HomeMy WebLinkAbout2.0 - Santa Ana Heights Code Amendment - PA2013-114CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 3, 2013 Meeting
Agenda Item 2
SUBJECT: Santa Ana Heights Code Amendment (PA2013 -114)
Code Amendment No. CA2013 -005
APPLICANT: City of Newport Beach
PLANNER: Benjamin M. Zdeba, Assistant Planner
(949) 644 -3253, bzdeba(a�newportbeachca.gov
PROJECT SUMMARY
An amendment to Chapter 20.90 (Santa Ana Heights Specific Plan) of the Zoning Code
(Title 20) removing the requirement for an annual use permit to keep three to six horses
on a property for noncommercial purposes within the Residential Equestrian (REQ)
District. Property maintenance regulations remain in full force and effect to ensure
properties with horses remain compatible with surrounding land uses.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ (Attachment PC 1) recommending City Council approval
of Code Amendment No. CA2013 -005.
DISCUSSION
Background
On September 10, 2002, the City of Newport Beach entered into a Pre - Annexation
Agreement with the County of Orange Board of Supervisors ( "County') and the Orange
County Development Agency ( "Agency ") that specified the terms of annexation for the
Santa Ana Heights area to the City of Newport Beach. Included in the agreement is a
requirement that prior to any General Plan Amendment or Specific Plan Amendment,
the City must first obtain consent of the amendment from both the County and Agency'.
East Santa Ana Heights and West Santa Ana Heights were subsequently annexed to
the City in July 2003 and May 2006, respectively.
The Santa Ana Heights Specific Plan includes zoning regulations with respect to land
use and development and includes parameters for the recreational keeping of horses
' Section 2.1 of the Pre - Annexation Agreement States: 'After the CITY's annexation of the Annex Area,
the CITY shall not amend its General Plan as it pertains to the Annex Area or the Specific Plan without
the prior written consent of the COUNTY and AGENCY..."
SAH REQ Code Amendment
October 3, 2013
Page 2
within the Residential Equestrian (REQ) and Single - Family Residential (RSF) Districts
(Attachment PC 2). Additionally, within the REQ District, residents wishing to keep
between three and six horses are required to obtain an annual use permit. The City has
not yet established a procedure for issuing the annual use permits and, consequently,
no such permits have been issued.
In April 2010, City Council directed staff to initiate the process to amend the Santa Ana
Heights Specific Plan to remove the annual use permit requirement. However, staff did
not send forward the appropriate requests to the County and Agency and did not obtain
written consent to proceed with the amendment process at that time.
In June 2013, staff brought a draft ordinance (Attachment PC 3) to City Council
amending the zoning regulations to simply remove the annual use permit requirement
while maintaining the current property maintenance standards and the maximum
number of horses allowed based on parcel sizes. At that meeting, City Council
authorized the Mayor to send correspondence to the Orange County Board of
Supervisors and Agency (Successor) requesting consent to amend the Santa Ana
Heights Specific Plan to delete the requirement for an annual use permit relative to the
keeping of three to six horses in the REQ (Residential Equestrian) District.
In August 2013, the City received consensual resolutions from both the County and
Agency to proceed with the amendment (Attachment PC 4).
Analysis
Upon annexation, the City adopted the Santa Ana Heights Specific Plan as the Zoning
District for the area. This designation and its regulations were in place under County
jurisdiction and remained unchanged post annexation. Section 20.90.060.D (Accessory
Uses Permitted) of the REQ District regulations sets forth the allowed accessory uses
including recreational horse - keeping. As shown in the table below, recreational horse -
keeping within the REQ District is contingent upon the size of the building site. As it
stands currently, any person wishing to keep between three and six horses on an REQ
property must obtain an annual use permit.
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 with use permit
Use permits shall be processed in accordance with subsection (G) of this section.
SAH REQ Code Amendment
October 3, 2013
Page 3
There are several standards outlined in the Zoning Code relative to property
maintenance (e.g., dust and manure control, food storage, etc.) for those properties
keeping horses for noncommercial purposes that which have been enforced since
annexation. Other potential concerns such as urban runoff and water quality are further
governed by Municipal Code Section 14.36 (Water Quality) which is intended to
mandate participation in the improvement of water quality and compliance with federal
requirements. The City's Code and Water Quality Enforcement Division ensures all
property maintenance standards are followed by property owners and residents keeping
horses within the Santa Ana Heights Specific Plan Area.
Even though the annual use permit has not been required, Code Enforcement still
encourages compliance with best management practices. Since January, 2008, Code
Enforcement has received and responded to six complaints relative to either excessive
dust or discharge into the storm drain system on six different properties keeping horses.
Additionally, Code Enforcement educates residents and continues to conduct outreach
events such as a recent community meeting where a Code Enforcement staff member
gave an extensive presentation on best management practices (Attachment PC 5).
These enforcement and education efforts help to prevent any detriment from horse -
keeping properties within the area.
Proposed Amendment
The proposed amendment would continue to allow the recreational keeping of three to
six horses on a REQ property meeting the minimum building site standards; however,
no annual use permit would be required. It would also revise the language under
Subsection G (Use Permit Procedures) by removing any reference to a use permit, but
upholding the property maintenance standards to ensure compatibility with the
surrounding area and land uses.
The proposed changes to these sections are provided in Exhibit A of the draft resolution
(Attachment PC 1).
Staff believes removal of the requirement for an annual use permit will not negatively
affect enforcement of property maintenance standards prescribed by the Municipal
Code.
ENVIRONMENTAL REVIEW:
This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
SAH REQ Code Amendment
October 3, 2013
Page 4
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
Notice of this amendment was mailed to property owners of lots in the REQ district and
to those in the RSF district immediately adjacent to the REQ and published in the Daily
Pilot, including an eighth page advertisement. Additionally, the item appeared on the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by:
Submitted by:
c
Be ja i M. eba
Br n la Wisnest i, ICP, Deputy Director
As ' tant Planner
ATTACHMENTS
PC 1 Draft Resolution
PC 2 SP -7 REQ and RSF Land Use Designations
PC 3 Draft Ordinance
PC 4 County and Agency Consent
PC 5 Community Meeting BMP Presentation
Attachment PC 1
Draft Resolution
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF ZONING CODE AMENDMENT NO. CA2013 -005
AMENDING SECTION 20.90.060 (RESIDENTIAL EQUESTRIAN
DISTRICT: SP -7 (REQ)) REMOVING ANNUAL USE PERMITS
FOR THE NONCOMMERCIAL 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).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. In July of 2003 and May of 2006, East Santa Ana Heights and West Santa Ana Heights
were annexed into the City and continued to be subject to the Santa Ana Heights Specific
Plan Area Regulations as well as the Annexation Agreement.
2. The Santa Ana Heights Specific Plan requires a property owner or resident 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.
3. On June 25, 2013, the City Council reaffirmed its intent to remove the requirement for an
annual use permit and authorized the Mayor to send correspondence to the County and
Agency requesting consent to amend the Specific Plan.
4. The County and Agency provided written consent to proceed with the proposed amendment
on August 20, 2013,
5. The Planning Commission conducted a public hearing on October 3, 2013, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to
Section 1506(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment.
Planning Commission Resolution No.
Paqe 2 of 2
SECTION 3. FINDINGS.
1. The requirement for an annual use permit to recreationally keep three to six horses on a
property within the Residential Equestrian (REQ) District of the Santa Ana Heights Specific
Plan (SP -7) has not been enforced since annexation, but the City has conducted
inspections, enforced regulations, and completed outreach.
2. Property maintenance standards for property owners and residents keeping horses are
prescriptive within the Zoning Code and the removal of the use permit procedure does not
preclude enforcement of these standards.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends approval of Code
Amendment No. CA2013 -005 as set forth in Exhibit "A."
PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF OCTOBER, 2013.
AYES:
NOES:
ABSTAIN
ABSENT:
I_l'
Bradley Hillgren, Chairman
BY:
Kory Kramer, Secretary
Code Amendment No. CA2013 -005 (proposed amendment is underlined)
Section 20.90.060.D
D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated
with and subordinate to a principal permitted use on the same building site including:
1. Garages and carports.
2. Swimming pools.
3. Fences and walls.
4. Patio covers.
5. Signs per Chapter 20_42. No sign shall exceed six square feet in area unless otherwise approved
through a comprehensive sign permit or modification permit in accordance with Chapter 20.42 and Part
5 of this title.
6. Home occupations per Section 20.48.110.
7. The keeping of the following animals for the recreational enjoyment of persons residing on the
same building site, subject to the noted restrictions:
a. Any animal if kept exclusively within the residence.
b. Horses and ponies, limited to the following (offspring exempt up to the age of eight months):
Size of Building Site
(sq. ft.)
Maximum Number
Permitted
Less than 10,000
1
10,000 to 15,000
2
Greater than 15,000
3 to 6 °^ ;A
* 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.
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 20.90.060.G
G. Use Perm t PFeGed',Fe& 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
From Ultimate
From Property
From Property
Street Right -of-
Line Abutting RSF
Line Abutting REQ
Way Line
or BP Districts
District
Front
Side
Front
Side
Front
Side
All structures housing animals (e.g., corrals, pens,
50
20
25
25
5*
5*
stalls, cages, doghouses)
Exercise areas
25
10
0
0
0
0
Required for covered portions of structures only.
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 20.90.060.G
G. Use Perm t PFeGed',Fe& 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 Feq6idFe a use peFm r' for the noncommercial keeping of horses and ponies for
the purpose of ensuring compatibility with surrounding land uses. It is the ntent of the City to provide
that the r lat ARS cot forth hnln.v n properly mnlmmented
D�••S7�J_TRd[>•- l- T.'I�Rl -T.�. .. _ . ... _ _ . • lTT. 1GT. T ..T.1Ti11LLfiRR.7.T.11S_TiLT.1. ... _
... _ .. _ • .... . .. _ _ .. .. -
._ . .. ._ _ ._ .. .. .. ... .. .. .. .. .. .. • _ ._
(3) to six (6) horses and /or ponies over the age of eight months :
a. The property owner or tenant shall initiate and maintain a program of proper manure
management. The property owner or tenant shall provide for the daily collection of manure from
in and around corrals and exercise areas. Manure shall be stored in covered containers. In no
case shall manure be permitted to remain in any container for a period exceeding seven days.
b. A program of continuous dust control of the entire premises shall be carried out. A method
for light watering of arenas and exercise areas shall be maintained. In lieu of watering, chemical
control of dust may be permitted.
c. There shall be adequate and effective control of insects and rodents and such control shall
be vigorously maintained at all times. All dry grains and pellets shall be stored in rodent -proof
containers (i.e., well - sealed and preferably metal containers). Hay shall be stored on a raised
platform with a minimum six -inch clearance above the surrounding area.
d. Combustible materials and /or solutions shall be maintained a minimum of twenty -five (25)
feet from all residential structures and structures housing animals.
e. The property owner or tenant shall allow no animal to constitute or cause a hazard or be a
menace to the health, safety, or peace of the community. The property owner or tenant shall
keep all animals in such manner as may be prescribed to protect the animals from the public and
the public from the animals.
f. The property owner or tenant shall make every reasonable effort to recapture every animal
that escapes. Escapes of animals wherein the recapture of the animal cannot be immediately
accomplished shall be reported to City Animal Control.
Attachment PC 2
SP -7 REQ and RSF Land Use Designations
O�
2�
v`
IRVINE AVE
l
VIP
GP
P
n
/�20
L
O�
�P
REQ -Residential Equestrian
RSF - Residential Single Family
\ SP -7 - Other designations
SP -7 Boundary
0 250 500
mmmmz= Feet
Santa Ana Heights Specific Plan (SP -7) e
REQ and RSF Land Use Designations
13
Attachment PC 3
Draft Ordinance
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING ZONING CODE AMENDMENT
NO. CA2013- AMENDING SECTION 20.90.060
(RESIDENTIAL EQUESTRIAN DISTRICT: SP -7 (REQ))
REMOVING ANNUAL USE PERMITS FOR THE KEEPING OF
THREE TO SIX HORSES IN THE REQ (RESIDENTIAL
EQUESTRIAN) DISTRICT OF THE SP -7 (SANTA ANA HEIGHTS
SPECIFIC PLAN) ZONING DISTRICT (PA2013 -114).
WHEREAS, on September 10, 2002, the City entered into a Pre - Annexation
Agreement with the Orange County Board of Supervisors ( "County ") and the Orange County
Development Agency (now Successor Agency, "Agency ") that specified the terms of
annexation of the area known as Santa Ana Heights to the City. Section 2.1 of this
agreement requires the City to receive the written consent of the County and the
Development Agency prior to proceeding with any amendments to the Santa Ana Heights
Specific Plan.
WHEREAS, in July of 2003 and May of 2006, East Santa Ana Heights and West
Santa Ana Heights were annexed into the City and continued to be subject to the Santa Ana
Heights Specific Plan Area Regulations as well as the Annexation Agreement.
WHEREAS, the Santa Ana Heights Specific Plan requires a property owner or tenant
within the REQ (Residential Equestrian) District to obtain an annual use permit for the
recreational keeping of three to six horses over the age of eight months on a single property.
WHEREAS, on June 25, 2013, the City Council reaffirmed its intent to remove the
requirement for an annual use permit and authorized the Mayor to send correspondence to
the County and Agency requesting consent to amend the Specific Plan.
WHEREAS, the County provided written consent to proceed with the proposed
amendment on , 2013.
WHEREAS, the Agency provided written consent to proceed with the proposed
amendment on , 2013.
WHEREAS, the Planning Commission conducted a public hearing on
2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A
notice of time, place, and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and considered
by, the Planning Commission at this meeting.
WHEREAS, on 2013, the Planning Commission adopted Resolution No.
recommending City Council adoption of Code Amendment No. CA2013- which
removes the requirement to obtain annual use permits for keeping of three to six horses.
WHEREAS, a public hearing was held by the City Council on , 2013, in the
City Council Ordinance No. 2013 -
Paqe 2 of 6
City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by, the
City Council at this meeting.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: Section 20.90.060.D is hereby amended to read as follows:
"D. Accessory Uses Permitted. Accessory uses and structures are permitted when
customarily associated with and subordinate to a principal permitted use on the same
building site including:
1. Garages and carports.
2. Swimming pools.
3. Fences and walls.
4. Patio covers.
5. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless
otherwise approved through a comprehensive sign permit or modification permit
in accordance with Chapter 20.42 and Part 5 of this title.
6. Home occupations per Section 20.48.110.
7. The keeping of the following animals for the recreational enjoyment of
persons residing on the same building site, subject to the noted restrictions:
a. Any animal if kept exclusively within the residence.
b. Horses and ponies, limited to the following (offspring exempt up to the
age of eight months):
Size of Building Site
(sq. ft.)
Maximum Number
Permitted
Less than 10,000
1
10,000 to 15,000
2
Greater than 15,000
3 to 6"
Subject to compliance with the property maintenance standards in subsection (G)
of this section.
Tmplt: 12/1512011
City Council Ordinance No. 2013 -
Page 3 of 6
c. Goats, sheep, pigs and cows only on building sites greater than fifteen
thousand (15,000) square feet in size and limited to: (i) no more than two
adult animals of any one species per building site and (ii) no more than a
total of six adult animals, including horses and ponies, per building site.
Offspring are exempt until such time as they are weaned.
d. Rabbits, chickens and ducks, limited to no more than a total of six of
such animals per building site.
e. Up to three dogs and three cats. Offspring are exempt up to the age of
four months. The keeping of four or more dogs or four or more cats over the
age of four months is also permitted subject to obtaining an animal permit
per County health regulations.
f. Minimum setbacks for the keeping of animals shall be as follows:
* Required for covered portions of structures only.
8. Granny unit, attached or detached, in conformance with Section 20.48.200,
subject to the approval of a minor use permit per Part 5 of this title.
9. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this District."
Tmplt: 12/1512011
From
Property Line
From
From Ultimate
Abutting RSF
Property Line
Street Right-
or BP
Abutting REQ
of -Way Line
Districts
District
Front
Side
Front
Side
Front
Side
All structures housi animal (e.g.,
50
20
25
25
5*
5*
corrals, pens, stalls, cage` o uses)
Exercise areas
25
10
0
0
0
0
* Required for covered portions of structures only.
8. Granny unit, attached or detached, in conformance with Section 20.48.200,
subject to the approval of a minor use permit per Part 5 of this title.
9. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this District."
Tmplt: 12/1512011
City Council Ordinance No. 2013 -
Page 4 of 6
Section 2: Section 20.90.060.G 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
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.
weme 11 i11�3i17C�iFfiaiiFl iiiil. .lifi(7i1WIR1 ■. .T�1i 1I'tR :ti , 1iTli 11
of twenty -five (25) feet from all residential structures and structures housing
animals.
e. The property owner or tenant shall allow no animal to constitute or
cause a hazard or be a menace to the health, safety, or peace of the
Tmplt: 12/1512011
City Council Ordinance No. 2013 -
Page 5 of 6
community. The property owner or tenant shall keep all animals in such
manner as may be prescribed to protect the animals from the public and the
public from the animals.
f. The property owner or tenant shall make every reasonable effort to
recapture every animal that escapes. Escapes of animals wherein the
recapture of the animal cannot be immediately accomplished shall be
reported to City Animal Control."
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that anyone or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
Section 4: This action shall become final and effective thirty days after the adoption
of this Ordinance.
Section 5: The City Council finds the approval of this ordinance is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Section 1506(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City,
and the same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the day of , 2013, and adopted on _day of 2013, by the
following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
Keith D. Curry
Tmplt: 12/1512011
City Council Ordinance No. 2013 -
Page 6 of 6
r,411111r� -1n
Leilani Brown, City Clerk
APPROVED AS TO FORM,
OFFICE OF CITY ATTORNEY:
Aaron Harp, City Attorney
For the City of Newport Beach
z \
Tmplt: 12/1512011
Attachment PC 4
County and Agency Consent
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
August 20, 2413
SubmittingAgency/Deoartrnent.• County Executive Office
Acting as the Board of Supervisors and Successor Agency to the Orange County Development Agency -Adopt resolutions
concurring with City of Newport Beach's proposed changes to the City's Santa Ana Heights Specific Plan - District 2
The foiiowing is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER
Unanimous ® (1) NGUYEN: Y (2) MOORLACH: Y (3) SPITZER: Y (4) NELSON: Y (5) BATES: Y
Vote Key: Y =Yes; N =No; A= Abstain; X= Excused; B.O. =Board Order
Documents accompanying this matter:
® Resolution(s) 13 -081 - 13 -082
13 Ordinances(s)
13 Contract(s)
Item No. 22
Special Notes:
Copies sent to:
CEO —.lay Wong
8122113
9y
u�
eq r�4k$
I certify that the foregoing is a true and correct copy of the Minute Order adopted
by the Board of Supervisors, Orange County, State of California
Suran-Noyak,. Clerk of the Board
i.
Modification Memo
August 19, 2013
G
To: Susan Novak, Clerk of the Board of Supervis = ->
From: Michael B. Giancola, County Executive Offi
Subject: Revision to Legal Entity Taking Action for Item :22 on the 8/20/11-6oard
Meeting.
Explanation Legal Entity Taking Action
The Legal Entity Currently Reads: Board of Supervisors and Orange County Development Angency
The Revised Legal Enitity should read: Board of Supervisors and Successor Agency to the Orange
County Development Agency
oc: Members, Board of Supervisors
Nick Chrisos, County Counsel
Cymantha Atkinson, County Executive Office
Frank Kim, County Executive Office
M1
2genda Item
AGENDA STAFF REPORT
o r:
u ASR Control 13- 001012
MEETING DATE: 08/20/13
LEGAL ENTITY TAKING ACTION: Board of Supervisors and Orange County Development Agency
BOARD OF SUPERVISORS DISTRICT(S):
SUBMITTING AGENCY/DEPARTMENT-
DEPARTMENT CONTACT PERSON(S):
2
County Executive Office (Approved)
Jay Wong 834 -2009
Donna Grubaugh 834 -7218
SUBJECT: Proposed Santa Ana Heights Specific Plan Amendment
r
co
CEO CONCUR COUNTY COUNSEL REVIEW CLERK Ot-tHE BOARD
Concur N/A : J Discussion
3 Votes l3oiard Maiority
Budgeted: N/A Current Year Cost: N/A
Staffing Impact: No # of Positions:
Current Fiscal Year Revenue: N/A
Funding Source: N/A
Prior Board Action: N/A
Annual Cost: N/A
Sole Source: N/A
County Audit in last 3 years No
Year of Audit
RECOMMENDED ACTION(S):
Adopt the attached resolutions concurring with the City of Newport Beach's proposed changes to the
Santa Ana Heights Specific Plan.
SUMMARY:
Adoption of the resolutions would allow the City of Newport Beach to amend the Santa Ana Heights
Specific Plan eliminating the requirement for property owners or tenants that keep three to six horses
and/or ponies from obtaining an annual use permit.
BACKGROUND INFORMATION:
The City of Newport Beach (City) has submitted a request to amend the Santa Ana Heights Specific Plan
eliminating the requirement to apply for an annual use permit as it relates to the keeping of three to six
horses and /or ponies in the Residential Equestrian District (REQ).
Currently, the Santa Ana Heights Specific Plan requires a property owner or tenant in the REQ District to
obtain an annual use permit if that person keeps three to six horses and /or ponies over the age of eight
Page I
months on a single property. The Specific Plan also contains several property maintenance standards (see
Section G of Exhibit B) that apply to properties with three to six horses.
Since annexation, area residents have voiced concerns that the annual permit requirement is overly
burdensome and unnecessary to ensure code compliance. It is the City's intent to remove the use permit
requirement, but retain the property maintenance standards. The City believes that the existing limitation
on the number of horses and/or ponies and the property maintenance standards can continue to be
enforced without the issuance of an annual permit.
The September 10, 2002, Pre - Annexation Agreement (see Exhibit A) requires the City to obtain written
consent from the County and Orange County Development Agency (now Successor Agency with the
elimination of redevelopment) prior to proceeding with the proposed amendment of the Specific Plan (see
Exhibit B).
On July 18, 2013, the County Oversight Board adopted a resolution concurring with the proposed changes
Santa Ana Heights Specific Plan (see Exhibit C).
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
County Counsel and OC Community Resources
EXHIBIT(S):
A. Pre- Annexation Agreement
B. Proposed Santa Ana Heights Specific Plan Amendment
C. Oversight Board Resolution
ATTACHMENT(S):
Resolutions Concurring with Amendment
Page 2
3
RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY,
CALI FORMA CONCURRING WITH PROPOSED CHANGES
TO THE SANTA ANA HEIGHTS SPECIFIC PLAN
August 20, 2613
WHEREAS, County of Orange (the "County') adopted the Santa Ana Heights
Specific Plan (the "Specific Plan ") to regulate land use and zoning within the Santa Ana
Heights Project Area (the "Project Area "); and
WHEREAS, the City of Newport Beach (the "City'), the County and the Orange
County Development Agency (the "Agency') entered into a pre - annexation agreement
(the "Agreement") regarding certain portions of the Project Area and Specific Plan; and
WHEREAS, the Agreement requires County and Agency concurrence of any
changes to the Specific Plan; and
"M
WHEREAS, where the City has proposed certain changes to the Specific Plan;
WHEREAS, the County wishes to concur with the proposed changes.
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby:
1. Concur with the proposed changes to the Santa Ana Heights Specific Plan.
Resolution No.13 -081, Item No. 22 Page 1 of 1
Santa Ana Heights Specific Plan Changes
The foregoing was passed and adopted by the following vote of the Orange County Board of
Supervisors, on August 20, 2013, to wit:
AYES: Supervisors: JOHN M.W. MOORLACH, TODD SPITZER, JANET NGUYEN
PATRICIA BATES, SHAWN NELSON
NOES: Supervisor(s):
EXCUSED: Supervisor(s):
ABSTAINED: Supervisor(s):
2
CHAIRMAN
STATE OF CALIFORNIA
COUNTY OF ORANGE
1, SUSAN NOVAK, Clerk of the Board of Orange County, California, hereby certify that a
copy of this document has been delivered to the Chairman of the Board and that the above and
foregoing Resolution was duly and regularly adopted by the Orange County Board of Supervisors
IN WITNESS WHEREOF, I have hereto set my hand and seal.
U
SUSAN NOVAK
Clerk of the Board
County of Orange. State of California
Resolution No: 13 -081
Agenda Date: 08/20/2013
Item No: 22
certify that the Foregoing is awe and correct copy of the Resolution
adopted by the Board of Supervisors, Orange County, Stale of California
Susan Novak, Clerk of the Board of Supervisors
By:
Deputy
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE ORANGE COUNTY DEVELOPMENT AGENCY
CONCURRING WITH PROPOSED CHANGES TO THE SANTA ANA HEIGHTS
SPECIFIC PLAN
August 20, 2013
WHEREAS, County of Orange (the "County") adopted the Santa Ana Heights
Specific Plan (the "Specific Plan ") to regulate land use and zoning within the Santa Ana
Heights Project Area (the "Project Area "); and
WHEREAS, the City of Newport Beach (the "City'), the County and the Orange
County Development Agency (the "Agency ") entered into a pre - annexation agreement
(the "Agreement') regarding certain portions of the Project Area and Specific Plan; and
WHEREAS, the Agreement requires County and Agency concurrence of any
changes to the Specific Plan; and
and
WHEREAS, where the City has proposed certain changes to the Specific Plan;
WHEREAS, the Agency wishes to concur with the proposed changes; and
WHEREAS, California Health and Safety Code section 34180 requires Oversight
Board approval of certain changes to redevelopment project areas before Successor
Agency (the "Agency ") approval; and
WHEREAS, Oversight Board approval occurred on July 18, 2013.
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby:
1. Concur with the proposed changes to the Santa Ana Heights Specific Plan.
Resolution No. 13 -082, Item No. 22 Page 1 of 1
Santa Ana Heights Specific Plan Changes
The foregoing was passed and adopted by the following vote of the Orange County Board of
Supervisors, Acting as Successor Agency to the Orange County Development Agency, on August 20,
2013, to wit:
AYES: Supervisors: JOHN M.W. MOORLACH. TODD SPITZER. JANET NGUYEN
PATRICIA BATES, SHAWN NELSON
NOES: Supervisor(s):
EXCUSED: Supervisor(s):
ABSTAINED: Supervisor(s):
CHAIRMAN'~
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, SUSAN NOVAK, Clerk of the Board of Orange County, California, hereby certify that a
copy of this document has been delivered to the Chairman of the Board and that the above and
foregoing Resolution was duly and regularly adopted by the Orange County Board of
Supervisors, Acting as the Successor Agency to the Orange County Development Agency.
IN WITNESS WHEREOF, I have hereto set my hand and seal.
SU NOVAK
Clerk of the Board
County of Orange. State of California
Resolution No: 13 -082
Agenda Date: 08/20/2013
Item No: 22
I cerrify that the foregoing is a true and correct copy of the Resolution
adopted by the Board of Supervisors. Acting as the Successor Agency to the
Orange County Development Agency , Orangc County, State of California
Susan Novak. Clerk of the Board of Supervisors
By:
Deputy
Attachment PC 5
Community Meeting BMP Presentation
SANTA ANA HEIGHTS
Equestrian Community Meeting
Community Development Department
Land Use Designations
REQ- Residential Equestrian
RSF- Residential Single Family
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Best Management Practices
01 WPO
Unique Characteristics
of a Unique Community- Santa Ana Heights
By implementing BMP's, to the maximum extent
practicable, in conjunction with the keeping of
horses and ponies, we protect our environment and
preserve good neighbor relationships.
0" Dust
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Keeping of
Horses & Ponies
Regulatory Background
i Clean Water Act National Pollution Discharging
Elimination System (NPDES)
State Water Resources
Control Board
Santa Ana Regional
Water Quality Board
Santa Ana Regional H
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Water Quality BoaQt r04r
Ocean
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The Permittee
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Joint Effort of the
City & Equestrian
Communi
By continuing the community's good neighbor
practices already in place, we can work together to
ensure mandatory state standards are met and we
keep our water clean.
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Working Together for Clean Water
What the City can do....
u Construction site BMP's
o Dredging Projects
r Urban Runoff Reduction Education
What you can do...
Best Management Practices for Property Maintenance
Property Maintenance
Stalls, corrals, and wash areas should be cleaned on
a regular basis.
Manure should be removed on a daily basis to a
proper weatherproof waste container.
Property Maintenance
Store waste containers on an impervious surface
(either concrete pad or asphalt)
During rains store waste container under cover to
prevent leaching or runoff of pollutants.
Property Maintenance
Separate waste container areas with buffer strips
of vegetation or berms to filter sediments and
absorb nutrients in runoff and prevent from entering
into storm drain systems via the street gutter.
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Property Maintenance
Chemicals: Follow directions for all chemical
applications and dispose of unused chemicals at a
household hazardous waste facility.
Call OC Waste and Recycling at (714) 834 -6752
for more information. Nearest locations are
Huntington Beach and Irvine.
Refuse: Collect and dispose of
trash and debris.
Grooming
Use less -toxic alternatives for grooming. Even
biodegradable products can be harmful to marine
life and the environment.
Follow instructions on the products and clean up
spills.
Grooming
When washing horses, either allow washwater to
seep into the ground or be routed to the sanitary
sewer. Do not let washwater enter the storm drain.
Conserve water by using a spray
nozzle with an automatic shut -off.
Turn off the water when not in use.
Dust Control
Implement a program for continuous dust control.
Light water, chemical products, or organic products
may be used:
o Dusty conditions within an arena can contribute to
respiratory problems in livestock, horses and people.
Basic Cal EPA requirements include light watering or use
of hygroscopic materials.
w ArenaClear
0 ArenaKleen
I Arena Pro
`d a
•yam
A little goes a long way...
The additional benefits of implementing Best
Management Practices on properties with horses or
ponies include: a healthier
horse environment,
better conditions,
and enhancement to ° • - -� `'� <
the overall Santa Ana, -
Heights community.
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Questions?
Community Development Department
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Annexation
East and West Santa Ana Heights annexed in 2003 and
20o6, respectively
• Pre - annexation agreement
• Subject to Santa Ana Heights Specific Plan
Annual use permit carried over, but not implemented
Council Direction
Remove requirement for annual use permit
Community Development Department- Planning Division
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REQ - Residential Equestrian
0 RSF - Residential Single Family
SP -7 - Other designations
I .__; SP -7 Boundary
Manure management program
Dust control program
Proper food storage
Combustible material storage
Animal care and control
Setbacks
NBMC Chapter 14.36 (Water Quality)
Community Development Department- Planning Division
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Conduct a public hearing
Adopt Resolution No. (Attachment PC 1)
recommending City Council approval of Code
Amendment No. CA2013 -005
Community Development Department- Planning Division
5
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For more information contact:
Benjamin M. Zdeba
949-644 -3253
bzdebaQa newportbeachca.gov
www.newport�eachca.gov
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10/03/203.3 Community Development Department - Planning Division 7
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Size of Building Site (sq. ft.)
Less than 10,000
10,000 to 15,000
Greater than 15,000
Maximum Number Permitted
1
2
3 to 6 with use permit*
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* Use permits shall be processed in accordance with subsection (G) of this
section.
10/03/2013
Community Development Department - Planning Division
From Ultimate
From Property
From Property
Street Right -of-
Line Abutting
Line Abutting
Way Line
RSF or BP
REQ District
Districts
Front
Side
Front
Side
Front
Side
All structures housing animals
(e.g. corrals, pens, stalls,
50
20
25
25
5*
5*
cages,doghouses)
Exercise areas
25
10
0
0
0
0
*Required for covered portions of structures only
Community Development Department - Planning Division