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HomeMy WebLinkAbout10 - Santa Ana Heights REQ AmendmentsCITY OF °� mz NEWPORT BEACH C9C /Fp0.N`P City Council Staff Report Agenda Item No. 10 June 25, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Benjamin M. Zdeba, Assistant Planner APPROVED: p, TITLE: Initiation of an Amendment to the Santa Ana Heights Residential Equestrian District ABSTRACT: The Residential Equestrian (REQ) District of the Santa Ana Heights Specific Plan requires residents keeping three to six horses for recreational purposes to obtain an annual use permit. Previous City Council direction was to remove the requirement for the annual use permit; however, the appropriate steps were not taken. The proposed amendment to the Santa Ana Heights Specific Plan has been drafted for Council's initial review. Should Council wish to proceed with the amendment process, the appropriate requests will be made to the County of Orange Board of Supervisors and the Orange County Successor Agency' pursuant to Council Policy K -6 (Attachment CC 1). RECOMMENDATION: Authorize the Mayor to send the attached correspondence and draft ordinance to the Orange County Board of Supervisors and Successor Agency requesting consent to amend the Santa Ana Heights Specific Plan to delete the requirement for an annual use permit relative to the keeping of three to six horses in the REQ (Residential Equestrian) district. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. ' The Orange County Development Agency was disbanded as part of Assembly Bill AB 1X 26 and has been replaced in the interim by the Orange County Successor Agency. 1 Initiation of an Amendment to the SAH REO District June 25, 2013 Page 2 DISCUSSION: On September 10, 2002, the City of Newport Beach entered into a Pre - Annexation Agreement with the County of Orange Board of Supervisors ( "County ") and the Orange County Development Agency ( "Agency ") that specified the terms of annexation of Santa Ana Heights to the City of Newport Beach. Included in the agreement is a requirement that prior to any General Plan Amendment or Specific Plan Amendment, the City must first seek permission to proceed with the amendment from both the County and Agency2. East Santa Ana Heights and West Santa Ana Heights were subsequently annexed to the City in July 2003 and May 2006, respectively. The Santa Ana Heights Specific Plan includes zoning regulations with respect to land use and development and includes parameters for the recreational keeping of horses within the REQ (Residential Equestrian) and RSF (Single - Family Residential) districts (Attachment CC 2). Additionally within the REQ district, residents wishing to keep between three and six horses are required to obtain an annual use permit. Since the annexations, the City has not established a procedure for issuing the annual use permits and, consequently, no such permits have been issued. In April 2010, Council directed staff to initiate the process to amend the Santa Ana Heights Specific Plan to remove the annual use permit requirement. However, staff did not send the appropriate requests to the County and Agency to obtain written consent to proceed with the amendment process. In response to Council's previous direction, staff has drafted an ordinance which would amend the zoning regulations by simply removing the annual use permit requirement while maintaining the current property maintenance standards and the maximum number of horses allowed based on parcel sizes (Attachments CC 3 and CC 4). Although residents will not be required to obtain an annual use permit, staff believes these zoning standards and limitations can be enforced by the City's Code Enforcement Division thereby preserving the quality of life in the overall community. Staff has prepared a letter to both the County and Agency requesting consent to proceed with the amendment (Attachment CC 5). If the County and Agency provide the required consent, staff will schedule the draft ordinance for Planning Commission and City Council review and action. 2 Section 2.1 of the Pre - Annexation Agreement States: `After the CITY's annexation of the Annex Area, the CITY shall not amend its General Plan as it pertains to the Annex Area or the Specific Plan without the prior written consent of the COUNTY and AGENCY..." 2 Initiation of an Amendment to the SAH REO District June 25, 2013 Page 3 ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. IIWE0 row IJre's The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice was also sent to property owners of lots within the REQ district and those in the RSF district immediately adjacent to the REQ. Submitted by: Kimberly Brand , AICP Director Attachments: CC 1 City Council Policy K -6 CC 2 RSF and REQ Districts Map CC 3 Draft Ordinance CC 4 Administrative Draft CC 5 Letters to the County and Agency 3 4 Attachment No. CC 1 City Council Policy K -6 5 0 CHANGES TO THE SANTA ANA HEIGHTS SPECIFIC PLAN OR TO ASPECTS OF THE GENERAL PLAN THAT RELATE TO THE SANTA ANA HEIGHTS SPECIFIC PLAN PURPOSE K -6 The purpose of this Policy is to establish a process for City staff and others to follow when staff, community groups, or residents propose a change to the Santa Ana Heights Specific Plan. A Pre - Annexation Agreement dated September 10, 2002 between the City and the County of Orange (its Board of Supervisors and the Orange County Development Agency) generally directs that written consent of the County be obtained before an amendment to the Santa Ana Heights Specific Area Plan or any changes to the City's General Plan that relate to the Santa Ana Heights Specific Plan can become effective. POLICY It is the policy of the City that this process be followed when considering any amendment to the Santa Ana Heights Specific Plan or any amendment to the City's General Plan that may relate to the Santa Ana Heights Specific Plan: A. The proponent of the amendment (City staff, City Council, the Santa Ana Heights Project Advisory Committee [PAC], or individual residents) shall request consideration of the specific amendment in writing with a letter addressed to the City, the PAC and to the Orange County Board of Supervisors. B. If requested by the County, the PAC shall hold a public meeting to discuss the proposed amendment. Following the public discussion, PAC shall conduct an . advisory vote on the proposed amendment. C. The County shall be requested to offer its position on the proposed amendment in any formal, public manner that the County sees fit. D. If approved by the County, the City Council shall consider the proposed amendment during a regular session of the City Council. The Council's consideration of the proposed amendment shall comply with the Newport Beach Municipal Code and the City Charter as they relate to the adoption of ordinances or General Plan amendments. Nothing in this Policy obligates the City Council to approve any proposed amendment approved by PAC or the County. 1 7 K -6 E. In the Coastal Zone, no amendment to the certified Local Coastal Program shall become effective until adopted by the California Coastal Commission, pursuant to the provisions of the California Public Resources Code and the California Coastal Commission Administrative Regulations. Adopted - May 9, 2006 2 2 Attachment No. CC 2 RSF and REQ Districts Map I 10 O� 2� v` IRVINE AVE l VIP GP P *1 L O� )P 0 REQ -Residential Equestrian RSF - Residential Single Family \ SP -7 - Other designations SP -7 Boundary 0 250 500 mmmmz= Feet Santa Ana Heights Specific Plan (SP -7) e REQ and RSF Land Use Designations 12 Attachment No. CC 3 Draft Ordinance 13 14 ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING ZONING CODE AMENDMENT NO. CA2013- AMENDING SECTION 20.90.060 (RESIDENTIAL EQUESTRIAN DISTRICT: SP -7 (REQ)) REMOVING ANNUAL USE PERMITS FOR THE KEEPING OF THREE TO SIX HORSES IN THE REQ (RESIDENTIAL EQUESTRIAN) DISTRICT OF THE SP -7 (SANTA ANA HEIGHTS SPECIFIC PLAN) ZONING DISTRICT (PA2013 -114). WHEREAS, on September 10, 2002, the City entered into a Pre - Annexation Agreement with the Orange County Board of Supervisors ( "County ") and the Orange County Development Agency (now Successor Agency, "Agency ") that specified the terms of annexation of the area known as Santa Ana Heights to the City. Section 2.1 of this agreement requires the City to receive the written consent of the County and the Development Agency prior to proceeding with any amendments to the Santa Ana Heights Specific Plan. WHEREAS, in July of 2003 and May of 2006, East Santa Ana Heights and West Santa Ana Heights were annexed into the City and continued to be subject to the Santa Ana Heights Specific Plan Area Regulations as well as the Annexation Agreement. WHEREAS, the Santa Ana Heights Specific Plan requires a property owner or tenant within the REQ (Residential Equestrian) District to obtain an annual use permit for the recreational keeping of three to six horses over the age of eight months on a single property. WHEREAS, on June 25, 2013, the City Council reaffirmed its intent to remove the requirement for an annual use permit and authorized the Mayor to send correspondence to the County and Agency requesting consent to amend the Specific Plan. WHEREAS, the County provided written consent to proceed with the proposed amendment on , 2013. WHEREAS, the Agency provided written consent to proceed with the proposed amendment on , 2013. WHEREAS, the Planning Commission conducted a public hearing on 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. WHEREAS, on 2013, the Planning Commission adopted Resolution No. recommending City Council adoption of Code Amendment No. CA2013- which removes the requirement to obtain annual use permits for keeping of three to six horses. WHEREAS, a public hearing was held by the City Council on , 2013, in the 15 City Council Ordinance No. 2013 - Paqe 2 of 6 City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 20.90.060.D is hereby amended to read as follows: "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 including: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. 5. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless otherwise approved through a comprehensive sign permit or modification permit in accordance with Chapter 20.42 and Part 5 of this title. 6. Home occupations per Section 20.48.110. 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 up to the age of eight months): Size of Building Site (sq. ft.) Maximum Number Permitted Less than 10,000 1 10,000 to 15,000 2 Greater than 15,000 3 to 6" Subject to compliance with the property maintenance standards in subsection (G) of this section. Tmplt: 12/1512011 10 City Council Ordinance No. 2013 - Paqe 3 of 6 c. Goats, sheep, pigs and cows only on building sites greater than fifteen thousand (15,000) square feet in size and limited to: (i) no more than two adult animals of any one species per building site and (ii) 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: * Required for covered portions of structures only. 8. Granny unit, attached or detached, in conformance with Section 20.48.200, subject to the approval of a minor use permit per Part 5 of this title. 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District." Tmplt: 12/1512011 17 From Property Line From From Ultimate Abutting RSF Property Line Street Right- or BP Abutting REQ of -Way Line Districts District Front Side Front Side Front Side All structures housing animals (e.g., 50 20 25 25 5* 5* corrals, pens, stalls, cages, doghouses) Exercise areas 25 10 0 0 0 0 * Required for covered portions of structures only. 8. Granny unit, attached or detached, in conformance with Section 20.48.200, subject to the approval of a minor use permit per Part 5 of this title. 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District." Tmplt: 12/1512011 17 City Council Ordinance No. 2013 - Page4of6 Section 2: Section 20.90.060.G is hereby amended to read as follows "G. Property Maintenance Standards. Tmplt: 12/1512011 1. Purpose and Intent. Within the REQ District, most lots are relatively small (less than one -half acre), narrow (sixty -six (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 adopt property maintenance standards for the noncommercial keeping of horses and ponies for the purpose of ensuring compatibility with surrounding land uses. 2. The following standards shall apply to building sites with three (3) to six (6) horses and /or ponies over the age of eight months a. The property owner or tenant shall initiate and maintain a program of proper manure management. The property owner or tenant shall 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. 51111111111&1mell ie,WI 11■. .T�1i1I'tR :ti , 1iTli 11 of twenty -five (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 Wr 7 City Council Ordinance No. 2013 - Page 5 of 6 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 cannot be immediately accomplished shall be reported to City Animal Control." Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: This action shall become final and effective thirty days after the adoption of this Ordinance. Section 5: The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 1506(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2013, and adopted on _day of 2013, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR Keith D. Curry Tmplt: 12/1512011 19 City Council Ordinance No. 2013 - Page 6 of 6 r,411111r� -1n Leilani Brown, City Clerk APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: Aaron Harp, City Attorney For the City of Newport Beach z \ Tmplt: 12/1512011 20 Attachment No. CC 4 Administrative Draft 21 22 ADMINISTRATIVE DRAFT May 31, 2013 20.90.060 Residential Equestrian District: SP -7 (REQ). A. Purpose and Intent. The SP -7 (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. 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. Residential care facilities, small licensed. c. Parks, playgrounds, and athletic fields (noncommercial). d. Riding and hiking trails. e. Small family child care homes (see Section 20.48.070, Day Care Facilities (Adult and Child)). 2. The following principal uses are permitted subject to the approval of a minor use permit per Part 5 of this title: a. Communication transmitting, reception, or relay facilities. b. Public /private utility buildings and structures. c. Large family child care homes (see Section 20.48.070, Day Care Facilities (Adult and Child)). 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of this title: a. Fire and police stations. 2_2� b. Churches, temples, and other places of worship. c. Educational institutions. d. Libraries. e. 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 of a limited term permit per Part 5 of this title: 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 including: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. 5. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless otherwise approved through a comprehensive sign permit or modification permit in accordance with Chapter 20_42 and Part 5 of this title. 6. Home occupations per Section 20.48.110. 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. 24 b. Horses and ponies, limited to the following (offspring exempt up to the age of eight months): Size of Building Site (sq. ft.) Maximum Number Permitted Less than 10,000 1 10,000 to 15,000 2 Greater than 15,000 3 to 6 •°" * * Use Pe•T"S shall be pFeGPs` Pd OR ..,., 0FEl....,.,. with Subject to comoliance with the property maintenance standards in subsection (G) of this section. c. Goats, sheep, pigs and cows only on building sites greater than fifteen thousand (15,000) square feet in size and limited to: (i) no more than two adult animals of any one species per building site and (ii) 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: * Required for covered portions of structures only. 215 From Ultimate From Property From Property Street Right -of- Line Abutting RSF Line Abutting REQ Way Line or BP Districts District Front Side Front Side Front Side All structures housing animals (e.g., corrals, pens, 50 20 25 25 5* 5* stalls, cages, doghouses) Exercise areas 25 10 0 0 0 0 * Required for covered portions of structures only. 215 8. Granny unit, attached or detached, in conformance with Section 20.48.200, subject to the approval of a minor use permit per Part 5 of this title. 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. 1. Building Site Area. Nineteen thousand eight hundred (19,800) square feet minimum. (Minimum site area does not apply to parcels in existence prior to October 1986.) 2. Building Height. Thirty -five (35) feet maximum. Roof- mounted mechanical equipment shall not be visible from any existing dwelling unit located three hundred (300) feet or less from the subject building site. 3. Building Setbacks. a. Front Setback. Twenty (20) feet minimum. b. Side Setback. Five feet minimum. c. Rear Setback. Twenty -five (25) feet minimum. 20 4. Off - Street Parking. Per Chapter 20.40. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. G. Property Maintenance Standards. 1. Purpose and Intent. Within the REQ District, most lots are relatively small (less than one - half acre), narrow (sixty -six (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 adopt Property maintenance standards 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 27 3-2 PeFFni* Regulat eRs. The following standards F^, atieRs shall apply to building sites with three (3) to six (6) horses and /or ponies over the age of eight months : a. The property owner or tenant shall initiate and maintain a program of proper manure management. The property owner or tenant shall 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 twenty -five (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 cannot 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 twenty -five (25) percent of the value of the existing residence. Dumpsters shall be effectively screened from view from the street right -of -way with appropriate ON screening material, i.e., block wall or wood fencing at a minimum height to completely screen the container. �9 so Attachment No. CC 5 Letters to County and Agency 31 �2 June 26, 2013 Honorable Chair Shawn Nelson and Members of the Board of Supervisors County of Orange 333 W. Santa Ana Blvd., Room 465 P.O. Box 687 Santa Ana, CA 92702 -0687 RE: Proposed Amendment to the Santa Ana Heights Specific Plan Regarding Use Permits for the Keeping of Three to Six Horses in the Residential Equestrian District Honorable Chair Nelson and Supervisors, The City of Newport Beach hereby submits for your consideration a proposed ordinance amending the Santa Ana Heights Specific Plan ( "Specific Plan ") in respect to the Residential Equestrian District (REQ) and the keeping of three to six horses and /or ponies. This Specific Plan amendment is submitted to you pursuant to Newport Beach City Council Policy K -6 and Section 2.1 of the September 10, 2002 Pre - Annexation Agreement entered into between the City and the County. Currently, the Santa Ana Heights Specific Plan requires a property owner or tenant in the REQ District to obtain an annual use permit if that person keeps three to six horses and /or ponies over the age of eight months on a single property. The Specific Plan also contains several property maintenance standards that apply to properties with three to six horses. Since annexation, the residents have voiced concerns that the annual use permit requirement is overly burdensome and unnecessary to ensure code compliance. It is the City of Newport Beach's intent to remove the use permit requirement, but retain the property maintenance standards. We are confident that the existing limitation of the number of horses and /or ponies and the property maintenance standards can be enforced without the issuance of an annual use permit. Attached is a copy of the draft ordinance, as well as an administrative draft of the proposed changes in a red -lined version. Section 2.1 of the Pre - Annexation Agreement requires the City to receive the written consent of the County and the Development Agency (now Successor Agency) prior to proceeding with the proposed ordinance. In order to facilitate the timely processing of the proposed ordinance, the City respectfully requests written authorization to proceed by August 30, 2013. During your review we are available to answer your questions regarding the proposed ordinance. You may 33 direct your questions to Community Development Director Kim Brandt at 949- 644 -3226. Thank you for your consideration of the proposed ordinance. Sincerely, Keith Curry Mayor City of Newport Beach Enclosure: Draft Ordinance Administrative Draft cc: Dave Kiff, City Manager Kimberly Brandt, Community Development Director Aaron Harp, City Attorney 34 June 26, 2013 Honorable Chair William G Successor Agency 1770 North Broadway Santa Ana. CA 92706 Steiner and Members of the Orange County RE: Proposed Amendment to the Santa Ana Heights Specific Plan Regarding Use Permits for the Keeping of Three to Six Horses in the Residential Equestrian District Honorable Chair Steiner and Members, The City of Newport Beach hereby submits for your consideration a proposed ordinance amending the Santa Ana Heights Specific Plan ( "Specific Plan ") in respect to the Residential Equestrian District (REQ) and the keeping of three to six horses and /or ponies. This Specific Plan amendment is submitted to you pursuant to Newport Beach City Council Policy K -6 and Section 2.1 of the September 10, 2002 Pre - Annexation Agreement entered into between the City and the County. Currently, the Santa Ana Heights Specific Plan requires a property owner or tenant in the REQ District to obtain an annual use permit if that person keeps three to six horses and /or ponies over the age of eight months on a single property. The Specific Plan also contains several property maintenance standards that apply to properties with three to six horses. Since annexation, the residents have voiced concerns that the annual use permit requirement is overly burdensome and unnecessary to ensure code compliance. It is the City of Newport Beach's intent to remove the use permit requirement, but retain the property maintenance standards. We are confident that the existing limitation of the number of horses and /or ponies and the property maintenance standards can be enforced without the issuance of an annual use permit. Attached is a copy of the draft ordinance, as well as an administrative draft of the proposed changes in a red -lined version. Section 2.1 of the Pre - Annexation Agreement requires the City to receive the written consent of the County and the Development Agency (now Successor Agency) prior to proceeding with the proposed ordinance. In order to facilitate the timely processing of the proposed ordinance, the City respectfully requests written authorization to proceed by August 30, 2013. During your review we are available to answer your questions regarding the proposed ordinance. You may direct your questions to Community Development Director Kim Brandt at 949- 644 -3226. 35 Thank you for your consideration of the proposed ordinance. Sincerely, Keith Curry Mayor City of Newport Beach Enclosure: Draft Ordinance Administrative Draft cc: Dave Kiff, City Manager Kimberly Brandt, Community Development Director Aaron Harp, City Attorney so