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Home My WebLink About1924 - RECOMMMENDED ADOPTION OF CA2013-005 RESIDENTIAL EQUESTRIAN SAH SPECIFIC PLANRESOLUTION NO. 1924 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. 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. 2. 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. 3. 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. 4. 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. 5. The County and Agency provided written consent to proceed with the proposed amendment on August 20, 2013. 6. The Planning Commission conducted a public hearing on October 3, 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. 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 Planning Commission Resolution No. 1924 Paqe 2 of 2 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 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: Ameri, Brown, Hillgren, Kramer, Lawler, and Myers NOES: None ABSTAIN: None ABSENT: Tucker In r FA- IMI'ma MAN EF EXHIBIT A 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 witl! u, ermit' 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 20.90.060.13 G. Use PpFmit Prricpd' rAq 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 20.90.060.13 G. Use PpFmit Prricpd' rAq 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 regakea use permit for the noncommercial keeping of horses and ponies for the purpose of ensuring compatibility with surrounding land uses. It ig the intent of the G ty to pFevide for annual InSlDeGtions Of such eq F aR faGilitieS by all Part Rent author t as, inr4ud4r4g-VeGtGr-�, AR FRal GGRtFGI C...A.... ..101 Health, Ow:2t{9n FRf9FGePReRt, M ...f others as necessary to eRsur that the regulations set fAi4h bplAv., Are erly implemented. Fabil ■ ■ METMVMPLNKM� ■ owner or tenant has complied w th the FegulatiORS of the • - e :e ■ • • these • reGtGF Fe.,Pept on Of SiGh Perm t. Any person whese app! Gation fGF a use peFm t is denied or Fevek—ad Unde Plann Rg COMM SSIOR in accordance Will the roppd--req spt forth in Part 5 of th q t t1g. 1-ge peFm is 'L2. Perm t RegulatiGRS. The following standards FegulatiOR shall apply to building sites with three ■ (3) to six (6) horses and/or ponies over the age of eight months : a. The property owner or tenant shall initiate and maintain a program of proper manure management. The property owner or tenant shall provide for the daily collection of manure from in and around corrals and exercise areas. Manure shall be stored in covered containers. In no case shall manure be permitted to remain in any container for a period exceeding seven days. b. A program of continuous dust control of the entire premises shall be carried out. A method for light watering of arenas and exercise areas shall be maintained. In lieu of watering, chemical control of dust may be permitted. c. There shall be adequate and effective control of insects and rodents and such control shall be vigorously maintained at all times. All dry grains and pellets shall be stored in rodent -proof containers (i.e., well - sealed and preferably metal containers). Hay shall be stored on a raised platform with a minimum six -inch clearance above the surrounding area. d. Combustible materials and /or solutions shall be maintained a minimum of twenty -five (25) feet from all residential structures and structures housing animals. e. The property owner or tenant shall allow no animal to constitute or cause a hazard or be a menace to the health, safety, or peace of the community. The property owner or tenant shall keep all animals in such manner as may be prescribed to protect the animals from the public and the public from the animals. f. The property owner or tenant shall make every reasonable effort to recapture every animal that escapes. Escapes of animals wherein the recapture of the animal cannot be immediately accomplished shall be reported to City Animal Control.