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Home My WebLink AboutC-4523 - Amendment to the Annexation Agreement for Santa Ana HeightsORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER August 20, 2013 SuIniuin. Agency/Department: 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 following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED OTHER 0 Unanimous tr4 (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 0 Ordinances(s) 0 Contract(s) itern No. 22 Special Notes: Copies sent to: CEO — Jay Wong 8/22/13 !certify that the foregoing is a true and correct copy of thc Minute Order adopted by the Board of Supervisors, Orange County, State of California. Su an Novak, Clerk of th Board August 19, 2013 To: Susan Novak, Clerk of the Board of Sup From: Michael B. Giancola, County Executive Offi G G) v V Subject Revision to Legal Entity Taking Action for Item #22 on the 8/20/13^Board _l 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 Members, Board of Supervisors Nick Chrisos, County Counsel Cymantha Atkinson, County Executive Office Frank Kim, County Executive Office AGENDA STAFF REPORT 2genda Item 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: County Executive Office (Approved) DEPARTMENT CONTACT PERSONS): Jay Wong 834-2009 Donna Grubaugh 834-7218 ) SUBJECT: Proposed Santa Ana Heights Specific Plan Amendment CEO CONCUR Concur COUNTY COUNSEL REVIEW N/A CLERK Ok:THE BOARD ' Discussion 3 Votes Board Majority Budgeted: N/A Current Year Cost: N/A Annual Cost: N/A Staffing Impact: No # of Positions: Current Fiscal Year Revenue: N/A Funding Source: N/A Prior Board Action: 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 Ne Santa Ana Heights Specific Plan. Beach's proposed changes to the 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 1 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 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA CONCURRING WITH PROPOSED CHANGES TO THE SANTA ANA HEIGHTS SPECFIC 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 WHEREAS, where the City has proposed certain changes to the Specific Plan; and 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 Santa Ana Heights Specific Plan Changes Page 1 of 1 The foregoing was passed and adopted by the following vote of the Orange County Board of Supervisors, on August 20, 2013, to wit: AYES: NOES: EXCUSED: ABSTAINED: Supervisors: JOHN M.W. MOORLACH. TODD SPITZER, JANET NGUYEN PATRICIA BATES, SHAWN NELSON Supervisor(s): Supervisor(s): Supervisor(s): 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 IN WITNESS WHEREOF, I have hereto set my hand and seal. Resolution No: Agenda Date: Item No: 13-081 08/20/20 I 3 SUSAN NOVAK Clerk of the Board County of Orange. State of California certify that the foregoing is a true and cornet copy of the Resolution adopted by the Board of Supervisors , Orange County, State 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 SPECFIC 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 Santa Ana Heights Specific Plan Changes Page 1 of 1 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: NOES: EXCUSED: ABSTAINED: Supervisors: JOHN M.W. MOORLACH, TODD SPITZER. JANET NGUYEN PATRICIA BATES. SHAWN NELSON Supervisor(s): Supervisor(s): Supervisor(s): 7'72" CFIAIRMAN 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. Resolution No: Agenda Date: Item No: 13-082 08/20/2013 22 SUS NOVAK Clerk of the Board County of Orange, State of California 1 certify 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, Orange County, State of California Susan Novak, Clerk of the Board of Supervisors By: Deputy