Hemerocallis spp. Daylily Hebe buxifolia `coed' Hebe Pittosponun tobira `vane ata' Variegated tobira RUhiolepsis indica India hawthome Bougainvillea spp. Bougainvillea Agapanthus spp. Lily -of -the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xvlosma con esg tum Shiny xylosma Trachelospermum iasminoides Star jasmine Dodonea viscosa `purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. Groundcover: Hedera Helix `Hahns' English Ivy Gazania spp. Gazania Entry Monumentation. Building materials to be used for entry monumentation include the following: • textured concrete • wood • stone • masonry • brick Page 20.44 -16 Specific Plan District #7 Santa Ana Heights b. Residential Entry Treatment. For the residential areas, entry treatments will be located on Orchard Drive between Birch and Cypress streets and at the intersection of Mesa Drive and Acacia Street (Exhibit 20.44 -2). These entries should be identical in design and reflect a more residential character in landscaping and signage, clearly delineating to business park users the entrance to a residential neighborhood. These entries may incorporate the following: • Landscape elements: accent trees, shrubs and groundcover. • Entry monumentation. • Pedestrian crossings, if appropriate. Recommended plant materials for the residential entryways include the following: Accent Trees: Melaleuca quinquenervia Cajeput tree Jacaranda mimosifolia Jacaranda (multi -trunk) Variegated tobira Liquidambar styraciflua American sweet gum Callistemon citrinus Lemon bottlebrush All accent trees shall be a minimum 24 -inch box size Shrubs: Hemerocallis spp. Daylily Hebe buxifolia `coed' Hebe Pittosporum tobira `variegata' Variegated tobira Ranhiolensis indica India hawthorne Bougainvillea spn Bougainvillea Agapanthus spp. Lily -of- the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photima Pittosnorum tobira `wheeleri' Dwarf tobira Xylosma con esg turn Shiny xylosma Trachelospermum iasminoides Star jasmine Dodonea viscosa `purourea' Hop seed bush All shrubs shall be a minimum size of five gallon. Groundcover: Hedera Helix `Hahns' Gazania spp. Page 20.44 -17 Specific Plan District #7 Santa Ana Heights English Ivy Gazania Buffer Design. Along all property lines where nonresidential uses abut residential uses, a ten -foot wide landscape buffer shall be required in order to screen and soften views from existing residential uses to business park uses (see Exhibits 20.44 -2 and 20.44 -7). The concept for planting the buffer areas will consist of a dense planting of trees and shrubs incorporating both low and high vertical elements. These elements will be combined with a six -foot high opaque wall at the property line. Planting will consist of evergreen trees and shrubs, to include the following: Trees: Pinus canariensis Podocarpus gracilor Cypress leylandii Cupaniopsis anacardioides Pittosporum undulatum Pinus halepensis Canary Island pine Fern Pine Cypress Carrotwood tree Victorian box Aleppo pine Trees shall be planted at 15 feet on center and shall include at least one 24 -inch box tree, with adequate infill landscaping of approved shrubs and groundcover. [clarified from County draft] Shrubs: Hemerocallis spp. Daylily Hebe btuxifolia `coed' Hebe Pittosporum tobira `varie ata' Variegated tobira Raphiolepsis indica India hawthorne Bougainvillea Mp. Bougainvillea Agapanthus spp. Lily -of- the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xvlosma con estum Shiny xylosma Trachelospermum jasminoides Star jasmine Dodonea viscosa `pumurea' Hop seed bush All shrubs shall be a minimum size of five gallon. El Groundcover: Gazania son. Hedera Helix `Hahns' Page 20.44 -18 Specific Plan District #7 Santa Ana Heights Gazania English Ivy Heavy planting is recommended to screen views. Parking Lot Design Within parking areas, trees shall be provided at a minimum ratio of one tree per four parking stalls. Planting islands shall be located not less than every eight parking stalls. The planting islands shall be a minimum of three feet wide and equal in length to the parking space it abuts (see Exhibit 20.44 -8). Landscaping in parking lot areas is to be protected by a curb at least six inches in height. Recommended plant materials include the following: Trees: Melaleuca quinquenervia Cajeput tree Pinus canariensis Canary Island pine Eucalyptus sideroxylon Red iron bark Eucalyptus ficifolia Red - flowering gum Cupaniopsis anacardiodes Carrotwood tree Shrubs: Hemerocallis spy. Daylily Hebebuxifolia `coed' Hebe Pittosporum tobira `variegata' Variegated tobira Raphiolepsis indica India hawthome Bougainvillea spp. Bougainvillea Agapanthus spp. Lily -of- the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xvlosma con esg turn Shiny xylosma Trachelospermum iasminoides Star jasmine Dodonea viscosa `purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. N � U � N �y N D^� R � a � � v 0. 4i A W 14 j a W W A W 0 N ti r W 1HEJ13H a Nialin L 0 �a J > Q U Q HOISH W cn ON dll W Qz_ O G -C J Q i az cn Fn w Y `r s Z W LL • 4 cn 0 W m a w a w IL z Q W d W Q H z W D W v 4i A W 14 j a W W A W 0 N ti � y � Q aCIL� wCIO V ) p4� M1: a vVi W -- W _ Y a In -- an W -- Z m d Y H CL 0 H J U i d Y K CL Z CL n Page 20.44 -21 Specific Plan District #7 Santa Ana Heights Groundcover: Gazania snp. Gazania Hedera Helix `Hahns' English Ivy 5. Hardscape and Street Furniture Design. Hardscape and street furniture design elements incorporated into the overall design theme for development in the specific plan area shall include, but not be limited to: walls and fences, paving, light fixtures, bollards, benches, trash receptacles and planters. Hardscape and street furniture elements will function to allow a coordinated and consistent visual and physical connection between buildings and landscape materials within the specific plan area. Building materials to be used as key hardscape elements are specified below. All materials utilized for walls, fences, paving, lighting and street furniture shall be coordinated with and be complementary to architectural design details and materials. a. Walls and Fences. • Concrete masonry: integral color, 4" coursing maximum • Brick: either red or in earth tones • Concrete: Textured, bush - hammered, rock salt, sandblasted, integral color in earth tones • Wrought iron (as accents) • Stucco: integral or painted color (same as building stucco color or approved alternative) b. Project and Individual Site Entry Paving (outside public R.O. W.). • Concrete: integral color, rock salt, exposed aggregate finish with brick or wood edges, or stamped concrete • Paving brick: in earth tones • Paving brick tile: in earth tones • Textured concrete: in earth tones • Precast rough- textured pavers: integral color • Quarry tile: in earth tones • Rough textured granite • River washed stones /cobblestones • Asphalt; use of asphalt with the above noted materials as accent features is encouraged. Page 20.44 -22 Specific Plan District #7 Santa Ana Heights C. Lighting Fixtures. • The following lighting elements may be incorporated into site plans for individual development proposals: • Parking light standards • Pedestrian pathways (bollard lights) • Pedestrian plaza/courtyards (bollard lights) • Landscape lighting d. Miscellaneous Hardscape. • Miscellaneous hardscape elements include bollards, benches, trash receptacles and planters. All of these elements shall be designed and located so as to complement and enhance the building. 6. Landscape Maintenance. All landscaping shall be maintained as follows: • All planting areas shall be kept free of weeds and debris. • Lawn and groundcovers shall be kept trimmed and /or mowed regularly. • All plantings shall be kept in a healthy and growing condition. • Fertilization, cultivation and tree pruning shall be carried out as part of regular maintenance. • Irrigation systems shall be kept in working condition. Adjustment and cleaning of system shall be a part of regular maintenance. • Stakes, guys and t ies on t rees s hall b e c hecked regularly for c orrect function; ties shall be adjusted to avoid creating abrasions or girdling to the stems. • Damage to plantings created by vandalism, automobile or acts of nature shall be corrected within 30 days. Page 20.44 -23 Specific Plan District #7 Santa Ana Heights 20.44.025 Land Use Regulations A. Land Use Designations. The following land use designations are established for the Santa Ana Heights Specific Plan area: I . Open Space and Recreational District: SP -7 (OS/R). 2. Residential Equestrian District: SP -7 (REQ). 3. Residential Kennel District: SP -7 (Ra, 4. Residential Single Family District: SP -7 (RSF). 5. Residential Multiple Family District: SP -7 (RMF_i 6. Horticultural Nursery District SP -7 (HNl 7. General Commercial District: SP -7 (GC). 8. Business Park District: SP -7 (BP). 9. Professional and Administrative Office District: SP -7 (PA). 10. Professional, Administrative, and Commercial Consolidation District: SP -7 (PACC). 11. Planned Development Combining District (PD). 12. Commercial Stable Overlay District: (S). 13. Commercial Nursery Overlay District: (N). Land use and development standards for Santa Ana Heights shall be in accordance with Exhibit 20.44 -1, "Land Use Map — Specific Plan District #7 ", and the provisions of this Section. B. Special Svmbols. The following special symbols are hereby established for the Santa Ana Heights Specific Plan Land Use Map (Exhibit 20.44 -1) Minimum Area Per Dwelling Unit. Consistent with Section 20.00.055, a number following the district symbol and enclosed by parentheses shall designate the minimum number of square feet of land area required for each dwelling unit. Example: SP -7 (REQ) (12,750) = minimum 12,750 sq.ft. per dwelling unit. Minimum Building Site. A number following the district symbol preceded by a hyphen shall designate the minimum building site required in acres. Example: SP -7 (REQ) -2 = minimum building site of 2 acres. . F t" !.- ? -M WRI MWITMI In? . ! 1 k..m -1/ _1 III a 1 .1.'. C. Definitions. Except as otherwise specified below, the meaning and construction of words, p hrases, t itles and t erms it sed i n t his s pecific p Ian s hall b e t he sa me a s provided in Section 20.03.030: Page 20.44 -24 Specific Plan District #7 Santa Ana Heights 1. Commercial Kennel: Any property where four or more dogs, or four or more cats, over the age of four months, are kept or maintained for the purpose of financial gain, except veterinary clinics and hospitals. 2. Outdoor Living Area: Outdoor living area is a term used to define spaces that are associated with residential land uses typically used for passive recreational activities or other noise - sensitive uses. Such spaces include patio areas, barbecue areas, jacuzzi areas, etc., associated with residential uses. Outdoor areas usually not included in this definition are: front yard areas, driveways, maintenance areas and storage areas associated with residential land uses. D. Noise Mitieation. All new or entirely reconstructed structures with habitable rooms (e.g., dwelling units, hotels, motels, convalescent homes and hospitals) shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the structure, so as not to exceed a standard of 45 dB CNEL in all habitable rooms. In conjunction with this construction, all associated outdoor living areas shall be sound attenuated, if necessary, against present and projected highway noise so as not to exceed a standard of 65 dB CNEL. Prior to the issuance of any building permits for such development, an Acoustical Analysis Report describing the sound attenuation measures required to satisfy the noise standards shall be prepared by a City- approved acoustical consultant and submitted to the Building Director for approval. The report shall include satisfactory evidence indicating that the sound attenuation measures have been incorporated into the design of the project. 2. All nonresidential strictures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources as necessary to meet the interior noise criteria of the General Plan Noise Element. Prior to the issuance of any building permits, evidence prepared by a City- approved acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Building Director in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. 3. Prior to the issuance of a building permit for a structure that penetrates the 100:1 Notice Surface pursuant to FAR Part 77.13, the project Page 20.44 -25 Specific Plan District #7 Santa Ana Heights applicant shall submit a "Notice of Proposed Construction" to the Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA. Upon completion of the FAA Aeronautical Study, the project applicant shall submit evidence to the Building Director that restrictions and conditions, if any, imposed on the project b y the F AA have been incorporated into the design of the project. • . ___ _. • ._ _ . _ '1 1.....'1" •.�'l..A_) 1111' :11 11 11 11 )l 11 1/ mW 1 ter. qq to) 1 /" 1111 "1 20.44.030 Open Space and Recreation District: SP -7 (OSR). A. Purpose a nd Intent. T lie S P -7 ( OSR) D istrict i s e stablished t o e nsure t he l ong- term use and viability of the Newport Beach Golf Course. B. Principal Uses Permitted. L The following principal use is permitted: a. Local and buffer greenbelts. 2. The following principal use is permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Public /private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Golf courses. b. Outdoor commercial recreation. Page 20.44 -26 Specific Plan Distract #7 Santa Ana Heights C. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, per Section 20.60.020, to include: Detached buildings. 2. Fences and walls. 3. Signs per Chapter 20.67, except no business signs. No sign shall exceed six square feet in area unless otherwise provided for by an approved modification permit or use permit. 4. Restrooms. 5. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. D. Prohibited Uses. The following uses are specifically prohibited: I. All uses not listed in this Section as permitted. E. Site Development Standards. Building site area. One acre minimum. 2. Building height. 18 feet maximum unless otherwise provided for by an approved use permit. 3. Building setbacks. 20 feet minimum from all property lines. 4. Off - street parking. Per Chapter 20.66. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. 20.44.035 Residential Equestrian District: SP -7 (REQ). A. Purpose and Intent. The REQ District is established to provide for the development and maintenance of a single family residential neighborhood in conjunction with limited equestrian uses. A rural character with an equestrian theme shall predominate. Page 20.44 -27 Specific Plan District #7 Santa Ana Heights B. Principal Uses Permitted. 1. The following principal uses are permitted: a. Single family detached dwellings or single family mobile homes (one per building site). b. Community care facilities serving 12 or fewer persons and large family day care homes. C. Parks, playgrounds, and athletic fields (noncommercial). d. Riding and hiking trails. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Communication transmitting, reception, or relay facilities. b. Public /private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Fire and police stations. b. Churches, temples, and other places of worship. C. Educational institutions. d. Libraries. C. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval per Section 20.60.015: 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, to include: Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. Page 20.44 -28 Specific Plan District ##7 Santa Ana Heights 5. Signs per Chapter 20.67. No sign shall exceed six square feet in area unless otherwise provided for by an approved modification permit or use permit. 6. Home occupations per Section 20.60.100. 7. The keeping of the following animals for the recreational enjoyment of persons residing on the same building site, subject to the noted restrictions: a. Any animal if kept exclusively within the residence. b. Horses and ponies, limited to the following (offspring exempt tip to the age of eight months): Size of Building Site s .ft.) Maximum Number Permitted Less than 10,000 1 10, 000 to 15, 000 2 Greaterthan 15,000 3 to 6 with use permit 'Use permits shall be processed in accordance with Paragraph G of this Section. C. Goats, sheep, pigs and cows only on building sites greater than 15,000 square feet in size and limited to: a) no more than two adult animals of any one species per building site and b) no more than a total of six adult animals, including horses and ponies, per building site. Offspring are exempt until such time as they are weaned. d. Rabbits, chickens and ducks, limited to no more than a total of six of such animals per building site. e. Up to three dogs and three cats. Offspring are exempt up to the age of four months. The keeping of four or more dogs or four or more cats over the age of four months is also permitted subject to obtaining an animal permit per County health regulations. f. Minimum setbacks for the keeping of animals shall be as follows: Page 20.44 -29 Specific Plan District #7 Santa Ana Heights 8. Granny unit,. attached or detached, in conformance with Chapter 20.85, subject to approval of a use permit by the.Ptanning Director. 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose except in the Commercial Stable (S) District, where applicable. 4. Commercial kennels. 5. Apiaries. 6. Aviaries. F. Site Development Standards. Building Site Area. 19,800 square feet minimum. (Minimum site area does not apply to parcels in existence prior to October, 1986). 2. Building Height. 35 feet maximum. Roof - mounted mechanical equipment shall not be visible from any existing dwelling unit located 300 feet or less from the subject building site. 3. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. C. Rear setback: 25 feet minimum. 4. Off - Street Parking. Per Chapter 20.66. From Ultimate From Property From Property Street Right -of- Line Abutting Line Abutting Way Line RSF or BP REQ District Districts Front Side Front Side Front Side All structures housing animals (e.g. corrals, pens, 50 20 25 25 5" 5" stalls, cages, doghouses) 25 10 0 0 0 0 Exercise areas 'Required for covered portions of structures only 8. Granny unit,. attached or detached, in conformance with Chapter 20.85, subject to approval of a use permit by the.Ptanning Director. 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose except in the Commercial Stable (S) District, where applicable. 4. Commercial kennels. 5. Apiaries. 6. Aviaries. F. Site Development Standards. Building Site Area. 19,800 square feet minimum. (Minimum site area does not apply to parcels in existence prior to October, 1986). 2. Building Height. 35 feet maximum. Roof - mounted mechanical equipment shall not be visible from any existing dwelling unit located 300 feet or less from the subject building site. 3. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. C. Rear setback: 25 feet minimum. 4. Off - Street Parking. Per Chapter 20.66. Page 20.44 -30 Specific Plan District #7 Santa Ana Heights 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. G. Use Permit Procedures. 1. Purpose and Intent. Within the REQ District, most lots are relatively small (less than one -half acre), narrow (66 feet wide), and surrounded by existing tract housing, existing retail commercial uses and proposed business park development. Due to the unique size and configuration of these lots and their close proximity to more urbanized uses, it is necessary to require a use permit for the noncommercial keeping of horses and ponies for the purpose of ensuring compatibility with surrounding land uses. It is the intent of the City to provide for annual inspections of such equestrian facilities by all pertinent authorities, including Vector Control, Animal Control, Environmental Health, Regulation Enforcement, and others as necessary to ensure that the regulations set forth below are properly implemented. 2. Use Permit Required. Property owners or tenants keeping more than 2 horses and/or ponies over the age of 8 months on a single building site within the REQ District shall obtain an annual use permit approved by the Planning Director per Chapter 20.91. After l year from the effective date of these regulations, any property owner or tenant introducing or adding horses and /or ponies onto properties within the REQ District shall, within I month, obtain a Recreational Horse Permit if the total number of such animals o ver t he a ge o f e ight in onths e xceeds 2. T he P lanning D irector shall issue a permit for the keeping of such animals upon receipt of the fee established by the City Council, if any, provided, in the Director's opinion, l) such animals are being kept or maintained without endangering the safety and comfort of the inhabitants of the neighborhood, and 2) the property owner or tenant has complied with the regulations of the REQ District. Failure to comply with these regulations or any conditions imposed by the Planning Director shall constitute cause for denial or revocation of such permit. Any person whose application for a use permit is denied or revoked under the tetras of these Specific Plan regulations may appeal the decision of the Planning Director to the Planning Commission in accordance with the procedures set forth in Chapter 20.95. use permits shall be non - transferable and must be renewed annually. 3. Permit Regulations. The following regulations shall apply: a. The property owner or tenant shall initiate and maintain a program of proper manure management. The property owner or tenant shall Page 20.44 -31 Specific Plan District #7 Santa Ana Heights provide for the daily collection of manure from in and around corrals and exercise areas. Manure shall be stored in covered containers. In no case shall manure be permitted to remain in any container for a period exceeding seven days. b. A program of continuous dust control of the entire premises shall be carried out. A method for light watering of arenas and exercise areas shall be maintained. In lieu of watering, chemical control of dust may be permitted. C. There shall be adequate and effective control of insects and rodents and such control shall be vigorously maintained at all times. All dry grains and pellets shall be stored in rodent -proof containers (i.e., well sealed and preferably metal containers). Hay shall be stored on a raised platform with a minimum six -inch clearance above the surrounding area. d. Combustible materials and /or solutions shall be maintained a minimum of 25 feet from all residential structures and structures housing animals. e. The property owner or tenant shall allow no animal to constitute or cause a hazard or be a menace to the health, safety, or peace of the community. The property owner or tenant shall keep all animals in such manner as may be prescribed to protect the animals from the public and the public from the animals. f. The property owner or tenant shall make every reasonable effort to recapture every animal that escapes. Escapes of animals wherein the recapture of the animal can not be immediately accomplished shall be reported to City Animal Control. H. Dumpster Regulations. Dumpsters shall not be placed within the front setback area of a building site for a single family residence built after January 1, 2000 or any residence being remodeled and/or repaired at a cost of more than 25% of the value of the existing residence. Dumpsters shall be effectively screened from view from the street right -of -way with appropriate screening material, i.e., block wall or wood fencing at a minimum height to completely screen the container. Page 20.44 -32 Specific Plan District #7 Santa Ana Heights 20,44:037 Residential Kennel District~ SN7 A. Purpose and Intent. The RK District is established to provide for the development and in aintenance o f a n eighborhood w hich i ncludes s ingle family r esidences i n conjunction with commercial kennel businesses. B. Principal Uses Permitted. The following principal uses are permitted: a. Single family detached dwellings or single family mobile homes (one per building site). b. Community care facilities serving six or fewer persons and large family day care homes. C. Parks, playgrounds, and athletic fields (noncommercial). d. Riding and hiking trails. 2. The following principal uses are permitted subject to the approval of a use permit by the Planting Director per Chapter 20.91: a. Communication transmitting, reception, or relay facilities. b. Public /private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Commercial kennels when in conjunction with a single family residence on the same building site, subject to obtaining a kennel license pursuant to Chapter 7.04 of the Municipal Code. b. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval per Section 20.60.015: I Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, to include: Garages and carports. 2. Swimming pools. Page 20.44 -33 Specific Plan District #7 Santa Ana Heights 3. Fences and walls. 4. Patio covers. 5. Signs per Chapter 20.67. No sign shall exceed six square feet in area unless otherwise provided for by an approved modification permit or use permit. 6. Home occupations per Section 20.60.100. 7. The keeping of the following animals for the recreational enjoyment of persons residing on the same building site, subject to the noted restrictions: a. Any animal if kept exclusively within the residence. b. Up to three dogs and three cats. Offspring are exempt up to the age of four months. The keeping of four or more dogs or four or more cats over the age of four months is also permitted subject to obtaining an animal permit per County health regulations. All accessory structures housing animals shall be 1 ocated in compliance with Section 20.60.020. 8. Granny unit, attached . or detached, in: conformance. with Chapter 20.85, subject to approval of ause permit.-by the Planning.Director. 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. Apiaries. 4. The keeping of animals, except dogs and cats, other than in the residence. F. Site Development Standards. 1. Building Site Area. 8,000 square feet minimum. 2. Building Height. 35 feet maximum. Page 20.44 -34 Specific Plan District #7 Santa Ana Heights 3. Building Setbacks, except for commercial kennels. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. C. Rear setback: 25 feet minimum. 4. Kennel Facilities. Commercial kennel facilities shall be located in compliance with the following: a. Location of Attached Accessory Structures. Accessory structures which are attached to a main building shall comply with the setback requirements for a main building. b. Location of Detached Accessory Structures. For the purposes of this Section, detached accessory structures are those which are separated from a main building by a minimum open clear space of 30 inches. Detached accessory structures shall be permitted anywhere on the building site except within the following areas: (1) Within the ultimate right -of -way. (2) Within the area designated on an approved building line plan as a setback area applicable to accessory buildings. (3) Within those areas where fences and walls are limited to a maximum height of 3% feet per the Municipal Code. (4) Within the front 50 feet o r front one -half of any building s ite, whichever is less. (5) Within the panhandle portion of a panhandle building site. 5. Off - Street Parking. Per Chapter 20.66 6. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. G. Special Regulations. 1. Building Site Area. An amendment to a valid use permit or certificate of use and occupancy for a commercial kennel may be approved administratively by the Planning Director, and shall not require an Acoustical Analysis Report per Paragraph G -2 of this Section if all of the following conditions apply: a. The proposed change does not increase the overall size of the facility by more than 10% from that shown on the current plot plan; Page 20.44 -35 Specific Plan District #7 Santa Ana Heights b. The proposed change does not increase the number of dog runs from that shown on the current plot plan; The proposed change does not intensify any accessory uses (e.g., grooming parlor, sale of pet supplies, training classes) allowed by the current permit and does not provide for any additional accessory uses; d. The proposed change is consistent with the setback standards for kennel facilities as set out in Paragraph F of this Section; and e. The proposed change satisfies the required findings for use permits in Section 20.91.035. 2. For all new commercial kennels or for structural modifications to existing kennel facilities requiring a use permit, an Acoustical Analysis Report and appropriate plans shall be submitted describing the noise generating potential of the proposed project and proposed attenuation measures to assure compliance with Municipal Code Chapter 10.26 (Community Noise Control). The report shall be prepared by a City- approved acoustical consultant and submitted to the Building Director for review and approval. The approved attenuation features shall be incorporated into the plans and specifications of the project 20.44.040 Residential Single Family District: SP -7 (RSF). A. Purpose and Intent. The RSF District is established to provide for the development and maintenance of medium density single family detached residential neighborhoods. Only those uses are permitted that are complementary to and can exist in harmony with such a residential neighborhood. B. Principal Uses Permitted. The following principal uses are permitted a. Single family detached dwellings or single family mobile homes (one per building site). b. Community care facilities serving six or fewer persons and large family day care homes. C. Parks, playgrounds, and athletic fields (noncommercial). d. Riding and hiking trails. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: Page 20.44 -36 Specific Plan District #7 Santa Ana Heights a. Communication transmitting, reception, or relay facilities. b. Public /private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91 a. Fire and police stations. b. Churches, temples, and other places of worship. C. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval per Section 20.60.015: 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, per Section 20.60.020, to include: Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. 5. Signs per Chapter 20.67. No sign shall exceed six square feet in area unless otherwise provided for by an approved modification permit or use perm it. 6. Home occupations per Section 20.60.100. 7. The noncommercial keeping of pets and animals as follows: a. The noncommercial keeping of pets and animals weighing less than 300 pounds and not prohibited per Paragraph E. of this Section (Prohibited Uses), subject to the following standards: pens, cages, and other structures specifically for the keeping of animals other than in the residence, shall be located at least 25 feet from any residential window located on an adjoining building site. Exceptions Page 20.44 -37 Specific Plan District #7 Santa Ana Heights to the above may be provided for by a use permit approved by the Planning Director. b. The noncommercial keeping of horses on land immediately adjacent to the Recreation Equestrian District (REQ), provided that no horse shall be permitted on a building site containing less than 10,000 square feet of land area, and pens, cages, and other structures specifically for the keeping of horse shall be located at least 50 feet from and residential window located on an adjoining building site. One or two adult horses are permitted on a building site containing between 10,000 and 15,000 square feet of land area. One additional adult horse may be kept for each additional 10,000 square feet, with a maximum of six horses on any one building site. The offspring of such animals shall be considered adults when eight months old. Exceptions to the above may be provided for via a use permit approved by the Planning Director. C. Any nonconforming use of any property within this district for the maintenance of pets and animals other than those enumerated in this section shall be terminated within one year of the enactment of this section. In any case in which a building in excess of 600 square feet has been erected pursuant to a validly- issued permit for the maintenance of pets and animals, the amortization period of continuation of such use shall be extended for four additional years. 8. Granny unit, attached or detached, in conformance with Chapter 20.85, &object to approval of a use. permit by the Plantnng Director. 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose unless provided for by an approved use permit. 4. Apiaries. F. Site Development Standards. L Building Site Area. 7,200 square feet minimum, except as otherwise identified on the Land Use District Map. Page 20.44 -38 Specific Plan District #7 Santa Ana Heights 2. Building Height. 35 feet maximum. Roof - mounted mechanical equipment shall not be visible from any existing dwelling unit located 300 feet or less from the subject building site. 3. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. c. Rear setback: 25 feet minimum. 4. Off - Street Parking,. Per Chapter 20.66. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. 1 A. Purpose and Intent. The RMF District is established to provide for the development and maintenance of high- density multi - family residential neighborhoods with a moderate amount of open space. Only those uses are permitted that are complementary to and compatible with such a residential neighborhood. B. Principal Uses Permitted. The following principal uses are permitted: a. Multi - family projects of 4 or less dwelling units. b. Single family detached dwellings or single family mobile homes (one per building site). C. Community care facilities serving six or fewer persons and large family day care homes. d. Parks, playgrounds, and athletic fields (noncommercial). e. Riding and hiking trails. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Multi - family projects of 5 or more dwelling units. b. Communication transmitting, reception, or relay facilities. C. Public /private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Fire and police stations. Page 20.44 -39 Specific Plan District #7 Santa Ana Heights b. Churches, temples, and other places of worship. C. Mobilehome parks and subdivisions. d. Residential condominium, stock cooperative and community apartment projects per Chapter 20.83 (Residential Condominium Projects) and Title 19 (Subdivision Code). e. Any other use which the Planning Commission fords consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval per Section 20.60.015: 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, per Section 20.60.020, to include: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Signs per Chapter 20.67. No sign shall exceed six square feet in area unless otherwise provided for by an approved modification permit or use permit. 5. Home occupations per Section 20.60.100. 6. The noncommercial keeping of pets and animals. 7. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose unless provided for by an approved use permit. Page 20.44 -40 Specific Plan District #7 Santa Ana Heights F. Site Development Standards. Building Site Area. 7,200 square feet minimum. 2. Building Height. 35 feet maximum. 3. Area per unit. 3,000 square feet minimum net land area per dwelling unit except as otherwise identified on the Land Use District Map. 4. Distance Between Principal Structures. 15 feet minimum. 5. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. c. Rear setback: 25 feet minimum. 6. Off - Street Parking. Per Chapter 20.66. 7. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. 1 I a i 9=117M. ► r 1 1.1► . A. Purpose and Intent. The HN District is established to ensure the long -term use and viability of the horticultural nursery uses located along Orchard Drive in the western section of Santa Ana Heights. B. Principal Uses Permitted. The following principal use is permitted: a. Wholesale plant nurseries. 2. The following principal use is permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Public /private utility buildings and structures. C. Temporary Uses Permitted. Temporary uses are permitted subject to approval per Section 20.60.015. Page 20.44 -41 Specific Plan District #7 Santa Ana Heights D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, per Section 20.60.020, to include: 1. Detached buildings. 2. Fences and walls. 3. Signs. Signs are permitted subject to the provisions of Chapter 20.67, except t hat n o s ign s hall e xceed 2 5 s quare f eet in a rea o r b e l ighted o r illuminated. 4. Any other accessory uses or structures which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. Retail nurseries. 3. The commercial stockpiling or processing of manure. F. Site Development Standards. 1. Building Site Area. 28,000 square feet minimum. 2. Building Site Width. 70 feet minimum 3. Building Height. 35 feet maximum. 4. Building_ Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. c. Rear setback: 25 feet minimum. 5. Off - Street Parking. Per Chapter 20.66. 6. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. Page 20.44 -42 Specific Plan District ##7 Santa Ana Heights 20.44.045 General Commercial District: SP -7 (GC) A. Purpose and intent. The GC District is established to provide regulations for the commercial areas along South Bristol street and to ensure the continuation of commercial uses which offer a wide range of goods and services to both the surrounding residential and business community. It is intended to promote the upgraded aesthetic image of the community and reduce conflicts between commercial and residential uses. B. Principal Uses Permitted. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Retail businesses. b. Service businesses. C. Professional and administrative offices. d. Civic and governmental uses. C. Financial institutions. f Print shops. g. Animal clinics and hospitals. h. Automobile parking lots and structures per Chapter 20.66. i. Automobile repair specialty shops. j. Automobile dealerships. k. Churches, temples, and other places of worship. 1. Commercial recreation. m. Communication transmitting, reception or relay facilities. n. Day nurseries. o. Hotels and motels. p. Public /private utility buildings and structures. q. Restaurants. r. Wholesale business offices with samples on the premises but not to include general storage. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Automobile washing. b. Mini - storage facilities. C. Retail sale of building materials. d. Automobile service stations per Chapter 20.80. e. Convalescent homes. f. Commercial kennels subject to issuance of a kennel license in accordance with Section 7.04.090 of the Municipal Code. g. Helistops. Page 20.4443 Specific Plan District #7 Santa Ana Heights h. Hospitals. i. Milk processing and distribution in connection with retail dairy outlets. j. Mortuaries. k. Sanitariums, mental and health. 1. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. Temporary uses are permitted subject to approval per Section 20.60.015. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, per Section 20.60.020, to include: 1. Detached buildings. 2. Fences and walls. 3. Signs. The following signs shall be permitted, subject to the restrictions specified and the provisions of Chapter 20.67: a. Wall Signs — Business or identification wall signs shall not exceed 1 square foot of sign area for each linear foot of frontage of the building, or portion thereof, involved. The total aggregate sign area for such signs shall not exceed 150 square feet for each business. If the building frontage of any business is less than 25 square feet, only one sign, with a maximum area of 25 feet, shall be permitted for each business. b. Monument /Ground Signs — One business or identification sign, including the foundation, not exceeding 50 square feet in area or four feet in height may be permitted on each additional street frontage that is in excess of 99 feet in length. C. Larger Monument/Ground Signs — A business or identification sign, including the foundation, measuring more than 50 square feet in area and/or exceeding 4 feet in height may be permitted subject to a use permit approved by the Planning Commission per Chapter 20.91. Applications for signs shall be accompanied by scale drawings indicating the size, sign copy, color, method and intensity of illumination, height, sign area, and location of all signs on the building site. Page 20.44 -44 Specific Plan District #7 Santa Ana Heights d. Temporary Pole Signs — Temporary non - illuminated construction signs, real estate signs, and travel direction signs are permitted. However, no such sign shall be more than 16 feet in height or the following square feet in area: • Construction Project Signs: 32 square feet maximum. • Real Estate Signs: For residential building sites with four or less units, six square feet. For residential building sites with five or more units, 32 square feet. For non - residential, 32 square feet. • Off -Site Travel Directional Signs: Subject to approval of a sign exception permit by the Planning Commission per Section 20.67.045. Sign location(s), number, and area shall be as specified in the exception permit. (For purposes of this Specific Plan, "travel direction sign" shall mean a sign to inform the motorist as to the route or direction of travel in order to arrive at the residential development p reject for s ale o r rent to which it pertains.) C. Permanent Pole Signs — Business and identification pole signs may be permitted subject to a use permit approved by the Planning Commission per Chapter 20.91. Applications for such pole signs shall be accompanied by scale drawings indicating the size, sign copy, color, method and intensity of illumination, height, sign area, and location of all signs on the building site. F. Sign Program — Multiple building sites that share a common access may develop a sign program subject to approval of a sign exception permit by the Planning Commission per Section 20.67.045. Applications for such sign programs shall be accompanied by scale drawings indicating the size, sign copy, color, method and intensity of illumination, height, sign area, and location of all signs on the building site. g. Other Signs — Except for signs specifically prohibited below, any sign may be permitted subject to a use permit approved by the Planning Commission per Chapter 20.91. h. Prohibited Signs — The following signs are specifically prohibited: • Outdoor advertising signs or billboards. • Roof and projecting signs. • Banner signs. • Electronic message board signs. Page 20.4445 Specific Plan District #7 Santa Ana Heights • Portable signs. • Electronic flashing/blinking signs. • Rotating signs. 4. Any other accessory uses or structures which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: I . All uses not listed in this Section as permitted. 2. Automobile repair, tire retreading, fender and body repair and paint shops. 3. Automobile wrecking, junk and salvage yards. 4. Bottling plants. 5. Rental and sales agencies for agricultural, industrial and reconstruction equipment. 6. Warehouses, contractors' storage and equipment yards, work and fabricating areas. 7. Welding shops. 8. Drive- through facility or restaurant abutting the REQ District, unless approved prior to September 20, 1996. F. Site Development Standards. Floor Area Ratio (FAR). Per Chapter 20.63. 2. Building Site Area. No minimum required. 3. Building Height. 35 feet maximum. 4. Building, Setbacks. a. Front Setback: No minimum required. b. Side Setback: No minimum required, except where a side property line abuts a residential district, in which case a minimum setback of 10 feet is required. C. Rear Setback: No minimum required, except where a rear property line abuts a residential district, in which case a minimum setback of 10 feet is required. A minimum setback of 5 feet is required adjacent to an alley. 5. Vehicular Access Regulations. Street openings shall be a minimum of 22 feet apart and 22 feet from any existing street openings, measured at the Page 20.44 -46 Specific Plan District #7 Santa Ana Heights ultimate street right -of -way line; however, every building site shall be permitted to have at least one street opening. 6. Off - Street Parking. Per Chapter 20.66. 7. Lighting. All lighting, exterior and interior, shall be designed and located so that direct rays are confined to the premises. 8. Loadin . All loading operations shall be performed on the site, and loading areas shall be screened by a landscape or architectural feature. 9. Trash and Storage Area. All storage of cartons, containers and trash shall be enclosed by a building or by a wall not less than 6 feet in height. If unroofed, no such area shall be located within 40 feet of any residential district. 10. Enclosed Uses. All commercial uses and their related products shall be contained entirely within a completely enclosed structure, except for parking and loading areas, and except for outdoor uses expressly permitted by an approved modification permit or use permit. 11. Screening. a. An opaque screen shall be installed and maintained along all district boundaries where the premises abut areas zoned for residential or agricultural uses. A screen shall consist of one or any combination of the following types: (1) Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of 4 inches thick. (2) Berens. A berm shall be not more than 20 feet in width at the base. It shall be constructed of earthen materials and it shall be landscaped. (3) Fences, Solid. A solid fence shall be constructed of wood or other materials and shall form an opaque screen. (4) Fences, Open. An open weave or mesh type fence shall be combined with plant materials to form an opaque screen. (5) Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, so as to provide screening, having a minimum Page 20.44 -47 Specific Plan District #7 Santa Ana Heights width of 2 feet within 18 months after initial installation. Permanent watering facilities shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Planning Director shall require that either walls, berms, or a solid fence be installed. b. Screen heights shall not be less than 6 feet in height except where a shorter height is required per applicable provisions of this Code. C. No signs or sign supports except those specified in the off - street parking regulations shall be permitted on any required screening. 12. Buffer Area. A minimum 6 -foot high slump block wall shall be constructed along property lines abutting the REQ District, except within the front setback area, where the height shall be no greater than 3% feet. Landscaping adjacent to this wall shall be in conformance with the provisions of Section 20.44.020 (Design Guidelines) and Exhibit 20.44 -7. 20.44.050 Business Park District: SP -7 (BP) A. Purpose and Intent. The BP District is established to provide for the development and maintenance of professional and administrative offices, commercial uses, specific uses related to product development, and limited light industrial uses. Attention shall be given to the protection of the adjacent residential uses through regulation of building mass and height, landscape buffers, and architectural design features. B. Principal Uses Permitted. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Professional and administrative offices. b. Financial institutions. C. Civic and government uses. d. Office- serving commercial uses, including restaurants, located within a building primarily devoted to office uses. e. Communication transmitting, reception or relay facilities. f. Public /private utility buildings and structures. g. Blueprinting, reproduction and copying services. h. Message, mail and delivery services. i. Medical and dental offices. j. Retail businesses. Page 20.44 -48 Specific Plan District #7 Santa Ana Heights k. Service businesses. 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per. per Chapter 20.91: a. Restaurants subject to the following: (1) not permitted adjacent to REQ lots. (2) no live entertainment. (3) no dancing. b. Automobile rental agencies not permitted adjacent to REQ lots. C. Commercial recreation. d. Assembly of components or finished products. C. Research, testing and development laboratories. f Any other uses which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. 1. Temporary uses per Section 20.60.015. 2. The following additional temporary uses are permitted subject to approval of a use permit by the Planning Director per Chapter 20.91: a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary structures directly associated with these uses, in compliance with the site development standards identified below. A cash bond in the amount of $500 for each temporary structure shall be posted with the Planning Director to guarantee the removal of each temporary structure upon the expiration of the use permit. b. Commercial coaches serving as temporary office space. A cash bond in the amount of $500 for each commercial coach unit shall be posted with the Planning Director to guarantee the removal of each commercial coach unit upon expiration of the use permit. C. Conforming uses shall be permitted in non - conforming structures subject to the approval of a use permit by the Planning Director. Such building site shall conform with the parking requirements and site development standards contained in Chapter 20.66 and the site development standards contained in this Section. d. Any other uses which the Planning Director finds consistent with the Purpose and Intent of this District. Page 20.44 -49 Specific Plan District #7 Santa Ana Heights 3. Removal of Temporary Uses. The temporary use and accessory equipment, materials and structures permitted per Paragraph C -2, preceding, shall be removed and the premises cleared of all debris within 14 days of the expiration of the applicable use permit. 4. Prohibited Temporary Uses. a. All uses not specifically permitted per this Section. b. Storage of hazardous materials. C. Underground storage tanks. d. Trucks and trailers exceeding three tons in gross weight. C. Vehicle repair (as a primary use), automobile junk and salvage yards. f. Any use which the Planning Director finds would result in conditions or circumstances contrary to public health, safety and general welfare. 5. Time Limits. Use permits for temporary uses permitted per Paragraph C -2, preceding, shall be approved for a maximum of 5 years from the date of final determination. At the end of that time period, the permit shall be reviewed and may be extended from l to 5 years at the discretion of the Planning Director. 6. Site Development Standards for Temporary Uses. a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at 6 feet in height along the side property line and at 8 feet in height maximum along the rear property line, measured from the highest adjacent finished grade of the subject site. For properties lines adjacent to the REQ District, an 8 -foot high wall shall be required. In addition, a front wall o r fence in ay be required at the discretion of the Planning Director. Fence or wall materials and height shall be subject to approval at the discretion of the Planning Director. However, open chain link or chain link with wooden or plastic slats shall be prohibited. b. Setbacks. Setbacks for any temporary building, wall, fence or storage area shall be 10 feet from any property line abutting a public street. Page 20.44 -50 Specific Plan District #7 Santa Ana Heights C. Landscaping. A landscape plan shall be required within the 10 -foot setback area adjacent to any public street. Landscaping in these areas shall be used to screen temporary buildings, fences, walls or storage areas, which may be visible from a public street. This landscaping shall be consistent with the Design Guidelines of Section 20.44.020. d. Lighting. All lighting shall be designed and located so as to confine direct rays to the premises. e. Utility Poles and Overhead Wires. All public utility wires and lines shall be undergrounded within the 10 -foot setback area adjacent to any public street where undergrounding of utilities exists. Connections to existing utility poles will be allowed temporarily until such time as undergrounding of utilities within the street is implemented. f All - Weather Surface. An all - weather surface (e.g., asphalt, concrete or other approved material) at least four inches thick shall be provided for all storage areas including storage areas for equipment, materials, and vehicles. g. Height Limit. The height of vehicles, equipment or materials stored on the subject property shall not exceed 10 feet and structures and commercial coaches shall not exceed 16 feet. In all cases, the height of vehicles, equipment, materials, structures and commercial coaches shall not exceed 6 feet if within 10 feet of the perimeter wall or fence. h. Hours of Operation. Commercial operations shall occur only between the hours of 7 a.m. and 10 p.m., to ensure compatibility with surrounding land uses. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site, per Section 20.60.020, to include: 1. Automobile parking structures, in compliance with the site development standards in Paragraph F of this Section. 2. Other detached buildings. 3. Fences and walls. 4. Signs per Paragraph F of this Section. 5. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. Page 20.44 -51 Specific Plan District #7 Santa Ana Heights E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. 2. Outdoor storage of any equipment, materials, apparatus or vehicles greater than l ton unless allowed by a use permit under Paragraph C of this Section (Temporary Uses Permitted. 3. Adult entertainment businesses and adult - oriented businesses. 4. Educational institutions. 5. Hospitals and nursing homes. 6. Residential uses. 7. Manufacturing uses, unless allowed by a use permit under Paragraph C of this Section (Temporary Uses Permitted. 8. Day nurseries. 9. Automobile wrecking, junk and salvage yards. 10. Vehicle engine /transmission rebuilding as a primary use. 11. Any use which the Planning Director finds would result in conditions or circumstances contrary to public health, safety and general welfare. F. Site Development Standards. 1. Floor Area Ratio (FAR): Per Chapter 20.63. 2. Building Site Area: 19,800 square feet minimum, except as modified by special symbol per Subsection 20.44.025 -B. 3. Building Site Coverage: 40 percent maximum. 4. Building Height: 15 feet maximum or sloping up to 18 feet maximum in the first 20 feet measured from the front property line, and then 30 feet maximum for structures located less than 75 feet from any property line abutting the REQ District and 37 feet for structures located 75 feet or more from any property line abutting the REQ District. Roof - mounted mechanical equipment shall comply with the following: a. Mechanical roof screens in ay exceed t he in aximum 37 foot height limit by 6 feet, provided that the roof screen is set back from the outside face of the main building parapet a minimum of 10 feet. b. Roof screen materials and detailing must be compatible with the main building architecture. C. Roof - mounted equipment shall not be visible from a point 5 feet above the centerline of the adjacent street(s) and from abutting lots in the REQ District, as calculated from a point 5 feet above existing Page 20.44 -52 Specific Plan District #7 Santa Ana Heights grade level at a distance of 300 feet or less from the subject building site. 5. Building Setbacks. a. Front setback: 10 feet minimum. b. Side setback: 0 feet minimum one side only and 10 feet minimum other side, except where the side property line abuts the REQ District, in which case the following shall apply: (l) For structures 30 feet or less in height (including roof - mounted mechanical equipment): 45 feet minimum, to include a 10 -foot wide landscape buffer adjacent to the property line. (2) For structures greater than 30 feet in height: 75 feet minimum, to include a 10 -foot wide landscape buffer adjacent to the property line. C. Rear setback: 0 feet minimum, except where the rear property line abuts the REQ District, in which case the following shall apply: (l) For structures 3 0 feet o r less in height: 4 5 feet minimum, to include a 10 -foot wide landscape buffer adjacent to the property line. (2) For structures greater than 30 feet in height: 75 feet minimum, to include a 10 -foot wide landscape buffer adjacent to the property line. 6. Off - Street Parking. Per Chapter 20.66, except only l level of parking is permitted below any floor with office/commercial space. 7. Trash, Storage and Ground- Mounted Mechanical Equipment. All storage of cartons, containers and trash, along with ground mounted mechanical equipment, shall be enclosed by a building or by a wall not less than 6 feet in height. No such structure shall be located within 10 feet of any property line abutting the REQ District. If unroofed, no such structure shall be located within 40 feet of any property line abutting the REQ District and no closer than 10 feet from any side property line abutting the BP District. (Refer to Section 20.44.020 for design guidelines.) 8. Enclosed Uses. All office and commercial uses and their related products shall be contained entirely within a completely enclosed structure except Page 20.44 -53 Specific Plan District #7 Santa Ana Heights for parking and loading areas and outdoor uses expressly permitted by an approved use permit. 9. Landscaping. A minimum landscaped area shall be provided as follows: a. Boundary landscaping with a minimum depth of 10 feet along all property lines abutting a public street, except for the area required for street openings. b. Boundary landscaping with a minimum depth of 3 feet along all property lines not abutting a public street, except property lines abutting the REQ District where a minimum depth of 10 feet is required. C. Landscaping shall be provided in conformance with the landscape guidelines of Section 20.44.020 (Design Guidelines). 10. Building Design. All development shall be in conformance with the guidelines of Section 20.44.020 (Design Guidelines) and the following: a. On properties abutting the REQ District, a direct line of sight to abutting properties within the REQ District from second story openings, windows, usable balconies, open stairways, stairway landings or other architectural features shall be prohibited. In addition, All windows above the first floor facing the REQ District shall have a minimum height of 6'/2 feet of permanent window treatment. This treatment may include integrally - obscured glass, permanently positioned window louvers or other equally effective treatment as approved by the Planning Commission. Applied films to windows is prohibited. b. Usable balconies, open stairways and landings or other architectural features shall be permitted on the sides and the front of the building, not facing the REQ District. C. All roof structures, such as air conditioning units, ventilation devices or other roof - mounted appurtenances, shall be screened from v iew from a point 5 feet above the centerline of any adjacent street and from the REQ District or abutting lots in the REQ District, as calculated from a point 5 feet above existing grade level from a distance of 300 feet or less from the subject building site. 11. Lighting. All lighting, exterior and interior, shall be designed and located so that direct light rays are confined to the premises. (Refer to Section 20.44.020 for design guidelines.) Page 20.44 -54 Specific Plan District #7 Santa Ana Heights 12. Buffer Area. A minimum 6 -foot high slump block wall shall be constructed along property lines abutting the REQ District, except within the front setback area, where the height shall be no greater than 3% feet. Landscaping adjacent to this wall shall be in conformance with the provisions of Section 20.44.020 and Exhibit 20.44 -7 (Design Guidelines). 13. Utility poles and Overhead Wires. All Public utility wires and lines shall be undergrounded within the 10 -foot setback area adjacent to any public street. 14. Signs. The following signs shall be permitted, subject to the restrictions specified and the provisions of Chapter 20.67: a. Ground Signs: l double -faced ground sign per building site within the required front setback area, containing only the address of the property. G round s igns shall n of e xceed 6 feet i n h eight i ncluding any earth berm, pedestal, base or similar structure upon which the sign may be mounted. Height to top of sign shall be measured from the top of curb for the adjacent public street. Each sign shall not exceed 6 square feet in area and shall be externally lighted. External lighting fixtures used to illuminate ground signs shall be concealed within plant materials or attached to and designed as an integral part of the sign. The sign and sign structure shall be designed and located so as not to create a sight distance safety problem for vehicle or pedestrian traffic. b. Wall Signs. (l) l identification sign placed on each wall facing a public street, relating only to the name and use of the building up to a maximum of 40 square feet, and comprising no more than 10 percent of the area of the wall, including windows and door area, upon which the sign is located. Such signs shall be non - illuminated. (2) Additionally, in multiple tenancy office buildings, each individual tenant may have a wall sign over their entrance to identify only the name of the business. Each sign shall not exceed 6 s quare f eet i n a rea. S uch s igns s hall n of b e l ocated above the roof facia, shall not have internal lighting, and shall be made of a material compatible with the materials of the building. Page 20.44 -55 Specific Plan District #7 Santa Ana Heights C. Building Directory Signs. 1 building directory at each main entrance to the building. Such directory shall have letters not exceeding 2 inches in height containing only the name of the tenants, the suite or office number, and the nature of the use or service rendered. d. Real Estate Signs. l unlighted sign not to exceed 12 square feet in area, pertaining only to the sale, lease or hire of the particular building, property or premises upon which displayed, and including no institutional advertising. C. Internal Signs. All signs located within structures are permitted, provided such signs are not visible from any point on the boundary of the building site. 15. Drainage Plan. A drainage plan shall be submitted and approved as part of the use permit for each development showing the method for control and disposal of all waters flowing into, across and from the building site and a statement setting forth the method by which facilities shall be maintained. 20.44.055 Professional and Administrative Office District: SP -7 (PA) A. Purpose and Intent. The PA District is established to provide for the development and maintenance of an optimal environment for moderate intensity professional and administrative office uses and related uses on sites with large landscaped open spaces and off - street parking facilities. This district is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts, and may be used to buffer residential areas. B. Principal Uses Permitted. 1. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Automobile parking lots per Chapter 20.66 b. Churches, temples, and other places of worship. C. Civic and government uses. d. Communication transmitting, reception, or relay facilities. C. Day care nurseries. f Educational institutions serving adults. g. Financial institutions. h. Libraries and museums. i. Professional and administrative offices. j. Public /private utility buildings and structures. Page 20.44 -56 Specific Plan District #7 Santa Ana Heights 2. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per. per Chapter 20.91: a. Any use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. Temporary uses, per Section 20.60.015, to include the following: 1. Commercial coaches. 2. Christmas tree sales. 3. Halloween pumpkin sales. D. Accessory Uses Permitted. The following accessory uses and structures are permitted when customarily associated with and subordinate to a permitted principal use on the same building site. Uses per Section 20.60.020, to include: a. Detached buildings. b. Fences and walls. 2. Signs per Chapter 20.67. 3. Accessory uses and structures which the Planning Director finds consistent with the purpose and intent of this district. E. Prohibited Uses. The following uses are specifically prohibited: 1. Adult entertainment businesses and adult - oriented businesses. 2. All uses not listed in this Section as permitted. F. Site Development Standards. Floor Area Ratio (FAR): Per Chapter 20.63. 2. Building Site Area: 10,000 square feet minimum, except as modified by special symbol, per Subsection 20.44.025 -B. 3. Building Site Width: 75 feet minimum. 4. Building Height. 35 feet maximum. 5. Building Site Coverage: 35 percent maximum. Page 20.44 -57 Specific Plan District #7 Santa Ana Heights 6. Building Setbacks. 10 feet minimum from any property line, ultimate street right -of -way, or alley, except 0 feet side setback from alleys. 7. Off - Street Parking. a. Parking shall be provided as required by Chapter 20.66. b. Parking on the front half of the lot shall have no direct access to the street and shall be under roof unless adequate screening of open parking can be provided by benning, fencing, or landscaping as shown on an approved site plan or use permit. 8. Lighting. All lighting shall be designed and located so as to confine direct rays to the premises. 9. Trash and Storage Areas. All storage of cartons, containers and trash shall be enclosed by a building or by a wall not less than 6 feet in height. In unroofed, no such area shall be located within 40 feet of any district zoned for residential or agricultural uses. 10. Enclosed Uses. All commercial and office uses and their related products shall be contained entirely within a completely enclosed structure except for parking and loading areas and outdoor uses expressly pennitted by an approved modification pen-nit or use pen-nit. 11. Screening. Screening shall be provided per the standards of Subsection 20.44.045 -F. 12. Landscaping. Landscaping, consisting of trees, shrubs, vines, groundcover, or any combination thereof shall be installed and maintained in accordance with the following standards: a. Boundary landscaping is required for a minimum depth equal to the required setback distance or 10 feet, whichever is less, along all property lines abutting streets, except for the area required for street openings. b. Landscaping along all streets and boundaries shall be in compliance with Section 20.60.030. C. All landscaped areas shall be separated from an adjacent parking or vehicular area by a wall or curb at least 6 inches higher than the adjacent parking or vehicular area. Page 20.44 -58 Specific Plan District #7 Santa Ana Heights d. Permanent watering facilities shall be provided for all landscaped areas. C. Required landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing and watering as needed, and replacement of plants when necessary. f For projects with landscaping of more than one cumulative acre, a landscape and irrigation system plan shall be submitted and approved p rior to the i ssuance o f building permits to comply with current water conservation practices. 13. Buffer Area. A minimum 6 -foot high slump block wall shall be constructed along property lines abutting the REQ District, except within the front setback area, where the height shall be no greater than 3% feet. Landscaping adjacent to this wall shall be in conformance with the provisions of Section 20.44.020 and Exhibit 20.44 -7 (Design Guidelines). 20.44.060 Professional, Administrative & Commercial Consolidation Dist.: SP -7 (PACC) A. Purpose and Intent. The PACC District is established to provide for the development and maintenance of professional and administrative office uses and commercial uses on lots located between South Bristol Street and Zenith Avenue in a manner which will ensure lot consolidation and vehicular access to and from South Bristol Street. B. Principal Uses Permitted. The following principal uses are permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. Single family detached dwelling units which lawfully existed at the time of initial adoption of these regulations by the County of Orange may be rebuilt in conformance with the zoning regulations in effect prior to the adoption of this specific plan. However, such reconstruction must comply with current building and related codes. 2. The following principal use is permitted subject to the approval of a use permit by the Planning Director per Chapter 20.91: a. All uses permitted within the PA "Professional and Administrative Office" District per Section 20.44.055. Page 20.44 -59 Specific Plan District #7 Santa Ana Heights 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: a. Retail businesses. b. Service businesses. C. Restaurants without drive- through facilities. d. Any other uses which the Planning Commission finds consistent with the purpose and intent of this district. C. Site Development Standards. Building Site Area: All lots within this district shall be consolidated into one building site to achieve a minimum area of 40,000 square feet. 2. Vehicular Access. Vehicular access shall be South Bristol Street. 3. Other Standards. All other site development standards shall be the same as those set forth in Section 20.44.055 for the PA "Professional and Administrative Office" District. 20.44.065 Planned Development Combining District: (PD) A. Origin of Regulations. The PD combining regulations set forth in this Section are adapted from the County of Orange Zoning Code in order to provide continuity of land use regulation for properties which were designated as "PD" under County jurisdiction prior to annexation to the City. Thus, the applicable PD regulations and map designations have been carried forward in this City Specific Plan via the following text and the Specific Plan #7 Land Use Map (Exhibit 20.44 -1). B. Purpose and Intent. The purpose of this district is to provide a method whereby land may be developed utilizing design features which take advantage of modern site planning techniques to produce an integrated development project providing an environment of stable, desirable character which will be in harmony with existing and potential development of the surrounding neighborhood. The regulations of this district are intended to produce planned development projects which meet standards of open space, light and air, and density of land uses which provide for better use of common areas, open space and off - street parking facilities and provide for safe and efficient vehicular and pedestrian circulation. These regulations are intended to be utilized only for integrated planned development projects and should not be utilized for the establishment of individual land uses or structures unless they would become an integral part of an existing planned development. Page 20.44 -60 Specific Plan District #7 Santa Ana Heights C. Application. In any district where the district symbol is followed by, as a part of such symbol, the letters "PD," planned development projects shall be permitted subject to the regulations of this section. The district symbol shall constitute the "base district" and the PD suffix shall constitute the "combining district" indicating the additional permitted uses subject to the development standards as provided in this section and the provisions of the use permit required for all planned development projects. Projects which are not planned developments and uses or structures which are not part of planned developments shall not be subject to these regulations. D. Principal Uses Permitted Subject to a Use Permit. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Chapter 20.91: 1. Uses permitted by the base district regulations. 2. Planned unit developments not otherwise permitted through base district regulations. 3. Any other use which the Planning Commission finds consistent with the purpose and intent of this District. E. Accessory Uses Permitted. Accessory uses and structures which are customarily associated with and subordinate to a permitted principal use within the same project net area, which are consistent with the design of the planned development project, and which are consistent with the purpose and intent of this district are permitted subject to a use permit approved by the Planning Director per Chapter 20.91. F. Prohibited Uses. Uses not permitted in this Section are specifically prohibited. G. Site Development Standards. The following site development standards are in addition to the site development standards o f the base district unless otherwise stated below. 1. Building Site Area. For planned developments, the project net area shall be used. The size, location, and configuration of individual lots shall be determined by the required use permit and the tract map for the project. 2. Building Site Coverage. For planned developments, there shall be no maximum building coverage for any individual site. However, the project net area shall not exceed the following building coverage: a. 40 percent for residential projects. b. 25 percent for office and commercial projects. C. 35 percent for industrial projects. Page 20.44 -61 Specific Plan District #7 Santa Ana Heights 3. Area Per Unit. For residential planned developments, there shall be no minimum land area per unit for any individual site. However, the project net area shall have an average land area per unit no less than the minimum area per unit required by the base district or per Subsection 20.44.025 -B. (Note: This is normally designated by a number following the district symbol "PD" and enclosed in parenthesis on the zoning district map.) 4. Number of Dwelling Units. The project net area divided by the minimum land area per dwelling unit will determine the maximum number of permitted dwelling units for the project. 5. Building Setbacks. For planned developments, building locations need not satisfy the base district setback regulations but shall be determined by the approved use permit. Building locations shall be dimensioned on the use permit plans including distances between buildings and distances fi-om streets and common driveways. 20.44.070 Commercial Stable Overlay District: (S) A. Principal Uses Permitted. Commercial stables, housing horses a nd ponies o nly, are permitted in areas designed with an "(S)" overlay designation, subject to approval of a use permit b y t he P lanning Commission p er C hapter 2 0.91. N o residential uses shall be permitted on the same building site as a commercial stable. B. Site Development Standards. Building Height: 20 feet maximum, except for structures used for the storage of hay. However, in no case shall any structure exceed 35 feet in height. 2. Building Setbacks. Minimum setbacks for all structures housing animals shall be as follows (all other structures shall be located in conformance with the standards of the underlying base district (e.g. "REQ Residential Equestrian ")): a. Front Setback.: 50 feet minimum. Exercise areas, such as arenas, shall be set back a minimum of 25 feet. b. Side Setbacks: Page 20.44 -62 Specific Plan District #7 Santa Ana Heights (l) Abutting all districts except BP District: 5 feet minimum. Exercise areas shall also be set back a minimum of 5 feet. (2) Abutting BP District: 25 feet minimum. Exercise areas shall be set back a minimum of 5 feet. C. Rear Setback: 5 feet minimum. Exercise areas shall also be set back a minimum of 5 feet. 3. Number of Animals: 25 animals per gross acre maximum. 4. Landscaping. Boundary landscaping shall consist of trees, shrubs, vines, grasses, ground cover or any combination thereof. Such areas shall not include open soils, building, paving, gravel or any other assemblage of building materials upon or over the land. Landscaping shall be provided as follows: a. Boundary landscaping with a minimum depth of 20 feet along all property lines abutting a public street, except for the area required for street openings. b. Boundary landscaping with a minimum depth of 5 feet along all property lines not abutting a public street. C. An approved irrigation system shall be provided. 5. Building Design. All buildings shall maintain a consistent design theme (e.g., use of similar exterior materials). Use of earthtone colors and non - reflective roof materials shall be required. 6. Lighting. All lighting shall be designed and located so that direct rays are confined to the premises. 20.44.072 Commercial Nursery Overlay District: (Nl. Wholesale commercial nurseries are permitted in areas designed with an (I) overlay, subject to the site development standards of the base district.. 20.44.075 Public Improvements. A. Purpose and Intent. The intent of this Section is to provide for public improvements identified as needed for the area in the County's Santa Ana Heights Specific Plan, precursor to the present City of Newport Beach Specific Plan. Page 20.44 -63 Specific Plan District #7 Santa Ana Heights B. Circulation Plan. The Circulation Plan is designed to provide for safe vehicular, equestrian and pedestrian movement within and adjacent to the specific plan area. Santa Ana Heights has been heavily impacted by nonresidential traffic attempting to avoid congested conditions on surrounding arterials. Thus, a primary consideration in the development o f the plan was reduction o f through traffic within residential areas. With the development of business park uses within areas adjacent to residential uses, another consideration was the separation of business park and residential traffic. Street improvements and modifications intended to achieve these objectives are described below. • Improvement Feature l: Installation of a traffic signal at the intersection of Irvine Avenue and Orchard Drive. • Improvement Feature 2: Installation of a traffic signal at the intersection of Mesa Drive and Santa Ana Avenue. • Improvement Feature 3: Construction of a cul -de -sac and improvement of Cypress Street south of South Bristol Street. • Improvement Feature 4: Monitoring traffic in the Bayview tract. The City will continue the County's program to monitor traffic in the Bayview tract. However, traffic counts have not indicated a significant increase in traffic volumes that would warrant further circulation improvements. If traffic counts do show a significant increase in traffic volumes, a circulation improvement test program to study and develop a method to control any potential through traffic in the Bayview tract will be reviewed and implemented. The program's objective would be development of an optimal solution, one that minimizes through traffic along Mesa Drive and in the Bayview tract without significantly inconveniencing a large number of residents. The test program methodology will include extensive monitoring of traffic before any improvements are installed and then systematic monitoring of a variety of test alternatives. Each alternative would involve installation of temporary improvements for a period of possibly 30 days. The alternatives to be tested could include: l) a cul -de -sac at the north end of Orchid Street; 2) the closure of Spruce Avenue; 3) closure of the north end of Orchid Street and the south end of Bayview Avenue; and 4) the closure of both Spruce and Bayview Avenues just north of Azure Street to northbound traffic, in tandem with the Orchid Street cu]-de -sac. Other alternatives might be tested in addition to, or in lieu of, those mentioned above. The community would be consulted both before and after the program is implemented. Both traffic engineering criteria and community input would be considered in evaluating the results of the program. Page 20.44 -64 Specific Plan District #7 Santa Ana Heights • Improvement Feature 5: Realignment of the intersection at Mesa Drive and Acacia Street. The Acacia Street intersection with Mesa Drive will be improved to make a T- intersection with the realignment of Mesa Drive /Birch Street (Feature 7) for improved sight distance. • Improvement Feature 6: Construction of a cul -de -sac at the eastern end of Orchard Drive within the western portion of Santa Ana Heights and vacation of the remaining right -of -way. • Improvement Feature 7: Realignment of Birch Street/Mesa Drive and roadway improvements. These improvements will widen Birch Street to an 80 foot right -of -way south of Bristol Street and connect Birch Street to Irvine Avenue by incorporation of a section of Mesa Drive. • Improvement Feature 8: Additional right -of -way and pavement width on the Business Park streets: 70 feet of total right -of -way for Acacia Street, 70 feet of right -of -way for Orchard Drive east of Birch Street, and 80 feet of total right - of -way for Birch Street. Mesa Drive from Irvine Avenue to the realigned portion of Birch Street will also be increased to an 80 -foot right -of -way. The above circulation improvements have been implemented in a phased manner to best achieve the plan's objectives. Implementation of Improvement Features 1, 3, and 4 have been given priority because they are designed to provide an early reduction or elimination of through and business park traffic in residential neighborhoods. As of the current Specific Plan revision, Improvement Features 1, 2, 3, 5, 6, and 7 are complete. For Improvement Feature 4, traffic continues to be monitored. Improvement Feature 8 is currently being designed and will be implemented when the required right -of -way has been acquired. Funding possibilities for these improvements include the Orange County Development Agency, an assessment district, or developer contribution. C. Public Services/Utilities Plan. The Public Services /Utilities Plan addresses the adequacy of existing water, sewer and drainage facilities to meet existing and ultimate demand and identifies those public works facility improvements needed to implement the Land Use Plan. The public works improvements recommended are based on studies prepared by the County which took into account ultimate buildout of the specific plan area, Orange County f ire f low r equirements a nd o ther d esign c riteria. City d esign c riteria m ay differ in some respects, which may require modifications before implementation occurs. Page 20.44 -65 Specific Plan District #7 Santa Ana Heights The proposed upgrading of facilities is required to eliminate deficiencies which will be created once the Specific Plan is implemented. Some relocation of facilities will be necessary due to proposed realignments of street rights -of -way. Specific proposals for the improvement and modification of facilities and services are described below. Water Distribution System Improvements. The Irvine Ranch Water District presently provides adequate water service to the specific plan area to serve existing land uses. Ultimate development of the area, however, will require 7,400 linear feet of six -inch and eight -inch water mains and additional fire hydrants for fire protection. Planned improvements are described below. • Improvement Feature 1: Replacement of the 6 -inch line with an 8 -inch line on Irvine Avenue and Acacia Street from South Bristol to Mesa Drive. • Improvement Feature 2: Installation of the 12 -inch water main along South Bristol Street from Irvine Avenue to Spntce Avenue. • Improvement Feature 3: Replacement of the 4 -inch line with a 6 -inch line from Orchard Drive south along Riverside Drive. • Improvement Feature 4: Replacement of the 4 -inch line with a 6 -inch line from Orchard Drive south 700 feet along Kline Drive. • Improvement Feature 5: Replacement of the 6 -inch line with a 12 -inch line on Birch Street between South Bristol Street and Mesa Drive, and the extension of the 12 -inch line west along Mesa Drive to Irvine Ave. As of the current Specific Plan revision, Improvement Features 2 and 5 have been completed. 2. Sewer System Improvements. The Costa Mesa Sanitation District (CMSD) provides sewer service to the specific plan area. Various sewer mains in the area flow at or near c apacity. I n order to adequately serve ultimate buildout, installation of 8,215 linear feet of 10 -inch through 18- inch sewer mains and upgrading of two pump stations in the general area will be required. The following improvements have been identified for construction and /or upgrading. • Improvement Feature A: Line A, located on the north side of the Santa Ana -Delhi channel, conveys sewer flows from Bristol Street east to Santa Ana Avenue and then continues south along the channel. This Page 20.44 -66 Specific Plan District #7 Santa Ana Heights main does not convey sewer flows from the specific plan area. This 8- inch diameter line will be expanded to a 10 -inch line. • Improvement Feature B: South Bristol Flow Reversal. This project is to direct a portion of the sewer flow in the study area from CMSD facilities to the Sanitation Districts of Orange County facilities. This project includes a 12 -inch gravity sewer. • Improvement Feature C: Line C, located along the Santa Ana -Delhi channel, conveys sewer flows from the western portion of Santa Ana Heights and the commercial center on Santa Ana Avenue. An 18 -inch parallel line is proposed to be installed. • Improvement Feature D: Pump Station I 1 collects sewer flows from various portions of Santa Ana Heights and pumps to Sewer Pump Station 10 (Improvement Feature E). Pump Station 11 is proposed for upgrading, to include installation of new pumps and controls, electrical service, and remodeling of the existing wet well. • Improvement Feature E: Pump Station 10 pumps sewer flows from various portions of Santa Ana Heights to the 24 -inch sewer trunkline along Fair Drive (Improvement Feature F), which flows into the CMSD treatment facility. Pump Station 10 is proposed for upgrading, to include installation of new pumps and controls, electrical service, and remodeling of the existing wet well. • Improvement Feature F: Line F is a 24 -inch trunkline located along Fair Drive which transports flows from Pump Station 10 to the CMSD treatment facility. A 15 -inch parallel line is proposed to be installed. • Improvement Feature G, Area 2 Outfall Sewer Facilities: This project will reduce the flows to Costa Mesa Sanitary District's Tustin Office Avenue Pumping Station, in order to meet demands under ultimate conditions. The project includes a new pump station at the Bristol /Birch intersection, a gravity sewer, and a new sewer force main in Birch Street, along the SR -73 bridge and extending northerly into Newport Beach. In includes a gravity sewer in Birch Street from the SR -73 bridge to MacArthur Boulevard. 3. Drainage System Improvements. In general, the existing storm runoff collection system within the specific plan area is adequate, with the exception of areas where proposed circulation realignments and modifications will alter street drainage patterns. The ultimate land use changes and circulation improvements will require the construction of 2,550 linear feet of 30 -inch reinforced concrete pipe (RCP) mains and a Page 20.44 -67 Specific Plan District #7 Santa Ana Heights system of catch basins. Improvements to the existing system are described below. Improvement Area 1: • One 14 -foot catch basin at Orchard Drive and Birch Street. • 30 -inch RCP along Birch Street from Orchard Drive to Mesa Drive. • One 7 -foot catch basin at Mesa Drive to drain southerly. • 30 -inch RCP from Mesa Drive to Santa Ana -Delhi channel. Imurovement Area 2: • 30 -inch RCP on Cypress Street from Cypress Street cul -de -sac to South Bristol Street. • Two 14 -foot catch basins at Cypress Street cul -de -sac. Improvement Area 3: • One 14 -foot catch basin at Orchard Drive cul -de -sac. • One 18 -inch RCP from Orchard Drive cul -de -sac to the Santa Ana - Delhi channel. Improvement Area 4: • Installation of 1,900 feet of storm drain along Santa Ana Avenue south of Orchard Drive. • Installation of eight catch basins on Santa Ana Avenue. Improvement Area 5: • Installation of an 18 -inch diameter drainage system along Indus Street and Redlands Drive to divert storm water run -off around this area to the Santa Ana -Delhi Channel. Improvement Area 6 • Installation of an 18 -inch diameter RCP and three catch basins along Bayview Avenue. • Installation o f a s torm d rain a nd t wo c atch b asins a long 2 50 feet o f Orchid Street. Birch - Cypress Drainage Problem: A localized drainage problem exists along Birch and Cypress streets south of Orchard Drive. In this area, surface runoff flows from Page 20.44 -68 Specific Plan District #7 Santa Ana Heights parcels fronting on Cypress Street onto parcels along Birch Street. Ponding of water also occurs on at least one parcel along Birch Street. This drainage situation is a particular concern where business park development is planned to occur along Birch Street. Such development must provide for the transport of runoff from adjacent residential parcels to the drainage facilities planned along Birch Street. The area affected by this drainage is based on existing topography. in order to adequately provide for surface runoff in this area, a comprehensive drainage plan and implementation program must be developed for the area prior to any business park development within the affected area. Possible drainage solutions which are being considered include the following: • An underground storm drain collection system. • A pumping station which collects storm runoff and pumps to an acceptable public storm drain system. Funding possibilities for the above improvements include the Orange County Development Agency, an assessment district, or developer contribution. 4. Electric, Telephone and Cable Television Improvements. Although not anticipated, the planned improvements and modifications to the circulation system may require utility relocations, realignments, or abandonments. D. Fire Protection. Addition of the development in Santa Ana Heights to the City's fire protection responsibilities may require the construction of a new fire station located in or near Santa Ana Heights. Funding possibilities for the fire station include the Orange County Development Agency, an assessment district, and/or developer contributions. E. Recreation Improvements. The Recreation Plan is designed to enhance equestrian opportunities within the specific plan area with appropriate connections between local and regional trail systems. Exhibit 20.44 -9 identifies those recreational facilities planned within and adjacent to the specific plan area. Elements of the Recreation Plan are as follows: A local equestrian trail has been constructed along the west side of Cypress Street from the north end of the street to Mesa Drive. As currently shown on the Recreation Plan, the trail would continue west along the south side of Mesa Drive to just prior to Birch Street, where it turns south to connect with the proposed regional trails along Upper Newport Bay and the Santa Ana -Delhi channel. This local equestrian trail is also planned to extend east along Mesa Drive from Cypress Street to the Irvine Coast Regional Trail. Page 20.44 -69 Specific Plan District #7 Santa Ana Heights 2. Acquisition of an appropriate site for development of a public equestrian center will be studied. Facilities within a center may include box stalls and pipe corrals, arenas, horse rental facilities, parking and staging areas, and other related support facilities, including an office and storage rooms. if a site is acquired by a public agency, the property would be developed and maintained by a private stable operator under a lease agreement with the agency. 3. Regional recreation facilities, either existing or proposed within the general areas, include: two existing golf courses, the Newport Beach Golf Course and Santa Ana Country Club; the existing Irvine Coast Regional Riding and Hiking Trail through Upper Newport Bay, linking the existing trail along San Diego Creek with the proposed Santa Ana Heights Regional Riding and Hiking Trail along the Santa Ana -Delhi channel; an existing bikeway along Irvine Avenue south of University Drive; and proposed bikeways along University Drive and through Upper Newport Bay. 4. The County's Upper Newport Bay Regional Park will include land adjacent to the State Ecological Reserve. This regional park will complement the Ecological Reserve with more active uses, such as an interpretive center and a pedestrian trail, and will serve as a buffer from adjacent land development. 20.44.080 Discretionary Review and Amendments. A. Discretionary Permit Procedures. Discretionary permits, including use permits, variances, site plan review, and modification permits, shall be processed per Part VI of the Zoning Code. B. Specific Plan Amendment Procedures. This Specific Plan is part of the City's Zoning Code. Therefore, amendments to the Specific Plan shall be processed in accordance with the procedures for Code amendments as set forth in Chapter 20.94. 0. X. re v L14 EXHIBIT ZA -4 I RMD (2000)1 I [costa Mesa r1 6,000 -I 250 500 ;50 Feet I I - -- NB City Boundary (Current) -- CM City Boundary (Current) 5 r- � Newport I 11-1 EXHIBIT ND -1: NEGATIVE DECLARATION FOR AREA 7 ANNEXATION City of Newport Beach 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 NEGATIVE DECLARATION To: Office of Planning and Research xx 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange xx Public Services Division P.O. Box 238 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR/County Clerk Public Review Period: July 12 to August 11, 2003 Name of Project: Project PA 2003 -149: General Plan Amendment GP 2003 -005 and Code Amendment CA 2003 -006 (Area 7 Annexation) Project Location: South of Bristol Street, west of Irvine Avenue and the Newport Beach Golf Course, north of the Costa Mesa city boundary, and east of the 55 freeway. Project Description: General plan amendment. prezoning, sphere of influence amendment, and annexation of West Santa Ana Heights, the Santa Ana Country Club and the area south of Mesa Drive to the City of Newport Beach Finding: Pursuant to the provisions of City Council Policy K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the City has evaluated the proposed project and determined that it would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is attached and on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision - makers prior to final action on the proposed project. Additional plans, studies and /or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please contact Larry Lawrence, project manager for the City, at 949 -661 -8175. Date: July 1, 2003 Patricia L. Temple, Planning Director CITY OF NEWPORT BEACH INITIAL STUDY AND ENVIRONMENTAL CHECKLIST received on this Initial StudyAgeajim Declaration I. Project Title: Project PA 2003 -149, including General Plan Amendment GP 2003 -005 and Code Amendment CA 2003 -006: General Plan Amendment, Prezoning, Sphere of Influence Amendment and Annexation of West Santa Ana Heights, the Santa Ana Country Cluh, and the area south of Mesa Drive (for reference purposes, the entire annexation area is referred to herein as "Area 7" (see map at end of document) 2. Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 3. Contact Person and Phone No.: Larry Lawrence, Project Manager for City, Lawrence Associates 949 - 661 -8175 4. Project Location: South of Bristol Street, west of Irvine Avenue and the Newport Beach Golf Course, north of the Costa Mesa city houndary, and east of the 55 freeway. (see map at end of document) 5. Project Sponsor's Name /Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 6. General Plan Designations: Various residential, commercial, and open space designations under County of Orange General Plan. 7. Zoning: Santa Ana Heights Specific Plan, and various residential, commercial, and open space designations, under County of Orange 8. Description of Project: General plan amendment, prezoning, sphere of influence amendment, and annexation of approximately 277 acres, descrihed as Area 7. Prior f o r eview o f t he annexation by t he L ocal A gency Formation Commission, the City of Newport Beach intends to process a general plan amendment and a zoning amendment. 9. Snrronnding Land Uses And Setting (see map at end of docnment): Project Area: Residential, golf course, commercial, and opens ace nses To the west: The 55 Freeway and Residential in the City of Costa Mesa To the north Bristol Street, John Wayne Airport, Corona del Mar Freeway, and business park uses in the City of Costa Mesa To the east: The Newport Beach Golf Course and office uses in the City of Newport Beach To the south: Residential uses in the City of Costa Mesa 10. Other Public Agencies Whose Approval is Reqnired (e.g., permits, financing approval, or participation agreement): Orange County Local Agency Formation Commission (LAFCO) and County of Orange. 11. Existing Conditions: Land Use And Development With the exception of a few vacant infill lots, the annexation area is bnilt ont. Cnrrent land uses in the area inclnde single family and mnitiple family residential, professional office, horticnitnral nursery, the Santa Ana Conntry Clnb, and accessory eqnestrian and kennel nses. The General Plan and Zoning Code for the City of Newport Beach do not cover the proposed annexation area. Therefore, land nse and circulation designations and specific plan provisions most be adopted by the City in conjnnction with annexation. Thns, general plan and prezoning amendments are part of the present annexation package. The snbiect property is currently located within the Costa Mesa Sphere of Inflnence. A competing annexation ication for the West Santa Ana Heights area to the City of Costa Mesa is cnrrently on file with LAFCO. Pnbtic Services Pnbtic safety and other services for the annexation area are currently provided by the County of Orange, the Orange County Sheriffs Department, and the Orange County Fire Anthority. Utilities and Service Svstems Sewage collection is provided by the Costa Mesa Sanitary District while sewage treatment is provided by the Orange County Sanitation Districts. Water facilities and service are provided by the Irvine Ranch Water District (IRWD). Solid waste is collected by Waste Management Inc. Area 7 Annexation INITIAL STUDY Page 2 12. Environmental Factors Potentially Affected: • Aesthetics ❑ Geology /Soils ❑ Noise • Agricultural Resources ❑ Hazards /Hazardous Materials ❑ Population/Housing • Air Quality ❑ Hydrology/Water Quality ❑ Public Services • Biological Resources ❑ Land Use/Planning ❑ Recreation • Cultural Resources ❑ Mineral Resources ❑ Transportation/Traffic • Utilities & Service Systems ❑ Mandatory Findings of Significance No potentially significant impacts were found in any of the above areas. "No Impact" and "No Significant Impact" responses were given in all categories because the change in jurisdiction from the County of Orange to the City of Newport Beach will not result in any significant environmental effect Any impacts in the areas of public services and utilities, such as police, fire, water, and sewer, will be less than significant. Also, any impacts on air quality, biological resources, water quality, or other environmental categories are the result of existing development or of previously - approved development plans, which will not change as a result of the change in jurisdiction. 13. Determination. (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that although the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. 1 find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 51 0 U L Area 7 Annexation INITIAL STUDY Page 3 I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ Signature LARRY LAWRENCE Printed Name July 1, 2003 Date Area 7 Annexation INITIAL STUDY Page 4 SECTIONS: A. ENVIRONMENTAL CHECKLIST B. EXPLANATION OF CHECKLIST RESPONSES A. ENVIRONMENTAL CHECKLIST The Environmental Checklist provides a preliminary analysis of the proposed project's potential for significant environmental impacts. Sources of information for all responses are specified immediately following the checklist. The Initial Study indicates that the project may result in significant environmental impacts but that those impacts will be reduced to a less- than - significant level through the Implementation of mitigation measures identified in the Study. b) Substantially damage scenic resources, ❑ ❑ ❑ Q 1,3.4 including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ ❑ ❑ Q 1,3,4,5,6 character or quality of the site and its surroundings? d) Create a new source of substantial ❑ ❑ ❑ I✓] 1,3,4,5,6 light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, ❑ ❑ ❑ 0 1,34 or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ 0 1,3.4,5,6 use, or a Williamson Act contract? Area 7 Annexation INITIAL STUDY Page 5 Potentially Significant Less than No Significant Unless SOURCES' Significant Impact IMPACT CATEGORY Impact Mitigation Impact Incorporated ' See Source References at the end of this Checklist. I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ 10 1,3.4 scenic vista? b) Substantially damage scenic resources, ❑ ❑ ❑ Q 1,3.4 including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ ❑ ❑ Q 1,3,4,5,6 character or quality of the site and its surroundings? d) Create a new source of substantial ❑ ❑ ❑ I✓] 1,3,4,5,6 light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, ❑ ❑ ❑ 0 1,34 or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ 0 1,3.4,5,6 use, or a Williamson Act contract? Area 7 Annexation INITIAL STUDY Page 5 rocenuauy Potentially Significant Less than No Significant Unless Significant Impact SOURCES* IMPACT CATEGORY Impact mitigation Impact ... -- -......_ ............... Incorporated .............................. - ` See Source References at the end of this Checklist. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ❑ ❑ ❑ ❑ L 0 0 ■ M ❑ 0 ❑ 0 0 on 1,3,4,5,6 1,3,4,9,10,11 1,3,4,9,10,11 1,3,4,9,10,11 0 1,3,4,9,10,11 0 1,3,4,9,10,11 FM I A 1,3,4,11 1,3,4,11 Area 7 Annexation INITIAL STUDY Page 6 IMPACT CATEGORY ............................ ............................... c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? J) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Area 7 Annexation INITIAL STUDY Page 7 rocenaauy Potentially Significant Less than No Significant Unless Significant Impact SOURCES' Impact Mitigation Impact .Incorporated See Source References at the end of this Checklist. 0 1.3,4,11 0 1,3,4,11 0 1,3,4,11 0 1,3,4,11 0 1,3,4,11 0 1,3,4,11 0 1,3,4,11 0 0 ❑ 1,3,4,11 Area 7 Annexation INITIAL STUDY Page 7 rocenaauy Potentially Significant Less than No Significant Unless Significant Impact SOURCES* IMPACT CATEGORY Impact Mitigation Impact Incorporated.- .- .,.__.. . ' See Source References at the end of this Checklist. VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1 -13 of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ ❑ [ 1,3,4,11 ❑ ❑ ❑ [ 1,3,4,11 ❑ ❑ ❑ [ 1,3,4,11 ❑ ❑ ❑ [ 1,3,4,7,11 ❑ ❑ ❑ Q 1,3,4,7,11 ❑ ❑ ❑ Q 1,3,4,7,11 ❑ ❑ ❑ Q 1,3,4,11 ❑ ❑ ❑ Q n/a VII. HAZARDS & HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or ❑ ❑ ❑ 0 2,3,4,5,6,11 the environment through routine transport, use, or disposal of hazardous materials? Area 7 Annexation INITIAI. S I UDY Page 8 vorenoauy Potentially Significant Less than No Significant Unless Significant Impact SOURCES' IMPACT CATEGORY Impact Mitigation Impact ......... ........................ ... ...................Incorporated ....... See Source References at the end of this Checklist. b) Create a significant hazard to the public or ❑ ❑ ❑ 0 2,3,4,5,6,11 the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle ❑ ❑ ❑ 2 2,3,4,5,6,11 hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a ❑ ❑ ❑ Q 2.3,4,5,6,11 list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land use plan ❑ ❑ ❑ 0 2,3,4,5,6.1 1,1 or, where such a plan has not been adopted, 13 within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private ❑ ❑ ❑ 0 nla airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically ❑ ❑ ❑ 0 2,3,4,5,6,11 interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant ❑ ❑ ❑ 0 2,3,4,5,6,11 risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste ❑ ❑ ❑ 0 3,4.11 discharge requirements? Area 7 Annexation INITIAL STUDY Page 9 IMPACT CATEGORY ...... ............. .... ..... I ... ...........---- ------------ -- b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ❑ ❑ ❑ Q 3,4,11 ❑ ❑ ❑ Q 3,4,11 ❑ ❑ ❑ Q 3.4,11 ❑ votenuauy ❑ Potentially Significant Less than No Significant Unless Significant Impact SOURCES* Impact Mitigation Impact .. .-Incorporated .. ---- -- ................. ` See Source References at the end of this Checklist. ❑ ❑ ❑ Q 3,4,11 ❑ ❑ ❑ Q 3,4,11 ❑ ❑ ❑ Q 3,4,11 ❑ ❑ ❑ Q 3.4,11 ❑ ❑ ❑ [� 3,4,11 ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ [Z 3,4,11 ❑ ❑ ❑ Q 3,4,11 j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Q 3,4,11 Area 7 Annexation INI "1'IAL STUDY Page 10 b) rocenuany ❑ ❑ Potentially Significant Less than No 1,2,3,4,5,6,11, Significant Unless SOURCES' Significant Impact IMPACT CATEGORY Impact Mitigation Impact .... -- -------------- -------------- Incorporated ------------_.... ... jurisdiction over the project (including, but See Source References at the end of this Checklist. IX. LAND USE AND PLANNING. Would the project: not limited to the general plan, specific plan, a) Physically divide an established community? ❑ ❑ ❑ 0 1,2,3,4,5,6,11 b) Conflict with any applicable land use plan, ❑ ❑ Q ❑ 1,2,3,4,5,6,11, policy, or regulation of an agency with 12-13 jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat ❑ ❑ ❑ 21 1,2,3,4,5,6,11 conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known ❑ ❑ ❑ 21 1,3,4,11 mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- ❑ ❑ ❑ [] 1,3,4,11 important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE. Would the project result in: a) Exposure of persons to or generation of ❑ ❑ ❑ 2 1,2,3,4,8,11, noise levels in excess of standards 1� 1 established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of ❑ ❑ ❑ 2 1,2,3,4,8,11 excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient ❑ ❑ ❑ 2 1,2,3:4,8,11, noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase ❑ ❑ ❑ 2 1.2,3.4,8,11, in ambient noise levels in the project vicinity 12_13 above levels existing without the project? Area 7.Annew(;on INITIAL STUDY Page 11 IMPACT CATEGORY ................. ...... ... e) For a project located within an airport land use land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: Fire protection? Police protection? Parks? Potentially Potentially Significant Less than No Significant Unless Significant Impact SOURCES" Impact Mitigation Impact Incorporated See Source References at the end of this Checklist. ❑ ❑ ❑ Q 1,2,3,4,8,11, 12M ❑ ❑ ❑ Q n/a ❑ ❑ ❑ Q 2,3,4,11 ❑ ❑ ❑ Q 2,3,4,11 ❑ ❑ ❑ Q 2,3,4,11 ❑ ❑ Q ❑ 2,3,4,11 ❑ ❑ Q ❑ 2,3,4,11 ❑ ❑ ❑ Q 2,3,4.11 Area 7 Annexation INITIA I, STUDY Page 12 IMPACT CATEGORY Schools? Other public facilities? XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATIONITRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? ❑ ❑ ❑ 0 2,3,4.6 ❑ ❑ ❑ 0 1,2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6,11 ❑ ❑ ❑ 0 2,3,4,6 rocennany ❑ 0 Potentially Significant Less than No Significant Unless Significant SOURCES* Impact Impact Mitigation Impact Incorporated See Source References at the end of this Checklist. ❑ 0 2,3,4,11 0 2,3.4,11 ❑ ❑ ❑ 0 2,3,4.6 ❑ ❑ ❑ 0 1,2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6,11 ❑ ❑ ❑ 0 2,3,4,6 Area 7 Annexation INn'IAL STUDY Page 13 ❑ ❑ 0 2,3,4,6 ❑ ❑ 0 2,3,4,5,6 Area 7 Annexation INn'IAL STUDY Page 13 Potentially Significant IMPACT CATEGORY Impact g) Conflict with adopted policies, plans, or programs supporting alternative trans- portation (e.g., bus turnouts, bike racks)? XVI. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulation related to solid waste? El 0 0 0 C El ❑ El rozennany 0 Significant Less than No Unless SOURCES` Significant Impact Mitigation Impact Incorporated „„ .... See Source References at the end of this Checklist. ❑ ❑ 0 2,3,4,6 ❑ ❑ 0 2,3,4,6 ❑ ❑ 0 2,3.4,6 ❑ ❑ 0 2,3,4,6 ❑ ❑ 0 2,3,4,6 ❑ ❑ 0 2.3.4,6 ❑ ❑ 0 2.3,4,6 ❑ ❑ 0 2,3,4,6 Area 7 Annexation INITIAL tiTUDY Page 14 IMPACT CATEGORY XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of a major period of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively con- siderable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES. Potentially Potentially Significant Less than No Significant Unless Significant Impact SOURCES* Impact Mitigation Impact Incorporated See Source References at the end of this Checklist- 0 0 0 0 0 0 0 0 ED ED 01 1 -13 1 -13 1 -13 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration (CEQA Guidelines Section 15063). For the present annexation project, no significant impacts have been identified. All earlier analyses are listed under Source References, below. XIX. SOURCE REFERENCES. Documents listed below are available at the offices of the City of Newport Beach, Planning Department, 3300 Newport Boulevard, Newport Beach, California 92660 (Note: Reference No. 1 denotes a physical inspection and therefore is not in the form of a written documeno. 1. Site visits to annexation area by Larry Lawrence, project manager for City of Newport. Area 7 Annex ion INITIALS "I "UDY Page 15 2. Report to Newport Beach City Council re Annexation of Area 7, by Dave Kiff, Assistant City Manager, March 11, 2003. 3. Final Program EIR — City of Newport Beach General Plan. 4. General Plan, including all Elements, City of Newport Beach. 5. Zoning Code, Title 20 of the Newport Beach Municipal Code. 6. Santa Ana Heights Specific Plan, County of Orange. 7. City Excavation and Grading Code, Newport Beach Municipal Code. 8. Community Noise Ordinance, Chapter 10.28 of the Newport Beach Municipal Code. 9. Air Quality Management Plan, South Coast Air Quality Management District, 1997. 10. Air Quality Management Plan EIR, South Coast Air Quality Management District, 1997. 11. FEIR No. 508, John Wayne Airport Master Plan and Santa Ana Heights Land Use Compatibility Program, County of Orange, February 1985. 12. Airport Environs Land Use Plan (AELUP) Airport Land Use Commission December 19 2002 13. California Airport Land Use Planning Handbook Caltrans Division of Aeronautics. January 2002. B. EXPLANATION OF CHECKLIST RESPONSES: In all cases, the selection of the Checklist response was the product of the data sources listed above, followed by careful consideration of potential impacts from the project under the definitions and procedures of the California Environmental Quality Act (CEQA) Statute and Guidelines. No potentially significant impacts were found. "No Impact' and "No Significant Impact' responses were given in all categories because the change in jurisdiction from the County of Orange to the City of Newport Beach will not result in any environmental effect. Any impacts on air quality, biological resources, water quality, or other categories are the result of existing development or of previously - approved development plans, which will not change as a result of the change in jurisdiction. (Such impacts have been analyzed in previous environmental impact reports available for inspection at the City of Newport Beach and the County of Orange.) Notwithstanding the lack of significant impact found, the following sections contain further explanations of responses in the salient areas of Land Use and Planning, Public Services, and Utilities and Service Systems. Area 7 Annexation INITIAL STUDY Page 16 • HAZARDS AND HAZARDOUS MATERIALS: Safety on the Ground: Safety Aloft: recognized the AELUP and FAA height restrictions. The tallest maximum height in the affected area is 42 feet allowed for the existing Newport Trade Center on Irvine Avenue • LAND USE AND PLANNING: General Plan and Prezoninp: The County's Santa Ana Heights Specific Plan originally covers both east and west Santa Ana Heights. The City of Newport Beach's Santa Ana Heights Specific Plan (Chapter 20.44 of the Zoning Code) presently covers only east Santa Ana Heights, the area recently annexed to the City. Other differences between the two jurisdiction's Santa Ana Heights specific plans include the following: The County plan format has four chapters: "Introduction ", "The Plan ", "Community Design Program ", and "Land Use District Regulations ", while the City version uses the Zoning Code's "Specific Plan District" format, inserting similar provisions into one chapter of the Zoning Code, with exhibits at the end of the chapter. 2. The County plan includes the West Santa Ana Heights portion of the annexation area, i.e. the area between the Newport Beach Golf Course and the Santa Ana Country Club, while the City plan does not. To correct inconsistencies such as those listed above, general plan and prezoning actions by the City of Newport Beach have been made part of the present annexation project (see page 1 of this Initial Study). The intent of these applications is to retain the current land use and zoning regulations presently in effect under the County. Thus, in terms of land use and planning, the net result of the annexation will be a less- than - significant environmental impact. Redevelopment Areas: Area 7 Annexation INF] IAL 5I'UDY Page 17 utilize the redevelopment tax increment to improve infrastructure (e .a. street sidewalks. utilities) in the area. • NOISE: • PUBLIC SERVICES: Fire and Police - Fire protection services will transfer from the Orange County Fire Authority to the Newport Beach Fire and Marine Department and police services will transfer from the Orange County Sheriff to the Newport Beach Police Department. The City's Plans of Service for the annexation area provides for the maintenance or improvement of existing levels of service for both fire and police protection. 2. Other Services - Other public services and facilities, such as administrative, recreation, code enforcement, planning, public works and others will remain unchanged or possibly improve because of the closer proximity of City offices and facilities than is now the case under County jurisdiction. From the above information, the net effect on public services from the annexation will be a less- than - significant impact. • UTILITIES AND SERVICE SYSTEMS: Utility systems are already in place for this built -out area. Water facilities and service are provided by the Irvine Ranch Water District (IRWD). Sewage collection is provided by the Costa Mesa Sanitary District. Sewage treatment is provided by the Orange County Sanitation Districts. Solid waste is collected by a private firm, Waste Management Inc. It is intended that these facilities and services remain with the current providers after annexation. Thus, there will be no impact on water, sewer, wastewater treatment, solid waste disposal, or other utility systems as a result of the annexation, and service will continue uninterrupted. The net effect on utilities and service systems from the annexation will be a less- than - significant impact. Area 9 Annexation MITIAL STUDY Page 18 MAP OF ANNEXATION AREA NOTE The original map incorrect& showed inclusion of the Ai&port Runway Protection Zbm in the annexado"rezone area- This typlacement map corrects that odginal map and excludes the RPZ. AREA 7ANNEXATION AREA "Wilk coull'afty ctio J R6%WAY PaGn-CTION ZOW AP4 Costa Mesa to L-4 j-r Propmel Aiiiii, 7 Awuum u d Sphere Of WkWluw NIVAd.1%ft NO Cdy 5oundary iCU tl . .... ... .. .............................. Newport Beach Area 7 Annexation INITIAL STUDY Page 19 EXHIBIT ND -2: NEGATIVE DECLARATION FOR EMERSON AREA ANNEXATION City of Newport Beach 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 NEGATIVE DECLARATION To: Office of Planning and Research xx 1,100 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk, County of Orange Fx_x� Public Services Division P.O. Box 238 Santa Ana, CA 92702 From: City of Newport Beach Planning Department 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (Orange County) Date received for filing at OPR/County Clerk Public Review Period: July 19 to August 18, 2003 Name of Project: EMERSON ANNEXATION — Project PA 2003 -149: General Plan Amendment GP 2003 -006 and Code Amendment CA 2003 -007 Project Location.- Emerson Street, east of Tustin Avenue and south of 21st Street /Holiday Road (see map at end of document) Project Description: General plan amendment, prezoning, and annexation of the Emerson Street area to the City of Newport Beach Finding: Pursuant to the provisions of City Council Policy K -3 pertaining to procedures and guidelines to implement the California Environmental Quality Act, the City has evaluated the proposed project and determined that it would not have a significant effect on the environment. A copy of the Initial Study containing the analysis supporting this finding is attached and is also on file at the Planning Department. The Initial Study may include mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered by the decision - makers prior to final action on the proposed project. Additional plans, studies and /or exhibits relating to the proposed project may be available for public review. If you would like to examine these materials, you are invited to contact the undersigned. If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing prior to the close of the public review period. Your comments should specifically identify what environmental impacts you believe would result from the project, why they are significant, and what changes or mitigation measures you believe should be adopted to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited to attend and testify as to the appropriateness of this document. If you have any questions or would like further information, please contact Larry Lawrence, project manager for the City, at 949 -661 -8175. Date: Julv 10, 2003 Patricia L. Temple, Planning Director CITY OF NEWPORT BEACH INITIAL STUDY AND ENVIRONMENTAL CHECKLIST 1. Project Title: Project PA 2003 -149, including General Plan Amendment GP 2003 -006 and Code Amendment CA 2003 -007: General Plan Amendment, Prezoning, and Annexation of Emerson Street area (see map at end of document) 2. Lead Agency Name and Address: City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 3. Contact Person and Phone No.: Larry Lawrence, Project Manager for City, Lawrence Associates 949 - 661 -8175 4. Project Location: Emerson Street, east of Tustin Avenue and south of 21" Street/Holiday Road (see map at end of document)) 5. Project Sponsor's Name /Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 6. General Plan Designations: Low density residential under County of Orange 7. Zoning: Single family residential, under County of Orange 8. Description of Project: General plan amendment, prezoning, and annexation of approximately 1.9 acres. Prior to review of the annexation by the Local Agency Formation Commission, the City of Newport Beach intends to process a general plan amendment and a zoning amendment in order to prezone the area. 9. Surrounding Land Uses And Setting (see map at end of document): Project Area: Sin le family residential To the west, Residential uses in the City of Costa Mesa south and east: To the north: Residential uses in the City of Newport Beach 12. Other Public Agencies Whose Approval is Required (e.g., permits, financing approval, or participation agreement): Orange County Local Agency Formation Commission (LAFCO) and County of Orange. 13. Existing Conditions: Land Use And Development With the exception of a few vacant infill lots, the annexation area is built out. Current land uses in the area include single family homes. The General Plan and Zoning Code maps for the City of Newport Beach do not cover the proposed annexation area. Therefore, land use and circulation designations must be adopted by the City in conjunction with annexation. Thus, general plan and prezoning amendments are part of the present annexation package. Public Services Public safety and other services for the annexation area are currently provided by the County of Orange, the Orange County Sheriffs Department, and the Orange County Fire Authority. Utilities and Service Systems Sewage collection is provided by the Costa Mesa Sanitary District while sewage treatment is provided by the Orange County Sanitation Districts. Water facilities and service are provided by the Mesa Consolidated Water District. Solid waste is collected by Waste Management Inc. 14. Environmental Factors Potentially Affected: ❑ Aesthetics ❑ Geology /Soils ❑ Noise ❑ Agricultural Resources ❑ Hazards /Hazardous Materials ❑ Population/Housing ❑ Air Quality ❑ Hydrology /Water Quality ❑ Public Services ❑ Biological Resources ❑ Land Use/Planning ❑ Recreation ❑ Cultural Resources ❑ Mineral Resources ❑ Transportation/Traffic ❑ Utilities & Service Systems ❑ Mandatory Findings of Significance No potentially significant impacts were found in any of the above areas. "No Impact" and "No Significant Impact' responses were given in all categories because the change in jurisdiction from the County of Orange to the City of Newport Beach will not result in any significant environmental effect. Any impacts in the areas of public services and utilities, such as police, fire, water, and sewer, will be less than significant. Also, any impacts on air quality, biological resources, water quality, or other environmental categories are the result of existing development, which will not change as a result of the change in jurisdiction. Emerson Annexation INITL6,L J'I'UUY Page 2 15. Determination. (To be completed by the Lead Agency.) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. d I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect l) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ Signature LARRY LAWRENCE Printed Name July 10, 2003 Date Emerson Annexation INITIAL STUDY Page 3 SECTIONS: A. ENVIRONMENTAL CHECKLIST B. EXPLANATION OF CHECKLIST RESPONSES A. ENVIRONMENTAL CHECKLIST The Environmental Checklist provides a preliminary analysis of the proposed project's potential for significant environmental impacts. Sources of information for all responses are specified immediately following the checklist. The Initial Study indicates that the project may result in significant environmental impacts but that those impacts will be reduced to a less- than - significant level through the implementation of mitigation measures identified in the Study. Potentially Significant Less than No Significant Unless Significant Impact SOURCES* IMPACT CATEGORY Impact Mitigation Impact p Incorporated * See Source References at the end of this Checklist. I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ Q 1,3,4 scenic vista? b) Substantially damage scenic resources, ❑ ❑ ❑ Q 1,3,4 including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ❑ ❑ ❑ Q 1,3,4,5,6 character or quality of the site and its surroundings? d) Create a new source of substantial light or ❑ ❑ ❑ Q 1,3,4,5,6 glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, ❑ ❑ ❑ Q 1,3,4 or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ Q 1,3,4,5,6 use, or a Williamson Act contract? Emerson Annexation INITIAL STUDY Page 4 Potentially Potentially Significant Less than Significant Unless Significant Impact SOURCES` IMPACT CATEGORY Impact Mitigation Impact P ....... ..............................I n co rporated..... ............ ......... ....... ..... - .- .- .- .................... See Source References at the end of this Checklist. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Dept. of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 0 0 ■ WI ❑ Q ❑ 0 El El El 0 1,3,4,5,6 1,3,4,9,10 1,3,4,9,10 1,3,4,9,10 Q 1,3,4,9,10 Q 1,3,4,9,10 fil 1,3,4 1,3,4 Emerson Annexalion INITIA I. S'I'U UY Page 5 IMPACT CATEGORY c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Potentially Significant Less than No Significant Unless Significant Impact SOURCES" Impact Mitigation Impact _ ........Incorporated , " See Source References at the end of this Checklist. ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3.4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 Emerson Annexation INITIAL STUDY Page 6 Potentially Potentially Significant Less than No Significant Unless Significant Impact SOURCES" IMPACT CATEGORY Impact Mitigation Impact ............................. ........ Incorporated See Source References at the end of this Checklist. VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ ❑ 10 1,3.4 ❑ ❑ ❑ Q 1,3,4 ❑ ❑ ❑ Q 1,3,4 ❑ ❑ ❑ Q 1,3,4,7 ❑ ❑ ❑ 0 1,3,4,7 ❑ ❑ ❑ Q 1,3,4,7 ❑ ❑ ❑ Q 1,3,4 ❑ ❑ ❑ Q n/a VII. HAZARDS & HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or ❑ ❑ ❑ Q 2,3,4,5,6 the environment through routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or ❑ ❑ ❑ Q 2,3,4,5,6 the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emerson Annexanun fNITIAL STUDY Page 7 rocennauy Potentially Significant Less than No Significant Unless Significant Impact SOURCES* IMPACT CATEGORY Impact Mitigation Impact ........................... ............................... Incorporated. ........ ...._. - ....... * See Source References at the end of this Checklist. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites which complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ❑ ❑ ❑ ❑ ❑ ❑ El El El Q 2,3,4,5,6 Q2,3,4,5,6 Q 2,3,4,5,6 ❑ ❑ ❑ Q n/a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Q ❑ Q ❑ Q ❑ Q 2,3,4,5,6 2,3,4,5,6 3.4 3,4 Emerson Annexation INITIAL STUDY Page 8 IMPACT CATEGORY c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of a course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? ii) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ El 3,4 ❑ Potentially ❑ Potentially Significant Less than Significant Unless Significant Impact SOURCES Impact Mitigation Impact Incorporated .......... ... .--- ....... See Source References at the end of this Checklist. ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ El 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 1,2,3,4.5,6 Emerson Annexation INITIAL STI IUY Page 9 Potentially Significant Less than No Significant Unless Significant Impact SOURCES" IMPACT CATEGORY Impact Mitigation Impact . In corpora ted ......................... b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? See Source References at the end of this Checklist. ❑ ❑ Q ❑ 1,2,3,4,5,6 e) For a project located within an airport land ❑ use land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 ❑ Q 1,2,3,45,6 ❑ Q 1,3,4 ❑ Q 1,3,4 ❑ Q ❑ Q ❑ Q ❑ Q ■ % 1,2,3,4,8 1,2,3,4,8 1,2,3,4,8 1,2,3,4,8 1,2,3,4,8 Emerson Annexation INITIAL STUDY Page 10 votenuauy Potentially Significant Less than No Significant Unless Significant Impact SOURCES` IMPACT CATEGORY Impact Mitigation Impact Incorporated ....................... ............... _............... .........._.................... ........ See Source References at the end of this Checklist. f) For a project within the vicinity of a private ❑ ❑ ❑ p n/a airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: Fire protection? Police protection? Parks? Schools? Other public facilities? ❑ ❑ ❑ 0 2,3,4 ❑ ❑ ❑ 0 2,3,4 ❑ ❑ ❑ 0 2,3,4 ❑ ❑ 0 ❑ 2,3,4 ❑ ❑ z ❑ 2,3,4 ❑ ❑ ❑ z 2,3,4 ❑ ❑ ❑ z 2,3,4 ❑ ❑ z ❑ 2,3,4 Emerson Annexation INITIAL STUDY Page 11 XV. TRANSPORTATIONITRAFFIC Would the project: a) Cause an increase in traffic which is ❑ ❑ ❑ 2,3,4,6 substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or cumulatively, a ❑ ❑ ❑ Q 2,3,4,6 level of service standard established by the county congestion management agency for designated roads or highways? d) Result in a change in air traffic patterns, ❑ ❑ ❑ Q 2,3,4,6 including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a roienuauy ❑ ❑ Q Potentially Significant Less than No Significant Unless Significant Impact SOURCES" IMPACT CATEGORY Impact Mitigation Impact .... ............................... Incorporated... ....... _.. ..... ....................... .... See Source References at the end of this Checklist. XIV. RECREATION ❑ ❑ ❑ Q a) Would the project increase the use of ❑ ❑ ❑ Q 2,3,4,6 existing neighborhood and regional parks or Q 2,3,4.5,6 g) Conflict with adopted policies, plans, or other recreational facilities such that ❑ ❑ Q 2,3,4,6 substantial physical deterioration of the programs supporting alternative trans- facility would occur or be accelerated? portation (e -g., bus turnouts, bike racks)? b) Does the project include recreational ❑ ❑ ❑ Q 1,2,3,4,6 facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATIONITRAFFIC Would the project: a) Cause an increase in traffic which is ❑ ❑ ❑ 2,3,4,6 substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed either individually or cumulatively, a ❑ ❑ ❑ Q 2,3,4,6 level of service standard established by the county congestion management agency for designated roads or highways? d) Result in a change in air traffic patterns, ❑ ❑ ❑ Q 2,3,4,6 including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a ❑ ❑ ❑ Q 2,3,4,6 design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ Q 2,3,4,6 f) Result in inadequate parking capacity? ❑ ❑ ❑ Q 2,3,4.5,6 g) Conflict with adopted policies, plans, or ❑ ❑ ❑ Q 2,3,4,6 programs supporting alternative trans- portation (e -g., bus turnouts, bike racks)? Emerson Annexation fNITIAL STUDY Page 12 IMPACT CATEGORY . . .. . ..... . ............ . . . . . . . . . . . " . ... . . . . . " . " . " . " . " . . . .. . ............ . . . XVI. UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulation related to solid waste? rocenoauy Potentially Significant Less than No Significant Unless Significant pact SOURCES* Impact Mitigation Impact Incorporated See Source References at the end of this Checklist. ❑ ❑ ❑ Q 2,3,4,6 11 11 11 2 2,3,4,6 ❑ ❑ ❑ Q 2,3,4,6 Q 2,3,4,6 Q 2,3,4,6 ❑ ❑ ❑ Q 2,3,4,6 11 11 11 2 2,3,4,6 ❑ ❑ ❑ Q 2,3,4,6 Emerson Annexation IN[ "IIAl STUDY Page 13 Q 2,3,4,6 [� 2,3,4,6 Emerson Annexation IN[ "IIAl STUDY Page 13 Potentially Significant Less than No Significant Unless Significant Impact SOURCES* IMPACT CATEGORY Impact Mitigation Impact Incorporated ........... .......... . * See Source References at the end of this Checklist. XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to ❑ ❑ ❑ Q 1 -10 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of a major period of California history or prehistory? b) Does the project have impacts that are ❑ ❑ ❑ p 1-10 individually limited, but cumulatively con- siderable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects ❑ ❑ ❑ p 1-10 which will cause substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration (CEQA Guidelines Section 15063). For the present annexation project, no significant impacts have been identified. All earlier analyses are listed under Source References, below. XIX. SOURCE REFERENCES. Documents listed below are available at the offices of the City of Newport Beach, Planning Department, 3300 Newport Boulevard, Newport Beach, California 92660 (Note: Reference No. 1 denotes a physical inspection and therefore is not in the form of a written document). Emerson .Annexation INI'I1.A I. STUDY Page 14 1. Site visits to annexation area by Larry Lawrence, project manager for City of Newport. 2. Report to Local Agency Formation Commission re Annexation Applications by Newport Beach and Costa Mesa of Area 7, by Dana Smith, LAFCO Executive Officer, September 16, 2002. 3. Final Program EIR — City of Newport Beach General Plan. 4. General Plan, including all Elements, City of Newport Beach. 5. Zoning Code, Title 20 of the Newport Beach Municipal Code. 6. Zoning Code and Districting Maps, County of Orange. 7. City F-xcavation and Grading Code, Newport Beach Municipal Code. 8. Community Noise Ordinance, Chapter 10.28 of the Newport Beach Municipal Code. 9. Air Quality Management Plan, South Coast Air Quality Management District, 1997. 10. Air Quality Management Plan EIR, South Coast Air Quality Management District, 1997. B. EXPLANATION OF CHECKLIST RESPONSES: In all cases, the selection of the Checklist response was the product of the data sources listed above, followed by careful consideration of potential impacts from the project under the definitions and procedures of the California Environmental Quality Act (CEQA) Statute and Guidelines. No potentially significant impacts were found. "No Impact' and "No Significant Impact' responses were given in all categories because the change in jurisdiction from the County of Orange to the City of Newport Beach will not result in any environmental effect. Any impacts on air quality, biological resources, water quality, or other categories are the result of existing development, which will not change as a result of the change in jurisdiction. Notwithstanding the lack of significant impact found, the following sections contain further explanations of responses in the salient areas of Land Use and Planning, Public Services, and Utilities and Service Systems. • LAND USE AND PLANNING The proposed annexation area is not included on the City of Newport Beach General Plan and Zoning M aps. Therefore, general p Ian a nd p rezoning a ctions by the City of N ewport Beach have been made part of the present annexation project (see page 1 of this Initial Study). The intent of these applications is to retain comparable land use and zoning regulations as those presently in effect under the County. Thus, in terms of land use and planning, the net result of the annexation will be a less- than - significant environmental impact. • PUBLIC SERVICES: 1. Fire and Police - Fire protection services will transfer from the Orange County Fire Authority to the Newport Beach Fire and Marine Department and police services will transfer from the Orange County Sheriff to the Newport Beach Police Department. The existing levels of service for both Emerson Annexation INITIAL STUDY Page 15 fire and police protection will be maintained or improved because of the closer proximity of City offices and facilities than is now the case under County jurisdiction. 2. Other Services - Other public services and facilities, such as administrative, recreation, code enforcement, planning, public works and others will remain unchanged or possibly improve because of the closer proximity of City offices and facilities than is now the case. From the above information, the net effect on public services from the annexation will be a less- than - significant impact. • UTILITIES AND SERVICE SYSTEMS: Utility systems are already in place for this built -out area. Water facilities and service are provided by the Mesa Consolidated Water District. Sewage collection is provided by the Costa Mesa Sanitary District. Sewage treatment is provided by the Orange County Sanitation Districts. Solid waste is collected by a private firm, Waste Management Inc. It is intended that these facilities and services remain with the current providers after annexation. Thus, there will be no impact on water, sewer, wastewater treatment, solid waste disposal, or other utility systems as a result of the annexation, and service will continue uninterrupted. The net effect on utilities and service systems from the annexation will be a less- than - significant impact. MAP OF ANNEXATION AREA VO1.rA NASA," i „.' ' PROPOSED EIAERSON STREET ANNEXAT10N �P Emerson Annca ion INITIAL STUDY Page 16 ATTACHMENTS: COMMENTS FROM OTHER AGENCIES LAF August S, 2003 .ac ex:c.rra Patricia L. Temple, .Plartning Director Ohl VE c. City of Newport Beach 7t$i9,.U,1.:1r., -1 ;V.41ts;o : 6s, ut= 3300 Newport Boulevard — P.O. Box 176$ � N wvpon Beach, CA 92658 -8915 CHAPLET, ♦NtTil RE: Comments on Initial Studyrl\legative Declaration Genera: Plan Amendment, Pre-zoning. Sphere of Influence Amentlnion and Atn;:=:al;t n gavnwt ! ARFS.vK T'!'£ of Wesi Santa Ana t4dighls, Santa Ana Country Club, and the area sou11": . .CFI'\• 4 'A HILLS Mesa Drive to the City of Newport Beach FETER HauA>,: Dear (its. Temple, S,t "1 •+ within the Negative Declaration appears to include pmTeriy locate(! ,\-:ih:n -rt of _ .E "At >; the northern portion of the Newport Beach C o:t COursc. This I:: Thank you for the opportunity to comment on the above- referenced St SAN St S ^` "'L'w'" env-itonmeriml document. As a. re iponsible agency tot the future d Vc,- Ww L' f L�;f this area, LAFCO has reviewed the Initial Study-Negaiivv Declaration and has t c following comments. TIN,tIaT \. i, lLiO! grourid in the event ofaircrnfi z;.ashlts. lfA.kA :N, SNI"I For clarification and background for the reade-. the "Existing Coridil.ons Land Use and Development" se.tion on rage _ of the h:idal Stud) MH. P. WirHrHS reference that the subject ro ett is eurrentl located within the l ,:;u: 3 p P }. �. :a \'mot A.,...s,:; „.r -sa. Mesa Sphere of Infiueneal and that a competing annexation apph.at�o:t t... the West Santa Ana.iiviglns area to the City o:• Costa Ntesa Is C:l tcl ti o: file with Lk'CO. moow.R r lUi F w Portions of the subject territory are locctnd within. the Salts An.i H _.c:: s Redevelopment Project Area. The Negative Declaration shouic reiercnc_ y Tlx discuss hew annexation would irr!pact udminisu`alum a nitnn. N., t.r this and puten!ial AI'PRFSi ♦ C k:.\ F OF the ft:dCVClopment p %ec: a; ca. 0 VFR,. , u:.c I.; (:ivu C:crttr Plea_ rc.:wm :3;. Santa Arta, CA `1'_:s htq)- ..w ".w=Rt.tafca ca y:, 3. The proposed annexation and sphere of influence: bound i-'v mcludcd S,t "1 •+ within the Negative Declaration appears to include pmTeriy locate(! ,\-:ih:n ss'E it( r•`: "::"I the northern portion of the Newport Beach C o:t COursc. This I:: owned by the County of Orange John Wayne Al;wr and 1:i o', k" la!;! h:. \LtEAA Fi! CHAALFT "al Nn the airport's Rahway Protection Zone (RPZ i. A cordin, w3 .' a 1'C: 'a rai Aviation Administration. an RPZ is territory I(,cate:7 bo,'or.c inn as airport runway that is designed to protect peopie and propc - tl ik grourid in the event ofaircrnfi z;.ashlts. lfA.kA :N, SNI"I This area is currently located within the Costa Mesa Spberc tC `r.!?:.::r.: I.; (:ivu C:crttr Plea_ rc.:wm :3;. Santa Arta, CA `1'_:s htq)- ..w ".w=Rt.tafca ca y:, atf test s• 2003 XI': Came ;eats— tie�utive7Jsc7urutirur Page ) When evaluating amendments to Spheres of Influence, there are four factors that LAIC'O is statutot ly required to consider (Government Code Section 56126.$): Present and planned land uses in the area, including agricultural and anon Space lands. Present and probable nccd for public facilities and services in tnc r Present capacity of public facilities and adequacy of public services that the agency provides or is authorized to prop idc. s Existence of any social or economic communities of interest in the area it the commission determines that they are rele•rant to the agency. Including this area ii ithin the City's proposed annexation appears to conflict with the County's Guidelines for Annexations and incorporations, adopted by the Board or Supcn tsors on October'. 199:', which outlines the Couatv`s intention to onoosc annexation requests -e:hich impact regicnal facilities necessary for core business functions. Tl you have any questious or concerns, please contact me either by email at baidricir(z ?:grannc.lrtfco.c �.e�+ orb }• phone at 1,714} 8311-2556. Sincerely, v Bob Aldnch assistant Executive Oilicer )RANGE 'COUNTY _ August 11, 2003 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 ,airway Avenue • Costa Mesa, California 92626 - 9492S2.5170 fax: 949.252.6012 Ms. Patricia L Temple, Planning Director Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Subject: Negative Declaration: Project PA 2003 -149, General Plan Amendment GP 2D03 -005 and Code .Amendment CA 2003 -006 for the Annexation of West Santa Ana Heights Dear Ms. Temple: As Executive Officer of the Airport Land Use Commission (ALUC) for Orange County. T wish to offer the following comments in response to your City's Notice of Intent to Adopt a Negative Declaration in support of the subject General Plan Amendment /annexation project. The Negative Declaration should address the relationship of the project area to the ALUC "s adopted planning areas for aircraft noise impacts, safety on the ground, and safety aloft (height restrictions vis a vis the navigable airspace) as applicable. These planning areas are described and depicted in the Airport Environs fxrnd Use Plan (AGLUP) for John Wayne Airport dated December 19, 2002, a copy of which was provided to your department in February of this year. Similarly, corresponding airport - compatible planning policies, guidelines, and criteria are presented in the Caltrans/Division of Aeronautics f;alifonda Airport Land U.w Pkinning Handhtmk, The Handhouk is required by California statute (Public Resources Code, Section 2100, to be used by lead agencies as a technical resource for CEQA clearance documents, when applicable. Also, the AELUP and the Hundhrx)k should be listed in the Negative Declaration under "Source References." Perhaps more importantly, please note per Section 2 [676(b) of the California Public Utilities Code, the City must submit its proposed General Plan Amendment and Zoning Code Amendment (prezoning) to the ALUC for a Determination of Consistency of Inconsistency with the AFLI.IT, prior to project approval by the Newport Beach City Council. Sincerely, Joan S. Golding Executive Officer cc: Larry Lawrence, Project Manager t11, V7 �Vt Ii August 11,200 3 ir..n,, :Coir.n.0 'can" f Alan I.'AurphY I Ms. Patricia L. Temple .Airyxrt f?irrchx Planting Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 i1lit!An. aY i_us;a .,M1• a.GA y;ez : -arrb 9,us.zsn; t 4 »9.25:.5178 ;,ax �vwr.uCair.�rml 1r Subject: General plan amendment, prezoning, sphere of influence amendment, and annexation of West Santa Ana Ileiglnts, the Santa Ana Country Club and the area south of Mesa Drive to the City of Newport Beach Dear Ms. Temple: Thank you for the opportunity to comment on the _proposed Negative Declaration for the Project PA 2003 -149: General Plan Amendment GP 2003 -005 and Code Amendment CA 2003 -006 (Area 7 .Annexation). As you may be aware, we have been discussing Newport Beach's proposed arutexation of the West Santa Ana lleights area with City staff. We are pleased that the City has agreed that the Newport Beach Golf Course portion of the annexation boundary shown on your Initial Study 'Map of Annexation Area" will not be included as part of the proposed project for purposes of the City's General Plan Amendment and Annexation/Sphere of Influence (SO]) application. The northerly portion of The Newport Beach Golf Course is owned by the County of Orange John Wayne Airport. This portion of the golf course is an integral part of the Airport since the Runway Protection Zone (RPZ) overlies the golf course. We are aware of the "competing" annexation/SOI application by the Ciry of Costa Mesa. We previously requested that the Costa Mesa Sphere of Influence which currently covers a portion (approximately 22 acres) of the Newport Beach Golf Coarse be deleted from Costa Mesa's LAFCO annexation application It is our understanding that the City of Costa Mesa has agreed to request that the Local Agency Formation Commission (LAFCO) amend their application to remove the SOI shown overlying the Newport Beach Golf Course. This would result in the JWA- owned portion of the golf course remaining unincorporated and not in an SOL The northerly portion of the Newport Beach Golf Course (NBGC) is a unique situation in the proposed annexation areas. As previous ?y indicated. this area is an Airport RPZ. FAA Regulations (AC 150153300-11) indicate that the function of the RPZ is to enhance the protection of people and property on the ground. The N4-9. Patricia Temple Page 2 August 11, 2003 Regulations tote that this "is achieved through airport owner control over RP-ls.'- The special circumstances which apply to the Airport-owned property and what distinguishes it from privately -owned property in the area, inchrde the policies adopted by the County of Change and the cities of Change County with respect to guidelines for annexations and incopomions. It has been agreed that while areas within recognized SOls reflect the long-term service delivery boundaries for a city, those areas that include regional facilities and are part of the County's arrc business functions would remain unincorporated. Again. thank you for discussing this important issue with the Airport and agreeing thar rhe.ltl A- ow ed portion of the NBGC will not he part of the C'itg's General Plan Amendment and AttnexatiorJSphere of Influence processes. The enclosed map depicts (in gold hatching) the area of concern described above. Sincerely. (a an L. Murphy Airport Director Fnclosure: Map of 1w'A and Proposed Costa Mesa and Newport Beach Annexation Area cc: Allan Roeder, City Manager; Costa Mesa r/ harp Lawrence; Project Manager. Newport Beach �l lwz 0 U41C 04tuj<4u CL 0. CA< Qq 4J.. V�0 Ju oo IL S Uiz z z CZ 0 Qz LL 0 04 C19 �l