HomeMy WebLinkAbout2013-21 - Adopting Zoning Code Amendment No. CA2013-005 Amending Section 20.90.060 (Residential Equestrian District: SP-7 (REQ)) Removing Annual Use Permits for the Keeping of Three to Six Horses in the Req (Residential Equestrian) District of the SP-7ORDINANCE NO. 2013 -21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING ZONING CODE AMENDMENT
NO. CA2013 -005 AMENDING SECTION 20.80.060
(RESIDENTIAL EQUESTRIAN DISTRICT: SP -7 (REQ))
REMOVING ANNUAL USE PERMITS FOR THE KEEPING OF
THREE TO SIX HORSES IN THE REQ (RESIDENTIAL
EQUESTRIAN) DISTRICT OF THE SP -7 (SANTA ANA HEIGHTS
SPECIFIC PLAN) ZONING DISTRICT (PA2013 -114).
WHEREAS, on September 10, 2002, the City of Newport Beach ( "City ") entered into a
Pre - Annexation Agreement with the Orange County Board of Supervisors ( "County ") and the
Orange County Development Agency (now Successor Agency, "Agency ") that specified the
terms of annexation of the area known as Santa Ana Heights to the City;
WHEREAS, Section 2.1 of the Pre - Annexation Agreement requires the City to receive
the written consent of the County and the Agency prior to proceeding with any amendments
to the Santa Ana Heights Specific Plan;
WHEREAS, in July of 2003 and May of 2006, East Santa Ana Heights and West
Santa Ana Heights were annexed into the City and continued to be subject to the Santa Ana
Heights Specific Plan Area Regulations as well as the Pre - Annexation Agreement;
WHEREAS, the Santa Ana Heights Specific Plan requires a property owner or tenant
within the REQ (Residential Equestrian) District to obtain an annual use permit for the
recreational keeping of three to six horses over the age of eight months on a single property;
WHEREAS, on June 25, 2013, the City Council reaffirmed its intent to remove the
requirement for an annual use permit for the recreational keeping of horses and, pursuant to
City Council Policy K -6, authorized the Mayor to send correspondence to the County and
Agency requesting consent to amend the Santa Ana Heights Specific Plan;
WHEREAS, the County Oversight Board concurred with the proposed amendment on
July 18, 2013, by adoption of Resolution No. 13 -002;
WHEREAS, the County concurred with the proposed amendment on August 20, 2013,
by adoption of Resolution No. 13 -081;
WHEREAS, the Agency concurred with the proposed amendment on August 20, 2013,
by adoption of Resolution No, 13 -082;
WHEREAS, the City's Planning Commission conducted a public hearing on October 3,
2013, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach,
California;
WHEREAS, notice of time, place, and purpose of the Planning Commission's public
hearing was given in accordance with the Newport Beach Municipal Code and evidence, both
City Council Ordinance No. 2013 -21
written and oral, was presented to, and considered by, the Planning Commission at this
public hearing;
WHEREAS, on October 3, 2013, the Planning Commission adopted Resolution No.
1925 recommending City Council adoption of Code Amendment No. CA2013 -005, which
removes the requirement to obtain an annual use permit for the recreational keeping of three
to six horses;
WHEREAS, the City Council has reviewed the Planning Commission's findings and
recommendations pursuant to Newport Beach Municipal Code Section 20.66.040(A)(1); and
WHEREAS, a public hearing was held by the City Council on October 22, 2013,
pursuant to Newport Beach Municipal Code Chapter 20.66.050(C), in the City Hall Council
Chambers located at 100 Civic Center Drive, Newport Beach, California; notice of time, place
and purpose of the public hearing was given in accordance with the Newport Beach
Municipal Code and evidence, both written and oral, was presented to, and considered by,
the City Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: Subsection 20.90.060(D) of the Newport Beach Municipal Code is hereby
amended to read as follows:
"D. Accessory Uses Permitted. Accessory uses and structures are permitted when
customarily associated with and subordinate to a principal permitted use on the same
building site including:
1. Garages and carports.
2. Swimming pools.
3. Fences and walls.
4. Patio covers.
5. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless
otherwise approved through a comprehensive sign permit or modification permit
in accordance with Chapter 20.42 and Part 5 of this title.
6. Home occupations per Section 20.48.110.
7. The keeping of the following animals for the recreational enjoyment of
persons residing on the same building site, subject to the noted restrictions:
a. Any animal if kept exclusively within the residence.
City Council Ordinance No. 2013 -21
Paae 3 of 6
b. Horses and ponies, limited to the following (offspring exempt up to the
age of eight months):
Size of Building Site (sq. ft.)
Maximum Number Permitted
Less than 10,000
1
10,000 to 15,000
2
Greater than 15,000
3 to 6*
* Subject to compliance with the property maintenance standards in subsection (G)
of this section.
c. Goats, sheep, pigs and cows only on building sites greater than fifteen
thousand (15,000) square feet in size and limited to: (i) no more than two
adult animals of any one species per building site and (ii) no more than a
total of six adult animals, including horses and ponies, per building site.
Offspring are exempt until such time as they are weaned.
d. Rabbits, chickens and ducks, limited to no more than a total of six of
such animals per building site.
e. Up to three dogs and three cats. Offspring are exempt up to the age of
four months. The keeping of four or more dogs or four or more cats over the
age of four months is also permitted subject to obtaining an animal permit
per County health regulations.
City Council Ordinance No. 2013 -21
Page 4 of 6
f. Minimum setbacks for the keeping of animals shall be as follows:
* Required for covered portions of structures only.
8. Granny unit, attached or detached, in conformance with Section 20.48.200,
subject to the approval of a minor use permit per Part 5 of this title.
9. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this District."
Section 2: Subsection 20.90.060(G) of the Newport Beach Municipal Code is hereby
amended to read as follows:
"G. Property Maintenance Standards.
1. Purpose and Intent. Within the REQ District, most lots are relatively small
(less than one -half acre), narrow (sixty -six (66) feet wide), and surrounded by
existing tract housing, existing retail commercial uses and proposed business
park development. Due to the unique size and configuration of these lots and
their close proximity to more urbanized uses, it is necessary to adopt property
maintenance standards for the noncommercial keeping of horses and ponies for
the purpose of ensuring compatibility with surrounding land uses.
2. The following standards shall apply to building sites with three (3) to six (6)
horses and /or ponies over the age of eight months:
From
From
From
Ultimate
Property Line
Property
Street Right-
Abutting RSF
Line
of -Way Line
or BP
Abuttirg
Districts
REQ
District
iSide
Front
Front
Side
Front
Side
All structures housing animals (e.g.,
50
20
25
25
5*
5*
corrals, pens, stalls, cages,
doghouses)
Exercise areas
125
110
10
0
0
0
* Required for covered portions of structures only.
8. Granny unit, attached or detached, in conformance with Section 20.48.200,
subject to the approval of a minor use permit per Part 5 of this title.
9. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this District."
Section 2: Subsection 20.90.060(G) of the Newport Beach Municipal Code is hereby
amended to read as follows:
"G. Property Maintenance Standards.
1. Purpose and Intent. Within the REQ District, most lots are relatively small
(less than one -half acre), narrow (sixty -six (66) feet wide), and surrounded by
existing tract housing, existing retail commercial uses and proposed business
park development. Due to the unique size and configuration of these lots and
their close proximity to more urbanized uses, it is necessary to adopt property
maintenance standards for the noncommercial keeping of horses and ponies for
the purpose of ensuring compatibility with surrounding land uses.
2. The following standards shall apply to building sites with three (3) to six (6)
horses and /or ponies over the age of eight months:
City Council Ordinance No, 2013 -21
Paae 5 of 6
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). Nay shall be stored on a raised platform with a
minimum six -inch clearance above the surrounding area.
d. Combustible materials and/or solutions shall be maintained a minimum
of twenty -five (25) feet from all residential structures and structures housing
animals.
e. The property owner or tenant shall allow no animal to constitute or
cause a hazard or be a menace to the health, safety, or peace of the
community. The property owner or tenant shall keep all animals in such
manner as may be prescribed to protect the animals from the public and the
public from the animals.
f. The property owner or tenant shall make every reasonable effort to
recapture every animal that escapes. Escapes of animals wherein the
recapture of the animal cannot be immediately accomplished shall be
reported to City Animal Control."
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
City Council Ordinance No. 2013 -21
Page 6 of 6
clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Section 5: Pursuant to Newport Beach Municipal Code Section 20.66.070, the
amendments to Newport Beach Municipal Code Subsections 20.90.060(D) and 20.90.060(G)
shall become final and effective thirty days after the adoption of this ordinance.
Section 6: The City Council finds the approval of this ordinance is not subject to the -
California Environmental Quality Act (" CEQA') pursuant to Section 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published
pursuant to Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 22nd day of October, 2013, and adopted on 12d' day of
November, 2013, by the following vote, to wit:
AYES, COUNCIL MEMBERS Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
None
ABSENT, COUNCIL MEMBERS None
ATTEST:
4' N�
Leilani 1, Brown, City Clerk
THE CI ATTORNEY'S OFFICE
-r
Aaron C. Harp, City Attorney
Keith D. Curry, Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2013 -21 was duly and regularly introduced on the 22nd day of October, 2013, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of
November, 2013, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13th day of November, 2013.
L�
441WL • p
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2013 -21 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 dates:
Introduced Ordinance: October 26, 2013
Adopted Ordinance: November 16, 2013 �1 f I r,v1
In witness whereof, I have hereunto subscribed my name this 2n� day of r1J _` (2013.
pt�4��
City Clerk
City of Newport Beach, California
(Seal)