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HomeMy WebLinkAbout03 - Area 7 and Emerson AnnexationJanuary 27, 2004 Council Agenda Item # 3 0 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PREZONING FOR "AREA 7" AND THE EMERSON AREA PRECEDENT TO THEIR ANNEXATION TO THE CITY [CA 2003 -006 and CA 2003 -007] WHEREAS, the City Council of 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 the city; and WHEREAS, the California Government Code requires zoning to be consistent with a city's general plan designations on property; 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 prezonings and related items and forwarded them to the City Council with a recommendation of adoption; and WHEREAS, on January 13, 2004, the City Council 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 preceding public hearings. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: ENVIRONMENTAL REVIEW. 1. Pursuant to CEQA Guidelines Section 15063, Initial Studies have been prepared for the projects. After reviewing the Initial Studies and the draft Negative Declarations, designated by reference as Exhibits ND -1 and ND -2 of • this Resolution as if completely contained herein, and all comments received during the public review process, the City Council determines that the projects will not have a significant impact upon the environment and accordingly adopts the Negative Declarations, reflecting the independent judgment of the City of Newport Beach. All records pertaining to this environmental determination are retained in the Planning Department of the City of Newport Beach. 2. Pursuant to Title 14, California Code of Regulation Section 753.5(c)(1), the City Council 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 City Council 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 City Council determines that the projects are not required to pay Fish and Game Department filing fees. SECTION 2: ZONING AMENDMENT. 1. CA 2003 -006: Area 7. The City Council 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 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. 2 d. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the City Council hereby approves 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. 2. CA 2003 -007: Emerson Area. The City Council 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 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 City Council hereby approves CA 2003- 007, consisting of the following: K Amendment to the applicable zoning Districting Map, adding the Emerson Area and zoning the land therein as shown on Exhibit ZA-4 attached hereto. 3. The City Council hereby stipulates that the approval of the amendments set forth in this Resolution shall become effective only if the annexations described hereinabove are approved by the Orange County Local Agency Formation Commission. SECTION 3: 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 January 13, 2004 and adopted on January 27, 2004 by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS 0 MAYOR 0 • EXHIBIT ZA -1: AMENDMENTS TO ZONING CODE TEXT RELATING TO AREA 7 Page 20.00 -1 General Provisions 20.00.010 Title This title shall be known as the "City of Newport Beach Zoning Code" and referred to as the "Zoning • Code." 20.00.015 Purpose This code is intended to promote the growth of the City of Newport Beach in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare, and to protect the character and social and economic vitality of all districts within the City, and to assure the orderly and beneficial development of such areas. 20.00.020 Establishment of Districts The Zoning Code establishes zoning districts and regulations for the use of land and development of property for all the territory within the boundaries of the City. 20.00.025 Compliance Required No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this code and all other ordinances, laws and maps referred to therein. 01/27/04 CHAPTER 20.00 • GENERAL PROVISIONS Sections: 20.00.010 Title 20.00.015 Purpose 20.00.020 Establishment of Districts 20.00.025 Compliance Required 20.00.030 Effect and Intent 20.00.035 Permits or Licenses 20.00.040 Base Districts Designated 20.00.045 Overlay Districts Designated 20.00.050 Map Adopted by Reference 20.00.055 District Symbols 20.00.060 Illustrations 20.00.065 Rules for Interpretation 20.00.010 Title This title shall be known as the "City of Newport Beach Zoning Code" and referred to as the "Zoning • Code." 20.00.015 Purpose This code is intended to promote the growth of the City of Newport Beach in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare, and to protect the character and social and economic vitality of all districts within the City, and to assure the orderly and beneficial development of such areas. 20.00.020 Establishment of Districts The Zoning Code establishes zoning districts and regulations for the use of land and development of property for all the territory within the boundaries of the City. 20.00.025 Compliance Required No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this code and all other ordinances, laws and maps referred to therein. 01/27/04 J • Page 20.00 -2 General Provisions 20.00.030 Effect and Intent When interpreting and applying the provisions of this code, it shall be held to represent the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by the adoption of this code to repeal or in any way to impair or interfere with any existing provision of law of the City of Newport Beach, or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any legal building or improvement; nor is it intended by this code to interfere with or annul any easement, covenant, or other agreement between parties; provided, however, that in cases in which this code imposes greater restrictions than are imposed or required by other easements, covenants or agreements, than in such cases the provisions of this code shall control. 20.00.035 Permits and Licenses Permits and Licenses Not Affected. Nothing herein contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license or both to cover any business, trade or occupation. Permit, License, Plan Check and Inspection Fees. The fee for each permit, license, plan check and inspection shall be established by resolution of the City Council. 20.00.040 Base Districts Designated A. The base zoning districts established are as follows: Residential - Agricultural (R -A) District Single - Family Residential (R -1) District Restricted Two Family Residential (R -1.5) District Two Family Residential (R -2) District Medium Density Residential (MDR) District Multi - Family Residential (MFR) District Retail Service Commercial (RSC) District Neighborhood Commercial (CN) District Administrative, Professional, & Financial Commercial (APF) District Recreational & Marine Commercial (RMC) District Manufacturing District (M -1) District Controlled Manufacturing (M-1 -A) District Industrial Business Park (IBP) District Government, Educational, and Institutional Open Space (OS) District Specific Plan (SP) District Planned Community (PC) District Facilities (GEIF) District 01/27/04 Page 20.00 -3 General Provisions B. References to Classes of Base Districts. References to R districts refer to all • residential districts; references to C districts refer to all commercial districts; and references to I districts refer to all industrial districts. References to residential, commercial and industrial districts also refer to the corresponding portions of mixed use districts, unless otherwise noted. 20.00.045 Overlay Districts Designated In addition to the base districts established above, the following overlay districts are established which, when combined with the above base districts, establish additional special regulations: Specific Plan (SP) Overlay District B Overlay District Mobile Home Park (MHP) Overlay District Residential (R) Overlay District Site Plan Review (SPR) Overlay District Planned Residential Development (PRD) Overlay District IS (IS) Overlay District Parking Management (PM) Overlay District 20.00.050 Map Adopted by Reference The designations, locations and boundaries of the zoning districts established by this code shall be shown upon the maps entitled "Districting Map for the City of Newport Beach, California" Any additional maps subsequently adopted and all notations and information thereon are hereby made a part of this code by reference. 20.00.055 District Symbols In addition to the district designations established under Sections 20.00.040 and 20.00.045, the following symbols are established for the purpose of designating floor area limitations and residential densities. When these symbols are placed on the Districting Maps, the floor area and dwelling unit limitations as illustrated shall apply. The symbols and limitations shall be shown in the following manner: A. A number following the district symbol and enclosed by brackets shall designate the maximum floor area ratio permitted in relation to the buildable area of the site or the total number of square feet permitted for the area designated. Where the number of square feet, rather than floor area ratio is specified, the number of square feet shall be followed by the letters sf. . Examples: "RSC [0.51" shall indicate that a fixed floor area ratio of 0.5 is 0127/04 Page 20.004 General Provisions • permitted, as provided under Section 20.63.040 (A). "RSC [0.5/.75]" shall indicate that a floor area ratio of 0.5 is permitted for Base FAR uses with a maximum floor area ratio of 0.75 permitted for Maximum FAR Uses, as provided under Section 20.63.040 (B). "RSC [5,200 sf]" shall indicate that a total of 5,200 square feet of development is permitted in the area specified. B. 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 or the total number of dwelling units permitted for the area designated. Where the number of dwelling units, rather than square feet of land area per unit, is specified, the number of units shall be followed by the letters du. Examples: "MFR (2178)" shall indicate that one dwelling unit is permitted for each 2,178 square feet of land area included in density calculations per Section 20.60.045; "MFR (28 du)" shall indicate that a total of 28 dwelling units are permitted in the area specified. C. Notwithstanding dwelling unit limitations defined on the Districting Maps enabled above, dwelling unit limits for senior citizen housing facilities (where residency is limited to elderly persons) shall be as specified at the time a use permit is granted for a senior citizen housing facility. 20.00.060 Illustrations A. Authority. The Planning Commission, in accordance with City Council policy, may authorize the Planning Director to provide diagrams or images to assist in conveying the information contained in this code. B. Procedure. The Planning Commission shall approve the addition, modification or deletion of any diagram or image published in conjunction with the Zoning Code. C. Conflicts. In case of conflict between the Zoning Code text and any diagram or image published in conjunction with the Zoning Code, the text shall control. 20.00.065 Rules for Interpretation • A. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this code or its application to a specific site, the Planning Director shall 01127/04 Page 20.00 -5 General Provisions determine the intent of the provision. • B. Districting Man. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply: District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line. 2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the districting map, unless the boundary location is indicated by dimensions printed on the map or established by reference. 3. District boundaries shown as approximately following right -of -way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right -of -way or boundary lines. 4. District boundaries shown as lying with right -of -way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right -of -way or boundary lines. District boundaries shown as approximately following the shoreline of the Pacific Ocean shall be construed to follow the mean high tide line. 6. District boundaries shown as approximately following the waterfront of Newport Bay shall be construed to follow the bulkhead line. 7. Should any uncertainty remain as to the location of a district boundary or other feature shown on the districting map, the location shall be determined by the Planning Director. C. Appeals. An interpretation of the zoning regulations or districting map by the Planning Director may be appealed to the Planning Commission, as provided in Chapter 20.95. i 0127/04 CHAPTER 20.10 RESIDENTIAL DISTRICTS Sections: Page 20.10 -1 Residential Districts 20.10.010 Specific Purposes 20.10.020 Residential Districts: Land Use Regulations 20.10.030 Residential Districts: Property Development Regulations 20.10.040 Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula 20.10.010 Specific Purposes Residential district regulations are intended to: A. Locate residential development in areas which are consistent with the General Plan and with standards of public health and safety established by the Municipal Code. B. Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects. C. Promote development of quality housing affordable by low- and moderate- income households by providing a density bonus for projects in which a portion of the units are affordable for such households. D. Protect residential areas from fires, explosions, landslides, toxic fumes and substances, and other public safety hazards. E. Protect adjoining single - family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multi - family development. F. Achieve design compatibility with surrounding neighborhoods. G. Provide sites for public and semipublic land uses which complement residential development or which require a residential environment. H. Provide public services and facilities to accommodate planned population densities. 0127104 Page 20.10 -2 Residential Districts 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. Provides for medium density residential development up to approximately 22 dwelling units per gross acre, including single - family (attached and detached), two - family, and multi - family. Multifamily Residential (MFR) District. Provides for medium -to -high density residential development up to approximately 36 dwelling units per gross acre, including single - family, (attached and detached), two - family, and multi - family. 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 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. 01 /2710 0 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 RESIDENTIAL DAY CARE, LIMITED GROUP RESIDENTIAL RESIDENTIAL CARE, LIMITED SINGLE FAMILY RESIDENTIAL MULTI- FAMILY RESIDENTIAL TWO - FAMILY RESIDENTIAL PUBLIC AND SEMI - PUBLIC CEMETERIES CLUBS AND LODGES CONVALESCENT FACILITIES DAY CARE, GENERAL GOVERNMENT OFFICES HOSPITALS PARK & RECREATION FACILITIES PUBLIC SAFETY FACILITIES RELIGIOUS ASSEMBLY RESIDENTIAL CARE. GENERAL SCHOOLS, PUBLIC AND PRIVATE UTILITIES, MAJOR UTILITIES, MINOR COMMERCIAL USES HORTICULTURE, LIMITED NURSERIES VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY VISITOR ACCOMMODATIONS -BED & BREAKFAST INNS -SRO RESIDENTIAL HOTELS AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY Page 20.10 -3 Residential Districts R -A R -1 R -1.5 R -2 RMD MFR Additional P- -- - -- - -- - -- - -- PD/U - -- - -- --- — - --- L -3 L -3 L -3 L -3 L -3 — UP --- PD/U - -- - -- - -- (A), (B), (C) UP (F) UP (A), (B), (C) (G) otmroa (A), (B), (C) P P P P P P P- -- - -- - -- - -- --- P P P P P P P P P P P P (D), (E), (M) — P P (D) P P P P (D) (A), (B), (C) - -- L -2 L -2 L -2 L -2 L -2 - -- UP UP UP UP UP --- UP UP UP UP UP - -- UP UP UP UP UP - -- UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP P P P P P P P- -- - -- - -- - -- - -- PD/U - -- - -- --- — - --- L -3 L -3 L -3 L -3 L -3 — UP --- PD/U - -- - -- - -- (A), (B), (C) UP (F) UP (A), (B), (C) (G) otmroa Residential Districts: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use ReCutatiOnS) — = Not Permitted CROP PRODUCTION MINING AND PROCESSING ACCESSORY USES ACCESSORY STRUCTURES AND USES Page 20.10 -4 Residential Districts R -A R -1 R -1.5 R -2 RMD MFR Additional P- -- - -- - -- — L4 L -4 L4 L4 L4 L4 (H) (A), (B), (C) P/UP P/UP P/UP P/UP P/UP P/UP (1) 0 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 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 0 L -1 20 acres minimum. L -2 Limited to yacht clubs, use permit required. L -3 Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. L -4 See Chapter 20.81: Oil Wells. L -5 Subject to the approval of the Planning Director. (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. olrz7/04 Page 20.10 -5 Residential Districts 0 (D) Any dwelling unit otherwise permitted by this code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: A Business License pursuant to Chapter 5.04 of the Municipal Code. 2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of the Municipal Code. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code. (E) See Chapter 20.85: Accessory Dwelling Units. (F) See Section 20.60.110: Bed and Breakfast Inns. (G) Keeping of Animals in the R -A District. The following regulations shall apply to the keeping of animals in the R -A District: Large Animals. The keeping of large animals (as defined in Section 20.030.030) shall be subject to the following regulations: a. Horses. One horse may be kept for each 10,000 square feet of lot area, up to a maximum of 3 horses, provided the horse or horses are kept for recreational . purposes only. The keeping of 4 or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning Commission. b. Other Large Animals. Other large animals, including goats, sheep, pigs and cows, may be kept on lots of 15,000 square feet or more and the number shall not exceed 2 adult animals of any one species. C. Total Number Permitted. The total number of large animals shall not exceed 6. Offspring are exempt until such time as they are weaned. 2. Domestic and Exotic Animals. The number of domestic and exotic animals (as defined in Section 20.03.030) shall not exceed 6. Offspring are exempt up to the age of 3 months. The keeping of 4 or more dogs over the age of three 3 months shall require a kennel license pursuant to Section 7.04.090 of the Municipal Code. The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of the Municipal Code. 3. Small Animals. The number of small animals, other than domestic and exotic animals (as defined in Section 20.03.030), shall not exceed 6. Offspring are exempt . up to the age of 3 months. 0127/04 Page 20.10 -6 Residenlial Districts 4. Control. • a. Domestic Animals. No such animals, except for cats, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal, other than domestic animals, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure. (H) See Chapter 20.81: Oil Wells. (I) See Section 20.60.100: Home Occupations in Residential Districts. (J) See Section 20.60.055: Heliports and Helistops (K) Special event permit required, see Chapter 5.10 of the Municipal Code. (L) See Section 20.60.120: Personal Property Sales in Residential Districts. (M) See Section 20.60.125: Design Standards for Mobile Homes on Individual Lots. 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. Residential Districts: Property Development Regulations R -A R -1 R -1.5 R -2 RMD MFR Additional Regulations Minimum Site Area per - -- -- 1,000 1,000 3,000 1,200 (A), (B) Unit (sq.ft.) Minimum Lol Area (sq. ft.) 87,120 5,000 5,000 5,000 5,000 5,000 (A) -Comer Lots (sq. ft.) 87,120 6,000 5,000 6,000 6,000 6,000 (A) Minimum Lot Width (ft.) 125 50 - -- 50 - -- 50 (A) -Comer Lots (ft.) 125 60 - -- 60 - -- 60 (A) • O1/27/04 0 0 Residential Districts: Property Development Regulations Minimum Yards: Front (ft.) Side (ft.) Corner Side (ft.) Rear (ft.) - Abutting an alley (ft.) Distance Between Detached Buildings Maximum Height (ft.) Maximum Floor Area Limit Maximum Coverage Required Open Space Oft - Street Parking and Loading Page 20.10 -7 Residential Districts R -A R -1 R -1.5 R -2 RMD MFR Additional Regulations 20 20 20 20 20 5 3;4 3;4 3;4 5 5 3;4 3;4 3;4 5 5;25 10 10 10 25 !'J 1111 40% 1.50 2.00 - -- Residential Districts: Additional Property Development Regulations (A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. (B) See Section 20.60.045: Slopes and Submerged Lands. (C) See Section 20.60.030: Extensions Into Yards. 20 (C), (D), (E), (F), (H), (K) 3;4 (C), (D), (E), (G), (H) 3 :4 (C), (D), (E), (G), (H) 10 (C), (D), (E), (H), (Q) (1) 0) (K), (L) 1.75 (K), (M) (1`I) (K), (0) (P) (D) See Section 20.60.020: Accessory Structures and Mechanical Equipment (E) 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. (F) R -1, R -1.5, R -2. and MFR Districts. The minimum depth required for front yards shall be 20 feet, except as maybe otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. 0127/04 Page 20.10 -8 Residential Districts (G) R -1, R -1.5, and R -2, Districts. Each side yard shall be not less than 3 feet wide on development sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the is side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. MFR District. Each side yard shall not be less than 3 feet wide on sites 40 feet wide or less; 4 feet wide on lots wider than 40 feet and narrower than 50 feet; and shall be equal in width to 8 percent of the average lot width for lots 50 feet or greater in width; provided that in no event shall a side yard wider than 25 feet be required; and provided furtherthat the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. ,J Street /Normal Comer Side Yard Setback ,-Front Yard Setback Lin ("X' F Reversed Corner Lo' VI 1 m Interior Lot CD U -- - - - - - -- --- - - -- -- x T 0 C 1 r o ° r- 0 Diagram 20.10.030(G): Setbacks on Reversed Frontages (H) R -A District. All structures housing animals (i.e., corrals, stalls, pens, cages, doghouses) shall maintain the following setbacks: From Public Rights -of -Way Front 50 Side 20 Rear 20 From Another R -A District Property From Properties in Other Zoning Districts 25 25 In addition to the setbacks established above, all structures housing animals shall be located a minimum of 35 feet from any building used as a dwelling on adjacent properties. All animal exercise areas and pasturing areas (i.e., paddocks, runs, racecourses, show grounds) may be located at the property line, however, shall maintain a 25 foot setback from 0127104 0 E Page 20.10 -9 Residential Districts . the front property line abutting a public right -of -way and a 10 foot setback from any side property line abutting a public right -of -way. (I) In residential districts having alleys to the rear of lots or development sites shall maintain the following setbacks from rear property line, clear of all obstructions, except as provided in Section 20.60.030 (A -6) and Section 20.60.030 (I): Alley Width Setback 15' or less 5' 15' -1" to 19' -11" 3' -9" 20' or more 0' Roll -up garage doors shall be required when garage door openings are located closer than 22 feet to alleys with widths of 20 feet or more. (I) R -1.5, R -2, RMD, and MFR Districts. 10 feet shall be maintained between buildings. This requirement shall not apply to buildings attached by a solid roof structure, a minimum of 4 feet wide. (K) R -1, R -2, and MFR Districts in Corona del Mar and R -1 District in West Newport, and the Balboa Peninsula. See Section 20.10.040: Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula. 0 (L) See Chapter 20.65: Height Limits. (M) R -1, R -1.5, and R -2 Districts. The total gross floor area in all buildings and structures on a development site shall not exceed the following: R -1 District: 2 times the buildable area of the site. R -1.5 District: 1.5 times the buildable area of the site. R -2 District: 2 times the buildable area of the site. Exceptions. The following structures shall not be included in the calculation of the gross floor area: Covered parking spaces which are open on at least 2 sides, or open on one side and one end and which are not needed to meet off - street parking requirements for covered parking. 2. R -1.5 District. 200 square feet of floor area used for enclosed parking for two or more parking spaces. • 01127/04 Page 20.10 -10 Residential Districts 3. 25 square feet of storage area adjacent to or apart of a parking space on a lot less than 32 feet wide; provided that no plumbing is located in said area, and provided that 3 parking spaces are provided side by side across one end of the lot. 4. Decks, balconies or patios open on at least 2 sides or open on one side and uncovered. MFR District. The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 times the buildable area of the site; provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. Calculation. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non - habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. 9 Area considered to be a second Floor and the Floor area will be calculated towards the maximum floor area limit G. ;r Living Room Kitchen Garage (Habitable) (Habitable) (Non. Habitable) (N) R -1, R -1.5, R -2, and MFR Districts. The maximum development site area permitted shall he full coverage, less required front, side and rear yards. (0) R -2 District. Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times 6 feet and may be provided anywhere on the lot behind the required setback lines. This open space Is 01127/04 Page 20.10 -11 Residential Districts shall be open on at least 2 sides and shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. MFR District. An open space volume equal to 6 times the buildable area of the lot shall be provided in addition to any required setbacks. This open space shall be open on at least 2 sides, one of which may be the sky. Roofs, balconies, decks, patios, cornices, exterior stairways, and architectural features may project into this area. At least 50 percent of the required open space shall be open to the sky and open on at least 2 additional sides, except for eaves and architectural features which may project into areas otherwise open to the sky. Required open space shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and maybe used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. A minimum of 25 percent of the required open space shall be contiguous to the required front yard setback, and a minimum of 25 percent of the required open space shall be contiguous to the required rear yard setback. (P) See Chapter 20.66: Off - Street Parking and Loading. (Q) R -1, R -1.5, R -2, and MFR Districts. The minimum depth required for rear yards abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels of West Newport shall be 10 feet, except as maybe otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the rear property line, unless a different line is shown on the Districting Map. 20.10.040 Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula A. Aonlicability. The residential development standards contained in this section shall apply to all dwellings located in the R -1 and R -2 Districts in Corona del Mar, and in the R -1 District in West Newport and the Balboa Peninsula as those areas are more particularly described below. Dwellings in those areas shall also be subject to all other provisions of this code. Where there is a conflict between this chapter and • another provision of this code, the provisions of this chapter shall be controlling. oirz7ro4 Page 20.10 -12 Residential Districts The areas of Corona del Mar in which the provisions of this chapter shall be controlling are more particularly described as follows: That area commonly referred to as old Corona del Mar generally bounded by Avocado Avenue, Pacific Coast Highway, Fifth Avenue, the easterly boundary of the Corona del Mar tract, the Pacific Ocean and the Harbor entrance; and more specifically described as that area included in Annexation #3 as described in Ordinance No. 252 of the City of Newport Beach, approved on February 27, 1924. The areas of West Newport and the Balboa Peninsula in which the provisions of this chapter shall be controlling are more particularly described as follows: That area commonly referred to as West Newport and the Balboa Peninsula generally bounded by the Semeniuk Slough, Pacific Coast Highway, the West Lido Channel, the Newport Channel, the Main Channel, the Harbor Entrance, the Pacific Ocean and the Santa Ana River, and more specifically described as follows: Beginning at the intersection of the westerly boundary ofthe City ofNewport Beach and the Mean High Tide Line of the Pacific Ocean; thence proceeding northerly along said City Boundary to the intersection of said Boundary with the northerly right -of -way line of Pacific Coast Highway; thence due East a distance of I" foot to an intersection with the City Boundary on the easterly side of that certain 1 foot strip shown on Annex No. 21, Ordinance No. 630, 10/31/1950; thence proceeding easterly, northerly, easterly and southerly along said City Boundary to an intersection with the northerly right -of -way line of Pacific Coast Highway; thence proceeding southerly along a perpendicular to said right -of -way line to the center -line of Pacific Coast Highway; thence easterly along said centerline to an intersection with the centerline ofNewport Boulevard; thence southerly along said centerline of Newport Boulevard to an intersection with the southerly Bulkhead of the Newport Island Channel, said point being westerly of U.S. Bulkhead Station 4126 on the U.S. Bulkhead Line; thence easterly to said U.S. Bulkhead Station #126; thence continuing along the U.S. Bulkhead Line to U.S. Bulkhead Station #114; thence northeasterly in a straight line to U.S. Bulkhead Station #162; thence southerly in a straight line to U.S. Bulkhead Station # 113, and thence proceeding along the U.S. Bulkhead to U.S. Bulkhead Station #107; thence continuing southerly along the prolongation of the U.S. Bulkhead Line to an intersection with the Mean High Tide Line; thence westerly and northwesterly along said Mean High Tide Line to the point of Beginning. B. Floor Area Limit In the R -1, R -2, and MFR Districts in the area designated as Old Corona del Mar, the total gross floor area (excluding those structures excepted under Section 20.10.030) shall not exceed 1.5 times the buildable area of the site. Calculation. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation 01mro4 0 Page 20.10 -13 Residential Districts shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non - habitable rooms and spaces of building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. 3. Pacific Drive - Buildable Area. For purposes of determining the buildable area for structures located on the bluff (southerly) side of Pacific Drive between Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue, a front yard setback of 10 feet shall be used (the setback for the location of all structures as designated on the Districting Maps shall be used). C. Open Space Option. In the R -1 and R -2 Districts as designated in this section, open space shall be provided in addition to the required front yard setback. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times 6 feet and may be provided anywhere on the lot behind the required yard setback lines. This open space shall be open on at least 2 sides and shall have a minimum dimension in any direction of at least 6 feet, except as indicated in this section, and maybe used for outdoor living area. Open space with a dimension of less than 6 feet in any direction maybe included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in any direction. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. D. Pacific Drive — Front Yard Setback. Front - loaded garages and carports on the bluff southerly side of Pacific Drive between Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue shall maintain a minimum front yard setback of 19 feet from the front property line. 0127/04 CHAPTER 20.15 COMMERCIAL DISTRICTS Sections: Page 20.15 -1 Commercial Districts 20.15.010 Specific Purposes 20.15.020 Commercial Districts: Land Use Regulations 20.15.030 Commercial Districts: Property Development Regulations 20.15.040 Review of Plans 20.15.010 Specific Purposes The commercial districts regulations are intended to: 0 A. Locate commercial development in areas which are consistent with the General Plan and provide office, retail commercial, and service commercial uses needed by residents of, and visitors to, the City and region. B. Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities. C. Create suitable environments for commercial uses consistent with the General Plan and protect them from the adverse effects of inharmonious uses. D. Minimize the impact of commercial development on adjacent residential districts. E. Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located. F. Ensure the provision of adequate off - street parking and loading facilities. G. Provide sites for public and semipublic uses needed to complement commercial development or compatible with a commercial environment. 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. Neighborhood Commercial (CN) District. Provides areas for retail and service uses to serve the needs of the surrounding neighborhood and local area. E 01/27104 Page 20.15 -2 Commercial Districts • 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. 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. • Commercial Districts: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Reeulations) - -- = Not Permitted RESIDENTIAL DAY CARE, LIMITED PURLICAND SEMI- PUBLIC CLUBS AND LODGES -YACHT CLUB CONVALESCENT FACILITIES CULTURAL INSTITUTIONS DAY CARE, GENERAL EMERGENCY HEALTH CARE GOVERNMENT OFFICES HELIPORTS MARINAS PARK AND RECREATION FACILITIES PUBLIC SAFETY FACILITIES RSC CN APF RMC Additional Regulations (A), (B), (C), (D) P P P P (A), (B), (C), (D) UP UP UP UP (P) UP - -- UP UP (E), (F), (P) --- --- PD/U - -- UP UP UP UP (P) P P L -1 L -3 P - -- P P P - -- UP - -- UP UP (G) P --- P P (E), (F) P P P P UP UP UP UP 01/27/04 Page 20.15 -3 Commercial Districts Commercial Districts: Land Use Regulations • P = Permitted UP = Use Permit PD/U = Use Permit issued by the Planning Director L = Limited (see Additional Use Re¢ulations) -- = Not Permitted RSC CN APF RMC Additional Regulations RELIGIOUS ASSEMBLY L -11 L -11 L -11 - -- RESIDENTIAL CARE, GENERAL UP - -- UP - -- SCHOOLS, PUBLIC AND PRIVATE - -- - -- UP - -- UTILITIES, MAJOR UP - -- UP UP UTILITIES, MINOR P P P P COAfAfERCIAL USES (A), (B), (C), (D) ADULT - ORIENTED BUSINESSES P - -- - -- P (H), (1) AMBULANCE SERVICES L-4 - -- - -- - -- ANIMAL SALES AND SERVICES - ANIMAL GROOMING PD/U PD/U PD/U - -- - ANIMAL HOSPITALS UP UP UP - -- - ANIMAL RETAIL SALES PD/U PD/U - -- - -- ARTISTS' STUDIOS P P P P (1) BANKS /SAVINGS AND LOANS P P P L -3 -WITH DRIVE- THROUGH/DRIVE UP UP UP UP L -3 SERVICE BUILDING MATERIALS AND SERVICES P - -- - -- - -- CATERING SERVICES P P P P COMMERCIAL FILMING UP UP UP UP (1) COMMERCIAL RECREATION AND UP UP UP UP (1), (P) ENTERTAINMENT COMMUNICATION FACILITIES P P P L -3 EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP PD/U UP UP (1), (J), (P) -FULL SERVICE, LOW TURNOVER UP PD/U UP UP (1), (J), (P) -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U PD/U (1), (J), (P) - TAKE -OUT SERVICE UP PD/U UP UP (1), (J), (P) - TAKE -OUT SERVICE, LIMITED PD/U PD/U PD/U PD/U (1), (J), (P) - ACCESSORY P P P P (1) (J) (P) -BARS AND COCKTAIL LOUNGES UP UP UP UP (1), (J), (P) FOOD AND BEVERAGE SALES P P - -- — (P) - CONVENIENCE MARKETS P P L -I P (P) FUNERAL AND INTERNMENT SERVICES UP - -- UP L -3 LABORATORIES P - -- P L -3 MAINTENANCE AND REPAIR SERVICES P P P L -3 (D) MARINE SALES AND SERVICES -BOAT CHARTER, RENTAL, AND SALES UP - -- - -- UP (D), (E), (F) otm /o4 Page 20.154 Commercial Districts • Commercial 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 RSC CN APF RMC Additional Regulations -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 -I P (E), (F) NURSERIES P - -- - -- - -- OFFICES, BUSINESS AND PROFESSIONAL P P P L -3 PAWN SHOPS P - -- - -- - -- ([) PERSONAL IMPROVEMENT SERVICES PD/U PD/U PD/U PD/U (1) - HEALTH /FITNESS CLUBS PD/U PD/U PD/U PD/U PERSONAL SERVICES P P L -I L -3 -DRY CLEANERS P P L -I L -3 -DRY CLEANERS (COLLECTION ONLY) P P L -1 L -3 - FORTUNE TELLING P P P L -3 - MASSAGE ESTABLISHMENTS L -7 L -7 L -7 L -8 -SELF SERVICE LAUNDRIES POSTAL SERVICES P P P P - -- P L -3 L -3 PRINTING AND DUPLICATING SERVICES P P P L -3 RESEARCH AND DEVELOPMENT SERVICES P P P P RETAIL SALES P P L -I L -9 - LIMITED P P L -I L -9 - PHARMACIES AND MEDICAL SUPPLIES P P L -I L -3 SECOND HAND APPLIANCES /CLOTHING L -5 L -5 L -5 L -5 (1) SWAP MEETS, RECURRING UP - -- - -- - -- ([) TRAVEL SERVICES P P P L -3 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(EQUIP RENTALS (OFFICE P - -- P L -2 ONLY) - VEHICLE(EQUIPMENT RENTALS UP - -- L -12 L -3 - VEHICLE/EQUIPMENT SALES UP L- 12 - -- - LIMITED PDIU L -12 - -- - VEHICLE STORAGE L- 12 L- 12 - -- 0 0 127/04 Page 20.15 -5 Commercial Districts Commercial Districts: Land Use Regulations • P = Permitted UP = Use Permit PD/U = Use Permit issued by the Planning Director L = Limited (see AdditionaLUse Re&ulat1 — - Not Permitted RSC CN APF RMC Additional Regulations VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U — PD/U PD/U - 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 - -- - -- UP -- (L) SERVICE INDUSTRIAL (A), (B), (C), (D) INDUSTRY, CUSTOM - LIMITED UP - -- - -- - -- INDUSTRY, LIMITED - SMALL -SCALE UP - -- — INDUSTRY, MARINE - RELATED - -- - -- - -- UP (E) STORAGE AND DISTRIBUTION - -- - -- 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 P/UP P/UP P/UP P/UP TEMPORARY USES (A), (B), (C) ANIMAL SHOWS P - -- P P (N) CHRISTMAS TREE /PUMPKIN SALES L -5 L -5 L -5 L -5 (B) CIRCUSES AND CARNIVALS P - -- P P (N) COMMERCIAL FILMING, LIMITED P P P P (N) FAIRS AND FESTIVALS P P P P (N) HELIPORTS, TEMPORARY L -5 - -- L -5 L -5 (G) OUTDOOR STORAGE & DISPLAY, P P - -- P (D) TEMPORARY REAL ESTATE OFFICES, TEMPORARY L -5 L -5 L -5 L -5 (B) RECREATION AND ENTERTAINMENT P P P P (N) EVENTS TRADE FAIRS P P P P (N) • minion Page 20.15 -6 Commercial Districts • 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. 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 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 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. 01/27/04 Page 20.15 -7 Commercial Districts (C) See Section 20.60.050: Outdoor Lighting. (D) See Section 20.60.105: Outdoor Storage & 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. (I) 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 Beverage Outlets. 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. Commercial Districts: Property Development Regulations RSC CN APF RMC Additional Regulations A,1 Minimum Lot Areas . ft. 2,000 10,000 2,000 2,000 (13), C Comer Lots (s q. ft. Minimum Lot Width (ft. ) 25 -- 25 25 (13 Comer Lots (ft.) 01/27/04 0 • • L J Page 20.15 -8 Commercial Districts Commercial Districts: Property Development Regulations RSC CN APF RMC Additional Regulations Minimum Yards: Front (ft. ) - -- 20 15 -- (C), D), (E Side ft. — - -- - -- (C), (D), F -Abutting an R District (ft.) 5 20 5 5 (C), (D), F Rear ft. -- - -- - -- -- (C), D -Abutting an R District ft.) 5 20 5 5 C, D -Abutting an alley (ft.) 10 20 10 10 (C), (D Bulkhead Setback 10 - -- 10 10 Maximum Height (ft.) (F Maximum Floor Area Limit (G) Oft - Street Parking and Loading (H) 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 15 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. (I) 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. 01/27/04 Page 20.15 -9 Commercial Districts (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. 20.15.040 Review of Plans See Section 20.60.060: Plans and Drawings for Commercial and Industrial Districts. 0127/04 \_J 0 u 0 Page 20.65 -1 Height Limits CHAPTER 20.65 HEIGHT LIMITS Sections: 20.65.010 Purpose 20.65.020 Effect of Chapter 20.65.030 Measurement of Height 20.65.040 Height Limitation Zones 20.65.050 Planned Community Districts 20.65.055 Required Findings to Exceed Height Limits 20.65.060 Existing Structures and Permits 20.65.070 Exceptions to Height Limits 20.65.080 Airport Height Limits 20.65.010 Purpose A. This chapter establishes regulations on the height of buildings throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved. B. This chapter creates 5 height limitation zones which govern building height but allow design flexibility with City review. C. These regulations shall be reviewed and revised as necessary. 20.65.020 Effect of Chapter All sections of this code shall be subject to the provisions of this chapter. 20.65.030 Measurement of Height A. Height of Structure. The height of a structure shall be the vertical distance between the highest point of the structure and the grade directly below. In determining the height of a sloped roof, the measurement shall be the vertical distance between the grade and the midpoint of the roof plane, as measured from the ridge of the roof to where the wall plate intersects the roof plane, provided that no part of the roof shall extend more than 5 feet above the permitted height in the height limitation zone. 01MM Midpoint of Roof Plane \ 5'-0' Max. Roof Ridge Page 20.65 -2 Height Limits ¢ °Q o R N wall P x Plate Grade 0 B. Grade. For the purpose of measuring height, the grade shall be the unaltered natural vertical location of the ground surface unless one of the following applies: At the time of subdivision, the City has approved a grading plan or map, under which circumstances grade shall be finished grade as shown on the plan or map so approved. For sites that were developed without or prior to the requirement for a grading plan or map, the Planning Department shall exercise its best efforts to determine the location of grade for the purpose of measuring height. In so doing, the Planning Department shall use existing on -site elevations and contours, as well as the elevations and contours of adjoining and nearby properties to determine the natural profile of the site. In cases where retaining walls have been constructed or filled surfaces have been used for the purpose of measuring height prior to October 12, 1972, the finished grade established in conjunction with the filled condition shall be used for the measurement of height. Under no circumstances shall height be measured from excavated surfaces such as basements and wine cellars which have been used to artificially lower the ground surface. Flood Hazard Areas. The height shall be measured from the finished floor of any portion of the principal building where habitable space is required to be elevated to the elevation established by the Flood Insurance Rate Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building elevations established by the Flood Insurance Rate Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. 3. Establishment of Grade. hi a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of this chapter is fulfilled. The establishment of grade by 0127/04 Page 20.65 -3 Height Limits . the Planning Commission shall require the approval of a site plan review which shall be obtained in accordance with Chapter 20.92. In order to establish grade, the Planning Commission shall make the following findings in addition to those required by Chapter 20.92: a. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. b. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. C. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. d. That the proposed grade being requested by the applicant is necessary • for the preservation and enjoyment of substantial property rights of the applicant. 20.65.040 Height Limitation Zones In addition to the development standards established in the various districts, there shall be 5 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 Heieht Limitation Zone. In the 24/28 Foot Height Limitation Zone the height limit for any structure shall be 24 feet; provided, however, that a structure may exceed 24 feet up to a maximum of 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 28 feet; provided, however, that structures may . exceed 28 feet up to a maximum of 32 feet in an adopted 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 MFR and RMD Districts. 01/27M Page 20.654 Height Limits C. 26/35 Foot Height Limitation Zone. In the 26/35 Foot Height Limitation Zone the height limit shall be 26 feet; provided, however, that a structure may exceed 26 feet up to a maximum of 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 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 32 feet; provided, however, that a structure may exceed 32 feet up to a maximum of 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 districts, other than the R -1, R -1.5, R -2, MFR, RMD, and OS Districts, which have boundaries not failing within the area above described as the Shoreline Height Limitation Zone, or within the High -Rise Height Limitation Zone. E. Hieh Rise Heieht Limitation Zone. In the High Rise Height Limitation Zone the height limit for any structure shall not exceed 375 feet. 20.65.050 Planned Community Districts In each planned community district established subsequent to the adoption this chapter, the height limits shall be established as part of the planned community development plan; provided, however, that in no event shall the development exceed the height limits permitted in the height limitation zones as set forth under Section 20.65.040 and as designated below: 24/28 FOOT HEIGHT LIMITATION ZONE. Upper Newport Bay Planned Community as established by Ordinance No. 1537 adopted December 17, 1973 (Amendment No. 409). 20.65.055 Required Findings to Exceed Height Limits The Planning Commission or City Council in approving any planned community district, any specific plan, or in granting any use permit for structures in excess of the basic height limit in any district shall find that each of the following four points have been complied with: A. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. B. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is 0127/04 • • Page 20.65 -5 Height Limits • required by the basic height limit in any zone. C. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. D. The structure shall have no more floor area than could have been achieved without the use permit. 20.65.060 Existing Structures and Permits A. The use permit application fee shall be waived for any single family home in the R -1 District which is replacing a structure which was in existence on the effective date of this chapter (October 11, 1972). B. Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in existence or under construction on the effective date of this chapter (October 11, 1972) may be changed provided such change does not result in a roof height above top of curb and provided further that the roof height does not exceed the height limit established by the 24/28 Height Limitation Zone. For purposes of this chapter, the top of curb height limitation shall be established by a horizontal plane created by the extension of the top of curb line across each site located on the bluff side of Ocean Boulevard. Where a question arises as to the interpretation of this code, the Planning Director shall review and render a decision. New structures may be constructed on vacant sites subject to the same criteria. 20.65.070 Exceptions to Height Limits A. Architectural Features and Solar Equipment. Architectural features such as, but not limited to, cupolas, weathervanes, open protective railings for stairways, and other decorative roof -top features of an open nature, and solar equipment, but excluding parapet walls, may be permitted in excess of permitted height limits subject to the approval of a modification permit. B. Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and screened mechanical equipment, totaling no more than 25 square feet, shall be permitted to up to 5 feet in excess of the height limits. C. Chimneys and Vents. Chimneys and vents shall be permitted in excess of height limits to the minimum extent required by the Uniform Building Code plus an . additional 12 inches for the provision of spark arrestor apparatus or architectural features of a decorative screening nature. Any such structures or features exceeding the Uniform Building Code requirements shall be subject to the following criteria: 0127/04 Page 20.65 -6 Height Limits That the overall dimensions of the chimney shall be limited to a maximum . width of 2 feet by a maximum length of 4 feet for any portion of the structure which exceeds the Uniform Building Code requirements. 2. That the allowance for the additional 12 inches shall be solely for the incorporation of a spark arrestor as required by the manufacturer or for the incorporation of an architectural screening or treatment. All chimneys and vents exceeding the minimum height required by the Uniform Building Code, with the exception of an additional 12 inches for spark arrestor apparatus or architectural features of a decorative screening nature, shall be subject to the approval of a modification permit. D. Skylights and Roof Windows. The terms skylights and roof windows shall be interchangeable and shall be permitted in excess of the average height permitted in the Height Limitation Zones only as indicated in the following. However, in no case shall any portion of any such skylight or roof window structure exceed the maximum ridge height allowed for any roof in the Height Limitation Zone in which the structure is located. Any such skylight or roof window which is openable shall not be permitted under this section, except those which slide open within the same plane as the frame of the structure, or open to the interior of the building only. Any such structure or feature shall be limited as follows: 1. When mounting on a flat roof structure, the maximum height measured at the • highest point of the proposed skylight or roof window, in a plane parallel to the plane of the roof structure, shall not exceed an elevation of 6 inches above the average roof height as provided by the Height Limitation Zone, or 6 inches above the finished surface of a conforming roof structure, whichever is less. 2. When mounting on a sloping roof structure, the maximum height measured at the highest point of the proposed skylight or roof window, in a plane parallel to the plane of the roof structure, shall not exceed an elevation of 6 inches above the finished surface of the conforming roof structure. That in the areas of the City where a Height Limitation Zone is superseded by more restrictive height limitations or by a discretionary approval of the Planning Commission or the City Council, this section shall not be applied. E. Flag Poles. Flag poles shall be permitted in the 24/28 and the 28/32 Foot Height Limitation Zones not to exceed a height of 35 feet. Flag poles shall be permitted in the 26/35 and the 32/50 Foot Height Limitation Zones not to exceed a height of 50 feet. All other flag poles in excess of the height limits noted above may be permitted subject to the approval of the Planning Commission. • F. Boat Cranes. Boat cranes used in conjunction with an approved marine- oriented use may be permitted to exceed the basic height limit applicable to the district in which it Di/27/04 0 0 Page 20.65 -7 Height Limits is located, up to a maximum operating height of 70 feet, subject to the approval of the Planning Commission. G. Churches. Church structures used for church purposes shall be exempt from the restrictions of this chapter, except that any such structure exceeding 35 feet in height shall require a use permit. 20.65.080 Airport Height Limits Any project which requires a notice of construction or alteration by the Federal Aviation Admin- istration Regulations Part 77 shall require FAA compliance, and the applicant shall submit a copy of the FAA application to the Airport Land Use Commission (ALUC) and provide the City with FAA and ALUC responses. If the ALUC requests review of the project, then the project shall be submitted to the commission by the City. Commission determination shall be referred to the City within 60 calendar days from the date of referral of the application to the ALUC, and shall be considered before the City takes any action on the project. If the Commission fails to refer the determination within that period, the proposed project shall be deemed consistent with the Airport Environs Land Use Plan (AELUP). 01/27/04 0 P%. z O M U) a V z U N H 0 m 2 � Wz w Q LL z O 0 Q co IIL Of cc LL mo � LL �.: `.. � Aar sO) �/� �� 4 IL 0 a Cl I Es o / t �Sara- its I ff T J_ 7 Cal IN 0 LL 00 122 jL - 4 r.. J g Dodo Z�,.e A 4 O Is p l� 3 aaar 6 0 EXHIBIT ZA -3: ADOPTION OF AMENDED SANTA ANA HEIGHTS SPECIFIC PLAN BY REFERENCE (ZONING CODE CHAPTER 20.44, ENTITLED "SPECIFIC PLAN #7, SANTA ANA HEIGHTS ") [Amended Specific Plan text distributed separately due to bulk. Available for public inspection at the City of Newport Beach Planning Department, 3300 Newport Boulevard, 949 - 644 -3200) 0 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT TO: City Council FROM: Planning Department Larry Lawrence, Project Manager Agenda Item No. 17 January 13, 2004 SUBJECT: PA 2003 -149: Prezoning and General Plan Amendments for Annexation of Area 7 (GP 2003 -005 and CA 2003 -006) and the Emerson Street area (GP 2003 -006 and CA 2003 -007) ISSUE: Should the City Council approve prezoning and General Plan amendments for the annexation of "Area 7" (West Santa Ana Heights, the Santa Ana Country Club, and adjacent area) and the Emerson Street area? • RECOMMENDATION: 1. Conduct the public hearing. 2. Adopt Resolution No. 2004- approving General Plan Amendment Nos. 2003 -005 and 2003 -006. 3. Introduce Ordinance 2004 , approving Code Amendment Nos. 2003 -006 and 2003 -007 and pass to second reading on January 27, 2004. PLANNING COMMISSION REVIEW: At its November 20, 2003 meeting, the Planning Commission held a public hearing to review the project. Following testimony and discussion, the Commission voted 7 -0 to recommend that the City Council approve the GPA and prezoning amendments for both Area 7 and the Emerson Street area. DISCUSSION — AREA 7: A. Introduction At its March 11 meeting, the City Council directed staff to prepare an application to annex Area 7. The annexation will be accompanied by a concurrent sphere of influence (SO[) amendment to realign the SOI boundaries between Newport Beach and Costa Mesa. • Area 7 and Emerson Prezoning/GPA January 13, 2004 Page 2 AREA 7 ANNEXATION AREA .. . . . . ... .. . .... .. .. ........... ................. ....... ............ .. . . ............ ... . ............... . . . . . . .......... . .......... ... ........... . ... ..... .. ......... ................. ... .............. Costa Mesa 19,000 RLMAY PROTW110H axEtW4 ia�A7- 01 'Ilprw4tm UNIVERSITY DfZ-'-- `j— Detach fir Costa Mesa Newport Costa Mesa yl Beach 5D) 1.000 1.500 2,000 r , , �W Peet Proposed Area 7 Annexation and Sphere of Influence Arrendrrent NB City Boundary (Current) CM City Boundary (Current) CJ • E Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 3 • In addition, in 2002, the City Council applied to annex a small 1.9 -acre tract called Emerson /Churchill or simply the Emerson Area. The Local Agency Formation Commission ( LAFCO) deferred action on that application pending prezoning of the area by the City. The subject areas are not currently within the Newport Beach sphere of influence and do not have zoning or General Plan designations. Therefore, on July 22, the City Council initiated General Plan Amendments to apply land use and other designations to the two areas. In addition, on June 19 and July 17, the Planning Commission initiated code amendments to prezone the areas. Prezoning is required by LAFCO so that all parties, residents, property owners, City decision - makers and LAFCO, are aware before an annexation decision is made of the land uses and zoning rules which will be applied to an area after it passes from County to City jurisdiction. This report describes the subject areas and recommends General Plan designations and prezoning. B. Area 7 Overview "Area 7" is the name given by LAFCO to the area South of Bristol Street, west of Irvine Avenue, north of the Costa Mesa city boundary, and east of the Costa Mesa Freeway (see preceding map). We have retained that label at LAFCO staffs request. • Please note that the annexation area extends south of University Drive and includes the two 'fingers' of land presently within the City of Costa Mesa. These fingers were included to 'square off the boundaries and avoid confusion in the delivery of services. Conversely, because of strong opposition from John Wayne Airport (JWA) officials to any city annexing the Runway Protection Zone (RPZ) covering the northern part of the Newport Beach Golf Course, the RPZ has not been included in the annexation area nor the sphere of influence amendment. Land uses within the area include: 1. Riverside Drive cul -de -sac, zoned "Residential - Kennel" in the County's Santa Ana Heights Specific Plan. There are a number of dog- boarding facilities or kennels on the street. 2. The "Back Bay Center ", a neighborhood shopping center on Irvine Avenue at Mesa Drive anchored by the Irvine Ranch Market. 3. A commercial wholesale nursery on Orchard Drive. 4. Various single family and multiple family residential neighborhoods. 5. The "Newport Trade Centre ", a business park complex on Irvine Avenue. E Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 4 6. The Santa Ana Country Club. • Major roadways in Area 7 include: • Irvine Avenue • Mesa Drive • Newport Boulevard • Santa Ana Avenue • University Drive The Santa Ana Heights Specific Plan does not designate any sites within Area 7 for parks or other public facilities. The land uses surrounding Area 7 are as follows: Project Area: Residential, country club, commercial, and open space uses To the west: The 55 Costa Mesa 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: Newport Beach Golf Course and office uses in the City of Newport Bea To the south: Residential uses in the City of Costa Mesa C. Area 7 General Plan Designations Proposed General Plan designations for Area 7 are shown on the next page. The map shows the application of appropriate City General Plan land use designations for existing development. It also shows City designations consistent with the land uses on the County's Santa Ana Heights Specific Plan. Most of the area is designated for single and multi - family residential (consistent with existing development on the ground), while the Santa Ana Country Club and the commercial nursery are shown in "Recreational & Environmental Open Space ". The Newport Trade Centre development is designated "Administrative, Professional, & Financial Commercial" and the Back Bay neighborhood center is designated "Retail & Service Commercial ". The General Plan Amendments for both Area 7 and the Emerson Area are not subject to Section 423 of the City Charter (Protection from Traffic and Density) because both GPA's are only translating existing general plan land use designations from County to City General Plan format. The GPA's have been formulated to correlate to existing land uses and land use designations. Therefore, they do not provide for any increase in density or intensity and thus will not result in increases in peak hour trips, dwelling units or square footage. is • • Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 5 j r AREA 7 GENERAL PL DESIGNATIONS :'1 . "_ -- -- l Jl IT f S@ AMILY�DUAC:� � IMR64T10NAL AND RWIROt BIlrALOPENSPACE _ 3AGLLFMALY - i �- i.. o.aar,nar _y' weoFOSa+uLa FROMM 41 CMIMERMAL - MULTIFAMILY RESIDENTIAL i ................._.... zi � i � RETAIL d SERNCE I = ANNEXATION AREA ! . I!L' �... "._ FAMILY DETACHED 't 1 -.i `:. i. •�. -�.., .,., :.. _ — (FAhllli'`IUNiVEli51TY "- DR'` :RESIDE AL 11 Costa` MULTI-FAMILY Detach from I RESIDENTIAL Mesa Costa Mesa • Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 6 D. Area 7 Prezonin The proposed zoning for Area 7 is shown below. The Santa Ana Heights Specific Plan (SAH /SP) is shown faded to denote that the zoning categories shown are not base Zoning Code categories, but are instead unique to the Specific Plan. (The zoning on the Official Zoning Map will actually be "SP -7 ", which refers the user to the Specific Plan text to view the zoning categories shown in the faded area.) The specific plan features are described in more detail later in this report. The conventional zoning for the area is shown to the west and south of the SAH /SP. The following districts apply: 03-A (Santa Ana Country Club) AREA 7 PREZONING Santa Ana. RSF : Heights ' Plan I, 4F "A Q1000) WD 4 6. r7bb: I RMD 1 Rh4F R -1 -B-5 I CN 0 S .:1 • • Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 7 • 1. Santa Ana Country Club - The Santa Ana Country Club will be prezoned "OS -A" or "Open Space — Active'. • 2. RMD Areas - The present County zoning along Santa Ana Avenue is R -2 "Multifamily Dwellings" for most of the multifamily area north of Mesa Drive, and R-4 "Suburban Multifamily Residential' for most of the multifamily area south of Mesa Drive. (Paradoxically, the County's R -2 zone allows more intense development than its R4 zone.) The multifamily areas along Santa Ana Avenue and south of University are shown to be prezoned as 'RMD" - "Medium Density Residential'. This is a new zoning designation which will accommodate existing development in the area, consisting of a variety of residential uses and a convalescent hospital. The designation, which can also be used in the future elsewhere in the City, allows all of the existing uses described above. The following table shows a comparison between the applicable County zones and the proposed City RMD zone: COMPARISON BETWEEN COUNTY AND CITY MULTIFAMILY ZONES Standard County R -2 Count R-4 City RMD Single- and multi- Permitted Uses family dwellings and same same other residentially- compatible uses Site Area Per Dwelling 1,000 3,000 3,000 Units .ft. 5,000 Minimum Lot Area (sq.ft.) 7,200 7,200 (6,000 for corner lots Minimum Yards: Front Yard (ft.) 20 Side Yard (ft.) 5 same same Rear Yard ft. 25 Min. Distance between principal structures on a 10 15 10 site ft. Maximum Bldg. Height ft. 35 35 28/32 The above table shows that the new City RMD district is generally comparable to the County R4 district except for a smaller minimum lot size for RMD (for consistency, the RMD district has been assigned the same minimum lot size as other City residential districts). Also, the City's RMD district, consistent with other City residential districts, provides for somewhat lower building heights • than the County. Area 7 and Emerson Prezoning/GPA January 13, 2004 Page 8 The prezoning map shows the County R -2 area, north of Mesa Drive, to be . prezoned as "RMD (1000)" under the City. The "(1000)" suffix allows 1 dwelling unit per 1000 sq.ft. of site area instead of the RMD district's standard 1 du /3000 sq.ft. This is needed in order to match the density of the existing apartment development in this subarea, which is allowed by the County R -2 designation. The subarea prezoned "RMD -PRD" on the map covers a small planned residential development zoned as such by the County. The new City zoning will reference the County- approved development plan, which is part of the zoning. 3. R -1 -B -5 Area — This zone covers all of the standard single family detached area outside the Santa Ana Heights Specific Plan. The "B -5" overlay was created for the previous Bay Knolls annexation to match the permitted uses and development standards currently in effect for that area under the County of Orange and the City of Costa Mesa (which detached territory to Newport Beach as part of the annexation). This district provides the following standards: Development Standard R -1 -B -5 Minimum Lot Areas .ft. 7,200 Minimum Yards: Front Yard (ft.) Side Yard (ft.) Rear Yard ft. 20 5 20 Maximum Coverage 60% Maximum Bldg. Height 35 ft. —.max. 2 stories 4. CN Neighborhood Center— This zone covers the Back Bay shopping center on Irvine Avenue at Mesa Drive. Businesses in the center include the Irvine Ranch Market, a health club, karate studio, liquor store, dry cleaners, sushi restaurant, and various offices on the upper level. The new "CN" — "Neighborhood Commercial" district will accommodate all of the above uses (see text amendment, Exhibit "ZA -1"). Restaurants are now permitted under County zoning with a "site development permit ", a permit type not used by the City. Instead, the City requires a Planning Commission - approved use permit for most restaurants in present zoning districts. Taking a middle ground between the existing County regulations for the center and City zoning regulations, the new CN district requires a Planning Director - approved use permit for restaurants while requiring a full Commission - approved use permit for bars. E. Santa Ana Heights Specific Plan The east Santa Ana Heights (SAH) area was annexed to the City this year. Previously, the City prezoned the east SAH area by adopting a specific plan which closely followed the County specific plan for SAH. This previously- adopted Plan for east SAH is incorporated • Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 9 • into the Zoning Code as Specific Plan V. Now, the western portion of SAH must be added to that Specific Plan. The two portions of Santa Ana Heights are shown on the map below. The draft revised Specific Plan text has been distributed to the City Council with this report and is available for public review at the Planning Department. The revised Specific Plan continues to closely follow that of the County in terms of permitted land uses, development standards, and other regulations. However, the Plan was reformatted when it was incorporated into the Zoning Code in conjunction with the east SAH annexation. References in the County Specific Plan to County Zoning Code sections have been replaced with references to appropriate sections in the City Zoning Code. The Specific Plan has been placed in the same overall framework as that used in other specific plan chapters in the Zoning Code. However, certain formatting features of the other specific plans, such as the use of tables for permitted uses and development standards, have not been used in order to retain clarity and continuity between the County version and its City successor. This will enable residents, property owners, and others to more easily compare the two Plans. The revised Specific Plan includes the following new land use districts and other provisions • applicable to west SAH: Area 7 and Emerson PrezoninglGPA January 13, 2004 Page 10 1. RK: Residential Kennel District — This area was zoned to allow both single family detached homes and commercial kennels on Riverside Drive in the County's Santa Ana Heights Specific Plan (see land use map below). The County provisions were carried forward into the City specific plan revision. 2. RMF: Residential Multiple Family District — As stated in the district's "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. The applicable neighborhoods are apartment complexes located in the northwest corner of west SAH and in the southern portion (see map). 3. HN: Horticultural Nursery District — This district was created specifically 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." The district's primary permitted use is wholesale plant nurseries. LAND USE ASAP SPECIFIC PLAN #7: SANTA ANA HEIGHTS GC s t DMV 7:11 t,_ �RS F z.: RMF tMao) S � y # k r i OSR .� �tST •:.r••,q j Y•f•kr 3 PA REQ -2 Fa:a u.es...T R F ' i I EXHIBIT 20.44 -1 • • Area 7 and Emerson Prezoning/GPA January 13, 2004 Page 11 4. (N): Commercial Nursery Overlay District — This overlay district allows wholesale nurseries in conjunction with a base district, such as a residential district. In west SAH, this overlay is used in the single family residential area near the end of Orchard Drive just east of the "RK" area. 5. Special Symbol for Nonstandard Building Heights — In Section 20.44.025, the County provision allowing a special symbol for nonstandard building heights has been added. This is used in the Specific Plan to allow the existing buildings in the Newport Trade Center development on Irvine Avenue to be up to 42 feet high instead of the standard maximum of 35 feet in the PA district. The following are the most significant differences between the County Specific Plan and the revised City Specific Plan: 1. Land uses allowed by site development permit in the County are instead allowed by use permit approved by the Planning Director in the City Plan (See e.g. "Residential Multiple Family" District, Sec. 20.44.042), because the City has no provision for site development permits. 2. Land uses allowed by use permit approved by the County Zoning Administrator are instead allowed by use permit approved by the City Planning Commission, because • the City has no Zoning Administrator position. 3. Granny units are now allowed as an accessory use in residential districts with approval of a use permit by the Planning Director instead of the Planning Commission. This change is in accordance with recent changes in state law (AB 1688). 4. References to County Zoning Code sections have been replaced by the appropriate City Code sections. For example, for provisions allowing "granny" units in residential districts, the reference to the applicable County Zoning Code section has been replaced by the corresponding City Code Chapter (20.85). E. Airport Land Use Commission Review On November 20 of last year, the Airport Land Use Commission (ALUC) reviewed the proposed prezoning for Area 7. Most of the Commission's discussion centered on aircraft noise impacts, specifically on that portion of west Santa Ana Heights within the County - established 65 CNEL impact area. After discussion, the Commission requested that the following provision be inserted into the Santa Ana Heights Specific Plan: "All projects including, but not limited to, General Plan Amendments and Zone 101 Changes, within the project area pertinent to the Airport Land Use Commission's (ALUC) John Wayne Airport 'Airport Environs Land Use Plan' shall be referred to Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 12 ALUC until such time as the City becomes a `Consistent Local Agency' as defined by ALUC. For purposes of this requirement, the term `project' shall include those applications requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, and /or condominium conversions. Such projects shall not include minor modifications, such as remodels and additions to single family dwelling units with no intensification of development." This wording has been added to the "Noise Mitigation" section of the Specific Plan, on page 20.44. DISCUSSION — EMERSON AREA: A. Emerson Area Overview In addition to Area 7, the City Council previously initiated an application to annex the unincorporated 1.9 -acre "Emerson Street" area. Newport Beach territory presently lies adjacent to and just north of the subject area (see map below). The area contains nine lots and 11 dwelling units. Most of the homes are single family detached on lot sizes ranging from Emerson Tract Costa l Mesa J m 1�250 500 150 �, Proposed Emerson AnneRation Proposed NB Sphere of Influence —••� NBCrty Boundary (Current) - -- CM City Boundary (Current) L� \J Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 13 • about 2100 sq.ft. to about 9400 sq.ft. The last or easternmost lot on Emerson Street contains two buildings, one with a single family detached unit and one with two attached units. B. Emerson Area General Plan Designation The area will be designated "Two Family Residential" (see Exhibit "GP -3 "), which provides for the mixture of existing dwelling unit types in the area. C. Emerson Area Prezoninq The area is presently zoned "R -2" — "Multifamily Dwellings" under the County Zoning Code. Staff recommends that the area be prezoned as "RMD (2000)" under the City. The previous table, under "Area 7 ", compares the County R -2 and City RMD zoning. The two zones are comparable except for the requirement for a minimum 2,000 sq.ft. of site area per dwelling unit for RMD (2000) vs. 1000 sq.ft. per dwelling unit for the County's R -2. The RMD accommodates the variety of lot sizes and the single family and attached dwelling unit types which presently exist in the area. Thus, the lower density RMD zone will serve to protect the character of the area without impairing the residential use of any lot. ENVIRONMENTAL REVIEW: • Initial Studies were prepared for the General Plan and zoning amendments described in this report. After reviewing the Initial Studies, it is staffs judgment that the amendments will not have a significant impact upon the environment. Therefore, draft Negative Declarations were prepared for each annexation area. The Initial Studies (IS) and Negative Declarations (ND) were mailed for review and comment to potentially- affected public agencies and the State Clearinghouse. Comments were received on the IS /ND for Area 7 (letters attached at the end of this report). These comments are referenced below followed by staffs responses. The responses have been incorporated into a revised IS /ND: Comments from Local Agency Formation Commission (LAFCO): 1. Comment: ",..the 'Existing Conditions — Land Use and Development' section on Page 2 of the Initial Study should reference that the subject property is currently located within the Costa Mesa Sphere of Influence, and that a competing annexation application for the West Santa Ana Heights area to the City of Costa Mesa is currently on file with LAFCO." Response: The above information has been added to the Initial Study /Negative Declaration (IS /ND), • Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 14 2. Comment: "Portions of the subject territory are located within the Santa Ana Heights Redevelopment Project Area. The Negative Declaration should reference this and discuss how potential annexation would impact administration of the redevelopment project area." Response: Area 7 is in two County redevelopment areas. The West SAH region is part of the Santa Ana Heights "Redevelopment Project Area" (RDA).The Santa Ana Country Club and South of Mesa Drive areas are within the Back Bay RDA. The proposed annexation does not include any changes to the Redevelopment Plan or the administration of the redevelopment project. If any changes are proposed in the future, they will be reviewed as required by CEQA. 3. Comment: "The proposed annexation and sphere of influence boundary included within the Negative Declaration appears to include property located within the northern portion of the Newport Beach Golf Course. This territory is owned by the County of Orange /John Wayne Airport and is overlain by the airport's Runway Protection Zone (RPZ)...." Response: The RPZ has been removed from the prezoning and annexation • area. A new map has been included with the revised IS /ND attached to this report, which shows the RPZ outside the prezone /annexation area. Comments from Airport Land Use Commission (ALUC): 4. Comment: "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 -3 -vis the navigable airspace) as applicable. These planning areas are described and depicted in the Airport Environs Land Use Plan (AELUP) for John Wayne Airport dated December 19, 2002 ..." Response: Noise - Over half of the west Santa Ana Heights portion of the annexation area lies within the 65 CNEL contour established by County EIR 508, which was the environmental impact report prepared jointly for the John Wayne Airport Master Plan (AMP) and the Santa Ana Heights Land Use Compatibility Program (LUCP) and recognized in the AELUP. The impacted area is virtually built out and consists of single family and multifamily residential • development and a business park (the Newport Trade Centre on Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 15 • Irvine Avenue). The 65 CNEL contour was approved by the Board of Supervisors as the implementation line for two noise compatibility programs: "Purchase Assurance" and "Acoustical Insulation ". These programs, aimed at mitigating noise impacts, have been implemented for the affected properties. Safetv on the Ground — The AELUP states that, "The Commission has not adopted Accident Potential Zones for this airport [JWA] because none could be justified with the available data." In this context, it should be noted that the a Runway Protection Zone has been established for the takeoff pattern beyond the end of the JWA runway. This area is occupied by the Newport Beach Golf Course. Aside from this open space use, no building development intrudes into the RPZ. Safetv Aloft — This consideration refers primarily to building height in the present context. The affected portion of the annexation area was built out under the County's Santa Ana Heights Specific Plan, which 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. • 5. Comment: "...the AELUP and the [Califomia Airport Land Use Planning] Handbook should be listed in the Negative Declaration under 'Source References'." Response: Both of the above documents have been added to the Initial Study /Negative Declaration as Source References (Section XIX, Nos. 12 and 13). Comments from John Wayne Airport (JWA): 6. Comment: "The northerly portion of the Newport Beach Golf Course (NBGC) is a unique situation in the proposed annexation areas. As previously indicated, this area is an airport RPZ. FAA regulations (AC 150/5300 -13) indicate that the function of the RPZ is to enhance the protection of people and property on the ground. The Regulations note that this 'is achieved through airport owner control over RPZ's'. The special circumstances which apply to the Airport-owned property and what distinguishes it from privately - owned property in the area, include the policies adopted by the County of Orange and the cities of Orange County with respect to guidelines for annexations and incorporations. It has been agreed • that while areas within recognized SOls reflect the long -term service delivery boundaries for a city, those areas that include Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 16 regional facilities and are part of the County's core business • functions would remain unincorporated." Response: These comments, though not directed at the ND /IS environmental documents, are noted in the context of the overall review of the prezoning and annexation boundaries. It should be reiterated here that the RPZ referenced in the above comment has been excluded from the prezoning and annexation area. PUBLIC NOTICE: A public hearing notice for the proposed General Plan and zoning amendments was advertised in the Daily Pilot more than ten days prior to the hearing date and was mailed to each property owner in the annexation area and each owner within 300 feet of the boundaries of the annexation area. Notice was also mailed to the Local Agency Formation Commission, the City of Costa Mesa, John Wayne Airport, and the Airport Land Use Commission. CONCLUSIONS: The City Council is being requested to take the following actions regarding the two annexation areas: • 1. General Plan Amendments — Amendments to add the two annexation areas to the General Plan Land Use Element and other applicable Elements, as described in this report. 2. Prezoning Amendment — (1) Amendment to the Santa Ana Heights Specific Plan to incorporate land use and property development regulations for the West Santa Ana Heights area; (2) text and map amendments to add the "RMD" and "CN" Districts to the Zoning Code and to apply land use and development standards to the annexation areas, as described in this report; (3) prezoning of the Santa Ana Country Club to OS -A. 3. Negative Declarations - Adoption of the attached Negative Declarations, finding that the GPA's, prezonings and annexations will not have a significant impact on the environment. The General Plan and zoning amendments described in this report will provide for annexation of the two subject areas with a minimum of change for the affected residents and property owners. The two areas can logically become part of the City in terms of access, topography, and city services. Also, during prior annexation proceedings and protest hearings, many of the residents of the area expressed their desire to annex to Newport Beach. These facts argue in favor of the adoption of the City General Plan and • zoning amendments described in this report. • Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 17 Submitted by: Prepared by: PATRICIA L. TEMPLE LARRY N. LAWRENCE Planning Director Project Manager a r Attachments: 1. Resolution Approving General Plan Amendments, with the following exhibits: GP -1: Area 7 General Plan Designations GP -2: Addition of Area 7 to Statistical Area J6 of Land Use Element text GP -3: Emerson Area General Plan Designations GP-4: Addition of Emerson Area to Statistical Area J5 of Land Use Element Text 2. Ordinance Approvinq Prezoninq Code Amendments, with the following exhibits: ZA -1: Amendments To Zoning Code Text Relating to Area 7 ZA -2: Area 7 Prezoning — Additions to Districting Maps 30 and 67 ZA -3: Adoption of Amended Santa Ana Hts. Specific Plan by Reference ZA-4: Emerson Area Prezoning • 3. Negative Declarations and Comments on ND's from Other Agencies: ND -1: Negative Declaration for Area 7, with the following comment letters: • Letter from Local Agency Formation Commission • Letter from Airport Land Use Commission • Letter from John Wayne Airport ND -2: Negative Declaration for Emerson Area 4. Minutes of 11/20/03 Planning Commission Meeting • 0 ATTACHMENT 1: RESOLUTION APPROVING GENERAL PLAN AMENDMENTS 0 • RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL APPROVING GENERAL PLAN AMENDMENTS FOR "AREA 7" AND THE EMERSON AREA PRECEDENT TO THEIR ANNEXATION TO THE CITY [GP 2003 -006 and GP 2003 -006] WHEREAS, the City Council of 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, 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, 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, prezonings and related items and forwarded them to the City Council recommending approval; and WHEREAS, on January 13, 2004, the City Council 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 preceding public hearings. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Newport Beach makes the following findings and takes the following actions: 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, designated by reference as Exhibits ND -1 and ND- 2 of this Resolution as if completely contained herein, and all comments •' received during the public review process, the City Council determines that the projects will not have a significant impact upon the environment and accordingly adopts the Negative Declarations, reflecting the independent judgment of the City of Newport Beach. 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 City Council 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 City Council 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 City Council determines that the projects are not required to pay Fish and Game Department filing fees. 2. GP 2003 -005: Area 7. The City Council 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 City Council hereby approves GP 2003- 005, consisting of the following: • 2 • (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 the addition of the Santa Ana Country Club as OS "Open Space" and 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 City Council 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 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 City Council hereby approves 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. 3 (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. ADOPTED this 13" day of January, 2004, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS .I MAYOR • u 4 • • EXHIBIT GP -1 - ANNEXATION AREA Costa Mesa Detach from r Costa Mesa C' P 1:12.000 0 600 1.200 1.80D 2.400 Feet YUl oiArdllT kf S10EM1 "ML � �, • } I — _ TRILL SERYIfF - .. I., �l - -l" •� �- 'IJr t - s�wtTbFnb+EO ?' - 1YYY I DN!VERSIIY ea- . L IR'�ItRnuwLl ut l; �1 j -: I ( —.A AjttA 7 GENERAL .PLAN DESIGNATIONS fi fir; r_. +m4M0Ak%WA0ji =u i Newport Beach e R15T L RE>rfiATIDNLLAW 6dJIi "EMALOMSPACE � _ t - - ANNEXATION AREA Costa Mesa Detach from r Costa Mesa C' P 1:12.000 0 600 1.200 1.80D 2.400 Feet YUl oiArdllT kf S10EM1 "ML � �, • } I — _ TRILL SERYIfF - .. I., �l - -l" •� �- 'IJr t - s�wtTbFnb+EO ?' - 1YYY I DN!VERSIIY ea- . L IR'�ItRnuwLl ut l; �1 j -: I ( —.A �t. r_. +m4M0Ak%WA0ji =u i Newport Beach EXHIBIT GP -2: ADDITION OF AREA 7 TO STATISTICAL AREA J6 OF YHE LAND USE ELEMENT TEXT t IN SECTION ENTITLED: "Santa Ana Heights Area (Statistical Area J6)": 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 442 309 (133) 351,816 1,170,205 no changes 818,389 TOTAL' Population' 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 40 EXHIBIT GP-4: ADDITION OF EMERSON AREA TO STATISTICAL AREA J5 OF THE LAND USE • ELEMENT TEXT IN SECTION ENTITLED: "Westbay Area (Statistical Area J5r: 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- -0- -0- -0- TOTAL 611 643 32 Population 1222 1286 64 • • ATTACHMENT 2: ORDINANCE APPROVING PREZONING CODE AMENDMENTS 0 • ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PREZONING FOR "AREA 7" AND THE EMERSON AREA PRECEDENT TO THEIR ANNEXATION TO THE CITY ICA 2003 -006 and CA 2003 -007] WHEREAS, the City Council of 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 the city; and WHEREAS, the California Government Code requires zoning to be consistent with a city's general plan designations on property; 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 prezonings and related items and forwarded them to the City Council with a recommendation of adoption; and WHEREAS, on January 13, 2004, the City Council 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 preceding public hearings. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: ENVIRONMENTAL REVIEW. 1. Pursuant to CEQA Guidelines Section 15063, Initial Studies have been prepared for the projects. After reviewing the Initial Studies and the draft Negative Declarations, designated by reference as Exhibits ND -1 and ND -2 of this Resolution as if completely contained herein, and all comments received • during the public review process, the City Council determines that the projects will not have a significant impact upon the environment and accordingly adopts the Negative Declarations, reflecting the independent judgment of the City of Newport Beach. All records pertaining to this environmental determination are retained in the Planning Department of the City of Newport Beach. 2. Pursuant to Title 14, California Code of Regulation Section 753.5(c)(1), the City Council 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 City Council 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 City Council determines that the projects are not required to pay Fish and Game Department filing fees. SECTION 2: ZONING AMENDMENT. • 1. CA 2003 -006: Area 7. The City Council 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 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. • 2 • d. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the City Council hereby approves 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. 2. CA 2003 -007: Emerson Area. The City Council 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 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 City Council hereby approves CA 2003- • 007, consisting of the following: Amendment to the applicable zoning Districting Map, adding the Emerson Area and zoning the land therein as shown on Exhibit ZA-4 attached • ¢ hereto. 3. The City Council hereby stipulates that the approval of the amendments set forth in this Resolution shall become effective only if the annexations described hereinabove are approved by the Orange County Local Agency Formation Commission. SECTION 3: 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 January 13, 2004 and adopted on January 27, 2004 by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS 4 u. •: • • • 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 fanning 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. Multifamily Residential (MFR) District. Provides areas for medium -to -high density residential development up to approximately 36 dwelling units per grossacre, including single - family, (attached and detached). two- family, and multi - family F^s'aIRRtiA;- Ia;a.;sa;. 3. Amend the residential land use regulations table in Section 20.10.020 to add the column labeled "R D " 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 fetters "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. VVhone |o8ars in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the � heading. Residential Districts: Land Use Regulations UP = Use permit PD/U = Use permit issued by the Planning Director ilL = Limited (see Additional Use Regulations) Not Permitted Additional IRESIDENTIAL 'Group Residential IResidential Care, Limited ,lMultifamily Residential Ll)�o-Family Residential Day-Care, General 18_eligi�us -Assembly up 'FCOMMERCIAL USES T_ _F_ Horticulture, Limited T­PF_F_T_F_F IVehicle/Equipment Sales and 777-17-F- 2 • • Residential Districts: Land Use Regulations I P = Permitted UP = Use permit PD /U = Use permit issued by the Planning Director 111- = Limited (see Additional Use Regulations) ! - = Not Permitted f f # i i , I + � ' 1 J ! - ; i -_j LJ I R A I R -1 .l R 1.5 R 2 _ MFR J RMD Additional I Regulations - Commercial Parking Facility i� L -3 L -3 L -3 L -3 L -3 Visitor Accommodations Bed and Breakfast Inns �F - UP_ UP ;� (F) ` -SRO Residential Hotels - ��� EXTRACTIVE AL AND ! i USES in (A), (B), (C) Animal husbandry ` - - - — ad PDIU,�� (G) f [Crop Production Mining and Processing L 4 L 4. L 4 L 4 C4 L-4 t(H)— Accessory Structures and Uses ? PIUR PIUP, PIUP ;PIUPj PIUPj PIUP (I) TEMPORARY USES ��C (A), (B), (C)_- Circuses and C arnivals FFP - J � p �� .__ __ p (K) - ,Commercial Filming, Limitedr P �P P I (K) - Kersonal Property Sales - -_iL_ .__Tj=p (L) - -_ -' -_ ;Heliports, Temporary - _ LE5 }E�=E�:] EL5 I= (J) Real Estate Offices, Temporary Lv5 ! L -5 L -5 _ L -5 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. k? Residential Districts: Property Development R -A Minimum Site Area per Unit (sq. ft.) 0F Regulation lsi R -1 1 MFR RMD Regulations 1,000 1,000 1,200 2,000 ; (A), (B) Minimum Lot Area (sq. ft.) (87,120 5,000 5,000 5,000 5,000 5,000 j (A) -Comer Lots (sq. ft.) 87,120 6,000 5,000 6,000 6,000 6,000 (A) !Minimum Lot Width (ft.) 125 - Corner Lots (ft.) 125 �[ :6 j I 60 600 � _ (A) I ��[ Minimum Yards: Front (ft.) i ----- - - - - -- 11 Side (ft.) 20 t _____.._...il__.- 15 20 i 3;4 2�0 _...,J_�K�-'— 3;4 20 34 ? 20 y0 (C), (D), (F), (H), t — -- 3;4 .E 0 7 (C), (D), (G), (H) 1 Corner Side (ft.) =5_� 3;4 3;4 j 3;4 ; _ K F s 7. (C), (D), (G), (K Rear (ftJ � 525: 10 10 (C), (D), (H), (0) - Abutting an alley (ft.) __�=F-7 =E - Distance Between Detached Buildings (J) Maximum Height (ft.) ��� r!�- (K), (K �� Maximum Floor Area Limit ( 2.00 t50 7.00 yL75 (K), (M) J =F---- - - - -.. Required Open Space _ -- _- =� E�� (K), (i —�=E .. Off - Street Parking and Loading iL Residential Districts: Additional Property 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 and MFRS 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] • • • 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. Neighborhood Comme[QALLC_N] District.. Provides areas for retail and service uses to sent_e.ihe needs of the surrounding neighborhood and local area 6. Amend Section 20.15.020 to add the column labeled "W', 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. • 5 fCommercial Districts: Land Use i Regulations P = Permitted UP = Use permit f PD /U = Use permit issued by Planning Dir. L = Limited (See Additional Use Regulations) I - = Not Permitted R C ! C APF = RMC -I == CN -� - - Additional - Regulations (A), (B), (C), (D) J i i - _ RESIDENTIAL -' Day-Care, Limited��� PUBLIC AND SEMI - PUBLIC (D) i Clubs and Lodges UP UP Fu —PI F UP (P) - I tj -Yacht Club _ UP_ { up _. J +Convalescent Facilities ( PD /U I Culturallnstitutions j UP i UP UP I UP (P) __J Emergency Health Care _J. _�- - -_- - Government Offices jFF-71 IF Fu ­P1 F UP UP F_-__1J(G) - ^ Marinas Park and Recreation Facilities Public Safety Facilities FuP IF UP -j Religious Assembly _ I L -11 j L -11 =- - Residential Care, General j UP j UP� Schools, Public and Private C UP Utilities, Major - -,_ _ UP -- Utilities,Minor COMMERCIAL USES (B), (C), (D) dull- Oriented Businesses (H), (I) .mbulance Services ____..... - Animal Sales and Services `- Animal Grooming_ .._.----------------- ..._----- -- -- -..._i Animal Hospitals ___...._. __:._..UP UP UP_ ..._ ..... .. _. -Animal Retail Sales ` p P PD /U Artists' Studios FP_ p �: (I) Banks /Savings and Loans F -F-p— F L -3 F- With Drive - Through /Drive -Up Sery ice UP UP L -3 UP u • • • • Commercial Districts: Land Use Regulations P = Permitted LIP = Use permit PD/U = Use permit issued by Planning Dir. L = Limited (See Additional Use Regulations) Not Permitted RSC APF RMC CN Additional Regulations IBuilding Materials and Services J—P _J ------- ---- I-.-. ICatering services il P P il P P Commercial Filming ---- ... FuPu p­Fu7P_TU_P __,,1(l) LqomrT!erq�i�ecreation and Entertainment F u—P-756-p— u (P) " F [Communication Facilities P -P L_3- F Eating and Drinking Establishments i -Fu �e Service, Turnover U Lw q -Full Service, Low Turnover- (1K( :j :(P) J.-up L.up .. ..... F�q�Y T K -Full Service, Small Scale F��[��PD/U P§ /Ujo' (j), (P) Take -Out Service _ UP — EwPE-_ 5:P__ FPD:LuEl k1),.(J_),(P)___7 -Take-Out Service, Limited F-PD/u F ­pD/u Fp_D/uFP_Di u- 5_)(j) (P) - Accessory P L(l) (J), (P) Bars and Cocktail Lounges F_ u —P FUP UP 1(I), _j I- -- Food and Beverage Sales I -convenience markets lFuneral and UP UP L-3 Laboratories _!at�nriment Services P P .... ...... .. . .... ...... Maintenance and Repair services F P L- F I(D) Marine _Sales and Services E (E), (F) Boat and Fe-) _qtj�rter, Rental, ' - Sales UP F u7p I Boat tcpge F_-_ - 7-1 I -Boat zwds_ F—,F.—. FT_.._.� Marne .§!nice Station D/ - -- FFE­/ F) P. _Retail anne Sales (E), (F) ��F- - 7 [:N�i �senes Offices, Business and Professional —P _F —P—FL-3 FP I T ... ..... I Pawnshops F—P F__ F__ F F(l) Personal Improvement Services FP_D/U PD/u Fp D/U FPD/U I(') -Health/Fitness.Clubs _FPD/U FPD/U FPD/U FPD/U lPersonal Services P F L-1 FL-3 F P I -Dry Cleaners F PF L -1 L -3 F P —1 7 Commercial Districts: Land Use P I L L -1 L L -3 I I P - Fortune Telling - - ---- - -- - -- Regulations - Massage Establishments i P = Permitted -Self Service Laundries _ - ILP UP = Use permit Postal Services (=P © © L L -3 j PD /U = Use permit issued by Planning Dir. Printing and Duplicating Services � �© � -3 C C L = Limited (See Additional Use Regulations) ��[�L = �L - =p Retail Sales J P — = Not Permitted L-1 J C L -9 C f__ - - -� ---- - - - - -- RSC APF F MC CN Regulations LDry Cleaners (Collection Only) P P I L L -1 L L -3 I I P - Fortune Telling - - ---- - -- - -- - Massage Establishments -Self Service Laundries _ - ILP Postal Services (=P © © L L -3 Printing and Duplicating Services � �© � -3 C C (Research and Development Services � ��[�L = �L - =p Retail Sales J P P jj L L-1 J C L -9 C •ti f \] 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 I Regulations 11ndustry, Small Scale UP. ustry, Marine-Related !F [���ND EXTRACTIVE USES [�ji�nnq_and Processing L-10 L-10 L-io �AcceswX structures and Uses lCircuses and Carnivals [C�2mmercial Filming, Limited Flfa#s and Festiva Is Ti�es� Temporary ne��Entertainment Events Commercial Districts: Additional Land Use Regulations L'1: Permitted anan 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: Pornlhtodvvhoninoonunohonvvithaninoontk/oueeundorthopn>visionnSoction20.60.080` Marino Incentive Uses. 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 L-4: Use permit required if located within one thousand (1,000) feet of a R district or the boundaries of a • j 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 "CAI" 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 • J • Commercial Districts: Property Development Regulations 1 - -- -- RSC APF RMC CN Regulations il 1 Minimum Lot Area (sq. ft.) =00= 2,000 2,000 2,000 10,000 (A) (l) (B), (C) Corner Lots (sq. ft.) ✓������� T ,Minimum Lot Width (ft.) I 25 25 25 Corner Lots (ft.) Minimum Yards: Front (ft) -- _ l --J 15 C 20� (C), (D), (E) 4 Side (ft:) ...__ �1_= ��i (C),(D), (F),.W_J Abutting an R District (ft:) C 5 � 1[7 20 Rear (ft.) I�L-1� (C), (D) _Abutting an R District (ft.) _�C� 20 (C), (D) Abutting an alley (ft) _; 10 10 j 1�0 _I 20 j(C) (D)) ', Bulkhead Setback -10 ; 10 10 , Maximum_ Height (ft.) (G)_ - -_� Maximum Floor Area Limit~ teet ki Off- Sr Parking and Loading -.. -.-...Pa _.n.___..._._.._.___ (H) 1 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 r ar vards�lu ttina a street the setback shall be 2 f t from he ultimate right- of -wav line 11 8. Amend Section 20.65.040 to add the text shown double- underlined, as follows: Section 20.65.040 Height Limitation Zones. • 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. 24128 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 through the adoption of a Specific Plan, or through the approval of a use permit. This height limitation zone shall apply to all MFR and RIVID 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 RMD 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 districts other than R -1, R -1.5, R -2, MFR N1Q 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 Z CL 0 Z C-4 co 0 FE (9 x z LU z ti 0 LLJ U- 0 Z 0 11 Al 0- z1f 2 LL. U I't CIZ 1.1� Ix a. ce CL' LL -qtzz. LU 0 m 0 via g 0 00 0 r. O I 0) 0 b z LL ac 3 02 LL. A�l \ rT ul in CL 0 9L • EXHIBIT ZA -3: ADOPTION OF AMENDED SANTA ANA HEIGHTS SPECIFIC PLAN BY REFERENCE (ZONING CODE CHAPTER 20,44, ENTITLED "SPECIFIC PLAN #7, SANTA ANA HEIGHTS "q [Amended Specific Plan text distributed separately due to bulk. Available for public inspection at the City of Newport Beach Planning Department, 3300 Newport Boulevard, 949 - 6443200) • E CHAPTER 20.44 SPECIFIC PLAN DISTRICT #7 SANTA ANA HEIGHTS Sections: Page 20.44 -I Specific Plan District #7 Santa Ana Heights 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 (RK) 20.44.040 Residential Single Family District: SP -7 (RSF) 20.44.042 Residential Multiple Family District: SP -7 (RMF) 20.44.044 Horticultural Nursery District: SP -7 (HN) 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 Overlay 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 #7" (Exhibit 20.44 -1), incorporated herein and designated "SP -7" on Districting Map Nos. 30, 34, 42, 61, and 67. B. Redevelopment Proiects. Redevelopment projects within the Santa Ana Heights Specific Plan District shall be governed by the provisions of Chapter 15.65 of the Municipal Code. \J 40 N l� V # s U .N x too �< •y a � U N U v II. N C� • '•v . � -t 4 LL �.O anc JYSaY.� n 5 V 0 N S X w TTFF 1 ! ! k G 1. z > � ro 0 > Z �.L.l.t i.k 7 < 4 1. i.' L 1 1 L � l � i o � c .- .1:�.•. ._i �} .� > -i _ -, ..` _...- U {..�k m. t�lEiii E!'iktili iCtiii'" ilEt_6iii�i— nx ., o- .�R U LL ;- H�!I!- �.E- _ - N.. ' •f ' �� i f l E ! L E � C: ' F' S R �. G • i} W � r '� _ l t i R:! F' S � LU 2 ; Ix Ct T- _ W CO �n '•v . � -t 4 LL �.O anc JYSaY.� n 5 V 0 N S X w TTFF 1 ! ! k G 1. •- > � ro 0 > Z U LL ;- �J. Z K LU Ix _ W CO �n '•v . � -t 4 LL �.O anc JYSaY.� n 5 V 0 N S X w TTFF 1 ! ! k G 1. •- > � ro > F U LL ;- a K _ LLM �n '•v . � -t 4 LL �.O anc JYSaY.� n 5 V 0 N S X w 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 goals and objectives have guided the preparation of this Specific Plan and 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 prune importance in the consideration of future development proposals. 1. 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 courtyards/plazas (e.g., trellises, low parapet walls, extended roof or patio overhangs). C. Buildings clustered around a pedestrian area, such as a • courtyard/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 negative space to create an interesting blend with 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 Page 20.44 -5 Specific Plan District #7 Santa Ana Heights connection with the exterior setting of courtyard or plaza areas. • 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 be 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. E Page 20.44 -6 Specific Plan District #7 Santa Ana Heights • b. Care shall be taken to provide minimum conflict between service vehicles, private automobiles, and pedestrians. 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. Building 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 ten feet from any side property line and shall not exceed a height of 8 feet maximum abutting the BP District. 6. Energy 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 #7 Santa Ana Heights LANDSCAPE PLAN/BUFFER DIAGRAM 1) kl ENTRY Upper Newport Bay 0 1000 Feet O Upper Newport Bay Resident al Lansoape Theme -onLiMentation Reside lii Business Park Landscape Theme Specific Plar, Boundary 10'Buffer Zone Landscaping N �,%%� 4( W E S EXHIBIT 20.44-2 • 11 • Page 20.44 -8 Specific Plan District #7 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 • Handscape and street furniture design • Landscape maintenance 1. 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 11 -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 � U N y � A Q a � a U � w- U N d W r� r U U Q i U U 4 ti M a 0 N ti 0 • \ §\ \�\ �`) ) §z 0 0 e/ � � 2 5 §a U) ^ e § ; 3: E o > eXOo mm � - _ § _ : .U3-1 a NY1 2w k % \ � § \ §� 7 z � 2 e $ k � � � \ q $ $ f q / � / f m % � \ � W U t % % � % � f / & N N Q G a .L a � U � W U N a e� i f Y � O r {lJ n in VM3H1 N r 3 w r O > < _ IL n LO r n N r i• CD .y 'V V A i COD ti ri A A U O • I ti V U h a 0 N w � U � 7 � N oNx �Q rz a. U � W L]. 0 • .y W A ti W h W V i O h V N V h e d N h ti W Q 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. Daylily Hebe buxifolia `coed' `Hebe' Pittosporum tobira `variegata' Variegated tobira Raphiolepsis indica India hawthome Agapanthus spp. Lily -of -the -Nile Pittosporum tobira `wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelospermum iasminoides Star jasmine All shrubs shall be a minimum size of five gallon. Groundcover Hedera Helix `Hahns' English Ivy Turf is discouraged. • 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 is individual property owners concurrent with development of approved projects. The ten -foot landscaped parkways shall be planted with the designated street tree, Platanus acerifolia (London plane tree), in 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 will be located at the intersection of 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. Page 20.44 -15 Specific Plan District #7 Santa Ana Heights • Pedestrian crossings and signalization, if appropriate. 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 sop. Daylily Hebe buxifolia `coed' Hebe Pittosporum tobira `variepata' Variegated tobira Raohiolepsis indica India hawthome Bougainvillea spy. Bougainvillea AQapanthus spp. Lily -of -the -Nile Abelia Qrandiflora Glossy abelia Photinia fraseri Photinia Pittosponun tobira `wheeleri' Dwarf tobira Xvlosma coneestum 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 spy. 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 47 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 Jacaranda mimosifolia • (multi- trunk) Liquidambar styraciflua Callistemon citrinus All accent trees shall be a Shrubs: Cajeput tree Jacaranda American sweet gum Lemon bottlebrush minimum 24 -inch box size. Hemerocallis spp. Daylily Hebe buxifolia `coed' Hebe Pittosporum tobira `variegata' Variegated tobira Raphiolepsis indica India hawthorne Bougainvillea son. Bougainvillea Agapanthus sop. Lily -of -the -Nile Abelia Qrandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelosoermum iasminoides Star jasmine Dodonea viscosa `purpurea' 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 3. 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 Pittosponnn undulatum Pinus halevensis Canary Island pine Fem 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 buxifolia `coed' Hebe Pittospomm tobira `variepata' Variegated tobira Raphiolepsis indica India hawthome Bougainvillea spp. Bougainvillea Agapanthus spp. Lily -of -the -Nile Abelia yrandiflora Glossy abelia Photinia fraseri Photinia Pittospomm tobira `wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelospermum iasminoides Star jasmine Dodonea viscosa `purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. • • • Groundcover: Gazania sm. Hedera Helix `Hahns' • • Page 20.44 -18 Specific Plan District #7 Santa Ana Heights Gazania English Ivy Heavy planting is recommended to screen views. 4. 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 spp. Daylily Hebe buxifolia `coed' Hebe Pittosporum tobira `variegata' Variegated tobira Raphiolepsis indica India hawthorne Bougainvillea spp. Bougainvillea Agapanthus spp. Lily -of -the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelospermum iasminoides Star jasmine Dodonea viscosa `purpurea' Hop seed bush All shrubs shall be a minimum size of five gallon. N 7 •V N o N_ x N CLO C w � w �U a W CAI a N • h W d N W C� w 1.HEJ13H omcalline,L a w a. w J � a� U HO13H w E a-une,os 2— W 02 c UQ Y c a z z°_ w w fn Y v Z w e LL o W m a w CL O a z a w D w J H w 0 w it W CAI a N • h W d N W C� N 3t Y _ 'V d o yx N to [� C a � v � w n • J CL — — — r- — Y z -- a � 7 m I r EL 0� J U (1] - Z LY7 Y < d ELY K _ Q f z a 12 am W coo— U W A U O ti �i COO) 0 N ti 4 Page 20.44 -21 Specific Plan District 47 Santa Ana Heights Groundcover: Gazania sop. Gazania Hedera Helix `Hahns' English Ivy 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. Proiect 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. Liahtina 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 ties on trees shall be checked regularly for correct 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. • 20.44.025 0 10 Page 20.44 -23 Specific Plan District #7 Santa Ana Heights Land Use Regulations Land Use Desi agn tions. The following land use designations are established for the Santa Ana Heights Specific Plan area: 1. Open Space and Recreational District: SP -7 (OS/R). 2. Residential Equestrian District: SP -7 (REQ). 3. Residential Kennel District: SP -7 (RK). 4. Residential Single Family District: SP -7 (RSF). 5. Residential Multiple Family District: SP -7 (RMF) 6. Horticultural Nursery District: SP -7 (HN) 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 47 ", and the provisions of this Section. Special Symbols. The following special symbols are hereby established for the Santa Ana Heights Specific Plan Land Use Map (Exhibit 20.44 -1) 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. 2. 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. 3. Maximum Height. A number below the district symbol, with an underline under the district symbol, shall designate the minimum building height in feet. C. Definitions. Except as otherwise specified below, the meaning and construction of words, phrases, titles and terms used in this specific plan shall be the same as provided in Section 20.03.030: L� L� 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 Mitigation. 1. 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 structures 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. • Page 20.44 -25 Specific Plan District 47 Santa Ana Heights 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 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 by the FAA have been incorporated into the design of the project. 4. All projects including, but not limited to, General Plan Amendments and Zone Changes, within the project area pertinent to the Airport Land Use Commission's (ALUC) John Wayne Airport "Airport Environs Land Use Plan" shall be referred to ALUC until such time as the City becomes a "Consistent Local Agency" as defined by ALUC. For purposes of this requirement, the term "project" shall include those applications requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, and/or condominium conversions. Such projects shall not include minor modifications, such as remodels and additions to single family dwelling units with no intensification of development. 20.44.030 Open Space and Recreation District: SP -7 (OSR). • A. Purpose and Intent. The SP -7 (OSR) District is established to ensure the long -term use and viability of the Newport Beach Golf Course. B. Principal Uses Permitted. 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 District 47 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: 1. 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: 1. All uses not listed in this Section as permitted. E. Site Development Standards. 1. 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. 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. 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 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. E 1 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 up to the age of eight months): Size of Building Site s .ft. Maximum Number .Permitted Less than 10,000 1 10,000 to15,000 2 Greater than 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. E. F H 0 Page 20.44 -29 Specific Plan District #7 Santa Ana Heights f. Minimum setbacks for the keeping of animals shall be as follows: .1" �'�y t,• •:1 .. �i� �CJ.'JU.1 t 1 G ,�j�l�y.. I 1'�..•I -I`j �t �il•��] \.: . {{1� LIAx'. �i��li i�l�i J,�xP: l��;iili Front S �imd Front Side Front Side All structures housing 11 cages, doghouses) *Required for covered portions of structures only Granny unit, attached or detached, in conformance with Chapter 20.85, subject to approval of a use permit by the Planning Director. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District. 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. Site Development Standards. 1. 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. • • • Page 20.44 -30 Specific Plan District #7 Santa Ana Heights • 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. G. Use Permit Procedures. 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 1 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 1 month, obtain a Recreational Horse Permit if the total number of such animals over the age of eight months exceeds 2. The Planning Director 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, 1) 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 terms 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. L J Page 20.44 -31 Specific Plan District #7 Santa Ana Heights 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 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: SP -7 (RK). A. Purpose and Intent. The RK District is established to provide for the development and maintenance of a neighborhood which includes single family residences in conjunction with commercial kennel businesses. 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 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: 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: 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: • 1. Garages and carports. Page 20.44 -33 Specific Plan District #7 Santa Ana Heights 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 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 located in compliance with Section 20.60.020. 8. Granny unit, attached or detached, in conformance with Chapter 20.85, subject to approval of a use 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: I . 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. Building Site Area. 8,000 square feet minimum. • Page 20.44 -34 Specific Plan District #7 Santa Ana Heights • 2. Building Height. 35 feet maximum. 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%2 feet per the Municipal Code. (4) Within the front 50 feet or front one -half of any building site, 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: Page 20.44 -35 Specific Plan District #7 Santa Ana Heights a. The proposed change does not increase the overall size of the facili� by more than 10% from that shown on the current plot plan; b. The proposed change does not increase the number of dog runs from that shown on the current plot plan; C. 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 NO' Control). The report shall be prepared by a City- approved acousti 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). • Page 20.44 -36 Specific Plan District #7 Santa Ana Heights • 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. 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 permit. 6. Home occupations per Section 20.60.100. 7. The noncommercial keeping of pets and animals as follows: • Page 20.44 -37 Specific Plan District #7 Santa Ana Heights 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 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, subject to approval of a use 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. The keeping of animals for any commercial purpose unless provided for by an approved use permit. • • Page 20.44 -38 Specific Plan District #7 Santa Ana Heights • 4. Apiaries. F. Site Development Standards. 1. Building Site Area. 7,200 square feet minimum, except as otherwise identified on the Land Use District Map. 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. • 20.44.042 Residential Multiple Family District: SP -7 (RMF). A. Puroose 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. 1. 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: • Page 20.44 -39 Specific Plan District 47 Santa Ana Heights 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. 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 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. 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. • Page 20.4440 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. 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. 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. 20.44.044 Horticultural Nursery District: SP -7 (HN). 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. • Page 20.4441 Specific Plan District #7 Santa Ana Heights 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. 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: Detached buildings. 2. Fences and walls. 3. Signs. Signs are permitted subject to the provisions of Chapter 20.67, except that no sign shall exceed 25 square feet in area or be lighted or 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: I. All uses not listed in this Section as permitted. 2. Retail nurseries. 3. The commercial stockpiling or processing of manure. F. Site Development Standards. I . 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. • • • • Page 20.4442 Specific Plan District #7 Santa Ana Heights 5. Off -Street Parking. Per Chapter 20.66. 6. Li tin . All lighting shall be designed and located so that direct light rays are confined to the premises. 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. 1. 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. e. 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. Page 20.4443 Specific Plan District #7 Santa Ana Heights 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. 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: I. 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 Sims — 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 • Page 20.4444 Specific Plan District 47 Santa Ana Heights • 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. • E 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 project for sale or rent to which it pertains.) e. 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 Programs — 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. Page 20.4445 Specific Plan District #7 Santa Ana Heights g. Other Signs — Except for signs specifically prohibited below, any 3 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. • Portable signs. • Electronic flashingfblinking 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: 1. 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. 17J Page 20.44 -46 Specific Plan District #7 Santa Ana Heights • 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 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. Loading. 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. • Page 20.4447 Specific Plan District 47 Santa Ana Heights (2) Berms. 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 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%2 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. • • Page 20.4448 Specific Plan District #7 Santa Ana Heights • 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. 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. 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. e. 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. 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 Page 20.44 -49 Specific Plan District #7 Santa Ana Heights 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. 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. e. 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 1 to 5 years at the discretion of the Planning Director. • Page 20.44 -50 Specific Plan District #7 Santa Ana Heights • 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 or fence may 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. 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. Page 20.44 -51 Specific Plan District #7 Santa Ana Heights 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. 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 1 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. • • • Page 20.44 -52 Specific Plan District #7 Santa Ana Heights • 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 may exceed the maximum 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 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: (1) 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: (1) For structures 30 feet or less in height: 45 feet minimum, to include a 10 -foot wide landscape buffer adjacent to the property line. Page 20.44 -53 Specific Plan District #7 Santa Ana Heights (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 1 level of parking is permitted below any floor with office /commercial space. 7. Trash, Storage and Ground - Mounted Mechanical EquiRment. 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 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% feet of permanent window • Page 20.44 -54 Specific Plan District #7 Santa Ana Heights • 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 view 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.) 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. Siens. The following signs shall be permitted, subject to the restrictions specified and the provisions of Chapter 20.67: a. Ground Signs: 1 double -faced ground sign per building site within the required front setback area, containing only the address of the property. Ground signs shall not exceed 6 feet in height including 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 • Page 20.44 -55 Specific Plan District #7 Santa Ana Heights so as not to create a sight distance safety problem for vehicle or pedestrian traffic. b. Wall Signs. (1) 1 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 square feet in area. Such signs shall not be located above the roof facia, shall not have internal lighting, and shall be made of a material compatible with the materials of the building. 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. 1 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. e. 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 • Page 20.44 -56 Specific Plan District #7 Santa Ana Heights • 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. e. 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. • 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. NO F, Page 20.44 -57 Specific Plan District #7 Santa Ana Heights 3. Accessory uses and structures which the Planning Director finds consistent with the purpose and intent of this district. 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. Site Development Standards. 1. 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. 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 berming, 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 • Page 20.44 -58 Specific Plan District #7 Santa Ana Heights • for parking and loading areas and outdoor uses expressly permitted by an approved modification permit or use permit. 11. Screening. Screening shall be provided per the standards of Subsection 20.44.045 -F. 12. Landscaoina. 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. • d. Permanent watering facilities shall be provided for all landscaped areas. e. 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 prior to the issuance of 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' /z 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). • Page 20.44 -59 Specific Plan District #7 Santa Ana Heights • 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. 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. I. 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. u Page 20.44 -60 Specific Plan District #7 Santa Ana Heights • 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. 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 Subiect 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: • Page 20.44 -61 Specific Plan District #7 Santa Ana Heights 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 of 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. 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. Buildinp 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 • Page 20.44 -62 Specific Plan District #7 Santa Ana Heights • permit plans including distances between buildings and distances from streets and common driveways. 20.44.070 Commercial Stable Overlay District: (S) A. Principal Uses Permitted. Commercial stables, housing horses and ponies only, are permitted in areas designed with an "(S)" overlay designation, subject to approval of a use permit by the Planning Commission per Chapter 20.91. No residential uses shall be permitted on the same building site as a commercial stable. B. Site Development Standards. 1. 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: (1) 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 E Page 20.44 -63 Specific Plan District #7 Santa Ana Heights 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: (N'). 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. 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 of the plan was reduction of 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 1: Installation of a traffic signal at the intersection of Irvine Avenue and Orchard Drive. • • Page 20.4464 Specific Plan District #7 Santa Ana Heights • 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: 1) 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 cul -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. • 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. Page 20.44 -65 Specific Plan District #7 Santa Ana Heights • 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 fire flow requirements and other design criteria. City design criteria may differ in some respects, which may require modifications before implementation occurs. 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. • Page 20.44 -66 Specific Plan District #7 Santa Ana Heights • • 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 Spruce 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 capacity. In 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 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. Page 20.44 -67 Specific Plan District #7 Santa Ana Heights • Improvement Feature D: Pump Station 11 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 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. • Page 20.44 -68 Specific Plan District #7 Santa Ana Heights • Improvement 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 of a storm drain and two catch basins along 250 feet of 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 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 Page 20.44 -69 Specific Plan District #7 Santa Ana Heights 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: 1. 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. 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. • Page 20.44 -70 Specific Plan District #7 Santa Ana Heights • 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. E • _mow � � s N N Q C a. c U � U N 6 V> �,e 1 uo N a ---fir 7 9y o G wo u i; P\11 ol � I \ \\ \ o a Fol�T • h W W a U d' N • Page 20.44 -72 Specific Plan District #7 Santa Ana Heights • 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. • • • ATTACHMENT 3: Negative Declarations and Comments from Other Agencies 0 E 0 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: Julv 1, 2003 Patricia L. Temple, Planning Director J CITY OF NEWPORT BEACH • INITIAL STUDY AND ENVIRONMENTAL CHECKLIST 1. 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 Club, 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 boundary, 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, described as Area 7. 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. 9. Surrounding Land Uses And Setting (see map at end of document): 10. 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. 11. Existing Conditions: Land Use And Develonment With the exception of a few vacant infill lots, the annexation area is built out. Current land uses in the area include single family and multiple family residential, professional office, horticultural nursery, the Santa Ana Country Club, and accessory equestrian and kennel uses. The General PIan and Zoning Code for the City of Newport Beach do not cover the proposed annexation area. Therefore, land use and circulation designations and specific plan provision 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 Sheriff's 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 Irvine Ranch Water District (IRWD). Solid waste is collected by Waste Management Inc. Area 7 Annexation INITIAL STUDY Page 2 MIN To the west: The 55 Freeway and Residential in the City of Costa Mesa Bristol Street, John Wayne Airport, Corona del Mar Freeway, and business park To the north 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 Required (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 Develonment With the exception of a few vacant infill lots, the annexation area is built out. Current land uses in the area include single family and multiple family residential, professional office, horticultural nursery, the Santa Ana Country Club, and accessory equestrian and kennel uses. The General PIan and Zoning Code for the City of Newport Beach do not cover the proposed annexation area. Therefore, land use and circulation designations and specific plan provision 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 Sheriff's 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 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. a 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 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. ❑ • 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. p Signature LARRY LAWRENCE Printed Name July 1, 2003 Date • Area 7 Annexaiile INITLAL 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. IMPACT CATEGORY Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact SOURCES' ' See Source References at the end of this Checklist. 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ 0 1,3,4 scenic vista? b) Substantially damage scenic resources, ❑ ❑ ❑ R1 1,3,4 including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? i c) Substantially degrade the existing visual ❑ ❑ ❑ 0 1,3,4,5,6 character or quality of the site and its surroundings? d) Create a new Source of substantial ❑ ❑ ❑ E1 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, ❑ ❑ ❑ a 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 ❑ ❑ ❑ a 1,3,4,5,6 use, or a Williamson Act contract? • Area 7 Annexation INITIAL STUDY Page 5 IMPACT CATEGORY 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? Potentially Significant Less than No Significant Unless Significant Impact SOURCES' Impact Mitigation Impact 1,3,4,9,10,11 Incorporated ❑ ' See Source References at the end of this Checklist. ❑ ❑ ❑ 0 1,3,4,5,6 ❑ ❑ ❑ 0 1,3,4,9,10,11 ❑ ❑ ❑ 0 1,3,4,9,10,11 ❑ ❑ ❑ [� 1,3,4,9,10,11 ❑ ❑ ❑ 0 1,3,4,9,10,11 ❑ ❑ ❑ 1.3,4,9,10,11 ❑ ❑ ❑ 0 1,3,4,11 ❑ ❑ ❑ a 1,3,4,11 Area 7 Anne alile INITIAL STUDY Page 6 .l votenaany Potentially Significant Less than No Significant Unless Significant pa ct SOURCES' Impact IMPACT CATEGORY Impact Mitigation Impact Incorporated 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? ' See Source References at the end of this Checklist. ❑ ❑ ❑ II 1,3,4,11 ❑ ❑ ❑ II 1,3,4,11 ❑ ❑ ❑ II 1,3,4,11 ❑ ❑ ❑ ❑ 1,3,4,11 ❑ ❑ ❑ II 1,3,4,11 ❑ ❑ ❑ II 1,3,4,11 ❑ ❑ ❑ II 1,3,4,11 ❑ ❑ ❑ II 1,3,4,11 • Area 7 Annexation INITIAL STUDY Page 7 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. li) 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 altemative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS & HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? ❑ ❑ ❑ El 1,3,4,11 ❑ ❑ ❑ R1 1,3,4,11 ❑ ❑ ❑ 0 1,3,4,11 ❑ ❑ ❑ El 1,3,4,7,11 ❑ ❑ ❑ El 1,3,4,7,1 1 ❑ ❑ ❑ El 1,3,4,7,11 ❑ ❑ ❑ 0 1,3,4,11 ❑ ❑ ❑ 0 n/a ❑ ❑ ❑ El 2,3,4,5,6,11 Area 7 Annexatio INITIAL STUDY Page 8 IMPACT CATEGORY b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 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? Vlll. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? E Potentially Significant Less than Significant Unless Significant No SOURCES' Impact Mitigation Impact ' See Source References at the end of this Checklist. ❑ ❑ ❑ EI 2,3,4,5,6,11 ❑ ❑ ❑ EI 2,3,4,5,6,11 ❑ ❑ ❑ EI 2,3,4,5,6,11 ❑ ❑ ❑ 2,3,4,5,6,11,1 13 ❑ ❑ ❑ EI n/a ❑ ❑ ❑ EI 2,3,4,5,6,11 ❑ ❑ ❑ EI 2,3,4,5,6,11 ❑ ❑ ❑ EI 3,4,11 Area 7 Annexalion INITIAL STUDY Page 9 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? ❑ ❑ ❑ 0 3,4,11 ❑ IMPACT CATEGORY Potentially Significant Impact rocenaauy Significant Unless Mitigation Incorporated Less than No Significant Impact Impact SOURCES" ❑ ❑ ` See Source References at the end of this Checklist b) Substantially deplete groundwater supplies ❑ ❑ ❑ 0 3,4,11 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 ❑ ❑ ❑ 0 3,4,11 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 ❑ ❑ ❑ 0 3,4,11 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 ❑ ❑ ❑ 0 3,4,11 would exceed the capacity of existing or ' planned storrnwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water ❑ ❑ ❑ 0 3,4,11 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? ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ 0 3,4,11 j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ 0 3.4.11 Area 7 Anna MrRAL STUD Page 10 •� IMPACT CATEGORY X. LAND USE AND PLANNING. Would the project a) Physically divide an established community? 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 existinq without the oroiect? rotermauy Potentially Significant Less than Significant Unless Significant No SOURCES' Impact Mitigation Impact Incorporated See Source References at the end of this Checklist ❑ ❑ ❑ a ❑ ❑ a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ JI ❑ a ❑ a ❑ a ❑ a ❑ a ❑ a 1,2,3,4,5,6,11 1,2,3,4,5,6,11, 12.0 1,2,3,4,5,6,11 1,3,4,11 1,3,4,11 1,2,3,4,8,1 1, 1,2,3,4,8,11 1,2,3,4,8,1 1, 1,2,3,4,8,11, 12 13 • Area 7 Annnalion INITIAL STUDY Page I I Potentially Significant Less than No Significant Unless Significant Impact SOURCES' IMPACT CATEGORY Impact Mitigation Impact Incorporated ' See Source References at the end of this Cheddist. e) For a project located within an airport land ❑ ❑ ❑ 0 1,2,3,4,8,11, use land use plan or, where such a plan has 113 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 ❑ ❑ ❑ 0 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 ❑ ❑ ❑ 2,3,4,11 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 ❑ ❑ ❑ 0 2,3,4,11 housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, ❑ ❑ ❑ 0 2,3,4,11 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? ❑ ❑ ❑ 2,3,4,11 Police protection? ❑ ❑ ❑ 2,3,4,11 Parks? ❑ ❑ ❑ 2,3,4,11 Area 7 Annexa[is INITIAL STUDY Page 12 • Area 7 Ann"atim INITIAL STUDY Page 13 IMPACT CATEGORY Potentially Significant impact Potentially Significant Unless Mitigation Inco orated Less than Significant Impact No Impact SOURCES' ' See Source References at the end of this Checklist. Schools? ❑ ❑ ❑ 2,3,4,11 Other public facilities? ❑ ❑ 0 ❑ 2,3,4,11 XIV. RECREATION a) Would the project increase the use of ❑ ❑ ❑ 2,3,4,6 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 ❑ ❑ ❑ 0 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. TRANSPORTATIONffRAFFIC 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 ❑ ❑ ❑ 2,3,4,6 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, ❑ ❑ ❑ 2,3,4,6,11 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 ❑ ❑ ❑ 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? ❑ ❑ ❑ 0 2,3,4,6 f) Result in inadequate parking capacity? ❑ ❑ ❑ 0 2,3,4,5,6 • Area 7 Ann"atim INITIAL STUDY Page 13 IMPACT CATEGORY 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? Potentially Significant Less than No Significant Unless Significant pact SOURCES' Impact Mitigation Impact ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ 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 Ann"ano INITIAL STUDY Page 14 Potentially Significant Less than No Significant Unless Significant Impact SOURCES* IMPACT CATEGORY Impact Mitigation Impact 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. L J ' See Source References at the end of this Checklist. 0 L 0 L J J J 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 document). Site visits to annexation area by Larry Lawrence, project manager for City of Newport. • Area 7 Annexation INITIAL STUDY 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 Specifc 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. Aimort Environs Land_ Use _Plan _IAELUP_ 1. Airport Land Use Commission, December 19. 2002. 13. Calffibmia Airport Land Use Planning Handbook. Caltrans Division of Aeronautics. January 2442. B. EXPLANATION OF CHECKLIST RESPONSES: is 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 AnnexatilD IMTIAL STUDY Page 16 • HAZARDS AND HAZARDOUS MATERIALS: • Safety on the Ground: Safety Aloft: is 42 feet, allowed for the existina Newport Trade Center on Irvine.Ay_enue.. LAND USE AND PLANNING: General Plan and Prezoning: 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: • 1. 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. 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 INITIAL STUDY Page 17 • NOISE: • 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 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 7 Anneratio W ITIAL STUDY Page 18 MAP OF ANNEXATION AREA 0 -'AREA 7 ANNEXATION AREA . .. . ......... . I • r'7 zr;. k. "WoVe ASHY wt- osta Mesa Newport Beach rh� l.wo !1W 1�11-'.r W fq5 Cily Bouro ry (Cu.rcnli. CMcayBou"d.py(CuRPnij • Area 7 Annexation INITIAL STUDY Page 19 RLWWfly r'7 zr;. k. "WoVe ASHY wt- osta Mesa Newport Beach rh� l.wo !1W 1�11-'.r W fq5 Cily Bouro ry (Cu.rcnli. CMcayBou"d.py(CuRPnij • Area 7 Annexation INITIAL STUDY Page 19 ATTACHMENTS TO ND -1: COMMENTS FROM OTHER AGENCIES 0 LAFCO tlrm:ttc Couwl '. a.t:R .t UANE u11 %FER INKiMIR cos: Wzi\ lilt'*?.` Dilfq;ii '�iCr(' Ii.VR CHANT ESt <i117U %Fts'. Dl.i !A!, RA�nal.l NR Ftc F'Y"T4' NA Ml_i f'N7EK lfERlfa. AJAN HILStIt 7F.FRi <N:7.S ^t r.: ?t rtwa t$ tt. \t aN>7 G DiS,pic- JOHN JOH ?R atTHERS LAN t -r ROBERT VA ER RilOtDw t7dEXF. :_teri.t:r it+tes tt uL\ t >±�Eut fx;a seCU.a osTRx- +LFER.NtrE CHARLEY wTL50t DiXECTOR SA NTA XiARLARI TA RATER D3TRfC1 UA.%A ?t. $KITH i AEC, Aqust 8. 2003 Patricia L. Temple, Planning Director City of Newport Beach ."00 Newport Boulevard - -P.O. Box 1 ?68 Newport Beach, CA 92658 -S91 3 Lacal : igencs Morin _,'ton CiTV r- .. 17. '. ? NO3 luau Arts gtgtg IU,I�,l�ti,8,v;4�5t5 RE: Comments on Initial Study.'Negative Declaration — General Plan Amendment, Pre - zoning, Sphere of Influence Amendment and Annexation of West Santa Ana Heights, Santa Arta Country Club, and the area south of .lesa Drive to the City of Newport Beach Dear Ms. Temple, Thank you for the opportunity to comment on the above - referenced environmental document. As a responsible agency for the future annexation of this area. LAFCO has reviewed the Initial Study/Negative Declaration and has the following comments. For clarification and background for the reader, the "Existing Conditions - Land Use and Development'* section on Page 2 of the Initial Study should reference that the subject property is currently located within the Costa .Mesa Sphere of Influence, and that a competing annexation application for the West Santa Ana Heights area to the City of Costa Mesa is currently an file with LAFCO. Portions of the subject territory are located within the Santa Alta Heights Redevelopment Project Area- The Negative Declaration should reference this and discuss how potential annexation would impact administration of the redevelopment project area. 3. The proposed annexation and sphere of influence boundary included within the Negative Declaration appears to include property located within the northern portion of the Newport Beach Golf Course. This territory is owned by the County of OrangetJohn Wayne Airport and is overlain by the airport's Runway Protection Zone (RPZ). According to the Federal Aviation Administration, an RPZ is territory located beyond the end of an airport runway that is designed to protect people and property on the ground in the event of aircraft crashes. This area is currently located within the Costa Mesa Sphere of Influence. 11 CIVtc Canter Ptaza. Ream 235, Santa Ana. CA 92701 1713Y833 -2_556 FAXj713YS34-1611 hnp�:www.owp.hfco mp • • • August 8, 2003 RE: Comments —Negative Declaration Page 2 )h%hen evaluating amendments to Spheres of Influence, there are four factors that LAFCO is statutorily required to consider (Government Code Section 56426.5): > Present and planned land uses in the area, including agricultural and open spacelands. > Present and probable need for public facilities and services in the area > Present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide. Existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency. Including this area within the Citv's proposed annexation appears to conflict with the County's Guidelines for Annexations and Incorporations, adopted by the Board of Supervisors on October 7, 1997, which outlines the County's intention to oppose annexation requests which impact regional facilities necessary for core business functions. If you have any questions or concerns, please contact me either by email at baidricit womnvc.lafco.ca.aov or by phone at (714) 834-2556, Si�necrel�lyly. Bob Aldrich Assistant Executive Officer •` u 0. 1 - qq7 M& �5n August 11, 2003 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 749.252-5r7O fax: 949.252 6012 Ms. Patricia L. Temple, Planning Director Planning Department City of Newport Beach 3' )00 Newport Boulevard Newport Beach, CA 92658 -8915 Subject: Negative Declaration: Project PA 2003 -149, General Plan Amendment GP 2003 -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, I wish to olFer 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 Land Use Plan ( AELUP) 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, guidetines, and criteria are presented in the Caltrans/Division of Aeronautics California Airport Land Use Planning Handbook. The Hmtdbook is required by California statute (Public Resources Code, Section 21096), to be used by lead agencies as a technical resource for CEQA clearance documents, when applicable. Also, the AELUP and the Handbook should be listed in the Negative Declaration under "Source References." Perhaps more importantly, please note per Section 21676(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 or Inconsistency with the AF,LUP, prior to project approval by the Newport Beach City Council. Sincerely, Joan S. Golding Executive Officer • cc: Larry Lawrence, Project )Manager V--� V1114( AI MAYM OrangeCarry.C216a a Alm r. Murphy Airport Director 3160a.invay At,rue Cwa,,%4s,CA 92626 -4606 949.252.5171 949,252.517 ax . %,wocar.cnm August 11, 2003 Ms. Patricia L. Temple Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Subject: 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 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 annexation of the West Santa Ana Heights 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 (SOT) 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. 'Ale are aware of the "competing" annexationJSOI application by the City 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 Course be deleted front 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 S0I 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 previously indicated, this area is an Airport RPZ. FAA Regulations (AC 150 %5300 -13) indicate that the function of the RPZ is to enhance the protection of people and property on the ground. The • • • Ms. Patricia Temple Page 2 August 11, 2003 Regulations note that this "is achieved through airport owner control over RPZs." The special circumstances which apply to the Airport -owned property and what distinguishes it from privately -owned property in the area, include the policies adopted by the County of Orange and the cities of Orange County with respect to guidelines for annexations and incorporations. It has been agreed that while areas within recognized SOIs reflect the long -term service delivery boundaries for a city, those areas that include regional facilities and are part of the County's core business functions would remain unincorporated. Again, thank you for discussing this important issue with the Airport and agreeing that the JWA- owned portion of the NBGC will not be part of the City's General Plan Amendment and Annexation/Sphere of Influence processes. The enclosed map depicts (in gold hatching) the area of concern described above. Sincerely, . lan L. Muuphy • Airport Director Enclosure: Map of AVA and Proposed Costa Mesa and Newport Beach Annexation Area cc: Allan Roeder, City Manager, Costa Mesa t/ Larry Lawrence, Project Manager, Newport Beach • $ o02 U; ` 2 «7 §§ ii �Z ^ Vzo a O22 k» t \ ® R ! ©§ » §■Z z | k 7 M2a % 2 9« 0 .� E 0 0 EXHIBIT ND -2: NEGATIVE DECLARATION FOR EMERSON AREA ANNEXATION To: City of Newport Beach 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 • NEGATIVE DECLARATION Office of Plarming and Research 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 19 to August 18, 2003 7 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 2151 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: July 10, 2003 Patricia L. Temple, Planning Director CITY OF NEWPORT BEACH 10 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 215 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 S. 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): Pro'ectArea: Sin le family residential To the west, south and east: Residential uses in the City of Costa Mesa 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 provided by the Orange County Sanitation Districts. Water facilities and service are provided by tHW 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 Anncxalion INITIAL STUDY 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. 0 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 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. ❑ 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. ❑ July 10, 2003 Signature Date LARRY LAWRENCE Printed Name • Emerson Annexation INITLSL 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 projects 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 Incorporated ` See Source References at the end of this Checklist I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ 0 1,3,4 scenic vista? b) Substantially damage scenic resources, ❑ ❑ ❑ 21 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 ❑ ❑ ❑ 21 1,3,4,5,6 character or quality of the site and its surroundings? d) Create a new source of substantial light or ❑ ❑ ❑ 21 1,3,4,5,6 glare which would adversely affect day or nighttime views in the area? IL AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, ❑ ❑ ❑ 0 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 ❑ ❑ ❑ 21 1,3,4,5,6 use. or a Williamson Act contract? • Emerson Annexation INITIAL STUDY Page 4 �J Emerson Annexation INITIAL STUDY Page 5 rotentiauy Potentially Significant Less than NO Significant Unless Significant Impact SOURCES' IMPACT CATEGORY Impact Mitigation Impact Inco orated ' See Source References at the end of this Checklist. c) Involve other changes in the existing ❑ ❑ ❑ 0 1,3,4,5,6 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 ❑ ❑ ❑ 0 1,3,4,9,10 the applicable air quality plan? b) Violate any air quality standard or contribute ❑ ❑ ❑ p 1,3,4,9,10 to an existing or projected air quality violation? c) Result in a cumulatively considerable net ❑ ❑ ❑ 0 1,3,4,9,10 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 ❑ ❑ ❑ 0 1,3,4,9,10 pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ ❑ 0 1,3,4,9,10 substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either ❑ ❑ ❑ IZI 1,3,4 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 ❑ ❑ ❑ 0 1,3,4 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? �J Emerson Annexation INITIAL STUDY 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? ❑ ❑ ❑ I3 1,3,4 ❑ ❑ rocermany 0 1,3,4 Potentially Significant Less than 1,3,4 Significant Unless Significant pact SOURCES• ❑ Impact Mitigation Impact ❑ ❑ Incorporated 0 1,3,4 ' See Source References at the end of this Checklist ` ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ I3 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 pact SOURCES' IMPACT CATEGORY Impact Mitigation Impact I Incorporated A. 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? VII. HAZARDS & HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? See Source References at the end of this Checklist. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 00 ❑ ❑ ❑ 0 1,3,4 ❑ 0 1,3,4 ❑ 0 1,3,4 ❑ 0 1,3,4,7 ❑ 0 1,3,4,7 ❑ 0 1,3,4,7 ❑ 0 1,3,4 ❑ IJ n/a ❑ 2,3,4,5,6 ❑ 2,3,4,5,6 Emerson Annexation INITIAL STUDY Page 7 Potentially Significant Less than Significant Unless Significant NO SOURCES' IMPACT CATEGORY Impact Mitigation Impact Impact Incorporated ` See Source References at the end of this Checklist. c) Emit hazardous emissions or handle ❑ ❑ ❑ LJ( 2,3,4,5,6 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 ❑ ❑ ❑ [JJ 2,3,4,5,6 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 ❑ ❑ ❑ p 2,3,4,5,6 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 ❑ ❑ ❑ p Na airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically ❑ ❑ ❑ p 2,3,4,5,6 interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant ❑ ❑ ❑ p 2,3,4,5,6 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 ❑ ❑ ❑ Q 3,4 discharge requirements? b) Substantially deplete groundwater supplies ❑ ❑ ❑ p 3,4 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 Qranted)? Fmcman Annexation INITL4L STUDY Page 8 f Potentially Potentially Significant Lessthan No Significant Unless Significant Impact SOURCES` IMPACT CATEGORY Impact Mitigation Impact Incorporated ` See Source References at the end of this Checklist. c) Substantially alter the existing drainage ❑ ❑ ❑ Z 3,4 ❑ ❑ 21 3,4 ❑ ❑ pattern of the site or area, including through 21 3 3,4 the alteration of the course of a stream or ❑ 21 3 river, in a manner which would result in ❑ ❑ ❑ p substantial erosion or siltation on- or off -site? 3.4 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? ❑ ❑ ❑ 21 3,4 ❑ ❑ ❑ ❑ 21 3,4 ❑ ❑ p 3,4 ❑ ❑ 0 3,4 ❑ ❑ 0 1,2,3,4,5,6 Emerson Annexation RJITIAL STUDY Page 9 21 3 3,4 ❑ ❑ ❑ 21 3 3,4 ❑ ❑ ❑ p p 3 3.4 21 3,4 ❑ ❑ p 3,4 ❑ ❑ 0 3,4 ❑ ❑ 0 1,2,3,4,5,6 Emerson Annexation RJITIAL STUDY Page 9 ❑ ❑ 0 3,4 ❑ ❑ 0 1,2,3,4,5,6 Emerson Annexation RJITIAL STUDY Page 9 IMPACT CATEGORY 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 im 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? Potentially Significant Less than No Significant Unless Significant SOURCES' Impact Mitigation Impact Incorporated See Source References at the end of this Checklist. ❑ ❑ 0 ❑ 1,2,3,4,5,6 ❑ ❑ ■ I'i ❑ Z ❑ Z ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 proiect area to excessive noise levels? n 1,2,3,4,5,6 1,3,4 1,3,4 [�( 1,2.3,4,8 [J( 1,2,3,4,8 El ❑ o ■ n 1,2,3,4,8 1,2,3,4,8 1,2.3,4,8 Emerson Annexation INITIAL STUDY Page 10 IMPACT CATEGORY 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? Xlll. 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 Potentially Significant Significant Unless Impact Mitigation Incorporated ' See Source Rek Less than No Significant Impact SOURCES' Impact rences at the end of this Checklist. ❑ 0 n/a ❑ ❑ ❑ 0 2,3,4 ❑ ❑ ❑ 0 2,3,4 ❑ ❑ ❑ 0 2,3,4 ❑ ❑ EJ ❑ 2,3,4 ❑ ❑ EI ❑ 2,3,4 ❑ ❑ ❑ EI 2,3,4 ❑ ❑ ❑ EI 2,3,4 ❑ ❑ EI ❑ 2,3,4 Emerson Am mion INITIAL STUDY Page I I d) IMPACT CATEGORY Potentially Significant Impact rotenaauy Significant Unless Mitigation Incorporated Less than No Significant impact Impact SOUS• 2,3,4,6 ' See Source References at the end of this Checklist. XIV. RECREATION a) Would the project increase the use of ❑ ❑ ❑ 0 2,3,4,6 existing neighborhood and regional parks or other recreational facilities such that Result in inadequate emergency access? ❑ ❑ ❑ 0 substantial physical deterioration of the f) Result in inadequate parking capacity? ❑ ❑ ❑ facility would occur or be accelerated? 2,3,4,5,6 g} Conflict with adopted policies, plans, or ❑ b) Does the project include recreational ❑ ❑ ❑ p 1,2,3,4,6 facilities or require the construction of or portation (e.g., bus turnouts, bike racks)? 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 ❑ ❑ ❑ Q 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 ❑ ❑ ❑ 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, ❑ ❑ ❑ 0 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 ❑ ❑ ❑ 0 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? ❑ ❑ ❑ 0 2,3,4,6 f) Result in inadequate parking capacity? ❑ ❑ ❑ 0 2,3,4,5,6 g} Conflict with adopted policies, plans, or ❑ ❑ ❑ 0 2,3,4,6 programs supporting alternative trans- portation (e.g., bus turnouts, bike racks)? • Emerson Annexed INITIAL STUE Page I Potentially Potentially Significant Less than No Significant Unless Significant Impact SOURCES` IMPACT CATEGORY Impact Mitigation Impact Incorporated Emerson Ar ahon INITIAL STUDY Page 13 ' See Source References at the end of this Checklist. XVL UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements ❑ ❑ ❑ 0 2,3,4,6 of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new ❑ ❑ ❑ 0 2,3,4,6 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 ❑ ❑ ❑ 0 2,3,4,6 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 ❑ ❑ ❑ 0 2,3,4,6 serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater ❑ ❑ ❑ 0 2,3,4,6 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 ❑ ❑ ❑ 0 2,3,4,6 permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes ❑ ❑ ❑ 0 2,3,4,6 and regulation related to solid waste? Emerson Ar ahon INITIAL STUDY Page 13 IMPACT CATEGORY XVII. MANDATORY FINDINGS OF SIGNIFICANCE. Potentially Significant Less than No Significant Unless Significant Impact SOURCES` Impact Mitigation Impact ' See Source References at the end of this Checklist. a) Does the project have the potential to ❑ ❑ ❑ El 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 ❑ ❑ ❑ El 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 ❑ ❑ ❑ El 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 INITIAL 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 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. 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 Maps. Therefore, 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 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 INITL4L 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 t 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 • Emescm Annexzlmn INITIAL STUDY Page 16 ATTACHMENT 4: 0 MINUTES OF 11/20/03 PLANNING COMMISSION MEETING C� 0 • • Area 7 Annexation General Plan amendment and pre - zoning for the territory knows as 'Area 7' - luding West Santa Ana Heights, the Santa Ana Country Club, and the area ruth of Mesa Drive and the Emerson Street Area. arson McDaniel noted that the Planning Commission is dealing only with the issues. We do not have the ability to approve or disapprove this annexation. rs should limit their remarks to zoning issues such as floor area ratios, heights s. Those of you who wish to discuss the option of annexation need to made tl nts to the City Council who will deal with that. y Lawrence, consultant for the City, noted: • The City Council directed staff to prepare an application to annex West Santa Ana Heights, the Santa Ana Country Club and the adjacent areas in March. • Additionally, the city previously initiated annexation proceedings for the small Emerson Street area off Tustin Avenue. • None of these areas presently have zoning or land use designations in the Gene Plan. • The purpose of this item is to apply such zoning and land use designations preparatory to annexation of subject territory. • The West Santa Ana Heights and adjacent areas have been referred to as Area 7 by the Local Agency Formation Commission (LAFCO) and we have retained that label for consistency of discussion. • In order to pre -zone the portion of Area 7 outside the West Santa Ana Heights Specific Plan, it is necessary to add two new zoning districts to the City's Zoning Code. • RMD District (residential medium density) - to provide for medium density residential development mostly along Santa Ana Avenue. • CN District (neighborhood commercial) - to accommodate those local commercial uses that are in the existing Back Bay Center on Irvine Avenue. • He then noted that in attachment ZAI, handwritten page 31 for Minimum Site Area per Unit for the RMD District should read 3,000, not 2,000, and is referred to as 3,000 throughout the staff report. • About two years ago we went through similar circumstance for the East Santa Ana Heights area as pre- zoning preparation for annexation. That annexation was finalized and is part of the City as of July. • I New zoning districts for the West Santa Ana Heights weren't included in the East Santa Ana Heights annexation because they are fairly specialized land uses that did not need to be addressed earlier. PA2003 -149 Recommended for Approval • The new Zoning Districts are the RK District (Residential Kennel for the cul -de- sac at Riverside Drive), which was engineered by the County for the concentration of those uses. • The RMD District (Medium Density Residential) within the district is mentioned as multiple family. • The HN District (Horticulture Nursery) for a wholesale nursery on Orchard Drive). • An N Overlay District (allows nursery related uses as part of single family residential areas). • Because the area to be annexed is within the airport environs land use plan it requires Airport Land Use Commission (ALUC) review prior to LAFCO review. At today's meeting, ALUC approved the pre - zoning with conditions with regard primarily to noise. • The condition requires any new residential development that is discretionary be reviewed by ALUC if it is within the 65 CNEL contours and would be for a re- subdivision or an intensification of residential density or condo conversion. • If this is acceptable to the Planning Commission, we would add that as a provision within the Santa Ana Heights Specific Plan. nmissioner Eaton asked about the new categories recommended to be in the City's cific Plan, are they already in the County's Specific Plan? How much of this dential area in this proposed annexation is within the 65 CNEL? What were the Ling requirements within the County's and the City's Specific Plans. Are there erent parking requirements in any category? Lawrence answered they are already in the County Specific Plan. They were not uded in the first draft in the City's Specific Plan because they were exclusive to the st Santa Ana Heights area, which was not considered by the City at that time. erring to the County's Specific Plan for Santa Ana Heights, he referenced an exhibit icting the Board of Supervisors 65 CNEL policy line where they implement land use rictions because of noise. I don't believe there are any significant differences in sing for residential. In the non - residential, I would need time to look that up. I know e weren't significant, otherwise I would have pointed that out in the staff report. tic comment was opened. �irperson McDaniel asked for comments on zoning issues. -yanne Orr, spoke representing the residents of Master Circle, noted the following: • She had called the City to verify if they were included in this annexation and was informed they were not. • Their concern is if the Country Club would become part of Newport Beach, it would leave the residents of the Master Circle in a secluded pocket of Costa • • • Mesa and that would become problematic. Of the 50 homes of the block, the residents would like to go with Newport Beach, and asked how this could be accomplished. mmissioner Tucker noted that the Planning Commission has no control over the iexation. We are here tonight to say what the zoning of the properties would be in the .nt the Council decides whether there will be annexation or not. That is a financial itter that only they decide. The forum to discuss annexation issues is the City Council. :y will make that policy decision whether that property is within Newport Beach or :y want them to be in Newport Beach. Ultimately, LAFCO has to decide and the City Costa Mesa has an opinion on that as well, we don't. We are just going to look at the ning. If this property you are referring to was within our pre - zoning, is the zoning ;eptable for you? You need to tell us what you don't like about the zoning or what u want to see that is different. Temple noted that if the Council after hearing this testimony agreed to include this as part of the annexation, they could so choose and direct staff to add this to the ication. Staff would then need to come back to discuss that area within the General i Zoning documents. mdy Rank, resident of Santa Ana Heights, noted the reference to residential kennel strict. Representing approximately 200 tenants at Palm Mesa noted that the RK strict zoning is a contentious issue. The kennel dog barking noise falls over the walls .d invades the residential areas. As part of the pre - zoning, this is an area that we would :e to have an idea that the problem of dog barking is addressed. We want the kennel vners to somehow abate the barking noise. He did a noise study with a sound meter. ie noise level is supposed to be 50 decibels before 7 a.m. and from 7 a.m. to 10 p.m. it supposed to be 55 decibels. This is a contentious issue in the RMF zoning for the sidents. (he distributed a copy of his study) nmissioner Tucker asked if the zoning of the property allows kennels in the County. Lawrence answered that the kennels are on Riverside Drive and the area is zoned Commissioner Tucker noted that is the way we are bringing it in, as RK. What I hearing is an enforcement issue that they are not complying with what the Code Rank answered that is correct. When it was first brought in, it was designated that seen the hours of 9 p.m. and 7 a.m. there are definite limitations and requirements 1 kennel operators to keep the dogs quiet. Temple noted that the Newport Beach Noise Ordinance would apply upon the exation of these properties and it would be up to Newport Beach staff to implement enforcement that is required under the City's Code. Both the animal regulations and ununity noise and loud and unreasonable noise regulations would then apply and our le Enforcement staff would be responsible for enforcing these violations. Rank noted the dog noise and presented a list of kennels with the permit numbers. asked that the Commission address this annoyance through the enforcement. Banghard, operator of a Rebel Run Kennels on Riverside noted: • The kennels have been there for about 35 years. • The zoning of RK was changed from A I about 17 -18 years; the noise standard on the block is about 67 decibels due to the direct corridor of the airport. • Kennel owners try to keep the noise down; of course the weekend is more noisier because of dogs being boarded with vacations, etc. • We hope to cooperate and do what we can to keep people happy. • I live in a house about 20 feet away and if there is noise, I go out to do what I can to keep the noise down. • We operate under a use permit and license that is associated with the land and passes from one owner to another as the property changes hands. • The noise impact study has been done several times. The last time was about 6 -7 years ago and it was approved as being the base line for the neighborhood. • There are numerous studies and noise guidelines that have been done under which we operate the kennels. comment was closed. ion was made by Commissioner Tucker to recommend to City Council roval of the General Plan and pre - zoning amendments for the annexation of a 7 and the Emerson Street area pursuant to the attached resolution of the fining Commission. We also recommend that the Council adopt and certify Negative Declaration (GP2003- 005/CA2003 -006 and GP2003 -006 and CA Lawrence clarified that the motion included the edit of the attachment of ZA -I page to change the 2,000 to 3,000 in the RMD District, and the addition of the request of Airport Land Use Commission review of any re- subdivision in the 65 CNEL to be erted in the Specific Plan for Santa Ana Heights. maker of the motion agreed. mmissioner Eaton asked the maker of the motion to insert a floor area ratio provision in our existing MFR added to the RMF and RN. Lawrence stated that the County does not have a floor area restriction in this area. Temple added that the City's conventional zoning districts operate under a floor area limit but there are many zoning districts, both conventional and Planned anunity, that use a combination of coverage, setback and height limits and do not floor area ratios. It is not a universally applied development standard. mmissioner Tucker asked if the suggestion was something that was needed or can we without? If has looked at the three standards and with the exception of the open space CJ • • equirement we think we can adapt our existing multi family standards to the new istrict without the suggested changes. Lawrence added that there is in the multi family residential a floor area ratio of 1.75 aximum and that would also be appropriate to add in the RMD if you feel it is ecessary to have added control. The only maximum coverage in the present Zone Code my applies to the RA District and that is 40 %. Commissioner Tucker noted that the property being annexed in generally would like to see it come in the way it is presently zoned because that is the expectation of the existing property owners and that we will not change things on them. Ms. Temple noted that generally in these annexations, staff suggest development regulations that will as closely parallel existing regulations as possible within our framework. Commissioner Selich noted that this area should be brought in as it is and is not in favor of changing anything. Chairperson McDaniel noted that we should bring this in as it is. Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker Noes: None Absent: None Abstain: None ORDINANCE 2004 -1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PREZONING FOR "AREA 7" AND THE EMERSON AREA PRECEDENT TO THEIR ANNEXATION TO THE CITY [CA 2003 -006 and CA 2003 -007] WHEREAS, the City Council of 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 the city; and WHEREAS, the California Government Code requires zoning to be consistent with a city's general plan designations on property; 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 prezonings and related items and forwarded them to the City Council with a recommendation of adoption; and WHEREAS, on January 13, 2004, the City Council 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 preceding public hearings. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: ENVIRONMENTAL REVIEW. 1. Pursuant to CEQA Guidelines Section 15063, Initial Studies have been prepared for the projects. After reviewing the Initial Studies and the draft Negative Declarations, designated by reference as Exhibits ND -1 and ND -2 of this Resolution as if completely contained herein, and all comments received during the public review process, the City Council determines that the projects will not have a significant impact upon the environment and accordingly adopts the Negative Declarations, reflecting the independent judgment of the City of Newport Beach. All records pertaining to this environmental determination are retained in the Planning Department of the City of Newport Beach. 2. Pursuant to Title 14, California Code of Regulation Section 753.5(c)(1), the City Council 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 City Council 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 City Council determines that the projects are not required to pay Fish and Game Department filing fees. SECTION 2: ZONING AMENDMENT. 1.. CA 2003 -006: Area 7. The City Council 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 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. 2 d. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the City Council hereby approves 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. 2. CA 2003 -007: Emerson Area. The City Council 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 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 City Council hereby approves CA 2003- 007, consisting of the following: 3 Amendment to the applicable zoning Districting Map, adding the Emerson Area and zoning the land therein as shown on Exhibit ZA -4 attached hereto. 3. The City Council hereby stipulates that the approval of the amendments set forth in this Resolution shall become effective only if the annexations described hereinabove are approved by the Orange County Local Agency Formation Commission. SECTION 3: 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 January 13, 2004 and adopted on January 27, 2004 by the following vote, to wit: AYES, COUNCIL MEMBERS Heffernan, Rnsansk ;Y Adams, Bromberg, Webb, Nichols NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS None ABSTAIN COUNCIL MEMBERS Mayor Ridgeway ATTEST: 11 A_ gvw" CITY CLERK Q MAYOR EXHIBIT ZA -1: AMENDMENTS TO ZONING CODE TEXT RELATING TO AREA 7 Sections: 20.00.010 20.00.015 20.00.020 20.00.025 20.00.030 20.00.035 20.00.040 20.00.045 20.00.050 20.00.055 20.00.060 20.00.065 20.00.010 Title CHAPTER 20.00 GENERAL PROVISIONS Title Purpose Establishment of Districts Compliance Required Effect and Intent Permits or Licenses Base Districts Designated Overlay Districts Designated Map Adopted by Reference District Symbols Illustrations Rules for Interpretation Page 20.00 -1 General Provisions This title shall be known as the "City of Newport Beach Zoning Code" and referred to as the "Zoning Code." 20.00.015 Purpose This code is intended to promote the growth of the City ofNewport Beach in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare, and to protect the character and social and economic vitality of all districts within the City, and to assure the orderly and beneficial development of such areas. 20.00.020 Establishment of Districts The Zoning Code establishes zoning districts and regulations for the use of land and development of property for all the territory within the boundaries of the City. 20.00.025 Compliance Required No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this code and all other ordinances, laws and maps referred to therein. 01/27104 Page 20.00 -2 General Provisions 20.00.030 Effect and Intent When interpreting and applying the provisions of this code, it shall be held to representthe minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by the adoption of this code to repeal or in any way to impair or interfere with any existing provision of law of the City ofNewport Beach, or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any legal building or improvement; nor is it intended by this code to interfere with or annul any easement, covenant, or other agreement between parties; provided, however, that in cases in which this code imposes greater restrictions than are imposed or required by other easements, covenants or agreements, than in such cases the provisions of this code shall control. 20.00.035 Permits and Licenses Permits and Licenses Not Affected. Nothing herein contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license or both to cover any business, trade or occupation. Permit, License, Plan Check and Inspection Fees. The fee for each permit, license, plan check and inspection shall be established by resolution of the City Council. 20.00.040 Base Districts Designated A. The base zoning districts established are as follows: Residential- Agri cultural (R -A) District Single - Family Residential (R -1) District Restricted Two Family Residential (R -1.5) District Two Family Residential (R -2) District Medium Density Residential (MDR) District Multi - Family Residential (MFR) District Retail Service Commercial (RSC) District Neighborhood Commercial (CN) District Administrative, Professional, & Financial Commercial (APF) District Recreational & Marine Commercial (RMC) District Manufacturing District (M -1) District Controlled Manufacturing (M -1 -A) District Industrial Business Park (IBP) District Government, Educational, and Institutional Facilities (GEIF) District Open Space (OS) District Specific Plan (SP) District Planned Community (PC) District olrz7M Pa "e 20.00 -3 Genera] Provisions B. References to Classes of Base Districts. References to R districts refer to all residential districts; references to C districts refer to all commercial districts; and references to I districts refer to all industrial districts. References to residential, commercial and industrial districts also refer to the corresponding portions of mixed use districts, unless otherwise noted. 20.00.045 Overlay Districts Designated In addition to the base districts established above, the following overlay districts are established which, when combined with the above base districts, establish additional special regulations: Specific Plan (SP) Overlay District B Overlay District Mobile Home Park (MHP) Overlay District Residential (R) Overlay District Site Plan Review (SPR) Overlay District Planned Residential Development (PRD) Overlay District IS (IS) Overlay District Parking Management (PM) Overlay District 20.00.050 Map Adopted by Reference The designations, locations and boundaries of the zoning districts established by this code shall be shown upon the maps entitled 'Districting Map for the City of Newport Beach, California" Any additional maps subsequently adopted and all notations and information thereon are hereby made a part of this code by reference. 20.00.055 District Symbols In addition to the district designations established under Sections 20.00.040 and 20.00.045, the following symbols are established for the purpose of designating floor area limitations and residential densities. When these symbols are placed on the Districting Maps, the floor area and dwelling unit limitations as illustrated shall apply. The symbols and limitations shall be shown in the following manner: A. A number following the district symbol and enclosed by brackets shall designate the maximum floor area ratio permitted in relation to the buildable area of the site or the total number of square feet permitted for the area designated. Where the number of square feet, rather than floor area ratio is specified, the number of square feet shall be followed by the letters sf. Examples: "RSC [0.5]" shall indicate that a fixed floor area ratio of 0.5 is 0127104 Page 20.00 -4 Genera] Provisions permitted, as provided under Section 20.63.040 (A). "RSC [0.5/.75]" shall indicate that a floor area ratio of 0.5 is permitted for Base FAR uses with a maximum floor area ratio of 0.75 permitted for Maximum FAR Uses, as provided under Section 20.63.040 (B). "RSC [5,200 sf]" shall indicate that a total of 5,200 square feet of development is permitted in the area specified. B. 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 or the total number of dwelling units permitted for the area designated. Where the number of dwelling units, rather than square feet of land area per unit, is specified, the number of units shall be followed by the letters du. Examples: "MFR (2178)" shall indicate that one dwelling unit is permitted for each 2,178 square feet of land area included in density calculations per Section 20.60.045; "MFR (28 du)" shall indicate that a total of 28 dwelling units are permitted in the area specified. C. Notwithstanding dwelling unit limitations defined on the Districting Maps enabled above, dwelling unit limits for senior citizen housing facilities (where residency.is limited to elderly persons) shall be as specified at the time a use permit is granted for a senior citizen housing facility. 20.00.060 Illustrations A. Authori . The Planning Commission, in accordance with City Council policy, may authorize the Planning Director to provide diagrams or images to assist in conveying the information contained in this code. B. Procedure. The Planning Commission shall approve the addition, modification or deletion of any diagram or image published in conjunction with the Zoning Code. C. Conflicts. In case of conflict between the Zoning Code text and any diagram or image published in conjunction with the Zoning Code, the text shall control. 20.00.065 Rules for Interpretation A. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this code or its application to a specific site, the Planning Director shall 01/27/04 Page 20.00 -5 Genera] Provisions determine the intent of the provision. B. Districting Man. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply: 1. District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line. 2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the districting map, unless the boundary location is indicated by dimensions printed on the map or established by reference. 3. District boundaries shown as approximately following right -of -way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right -of -way or boundary lines. 4. District boundaries shown as lying with right -of -way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right -of -way or boundary lines. 5. District boundaries shown as approximately following the shoreline of the Pacific Ocean shall be construed to follow the mean high tide line. 6. District boundaries shown as approximately following the waterfront of Newport Bay shall be construed to follow the bulkhead line. 7. Should any uncertainty remain as to the location of a district boundary or other feature shown on the districting map, the location shall be determined by the Planning Director. C. Appeals. An interpretation of the zoning regulations or districting map by the Planning Director may be appealed to the Planning Commission, as provided in Chapter 20.95. 0127/04 CHAPTER 20.10 RESIDENTIAL DISTRICTS Sections: Paee 20.10 -1 Residential Districts 20.10.010 Specific Purposes 20.10.020 Residential Districts: Land Use Regulations 20.10.030 Residential Districts: Property Development Regulations 20.10.040 Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula 20.10.010 Specific Purposes Residential district regulations are intended to: A. Locate residential development in areas which are consistent with the General Plan and with standards of public health and safety established by the Municipal Code. B. Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects. C. Promote development of quality housing affordable by low- and moderate- income households by providing a density bonus for projects in which a portion of the units are affordable for such households. D. Protect residential areas from fires, explosions, landslides, toxic fumes and substances, and other public safety hazards. E. Protect adjoining single - family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multi - family development. F. Achieve design compatibility with surrounding neighborhoods. G. Provide sites for public and semipublic land uses which complement residential development or which require a residential environment. H. Provide public services and facilities to accommodate planned population densities. 0127/04 Page 20.10 -2 Residential Districts Specific residential districts are as follows: Residential- A¢ricultural (R--AJ 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 Familv Residential (R -2) District. Provide areas for single family and two family residential land uses. Medium Density Residential (RMD) District. Provides for medium density residential development up to approximately 22 dwelling units per gross acre, including single - family (attached and detached), two - family, and multi - family. Multifamily Residential (MFR) District. Provides for medium -to -high density residential development up to approximately 36 dwelling units per gross acre, including single - family, (attached and detached), two - family, and multi - family. 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 subjectto 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 Plamiing 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. otrz7roa Residential Districts: Land Use Regulations P = Permitted UP = Use permit PD/U =Use permit issued by the Planning Director L = Limited (see Additional Use Rem lationsl — = Not Permitted RESIDENTIAL DAY CARE, LIMITED GROUP RESIDENTIAL RESIDENTIAL CARE, LIMITED SINGLE FAMILY RESIDENTIAL MULTI - FAMILY RESIDENTIAL TWO - FAMILY RESIDENTIAL PUBLICAND SEMI - PUBLIC CEMETERIES CLUBS AND LODGES CONVALESCENT FACILITIES DAY CARE, GENERAL GOVERNMENT OFFICES HOSPITALS PARK & RECREATION FACILITIES PUBLIC SAFETY FACILITIES RELIGIOUS ASSEMBLY RESIDENTIAL CARE, GENERAL SCHOOLS, PUBLIC AND PRIVATE UTILITIES, MAJOR UTILITIES, MINOR COMMERCIAL USES HORTICULTURE, LIMITED NURSERIES VEHICLE/EQUIPMENT SALES AND SERVICES - COMMERCIAL PARKING FACILITY VISITOR ACCOMMODATIONS -BED & BREAKFAST INNS -SRO RESIDENTIAL HOTELS AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY Page 20.10 -3 Residential Districts R -A R -1 R -1.5 R -2 RMD MFR Additional P- -- — - -- - -- - -- PD/U - -- - -- - -- - -- - -- --- L -3 L -3 L -3 L -3 L -3 - -- - -- - -- UP --- - -- - -- - -- - -- PD/U - -- --- -- (A), (13), (C) UP (F) UP (A), (B), (C) — (CT) 0 127/04 (A), (B), (C) P P P P P P P- -- - -- - -- - -- — P P P P P P P P P P P P (D), (E), (M) — P P (D) — — P P P P (D) (A), (B), (C) - -- L -2 L -2 L -2 L -2 L -2 - -- UP UP UP UP UP — UP UP UP UP UP - -- UP UP UP UP UP -- UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP. UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP UP P P P P P P P- -- — - -- - -- - -- PD/U - -- - -- - -- - -- - -- --- L -3 L -3 L -3 L -3 L -3 - -- - -- - -- UP --- - -- - -- - -- - -- PD/U - -- --- -- (A), (13), (C) UP (F) UP (A), (B), (C) — (CT) 0 127/04 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 CROP PRODUCTION MINING AND PROCESSING ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES CIRCUSES AND CARNIVALS COMMERCIAL FILMING, LIMITED PERSONAL PROPERTY SALES HELIPORTS, TEMPORARY REAL ESTATE OFFICES, TEMPORARY Paoe 20.10 -4 Residential Districts R -A R -1 R -1.5 R -2 RMD MFR Additional P- -- --- - -- L-4 L -4 L -4 L -4 L-4 L4 (H) (A), (B), (C) P/UP P/UP P/UP P/UP P/UP P/UP (I) P P P P P P P P P P P P P P P I--5 — — L-5 L -5 L -5 L -5 L -5 Residential Districts: Additional Land Use Regulations L -1 20 acres minimum. L -2 Limited to yacht clubs, use permit required (A), (B), (C) P (K) P (K) P (I-) L -5 (J) L -5 (B) L -3 Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. L -4 See Chapter 20.81: Oil Wells. L -5 Subject to the approval of the Planning Director. (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. 01127104 Page 20.10 -5 Residential Districts (D) Any dwelling unit otherwise permitted by this code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: A Business License pursuant to Chapter 5.04 of the Municipal Code. 2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of the Municipal Code. 3. A Short Term Lodging Permit pursuant to Chapter 5.95 of the Municipal Code. (E) See Chapter 20.85: Accessory Dwelling Units. (F) See Section 20.60.110: Bed and Breakfast Inns. (G) Keeping of Animals in the R -A District. The following regulations shall apply to the keeping of animals in the R -A District: Large Animals. The keeping of large animals (as defined in Section 20.030.030) shall be subject to the following regulations: a. Horses. One horse may be kept for each 10,000 square feet of lot area, up to a maximum of 3 horses, provided the horse or horses are kept for recreational purposes only. The keeping of 4 or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning Commission. b. Other Large Animals. Other large animals, including goats, sheep, pigs and cows, may be kept on lots of 15,000 square feet or more and the number shall not exceed 2 adult animals of any one species. C. Total Number Permitted. The total number of large animals shall not exceed 6. Offspring are exempt until such time as they are weaned. 2. Domestic and Exotic Animals. The number of domestic and exotic animals (as defined in Section 20.03.030) shall not exceed 6. Offspring are exempt up to the age of 3 months. The keeping of 4 or more dogs over the age of three 3 months shall require a kennel license pursuant to Section 7.04.090 of the Municipal Code. The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of the Municipal Code. 3. Small Animals. The number of small animals, other than domestic and exotic animals (as defined in Section 20.03.030), shall not exceed 6. Offspring are exempt up to the age of 3 months. 0127/04 Page 20.10 -6 Residential Districts 4. Control. a. Domestic Animals. No such animals, except for cats, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal, other than domestic animals, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure. (H) See Chapter 20.81: Oil Wells. (1) See Section 20.60.100: Home Occupations in Residential Districts. (J) See Section 20.60.055: Heliports and Helistops (K) Special event permit required, see Chapter 5.10 of the Municipal Code. (L) See Section 20.60.120: Personal Property Sales in Residential Districts. (M) See Section 20.60.125: Design Standards for Mobile Homes on Individual Lots. 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. Residential Districts: Property Development Regulations Minimum Site Area per Unit (sq.ft.) Minimum Lot Area (sq. ft.) -Comer Lots (sq. ft.) Minimum Lot Width (ft.) -Comer Lots (ft.) R -A R -1 R -1.5 R -2 RMD MFR Additional Regulations - -- - -- 1,000 1,000 3,000 1,200 (A), (B) 87,120 5,000 5,000 5,000 5,000 5,000 (A) 87,120 6,000 5,000 6,000 6,000 6,000 (A) 125 50 - -- 50 -- 50 (A) 125 60 - -- 60 - -- 60 (A) 01/27104 Residential Districts: Property Development Regulations Minimum Yards: Front (ft.) Side (ft.) Comer Side (ft.) Rear (ft.) - Abutting an alley (ft.) Distance Between Detached Buildings Maximum Height (ft.) Maximum Floor Area Limit Maximum Coverage Required Open Space Off -Street Parking and Loading Page 20.10 -7 Residential Districts R -A R -1 R -1.5 R -2 RMD MFR Additional Regulations 20 20 20 20 20 5 3;4 3;4 3;4 5 5 3;4 3;4 3;4 5 5;25 10 10 10 25 - -- 2.00 1.50 100 - -- 40% 20 (C), (D), (E), (F), (H), (K) 3;4 (C), (D), (E), (G), (H) 3;4 (C), (D), (E), (G), (H) 10 (C), (D), (E), (H), (Q) m (J) (K), (L) 1.75 (K), (M) (K), (0) (P) Residential Districts: Additional Property Development Regulations (A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. (B) See Section 20.60.045: Slopes and Submerged Lands. (C) See Section 20.60.030: Extensions Into Yards. (D) See Section 20.60.020: Accessory Structures and Mechanical Equipment (E) 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. (F) R -1, R -1.5, R -2, and MFR Districts. The minimum depth required for front yards shall be 20 feet, except as maybe otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. 01/27/04 Page 2010 -8 Residential Districts (G) R -1. R -1.5, and R -2, Districts. Each side yard shall be not less than 3 feet wide on development sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. MFR District. Each side yard shall not be less than 3 feet wide on sites 40 feet wide or less; 4 feet wide on lots wider than 40 feet and narrower than 50 feet; and shall be equal in width to 8 percent of the average lot width for lots 50 feet or greater in width; provided that in no event shall a side yard wider than 25 feet be required; and provided further that the side yard on the rear 20 feet of the street side of a comer lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. i Comer Side Yard Reversed Corner V/ Interior Lot CD Street Yard Setback Lin ( ")C F X T 0 m C CD 1< n r o ° r 0 Diagram 20.10.030 (G): Setbacks on Reversed Frontages (I) R -A District. All structures housing animals (i.e., corrals, stalls, pens, cages, doghouses) shall maintain the following setbacks: From Public Rights -of -Way Front 50 Side 20 Rear 20 From Another R -A District Property From Properties in Other Zoning Districts 25 25 In addition to the setbacks established above, all structures housing animals shall be located a minimum of 35 feet from any building used as a dwelling on adjacent properties. All animal exercise areas and pasturing areas (i.e., paddocks, runs, racecourses, show grounds) may be located at the property line, however, shall maintain a 25 foot setback from 01/27/04 Page 20.10 -9 Residential Districts the front property line abutting a public right -of -way and a 10 foot setback from any side propert y line abutting a public right -of -way. (I) In residential districts having alleys to the rear of lots or development sites shall maintain the following setbacks from rear property line, clear of all obstructions, except as provided in Section 20.60.030 (A -6) and Section 20.60.030 (I): Allev Width Setback 15' or less 5' 15' -1" to 19' -11" 3' -9" 20' or more 0' Roll -up garage doors shall be required when garage door openings are located closer than 22 feet to alleys with widths of 20 feet or more. (J) R -1.5, R -2, RMD, and MFR Districts. 10 feet shall be maintained between buildings. This requirement shall not apply to buildings attached by a solid roof structure, a minimum of 4 feet wide. (K) R -1, R -2, and MFR Districts in Corona del Mar and R -1 District in West Newport, and the Balboa Peninsula. See Section 20.10.040: Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula. (L) See Chapter 20.65: Height Limits. (M) R -1, R -1.5, and R -2 Districts. The total gross floor area in all buildings and structures on a development site shall not exceed the following: R -1 District: 2 times the buildable area of the site. R -1.5 District: 1.5 times the buildable area of the site. R -2 District: 2 times the buildable area of the site. Exceptions. The following structures shall not be included in the calculation of the gross floor area: Covered parking spaces which are open on at least 2 sides, or open on one side and one end and which are not needed to meet off - street parking requirements for covered parking. 2. R -1.5 District. 200 square feet of floor area used for enclosed parking for two or more parking spaces. mmro4 Page 20.10 -10 Residential Districts 25 square feet of storage area adjacent to or a part of a parking space on a lot less than 32 feet wide; provided that no plumbing is located in said area, and provided that 3 parking spaces are provided side by side across one end of the lot. Decks, balconies or patios open on at least 2 sides or open on one side and uncovered. MFR District. The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 times the buildable area of the site; provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. Calculation. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non - habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. Area considered to be a second Floor Living Room Kitchen Garage (Habitable) (Habitable) (Non - Habitable) (I� R -1, R -1.5, R -2, and MFR Districts. The maximum development site area permitted shall be full coverage, less required front, side and rear yards. (0) R -2 District. Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times 6 feet and may be provided anywhere on the lot behind the required setback lines. This open space otrnro4 Page 20.10 -11 Residential Districts shall be open on at least 2 sides and shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. MFR District. An open space volume equal to 6 times the buildable area of the lot shall be provided in addition to any required setbacks. This open space shall be open on at least 2 sides, one of which may be the sky. Roofs, balconies, decks, patios, cornices, exterior stairways, and architectural features may project into this area. At least 50 percent of the required open space shall be open to the sky and open on at least 2 additional sides, except for eaves and architectural features which may project into areas otherwise open to the sky. Required open space shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and maybe used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. A minimum of 25 percent of the required open space shall be contiguous to the required front yard setback, and a minimum of 25 percent of the required open space shall be contiguous to the required rear yard setback. (P) See Chapter 20.66: Off - Street Parking and Loading. (Q) R -1, R -1.5, R -2, and MFR Districts. The minimum depth required for rear yards abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels of West Newport.shall be 10 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the rear property line, unless a different line is shown on the Districting Map. 20.10.040 Special Development Regulations for Corona del Mar, West Newport, and the . Balboa Peninsula A. Applicability. The residential development standards contained in this section shall apply to all dwellings located in the R -1 and R -2 Districts in Corona del Mar, and in the R -1 District in West Newport and the Balboa Peninsula as those areas are more particularly described below. Dwellings in those areas shall also be subject to all other provisions of this code. Where there is a conflict between this chapter and another provision of this code, the provisions of this chapter shall be controlling. 01mio4 Page 20.10 -12 Residential Districts The areas of Corona del Mar in which the provisions of this chapter shall be controlling are more particularly described as follows: That area commonly referred to as old Corona del Mar generally bounded by Avocado Avenue, Pacific Coast Highway, Fifth Avenue, the easterly boundary of the Corona del Mar tract, the Pacific Ocean and the Harbor entrance; and more specifically described as that area included in Annexation #3 as described in Ordinance No. 252 of the City of Newport Beach, approved on February 27, 1924. 2. The areas of West Newport and the Balboa Peninsula inwhichthe provisions of this chapter shall be controlling are more particularly described as follows: That area commonly referred to as West Newport and the Balboa Peninsula generally bounded by the Semeniuk Slough, Pacific Coast Highway, the West Lido Channel, the Newport Channel, the Main Channel, the Harbor Entrance, the Pacific Ocean and the Santa Ana River, and more specifically described as follows: Beginning at the intersection of the westerly boundary ofthe City ofNewport Beach and the Mean High Tide Line of the Pacific Ocean; thence proceeding northerly along said City Boundary to the intersection of said Boundary with the northerly right -of -way line of Pacific Coast Highway; thence due East a distance of 1" foot to an intersection with the City Boundary on the easterly side of that certain 1 foot strip shown on Annex No. 21, Ordinance No. 630, 10/31/1950; thence proceeding easterly, northerly, easterly and southerly along said City Boundary to an intersection with the northerly right -of -way line of Pacific Coast Highway; thence proceeding southerly along a perpendicular to said right -of -way line to the center -line of Pacific Coast Highway; thence easterly along said centerline to an intersection with the centerline ofNewport Boulevard; thence southerly along said centerline of Newport Boulevard to an intersection with the southerly Bulkhead of the Newport Island Channel, said point being westerly of U.S. Bulkhead Station #126 on the U.S. Bulkhead Line; thence easterly to said U.S. Bulkhead Station #126; thence continuing along the U.S. Bulkhead Line to U.S. Bulkhead Station 4114; thence northeasterly in a straight line to U.S. Bulkhead Station 4162; thence southerly in a straight line to U.S. Bulkhead Station #113, and thence proceeding along the U.S. Bulkhead to U.S. Bulkhead Station #107; thence continuing southerly along the prolongation of the U.S. Bulkhead Line to an intersection with the Mean High Tide Line; thence westerly and northwesterly along said Mean High Tide Line to the point of Beginning. B. Floor Area Limit In the R -1, R -2, and MFR Districts in the area designated as Old Corona del Mar, the total gross floor area (excluding those structures excepted under Section 20. 10.030) shall not exceed 1.5 times the buildable area of the site. 2. Calculation. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation 0127/04 Page 20.10 -13 Residential Districts shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non - habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. 3. Pacific Drive - Buildable Area. For purposes of determining the buildable area for structures located on the bluff (southerly) side of Pacific Drive between Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue, a front yard setback of 10 feet shall be used (the setback for the location of all structures as designated on the Districting Maps shall be used). C. Open Space Option. In the R -1 and R -2 Districts as designated in this section, open space shall be provided in addition to the required front yard setback. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times 6 feet and may be provided anywhere on the lot behind the required yard setback lines. This open space shall be open on at least 2 sides and shall have a minimum dimension in any direction of at least 6 feet, except as indicated in this section, and maybe used for outdoor living area. Open space with a dimension of less than 6 feet in any direction maybe included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in any direction. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. D. Pacific Drive — Front Yard Setback. Front - loaded garages and carports on the bluff southerly side of Pacific Drive between Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue shall maintain a minimum front yard setback of 19 feet from the front property line. 0127/04 CHAPTER 20.15 COMMERCIAL DISTRICTS Sections: Pale 20.15 -1 Commercial Districts 20.15.010 Specific Purposes 20.15.020 Commercial Districts: Land Use Regulations 20.15.030 Commercial Districts: Property Development Regulations 20.15.040 Review of Plans 20.15.010 Specific Purposes The commercial districts regulations are intended to: A. Locate commercial development in areas which are consistent with the General Plan and provide office, retail commercial, and service commercial uses needed by residents of, and visitors to, the City and region. B. Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities. C. Create suitable environments for commercial uses consistent with the General Plan and protect them from the adverse effects of inharmonious uses. D. Minimize the impact of commercial development on adjacent residential districts. E. Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located. F. Ensure the provision of adequate off - street parking and loading facilities. G. Provide sites for public and semipublic uses needed to complement commercial development or compatible with a commercial environment. 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. Neighborhood Commercial (CN) District. Provides areas for retail and service uses to serve the needs of the surrounding neighborhood and local area. 0imiO4 Page 20.15 -2 Commercial Districts 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. 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. Commercial 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 01/27/04 RSC CN APF RMC Additional Regulations RESIDENTIAL (A), (B), (C), (D) DAY CARE, LIMITED P P P P PUBLICAND SEMI- PUBLIC (A), (B), (C), (D) CLUBS AND LODGES UP UP UP UP (P) -YACHT CLUB UP -- UP UP (E), (F), (P) CONVALESCENT FACILITIES — - -- PD/U -- CULTURAL INSTITUTIONS UP UP UP UP (P) DAY CARE, GENERAL P P 1-11 L3 EMERGENCY HEALTH CARE - -- - -- P - -- GOVERNMENT OFFICES P P P - -- HELIPORTS UP - -- UP UP (G) MARINAS P - -- P P (E), (F) PARK AND RECREATION FACILITIES P P P P PUBLIC SAFETY FACILITIES UP UP UP UP 01/27/04 Commercial Districts: Land Use Regulations P = Permitted UP = Use permit PD/U =Use permit issued by the Planning Director L = Limited (see Additional Use Reeulations) -- = Not Permitted RELIGIOUS ASSEMBLY RESIDENTIAL CARE, GENERAL SCHOOLS, PUBLIC AND PRIVATE UTILITIES, MAJOR UTILITIES, MINOR COMMERCIAL USES ADULT- ORIENTED BUSINESSES AMBULANCE SERVICES ANIMAL SALES AND SERVICES - ANIMAL GROOMING - ANIMAL HOSPITALS - ANIMAL RETAIL SALES ARTISTS' STUDIOS BANKS /SAVINGS AND LOANS -WITH DRIVE- THROUGH/DRIVE UP SERVICE BUILDING MATERIALS AND SERVICES CATERING SERVICES COMMERCIAL FILMING COMMERCIAL RECREATION AND ENTERTAINMENT COMMUNICATION FACILITIES EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER -FULL SERVICE, LOW TURNOVER -FULL SERVICE, SMALL SCALE -TAKE -OUT SERVICE -TAKE -OUT SERVICE, LIMITED - ACCESSORY -BARS AND COCKTAIL LOUNGES FOOD AND BEVERAGE SALES - CONVENIENCE MARKETS FUNERAL AND INTERNMENT SERVICES LABORATORIES MAINTENANCE AND REPAIR SERVICES MARINE SALES AND SERVICES -BOAT CHARTER, RENTAL, AND SALES Page 20.15 -3 Commercial Districts RSC CN APF RMC Additional --- Regulations L -11 L -11 L -11 - -- UP - -- UP --- --- - -- UP - -- UP --- UP UP P P P P (A), (B), (C), (D) P - -- --- P (H), (I) L -4 — — PD/U PD/U PD/U - -- UP UP UP -- PD/U PD/U -- P P P P (1) P P P L -3 UP UP UP L -3 P--- --- --- P P P P UP UP UP UP (1) UP UP UP UP (1), (P) P P P L -3 UP PD/U UP UP (1), (J), (P) UP PD/U UP UP (1), (J), (P) PD/U PD/U PD/U PD/U (1), (J), (P) UP PD/U UP UP (1), (J), (P) PD/U PD/U PD/U PD/U (1), (J), (P) P P P P (1), (J), (P) UP UP UP UP (1), (j), (P) P P -- — (P) P P L -I P (P) UP - -- UP L -3 P — P L -3 P P P L -3 (D) UP - -- --- UP (D), (E), (F) 0127104 Commercial 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 - BOATSTORAGE -BOAT YARDS - MARINE SERVICE STATION - RETAIL MARINE SALES NURSERIES OFFICES, BUSINESS AND PROFESSIONAL PAWN SHOPS PERSONAL IMPROVEMENT SERVICES - HEALTH/FITNESS CLUBS PERSONAL SERVICES -DRY CLEANERS -DRY CLEANERS (COLLECTION ONLY) - FORTUNE TELLING - MASSAGE ESTABLISHMENTS -SELF SERVICE LAUNDRIES POSTAL SERVICES PRINTING AND DUPLICATING SERVICES RESEARCH AND DEVELOPMENT SERVICES RETAIL SALES - LIMITED - PHARMACIES AND MEDICAL SUPPLIES SECOND HAND APPLIANCES /CLOTHING SWAP MEETS, RECURRING TRAVEL SERVICES VEHICLE/EQUIPMENT SALES AND SERVICES - AUTOMOBILE WASHING - COMMERCIAL PARKING FACILITY - SERVICE STATIONS - VEHICLE/EQUIPMENT REPAIR - VEHICLE/EQUIP RENTALS (OFFICE ONLY) - VEHICLE/EQUIPMENT RENTALS - VEHICLE/EQUIPMENT SALES - LIMITED - VEHICLE STORAGE Pa -e 20.15 -4 Commercial Districts RSC CN APF RMC Additional Regulations - -- - -- - -- P (D), (E), (F) - -- - -- - -- L -6 (D), (E), (F) PD/U - -- - -- PD/U (E), (F) P - -- L -1 P (E), (F) P- -- --- - -- P P P L -3 P - -- - -- - -- (1) PD/U PD/U PD/U PD/U (1) PD/U PD/U PD/U PD/U P P L -1 L -3 P P L -1 L -3 P P L -1 L -3 P P P L -3 L -7 L -7 L -7 L -8 P P - -- L -3' P P P L -3 P P P L -3 P P P P P P L -1 L -9 P P L -1 L -9 P P L -1 L -3 L -5 L -5 L -5 L -5 (1) UP - -- - -- -- (1) P P P L -3 UP - -- L -12 L -12 PD/U - -- PD/U PD/U UP - -- UP UP (K), (P) UP L -12 - -- P - -- P L -2 UP — L -12 L -3 UP - -- L -12 PD/U — L -12 - -- L -12 — L -12 01/27/04 Commercial Districts: Land Use Regulations P = Permitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Reeulationsl -- = Not Permitted VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS - HOTELS, MOTELS AND TIME - SHARES -RV PARKS -SRO RESIDENTIAL HOTELS WAREHOUSING AND STORAGE, LIMITED WAREHOUSING AND STORAGE, SELF SERVICE INDUSTRIAL INDUSTRY, CUSTOM - LIMITED INDUSTRY, LIMITED - SMALL-SCALE INDUSTRY, MARINE- RELATED STORAGE AND DISTRIBUTION AGRICULTURAL AND EXTRACTIVE USES MINING AND PROCESSING ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES ANIMAL SHOWS CHRISTMAS TREE/PUMPKIN SALES CIRCUSES AND CARNIVALS COMMERCIAL FILMING, LIMITED FAIRS AND FESTIVALS HELIPORTS, TEMPORARY OUTDOOR STORAGE & DISPLAY, TEMPORARY REAL ESTATE OFFICES, TEMPORARY RECREATION AND ENTERTAINMENT EVENTS TRADE FAIRS Pale 20.15 -5 Commercial Districts RSC CN APF RMC Additional Regulations PD/U - -- PD/U PD/U UP --- UP UP (0) UP - -- - -- UP UP - -- UP - -- - - -- UP - -- (L) - -- - -- UP (L) UP - -- — UP - -- - -- --- - -- PD/U L -10 - -- L -10 (A), (B), (C), (D) UP (E) (A), (B), (C) L -10 (M) (A), (B), (C) P/UP P/UP P/UP P/UP (A), (B), (C) P — P P (N) L -5 L -5 L -5 L -5 (B) P --- P P (N) P P P P (N) P P P P (I) L -5 - -- L -5 L -5 (G) P P - -- P (D) L -5 L -5 L -5 L -5 (B) P P P P (I) P P P P (N) 0127/04 Page 20.15 -6 Commercial Districts Commercial Districts: Additional Land Use Regulations L -1 Perutted 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. 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 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 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. otrniO4 Pale 20.15 -7 Commercial Districts (C) See Section 20.60.050: Outdoor Lighting. (D) See Section 20.60.105: Outdoor Storage & 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. (l) 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 Beverage Outlets. 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. Commercial Districts: Property Development Regulations RSC CN APF RMC Additional Regulations (A), (I) Minimum Lot Area (sc. ft. ) 2,000 10,000 2,000 2,000 ), (C - Corner Lots (s q. ft.) Minimum Lot Width (ft.) 25 25 25 (B) Corner Lots (ft.) 01/27/04 Page 20.15 -8 Commercial Districts Commercial Districts: Property Development Regulations RSC CN APF RMC Additional Regulations Minimum Yards: Front (ft. ) 20 15 -- C (D), (E) Side (ft. ) - -- -- — (C), (D), (F) -Abutting an R District (ft.) 5 20 5 5 I(C), (D), (F Rear (ft.) -- - -- - -- -- I(C), (D) -Abutting an R District (ft.) 5 20 5 5 C, -Abutting an alley (ft. ) 10 20 10 10 C (D Bulkhead Setback 10 - -- 10 10 Maximum Height (ft.) Maximum Floor Area Limit (C Off - Street Parking and Loading (H) 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 15 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. (I) 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. 01/27/04 Page 20.15 -9 Commercial Districts (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. 20.15.040 Review of Plans See Section 20.60.060: Plans and Drawings for Commercial and Industrial Districts. camio4 Pape 20.65 -1 Height Limits Sections: 20.65.010 20.65.020 20.65.030 20.65.040 20.65.050 20.65.055 20.65.060 20.65.070 20.65.080 CHAPTER 20.65 HEIGHT LIMITS Purpose Effect of Chapter Measurement of Height Height Limitation Zones Planned Community Districts Required Findings to Exceed Height Limits Existing Structures and Permits Exceptions to Height Limits Airport Height Limits 20.65.010 Purpose A. This chapter establishes regulations on the height of buildings throughout the City in order to ensure that the unique character and scale of Newport Beach is preserved. B. This chapter creates 5 height limitation zones which govern building height but allow design flexibility with City review. C. These regulations shall be reviewed and revised as necessary. 20.65.020 Effect of Chapter All sections of this code shall be subject to the provisions of this chapter. 20.65.030 Measurement of Height A. Height of Structure. The height of a structure shall be the vertical distance between the highest point of the structure and the grade directly below. In determining the height of a sloped roof, the measurement shall be the vertical distance between the grade and the midpoint of the roof plane, as measured from the ridge of the roof to where the wall plate intersects the roof plane, provided that no part of the roof shall extend more than 5 feet above the permitted height in the height limitation zone. 0127/04 Page 20.61 -2 Height Limits B. Grade. For the purpose of measuring height, the grade shall be the unaltered natural vertical location of the ground surface unless one of the following applies: At the time of subdivision, the City has approved a grading plan or map, under which circumstances grade shall be finished grade as shown on the plan or map so approved. For sites that were developed without or prior to the requirement for a grading plan or map, the Planning Department shall exercise its best efforts to determine the location of grade for the purpose of measuring height. hi so doing, the Planning Department shall use existing on -site elevations and contours, as well as the elevations and contours of adjoining and nearby properties to determine the natural profile ofthe site. hi cases where retaining walls have been constructed or filled surfaces have been used for the purpose of measuring height prior to October 12, 1972, the finished grade established in conjunction with the filled condition shall be used for the measurement of height. Under no circumstances shall height be measured from excavated surfaces such as basements and wine cellars which have been used to artificially lower the ground surface. 2. Flood Hazard Areas. The height shall be measured from the finished floor of any portion of the principal building where habitable space is required to be elevated to the elevation established by the Flood Insurance Rate Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building elevations established by the Flood Insurance Rate Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. Establishment of Grade. hi a case where natural grade or finished grade as referred to herein is, in the judgement of the Planning Commission, inappropriate or unworkable for the purpose of measuring height, the Planning Commission shall establish grade in such a way to insure that the intent or purpose of this chapter is fulfilled. The establishment of grade by 01/27/04 Page 20.65 -3 Height Limits the Planning Commission shall require the approval of a site plan review which shall be obtained in accordance with Chapter 20.92. In order to establish grade, the Planning Commission shall make the following findings in addition to those required by Chapter 20.92: a. That the proposed grade being requested by the applicant is reasonable and comparable with the grades of surrounding properties and that the establishment of such grade will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. b. That the proposed grade and related development will not result in the loss of any public views and shall be consistent with the existing character of the neighborhood in which the project is located. C. That the existing grade on the subject property, is inappropriate and unworkable for the purpose of measuring height. d. That the proposed grade being requested by the applicant is necessary for the preservation and enjoyment of substantial property rights of the applicant. 20.65.040 Height Limitation Zones In addition to the development standards established in the various districts, there shall be 5 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 apart 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 24 feet; provided, however, that a structure may exceed 24 feet up to a maximum of 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 Hei¢ht Limitation Zone. In the 28/32 Foot Height Limitation Zone the maximum height limit shall be 28 feet; provided, however, that structures may exceed 28 feet up to a maximum of 32 feet in an adopted 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 MFR and RMD Districts. 0127104 Page 20.65 -4 Height Limits C. 26/35 Foot Height Limitation Zone. In the 26/35 Foot Height Limitation Zone the height limit shall be 26 feet; provided, however, that a structure may exceed 26 feet up to a maximum of 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 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 32 feet; provided, however, that a structure may exceed 32 feet up to a maximum of 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 districts, other than the R -1, R -1.5, R -2, MFR, RMD, 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 375 feet. 20.65.050 Planned Community Districts In each planned community district established subsequent to the adoption this chapter, the height limits shall be established as part of the planned community development plan; provided, however, that in no event shall the development exceed the height limits permitted in the height limitation zones as set forth under Section 20.65.040 and as designated below: 24/28 FOOT HEIGHT LMTATION ZONE. Upper Newport Bay Planned Community as established by Ordinance No. 1537 adopted December 17, 1973 (Amendment No. 409). 20.65.055 Required Findings to Exceed Height Limits The Planning Commission or City Council in approving any planned community district, any specific plan, or in granting any use permit for structures in excess of the basic height limit in any district shall find that each of the following four points have been complied with: A. The increased building height would result in more public visual open space and views than is required by the basic height limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. B. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is oirz7ro4 Page '?0.65 -5 Height Limits required by the basic height limit in any zone. C. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. D. The structure shall have no more floor area than could have been achieved without the use permit. 20.65.060 Existing Structures and Permits A. The use permit application fee shall be waived for any single family home in the R -1 District which is replacing a structure which was in existence on the effective date of this chapter (October 11, 1972). B. Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in existence or under construction on the effective date of this chapter (October 11, 1972) may be changed provided such change does not result in a roof height above top of curb and provided further that the roof height does not exceed the height limit established by the 24/28 Height Limitation Zone. For purposes of this chapter, the top of curb height limitation shall be established by a horizontal plane created by the extension of the top of curb line across each site located on the bluff side of Ocean Boulevard. Where a question arises as to the interpretation of this code, the Planning Director shall review and render a decision. New structures may be constructed on vacant sites subject to the same criteria. 20.65.070 Exceptions to Height Limits A. Architectural Features and Solar Equipment. Architectural features such as, but not limited to, cupolas, weathervanes, open protective railings for stairways, and other decorative roof -top features of an open nature, and solar equipment, but excluding parapet walls, may be permitted in excess of permitted height limits subject to the approval of a modification permit. B. Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells and screened mechanical equipment, totaling no more than 25 square feet, shall be permitted to up to 5 feet in excess of the height limits. C. Chimneys and Vents. Chimneys and vents shall be permitted in excess of height limits to the minimum extent required by the Uniform Building Code plus an additional 12 inches for the provision of spark arrestor apparatus or architectural features of a decorative screening nature. Any such structures orfeatures exceeding the Uniform Building Code requirements shall be subject to the following criteria: 6127/04 Pale 20.65 -6 Height Limits That the overall dimensions of the chimney shall be limited to a maximum width of 2 feet by a maximum length of 4 feet for any portion of the structure which exceeds the Uniform Building Code requirements. 2. That the allowance for the additional 12 inches shall be solely for the incorporation of a spark arrestor as required by the manufacturer or for the incorporation of an architectural screening or treatment. All chimneys and vents exceeding the minimum height required by the Uniform Building Code, with the exception of an additional 12 inches for spark arrestor apparatus or architectural features of a decorative screening nature, shall be subject to the approval of a modification permit. D. Skylights and Roof Windows. The terms skylights and roof windows shall be interchangeable and shall be permitted in excess of the average height permitted in the Height Limitation Zones only as indicated in the following. However, in no case shall any portion of any such skylight or roof window structure exceed the maximum ridge height allowed for any roof in the Height Limitation Zone in which the structure is located. Any such skylight or roof window which is openable shall not be permitted under this section, except those which slide open within the same plane as the frame of the structure, or open to the interior of the building only. Any such structure or feature shall be limited as follows: When mounting on a flat roof structure, the maximum height measured atthe highest point of the proposed skylight or roof window, in a plane parallel to the plane of the roof structure, shall not exceed an elevation of 6 inches above the average roof height as provided by the Height Limitation Zone, or 6 inches above the finished surface of a conforming roof structure, whichever is less. 2. When mounting on a sloping roof structure, the maximum height measured at the highest point of the proposed skylight or roof window, in a plane parallel to the plane of the roof structure, shall not exceed an elevation of 6 inches above the finished surface of the conforming roof structure. That in the areas of the City where a Height Limitation Zone is superseded by more restrictive height limitations or by a discretionary approval of the Planning Commission or the City Council, this section shall not be applied. E. Flag Poles. Flag poles shall be permitted in the 24/28 and the 28/32 Foot Height Limitation Zones not to exceed a height of 35 feet. Flagpoles shall be permitted in the 26/35 and the 32/50 Foot Height Limitation Zones not to exceed a height of 50 feet. All other flagpoles in excess of the height limits noted above maybe permitted subject to the approval of the Planning Commission. F. Boat Cranes. Boat cranes used in conjunction with an approved marine - oriented use may be permitted to exceed the basic height limit applicable to the district in which it 010104 Pale 30.65 -7 Height Limits is located, up to a maximum operating height of 70 feet, subject to the approval of the Planning Commission. G. Churches. Church structures used for church purposes shall be exempt from the restrictions of this chapter, except that any such structure exceeding 35 feet in height shall require a use permit. 20.65.080 Airport Height Limits Any project which requires a notice of construction or alteration by the Federal Aviation Admin- istration Regulations Part 77 shall require FAA compliance, and the applicant shall submit a copy of the FAA application to the Airport Land Use Commission (ALUC) and provide the City with FAA and ALUC responses. If the ALUC requests review of the project, then the project shall be submitted to the commission by the City. Commission determination shall be referred to the City within 60 calendar days from the date of referral of the application to the ALUC, and shall be considered before the City takes any action on the project. If the Commission fails to refer the determination within that period, the proposed project shall be deemed consistent with the Airport Environs Land Use Plan (AELUP). oimroa S Page 20.65 -8 Height Limits 0127/04 ti m z 0 M N a 0 z U N N ND F— O c� = z W z ti w Q LL z O Q 1 CL Q9• r/ / � � / Q .. � � a U) p 1z; g W �a co 01. i CL U- 00000 �t a 1; o a Q Q. . U U Z g g si� }aia ° —!gsg iin U saB€ 5 E aa:= �zs�r 12 :000000 I �•h �:. ♦ -� !% -..ill �r�y.`y'�' -�,,,. lf!fj�� yf"� Of� lj`sr ' `1 Il„ NN • .. ��� �'"�.....• �!1Z :..ter. �r�' ±�sr4'�r 7 • �-.a4 �,• uTI . yl,� • i." k j��f' •'i io �•+:� �. f r t��ll*�f -4 A_ � • • r e t �lll� �•�rj�� r� I EXHIBIT ZA -3: ADOPTION OF AMENDED SANTA ANA HEIGHTS SPECIFIC PLAN BY REFERENCE (ZONING CODE CHAPTER 20.44, ENTITLED "SPECIFIC PLAN #7, SANTA ANA HEIGHTS") [Amended Specific Plan text distributed separately due to bulk. Available for public inspection at the City of Newport Beach Planning Department, 3300 Newport Boulevard, 949 - 644 - 3200.] STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2004 -1 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of January 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols Noes: None Absent: None Abstain: Mayor Ridgeway IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of January 2004. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2004 -1 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: January 31, 2004. zlmrI In witness whereof, I have hereunto subscribed my name this day of City Clerk City of Newport Beach, California