HomeMy WebLinkAboutArea 7-Emerson Street Annexation (PA2003-149)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
October 23, 2003
TO: Planning Commission
FROM: Planning Department
Larry Lawrence, Project Manager
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 Planning Commission recommend that 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:
Conduct the public hearing and adopt Resolution No. 2003- recommending City
Council approval, modification, or disapproval of the General Plan and prezoning
amendments described in this report.
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 (SOI)
amendment to realign the SOI boundaries between Newport Beach and Costa Mesa. 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.
Area 7 and Emerson Prezoning/GPA
October 23, 2003
Page 2
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Area 7 and Emerson PrezoninglGPA
October 23, 2003
Page 3
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 of 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:
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.
6. The Santa Ana Country Club.
Major roadways in Area 7 include:
• Irvine Avenue
• Mesa Drive
• Newport Boulevard
• Santa Ana Avenue
• University Drive
Area 7 and Emerson Prezoning/GPA
October 23, 2003
Page 4
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 Beach
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 ".
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Area 7 and Emerson Prezoning /GPA
October 23, 2003
Page 5
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Area 7 and Emerson Prezoning/GPA
October 23, 2003
Page 6
D. Area 7 Prezoning
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:
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Area 7 and Emerson Prezoning /GPA
October 23, 2003
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 R -4 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 CITYsMULTIFAMILY
ZONES
Standard
County R -2.
County 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
28132
The above table shows that the new City RMD district is generally comparable
to the County R -4 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
October 23, 2003
Page S
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 1du /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.
1 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 -13-5
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
October 23, 2003
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 Planning Commission 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 i n 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:
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The draft revised Specific Plan text has been distributed to the Planning Commission 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 i n 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 Prezoning/GPA
October 23, 2003
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
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Area 7 and Emerson Prezoning /GPA
October 23, 2003
Page 11
4. W: 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:
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).
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).
Area 7 and Emerson Prezoning /GPA
October 23, 2003
Page 12
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
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.
Area 7 and Emerson Prezoning /GPA
October 23, 2003
Page 13
B. Emerson Area General Plan Desianation
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 Prezonina
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 staff's responses. The responses have been
incorporated into a revised IS /ND:
Comments from Local Aaencv 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).
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."
Area 7 and Emerson PrezoninglGPA
October 23, 2003
Page 14
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 des 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 -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 ..."
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
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.
Area 7 and Emerson Prezoning/GPA
October 23, 2003
Page 15
Safety on the Ground — The AELUP states that, 'The Commission
has not adopted Accident Potential Zones for this airport [JWAj
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.
Safety 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 [California 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 (JWA1:
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
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
Area 7 and Emerson Prezoning/GPA
October 23, 2003
Page 16
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 Planning Commission is being requested to make recommendations to the City Council
as follows 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. Prezonina 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 CPA'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 be a 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
October 23, 2003
Page 17
Submitted by:
Prepared by:
SHARON Z. WOOD
LARRY N. LAWRENCE
Assistant City Manager
Project Manager
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Attachments:
Resolution 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
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 Heights Specific Plan by
Reference
ZA-4:
Emerson Area Prezoning
ND -1:
Negative Declaration for Area 7
ND -2:
Negative Declaration for Emerson Area
Comments from Other Agencies:
• Letter from Local Agency Formation Commission
• Letter from Airport Land Use Commission
• Letter from John Wayne Airport
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY
COUNCIL APPROVAL OF GENERAL PLAN AND ZONING
AMENDMENTS AND OTHER ACTIONS PRECEDENT TO
THE ANNEXATION OF "AREA 7" AND THE EMERSON AREA
TO THE CITY
[GP 2003- 0051CA 2003 -006 and GP 2003- 0061CA 2003 -007]
WHEREAS, 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
a city; 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, the California Government Code requires zoning to be consistent
with a city's General Plan designations on property; 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
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WHEREAS, on October 23, 2003, the Planning Commission 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 public hearing.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the
City of Newport Beach makes the following findings and recommendations:
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, attached hereto as Exhibits ND -1 and ND -2, and
all comments received during the public review process, the Planning
Commission recommends the City Council approve the Negative
Declarations, reflecting the independent judgment of the City of Newport
Beach, and determine that the projects will not have a significant impact
upon the environment. 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 Planning Commission 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 Planning Commission 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 Commission recommends
that the projects not be required to pay Fish and Game Department filing
fees.
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2. GP 2003 -005: Area 7. The Planning Commission 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 Planning Commission recommends that
the City Council approve GP 2003 -005, consisting of the following:
(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 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 Planning Commission 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
3
hD
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 Planning Commission recommends that
the City Council approve 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.
(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.
4. CA 2003 -006: Area 7. The Planning Commission 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 Speck Plan, a component of the
zoning amendment, closely follows the provisions of the current County
4
A
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.
d. The amendment will not adversely affect the public health, safety and
welfare.
In light of the preceding findings, the Planning Commission recommends that
the City Council approve 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.
5. CA 2003 -007: Emerson Area. The Planning Commission 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
E
Vl-
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 Planning Commission recommends that
the City Council approve CA 2003 -007, consisting of the following:
(1) Amendment to the applicable zoning Districting Map, adding the
Emerson Area and zoning the land therein as shown on Exhibit ZA-4
attached hereto.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
recommend that the City Council stipulate that the approval of the amendments set forth
in this Resolution shall become effective only if the annexations described herein are
approved by the Orange County Local Agency Formation Commission.
ADOPTED this 23`d day of October, 2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
BY
..., Chairman
BY
..., Secretary
T
A3
EXHIBIT GP -1
A�
EXHIBIT GP -2:
ADDITION OF AREA 7 TO STATISTICAL AREA J6 OF YHE LAND USE ELEMENT TEXT
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'infiil' 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 JS
Residential (in du' s) Commercial (in sq.ft.)
Existing Gen. Plan Projected Existing Gen. Plan Projected
1/1/87 Projection Growth 1/1187 Projection Growth
1. Irvine Avenue no changes
2. West Santa Ana Heights
and South of Mesa Drive
3. East Santa Ana Heights 442 309 (133) 351,816 1,170,205 818,389
4. Bayview no changes
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
�5
EXHIBIT GP -3
p
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/GPAI.
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 JS
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 i'Westbay Residential" no changes
through "Bay Knollsl
11. Emerson 9 9 -0- -0- -0- -0-
TOTAL 611 643 32
Population 1222 1286 64
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 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.
Provides areas for
3. Amend the residential land use regulations table in Section 20.10.020 to add
the column labeled " Igp_,, "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 letters "PIUP" 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
Mf
conditional use. Letters in parentheses in the "Additional Regulations" column refer to "Additional
Use Regulations" following the schedule. VVheno ksUena in parentheses are opposite a use
classification heading, referenced regulations shall apply to all use classifications under the
heading.
Residential Districts: Land Use
i
Regulations
UP = Use permit
PD/U = Use permit issued by the
Planning Director
L Limited (see Additional Use Regulations)
Not Permitted
Additional
Lqr oup Residential
[Residentu�l Care, Limited
Sin le-fa ily
Multifamily Residential
PUBLIC AND SEMI-PUBLIC
!y-Care, General
Government Offices
Hospitals
Park and Recreation Facilities
Public Safety FacilTe—S----- 15ENEIEUEF�PQTP]
Relipo
Residential Care, General 7[�P7-j[�:P::,Epp�7-Eu:p7-iE7u�I
[UP
Pchools,, Public and Private
IL
j[C:q—!TC.IAL USES
_�culjure, Limited
Nehicle/Equipment Sales and
Vervices
�
��
Residential Districts: Land Use
Regulations
P = Permitted
UP = Use permit i
PD /U = Use permit issued by the
Planning Director
L = Limited (see Additional Use Regulations) i
Not Permitted
t
i
R -A ,
�jip
R -1
_�
R -1.5
. _
R -2 ,MFR'
FRMAD
Additional
Re ulations J
- Commercial Parking Facility
�
I�
LL -3 ,,
L-3��L��3
J[�L--37�[L
-3 7�
Visitor Accommodations
Be d and Breakfast Inns
--
UPS
UP
SRO Residential Hotels i���---j^�---
UP
JL1AGRIC-U- LTUR AND
EXTRACTIVE _._ _ ___L,_,..__;
USES
E
E......
I
n.._iL
... 1(A)_
_
(B) _(C)
Animal husbandry
—-
-
G)
Crop Production
_.
:7�
jF
_
ACC ESSORY USES .... _L._..,
F, 7i..._...._.1E,
,ccessory Structures and Uses !
P /UP?�P/—UP•
P /UP
PAP-
/UP;�P'
/U'P
�-P/U—
TEMPORARY USES
1:71
E7=
(A), (B), (C)
Circuses and Carnivals
F
(K)
Commercal Fdming Limited
Personal Property Sales _s�
P i
P
(L)
Heliports, e mporary 7
L -5L
--
L
Real Estate Offices, Temporary
5
L 5
5
(L B) I
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.
3
Residential Districts: Property Development
... . . . .......
R-A
Regulationsil
Additional
FRI FRA-151 R-2 jj[MFR RMD]j Regulations
Minimum Site Area per Unit (sq ft)JE
17000jF1
�070J[172007E2
2,000_',,
(A),
Minimum Lot Area� (sq ft`
- Corner Lots (sq. ft.)
IL
8:7 6,1
87 12R
E57
000[—000
5,o 0
5,000
q661
5000 j
600O
5,000
6 0 OK
(A
(A)
1[MMinimum Lot Width (ft.)
(A)7
-Comer Lots (ft.) -IF
125
60
60 IE76o—
IE
_��F
(AT7
F-77
Minimum Yards:
Front (ft .)
20
j
20 jjF0
==[—
207
F
71_
20 1IF20
E _7
E==
(C), (D), (F), (H
Side (ft.)
3=4
[3;4 ]
3=4
F73;4 E[
=6[(C:)
D) (G) (H7)j
Comer Side (ft.)
34 7
34
(H)
_10
f 10 7j
F3071
E25 I
-Abutting an alley
'[Distance Between Detached Buildings . ...... — -----
_717
K). (L)
,[Maximum Floor Area Limit
Required Open Space
------ ---- -
Off Street Parking nd LoadingL
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 MFRggd=M 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]
4
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.
6. Amend Section 20.15.020 to add the column labeled 'TN ". 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
3�
'Commercial Districts: Land Use i
I Regulations
I P =Permitted
UP = Use permit
PD/U = Use permit issued by Planning Dir.
j L = Limited (See Additional Use Regulations)
Not Permitted
SC
P7
APF
APF77
RMC 11[7CN
Il
Additionai
Regulations
1[R�E�SID�!TIA
�[Pay'-Ca�e, Limited_
F-IE7
FT�
IT:7j
F-
7-7
j
_�LlqAND SEMA I�LftC
�JClubs and Lodges
UP
UP
FTP---J-1
UP
(A), (B). (q). (7D)
(P) J,
-Yacht Club,.—.,--.-,
J
P
E), (F), (P
Convalescent --FacJ1iities
• [Cyltyral Institutions IFA
Eyp -711:�PP
-qUp
E-
1§ay-qare, General
� Emergency Health Care
}roc
P l
-7
Government ,Offices
. ..... - ------
Heliports
UP
G)
Marinas
(F)
Recreation Facilities
P
i Public Safety - Facilities
UP
jp:-
UP
Religious Assembly
Residential Care, General 7
Schools, Public and Private
�
� Utilities Mayor
Utilities, Minor
F-�
1-77
L ---�j
(A�) (B)
Ambulance Services
_AiTaLsates and services
-Animal jGrooming
Animal Retail Sales
Fp:D/u-E
-7jE7--
PDIU
1Banks /Savings and Loans
With Dnve Through /Dave Up Service�
2
�5
Commercial Districts: Land Use
Regulations
UP = Use permit
PD/U = Use permit issued by Planning Dir.
L Limited (See Additional Use Regulations)
Not Permitted
Additional
Regulations
[C7��enrjg Services,
_and D!ial ing Establishments
Small Scale
LTBI�e —Out
Take-Out Service, Limited I[-PD/U
PD/U
71-
721E�7
CFoq��!ndy��verage Sales
Markets
ales and services
F 7t qha_je��, _Rental, and Sales
Marine Sales
(F)
19iices, Business and Professional
J,'-Heeljh�Fitness Clubs
7
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
RSC jif
APF
RMC
CN
Additional
Regulations
-Dry —Cleaners (Collection
Fortune Telling
LP—?F
—�P-1'
[L -3 71
177
MeasaqjjE�s6blishments
J
�
Self Service Laundries
F----7
F----7-j
F-107
E-:P71
L . ...... -i
Postal services 11
P
QT71
E7
L
Printing and Duplicating services
Research and Development Services
-F-7p
7
—
Retaii Sales
L P
L L-1
L-57117P7-1
Pharmacies and Medical Supplies
[Secondhand R!iances/Clothing
Swap Re c umnq
f Travel
T
Vehicle/Equipment Sales and Services
-'E
71,
E --- 7
-Automobile
--
- Commercial —Parking Facility
Service
(K),
Vehicle /Equipment Repair
[�Vehicle /Equipment Rentals .(Office Only)!
L-Ye �icletEc!!jiprnent Rentals J
UP 1
L-12
L -3
-�]F
-Vehicle /Equipment Sales
PD/U
_
F—YEF-le Storage —
�j�! tor Accommodations
F
-717-
L Bed and Breakfast Inns
Hotels Motels and Time Shares
Diy— Parks -'[.Up
mSRO Residential Hotels
Warehousing and Storage F- . ......
arphi Storage, Self Service
L(L)
8
Commercial Districts: Land Use
Regulations
P = Permitted
UP = Use permit
PDIU = Use permit issued by Planning Dir.
L = Limited (See Additional Use Regulations)
Not Permitted
[INDUSTRIAL
11rAPF
[RSC
J�
7MC[
Cl
Additional
L Regulations
(C), (D)
Industry, Limited ---JETE7
E=77
E7=7—
Industry, Small Scale
UP
�Iridursirry�M arine-Related
�Storage and Distribution 1L
1
PD /U
AGRICULTURAL RAL AND EXTRACTIVE USES
A), (B), (C)
Mining and Processing
ACCESSORY USES
Bu C )
ccessory Structures and Uses
P�,-P-[PIu7F!JL-
LTE�MPOR�ARY USES
E
mal Shows
Christmas Tree/Pumpkin Sales
Circuses and Carnivals
P 1
N)
Heliports, Temporaryv
L5
L-5
Outdoor Storage and Display —,Temporary
Real Estate Offices Temporary
L 5
L 5 1
Recreation and Enter,__ _ I
[Reqreat Entertainment Events
Trade _ _----7T71—F7ETP7E�—
(N—)—
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.
36
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.
L4: Use permit required if located within one thousand (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 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 20.95.030 to add the column labeled 'TN" 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 ^
3
Commercial Districts: Property Development Regulations i
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 rear yards abutting a street the setback shall be 20 feet from
the ultimate right- of-way line.
8. Amend Section 20.65.040 to add the text shown double - underlined, as
follows:
Section 20.65.040 Height Limitation Zones.
11
Y)
RSC
APF
RMC [
CN
Regu Tonal
Minim_um_Lot Width (ft.)
25
25
25
(B) -�
Corner Lots (ft)
Minimum Yards:_
E71-
717
j177�---
Front
15
O:1(Cj,
(D), (E)
Side (ft•):___. v:_. -t._:
-11771
..._ ?L..
--L
_
(D), (F), J
Abutting an R District (ft)
Rear (ft.) __
C—�-
�C
— ?�
(C), (D)
Abutting an R District
5 77F
Abutting an alley (ft.)
f107
10 ,��
1--0 €
20
(C), (D) y
Bulkhead Setback
10
10 .f
10�u��
Maximum Height
(F)�
F-7-7-7--7 -
Maximum Floor Area Limit
��;.k��^;�y;
(G)
Off- Street Parking and Loading ;�
__...______..
x- --{-
-�
-
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 rear yards abutting a street the setback shall be 20 feet from
the ultimate right- of-way line.
8. Amend Section 20.65.040 to add the text shown double - underlined, as
follows:
Section 20.65.040 Height Limitation Zones.
11
Y)
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 24128 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 28132 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 anSJ Q Districts.
C. 26/35 Foot Height Limitation Zone. In the 26135 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 I= 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 32150 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, MFRRMQ 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.
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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.]
p
Page 20.44 -1
Specific Plan District #7
Santa Ana Heights
CHAPTER 20.44
SPECIFIC PLAN DISTRICT #7
SANTA ANA HEIGHTS
Sections:
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)
20.44.040 Residential Sinele Familv District: SP -7 (RSF)
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)
2044 070 Commercial Stable Overt a Drstnct: (S)
ly
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. 3D 34, 42, 61, 67, and.
B. Redevelopment Projects.
Redevelopment projects within the Santa Ana Heights Specific Plan District shall be
governed by the provisions of Chapter 15.65 of the Municipal Code.
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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 20.44 -4
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 prime 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.
L 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.
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. Buildine 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.
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
coordinated design and selection of landscape and paving materials and emphasis on
special features such.as entryways and signage. 1 scape and, ,b er
lbeme for '�ttF�svecifiE�plan area is illustrates . Guide' ,.
• NwdSCark and street
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0 1000 Feet foot in tan/left turn pocket. a streetscape for the bus nfs
area will installed h�. tvidual property owners c tic
with development of approved projects. Ongoing mainteiNice will
be the responsibility of individual property owners. I
The 10 -foot 1 caped.front setback shall be bw ' VAWeE
Residential Lanscape The e Mo ument tr n
an` lanted the c�esi Rem street tree, Tnst erta
Business Park Landscaa2:AWbof), -hone prow;lfteeSt °on ce iter. All street ' es shall
1V Buffer Zone Landscsb8ga minimum 24 -inch box size when installed. Later phases of
EXHIBIT 20.44 -2
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Page 20.4412
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 snn.
Hebe buxifolia `coed'
Pittosnorum tobira `variegata'
Ranhiolensis indica
Aeananthus snn.
Pittosporum tobira `wheeleri'
Xvlosma con¢estum
Trachelospermum iasminoides
Daylily
`Hebe'
Variegated tobira
India hawthome
Lily -of -the -Nile
Dwarf tobira
Shiny xylosma
Star jasmine
All shrubs shall be a minimum size of five gallon.
Groundcover
Hedera Helix `Hahn' English Ivy
Turf is discouraged.
b. 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 -13
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 Streetscane - 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
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, Le accent trees, shrubs, and groundcover.
• Entry monumentation.
Page 20.44 -14
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:
Cupanionsis Anacardioides Carrotwood
(multi- trunk)
Eal!jna caffra Coral tree
(multi- trunk)
Jacaranda mimosifolia Jacaranda
(multi- trunk)
All accent trees shall be a minimum 24 -inch box size.
UOTt�.
Hemerocallis Mp.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosporum tobira `variegate'
Variegated tobira
RWhiolepsis indica
India hawthome
Bougainvillea svv.
Bougainvillea
Agapanthus spp.
Lily -of -the -Nile
Abelia grandiflora
Glossy abelia
Photinia fraseri
Photinia
Pittosporum tobira `wheeleri'
Dwarf tobira
Xvlosma congestum
Shiny xylosma
Trachelospermum jasminoides
Star jasmine
Dodonea viscosa `pumurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
Groundcover:
Hedera Helix `Hahn' English Ivy
Gazania spp. Gazania
Entry Monumentation. Building materials to be used for
entry monumentation include the following:
• textured concrete
• wood
• stone
• masonry
• brick
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Page 20.44 -15
Specific Plan District #7
Santa Ana Heights
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
Cajeput tree
Jacaranda mimosifolia
Jacaranda
(multi - trunk)
Variegated tobira
Liouidambar styraciflua
American sweet gum
Callistemon citrinus
Lemon bottlebrush
All accent trees shall be a minimum 24 -inch box size.
Shrubs:
Hemerocallis sno.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosnorum tobira `variegata'
Variegated tobira
Ranhiolgpsis indica
India hawthome
Bougainvillea snn.
Bougainvillea
Aeapanthus spy.
Lily -of -the -Nile
Abelia grandiflora
Glossy abelia
Photinia fraseri
Photinia
Pittosoorum tobira `wheeleri'
Dwarf tobira
Xvlosma coneestum
Shiny xylosma
Trachelospermum jasminoides
Star jasmine
Dodonea viscosa `pumurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
Groundcover:
Hedera Helix `Hahn'
Gazania sm).
Page 20.44 -16
Specific Plan District #7
Santa Ana Heights
English Ivy
Gazania
3. Buffer Design. Along all property lines where nonresidential uses abut
residential uses, a te�fo t 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
Podocamus gracilor
Cypress leylandii
Cuvaniovsis anacardioides
Pittosporum undulatum
Pinus halenensis
Canary Island pine
Fern 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 Goundcover. [clarified from County draft]
Shrubs:
Hemerocallis W.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosporum tobira `variegata'
Variegated tobira
Raphiolepsis indica
India hawthome
Bougainvillea sin.
Bougainvillea
Agananthus spy
Lily -of -the -Nile
Abelia grandiflora
Glossy abelia
Photinia fraseri
Photinia
Pittosvonrm tobira `wheeleri'
Dwarf tobira
Xvlosma congestum
Shiny xylosma
Trachelospermum iasminoides
Star jasmine
Dodonea viscosa `purpurea'
Hop seed bush
All shrubs shall be a minimum size of five gallon.
3
Page 20.44 -17
Specific Plan District k7
Santa Ana Heights
Groundcover:
Gazania spp. Gazania
Hedera Helix `Hahn' English Ivy
Heavy planting is recommended to screen views.
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 quinauenervia Cajeput tree
Pinus canariensis Canary Island pine
Eucalyptus sideroxvlon Red iron bark
Eucalyptus ficifolia Red - flowering gum
CCu aniopsis anacardiodes Carrotwood tree
Shrubs:
Hemerocallis sip.
Daylily
Hebe buxifolia `coed'
Hebe
Pittosporum tobira `variegata'
Variegated tobira
Raphiolensis indica
India hawthome
Bougainvillea spp.
Bougainvillea
Agavanthus spp.
Lily -of -the -Nile
Abelia grandiflora
Glossy abelia
Photinia fraseri
Photinia
Pittosporum tobira `wheeleri'
Dwarf tobira
Xylosma con eg stum
Shiny xylosma
Trachelospermum iasminoides
Star jasmine
Dodonea viscosa `purpurea'_
Hop seed bush
All shrubs shall be a minimum size of five gallon.
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Specific Plan District #7
Santa Ana Heights
Groundcover:
Gazania sun. Gazania
Hedera Helix `Hahn' English Ivy
5. Hardscape and Street Furniture Desim
Hardscape and street fiu- niture 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. Project 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 97
Santa Ana Heights
C. Lialiting 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 Hardsege.
• 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.
Page 20.44 -23
Specific Plan District #7
Santa Ana Heights
20.44.025 Land Use Regulations
A. Land Use Designations. 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 (liKl.
4. Residential Single Family District: SP -7 (RSF).
5. Residential Multiple Family District: SP -7 (RMF%
6. Horticultural Nursery District• SP -7 (HNl
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: (Nl.
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.
B. Special Symbols. The following special symbols are hereby established for the
Santa Ana Heights Specific Plan Land Use Map (Exhibit 20.44 -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.
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:
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.
Page 20.44 -24
Specific Plan District #7
Santa Ana Heights
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.
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
Page 20.44 -25
Specific Plan District #7
Santa Ana Heights
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.
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.
1. 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.
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.
Page 20.44 -26
Specific Plan District 47
Santa Ana Heights
D. Prohibited Uses. The following uses are specifically prohibited:
1. All uses not listed in this Section as permitted.
E. Site Development Standards.
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.
B. Princinal 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.
The following principal uses are permitted subject to the approval of a use
permit by the Planning Commission per Chapter 20.91:
Page 20.4427
Specific Plan District #7
Santa Ana Heights
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:
1. 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 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):
Page 20.4428
Specific Plan District #7
Santa Ana Heights
Will
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Less than 10,000
1
10,000 to 15,000
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Greater than 15,000
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*Use permits shall be processed in
accordance with Paragraph G of this
Section.
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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.
f. Minimum setbacks for the keeping of animals shall be as follows:
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Exercise areas
*Required for covered portions of structures only
8. Granny unit, attached or detached, in conformance with Chapter 20.85,
subject to the approval of a use permit by the Planning Commission.
9. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this District.
Page 20.44 -29
Specific Plan District #7
Santa Ana Heights
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. 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.
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.
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.
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
Page 20.44 -30
Specific Plan District #7
Santa Ana Heights
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
I 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.
Permit Reeulations. 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.
Page 20.44 -31
Specific Plan District #7
Santa Ana Heights
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. Dumnster Re ations. 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.
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.
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:
Page 20.44 -32
Specific Plan District #7
Santa Ana Heights
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.
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.
Page 20.44 -33
Specific Plan District #7
Santa Ana Heights
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. 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. Apiaries.
4. The keeping of animals, except dogs and cats, other than in the residence.
F. Site Development Standards.
1. Building Site Area. 8,000 square feet minimum.
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:
Page 20.44 -34
Specific Plan District 97
Santa Ana Heights
(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. Li tin . All lighting shall be designed and located so that direct light rays
are confined to the premises.
G. Suecial Regulations.
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:
a. The proposed change does not increase the overall size of the facility
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 Noise
Page 20.44 -35
Specific Plan District #7
Santa Ana Heights
Control). The report shall be prepared by a City- approved acoustical
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. Princinal 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).
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.
Page 20.44 -36
Specific Plan District #7
Santa Ana Heights
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:
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 maybe 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.
Page 20.44 -37
Specific Plan District #7
Santa Ana Heights
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 the approval of a use permit by the Planning Commission.
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.
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.
Page 20.44 -38
Specific Plan District #7
Santa Ana Heights
I - I,e . t EKE gE, AJ i is , is a B ssn a 1a ief
A. Pumose and Intent. The RAE District is established to provide for the development
and maintenance of high - density multi- family detached 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.
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:
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:
Continued use of an existing building during construction of a new
building.
Mobile home residence during construction.
Page 20.44 -39
Specific Plan District #7
Santa Ana Heights
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. 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.
8. Granny unit, attached or detached, in conformance with Chapter 20.85,
subject to the approval of a use permit by the Planning Commission.
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.
F. Site Development Standards.
1. Building Site Area. 7,200 square feet minimum.
2. Building g eight. 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.
Page 20.4440
Specific Plan District #7
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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.
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.
1. The following principal use is permitted:
a. Wholesale plant nurseries.
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. Temnorary 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:
1. Detached buildings.
2. Fences and walls.
Page 20.44 -41
Specific Plan District #7
Santa Ana Heights
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:
1. All uses not listed in this Section as permitted.
2. Retail nurseries.
3. The commercial stockpiling or processing of manure.
F. Site Development Standards.
1. Building Site Area. 28,000 square feet minimum.
2. Building Site Width. 70 feet minimum
3. Building g eight. 35 feet maximum.
4. Building Setbacks.
a. Front setback: 20 feet minimum.
b. Side setback: 5 feet minimum.
c. Rear setback: 25 feet minimum.
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.
20.44.045 General Commercial District: SP -7 (GC)
A. Pumose and hltent. 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.
Page 20.44 -42
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. 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.
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.
It. 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.
Page 20.44 -43
Specific Plan District #7
Santa Ana Heights
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. The following signs shall be permitted, subject to the restrictions
specified and the provisions of Chapter 20.67:
a. Wall Signs — 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.
Larger Monument/Ground Signs — A business or identification sign,
including the foundation, measuring more than 50 square feet in area
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.
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.
Page 20.44 -44
Specific Plan District #7
Santa Ana Heights
• 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.
g. Other Sims — Except for signs specifically prohibited below, any
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 flashing/blinking signs.
• Rotating signs.
4. Any other accessory uses or structures which the Planning Director finds
consistent with the purpose and intent of this district.
Page 20.4445
Specific Plan District #7
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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.
1. 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.
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.
Page 20.4446
Specific Plan District #7
Santa Ana Heights
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, file or
similar type of solid masonry material a minimum of 4 inches
thick.
(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
Page 20.4447
Specific Plan District V
Santa Ana Heights
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.
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.
It. Message, mail and delivery services.
i. Medical and dental offices.
j. Retail businesses.
k. Service businesses.
Page 20.44 -48
Specific Plan District #7
Santa Ana Heights
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.
1. 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
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.
Page 20.4449
Specific Plan District #7
Santa Ana Heights
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.
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.
Page 20.4450
Specific Plan District #7
Santa Ana Heights
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.
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.
Page 20.44 -51
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. 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. Buildine 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.
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
Page 20.44 -52
Specific Plan District #7
Santa Ana Heights
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.
(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 Equipment. 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
Page 20.4453
Specific Plan District #7
Santa Ana Heights
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 61/2 feet of permanent window
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.
Page 20.44 -54
Specific Plan District #7
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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 3V2 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. Signs. 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
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
Page 20.44 -55
Specific Plan District V
Santa Ana Heights
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
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. Princival 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. 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.
Page 20.44 -56
Specific Plan District #7
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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.
1. Uses per Section 20.60.020, to include:
a. Detached buildings.
b. Fences and walls.
2. Signs per Chapter 20.67.
3. Accessory uses and 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. Adult entertainment businesses and adult- oriented businesses.
2. All uses not listed in this Section as permitted.
F. 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.
Page 20.44 -57
Specific Plan District #7
Santa Ana Heights
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
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. Landscauing. 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.
Page 20.44 -58
Specific Plan District #7
Santa Ana Heights
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).
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.
1. 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.
Page 20.44 -59
Specific Plan District 47
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. 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.
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.
Vehicular Access. Vehicular access shall be South Bristol Street.
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. Pumose and Intent. The purpose of this district is to provide a method whereby land
may be developed utilizing design features which take advantage of modem 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
Page 20.44 -60
Specific Plan District #7
Santa Ana Heights
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 Subject 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:
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.
Page 20.44 -61
Specific Plan District #7
Santa Ana Heights
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.
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. Building 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
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.
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
Page 20.44 -62
Specific Plan District #7
Santa Ana Heights
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
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.
Page 20.44 -63
Specific Plan District #7
Santa Ana Heights
Wholesale commercial nurseries are permitted in areas designed with an (N)
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.
• Imnrovement 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.
• Imnrovement 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
Page 20.44 -64
Specific Plan District #7
Santa Ana Heights
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.
• 1pVrovement 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.
• 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
Page 20.44 -65
Specific Plan District #7
Santa Ana Heights
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.
• 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.
Page 20.44 -66
Specific Plan District #7
Santa Ana Heights
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.
• I_provement 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.
• 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 tnmkline
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 ttunkline 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.
Page 20.44 -67
Specific Plan District #7
Santa Ana Heights
• 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.
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.
Page 20.44 -68
Specific Plan District #7
Santa Ana Heights
Irnprovement 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.
hnprovement 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
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
Page 20.44 -69
Specific Plan District #7
Santa Ana Heights
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:
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.
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.
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.
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Page 20.44 -72
Specific Plan District 47
Santa Ana Heights
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.
EXHIBIT ZA -4
A3
EXHIBIT ND -1:
NEGATIVE DECLARATION FOR
AREA 7 ANNEXATION
M
To:
City of Newport Beach
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3200
NEGATIVE DECLARATION
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 OPRlCounty 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 Lary Lawrence, project manager for the City, at 949-661-8175.
Date: July]. 2003
Patricia L. Temple,
Planning Director
�5
CITY OF NEWPORT BEACH
INITIAL STUDY AND ENVIRONMENTAL CHECKLIST
WON
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.
46
9. Surrounding Land Uses And Setting (see map at end of document):
�i ..
-.4 ml In
To the west:
The 55 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:
The Newport Beach Golf Course and office uses in the City of Newport Beach
To the south:
Residential uses in the Cit)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 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 and multiple family residential, professional office,
horticultural nursery, the Santa Ana Country Club, and accessory equestrian and kennel uses.
The General Plan 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 provisions
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 Svstems
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 Annmfion
INITIAL STUDY
Page 2
41
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. 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. ❑
Ares 7AMembw
INnIALSTUDY
Page 3 qv
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. ❑
Signature
LARRY LAWRENCE
Printed Name
July 1, 2003
Date
Area 7An=Aon
MMAL STUDY
Page 4
ql
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.
b)
Potentially
Significant
Less than
No
❑
Significant
Unless
Significant SOURCES"
IMPACT CATEGORY
Impact
Mitigation
Impact
- - -- -- - --
�.- _.....
. Incorporated
- -- - - - - - --
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?
❑
❑
0
b)
Substantially damage scenic resources,
❑
❑
❑
El
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
❑
❑
❑
0
1,3,4,5,6
character or quality of the site and its
surroundings?
d)
Create a new Source of substantial
❑
❑
❑
0
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,
❑
❑
❑
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 ❑ ❑ ❑ 0 1,3,4,5,6
use, or a Williamson Act contract?
Area 7 Annamfim
INITIAL. STUDY
Page 5
5t
vownaany
Potentially Significant Less than No
Significant Unless Significant Impact SOURCES'
IMPACT CATEGORY Impact Mitigation Impact ' See Source References at the end of this Checklist.
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?
n
U
07
■ �I
❑ D
❑ 0
J
07
RE
n
1,3,4,5,6
1,3,4,9,10,11
1,3,4,9,10,11
1,3,4,9,10,11
1,3,4,9,10,11
1,3,4,9,10,11
1,3,4,11
1,3,4,11
Area 7 Annexation
INITIAL STUDY
Page 6
51
❑
❑
0
J
07
RE
n
1,3,4,5,6
1,3,4,9,10,11
1,3,4,9,10,11
1,3,4,9,10,11
1,3,4,9,10,11
1,3,4,9,10,11
1,3,4,11
1,3,4,11
Area 7 Annexation
INITIAL STUDY
Page 6
51
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?
votenaany
p
Potentially Significant
Less than No
Significant Unless
Significant Impact SOURCES*
Impact Mitigation
Impact
Incorporated
1,3,4,11
See Source References at the end of this Checklist.
11 ❑
❑ Iz 1,3,4,11
11 0 El ® 1,34,11
p
p
❑
p
1,34,11
❑
❑
❑
0
1,3,4,11
0
0
0
1,3,4,11
0
0
0
1,3,4,11
0
0
❑
®
1,3,4,11
❑
❑
0
1,3,4,11
Area 7 Annocafim
INITIAL STUDY
Page 7
5a
Potentially Significant Less than
Significant Unless Significant pact 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.
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?
❑ ❑ ❑ 0 1,3,4,11
❑
❑
❑
0
1,3,4,11
❑
❑
❑
0
1,3,4,11
❑
❑
❑
0
1,3,4,7,11
❑
❑
❑
0
1,3,4,7,11
❑
❑
❑
0
1,3,4,7,11
❑ ❑ ❑ 0 1,3,4,11
❑ ❑ ❑ 0 n/a
❑ ❑ ❑ 0 2,3,4,5,6,11
Area 7 Annexation
INMAL STUDY
Page 8
5�
votenuany
Potentially Significant Less than
Significant Unless Significant pact SOURCES*
IMPACT CATEGORY Impact Mitigation Impact
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?
VIII. HYDROLOGY AND WATER QUALITY.
Would the project:
a) Violate any water quality standards or waste
discharge requirements?
❑ ❑ ❑ 0 2,3,4,5,6,11
❑ ❑ ❑ 0 2,3,4,5,6,1 1,V
❑ ❑ ❑ 0 n/a
❑ ❑ ❑ a 2,3,4,5,6,11
❑ ❑ ❑ 0 2,3,4,5,6,11
❑ ❑ ❑ 0 3,4,11
Area 7 Annexation
INITIAL STUDY
Page 9
64
* See Source References at the end of this Checklist.
❑
❑
❑
0 2,3,4,5,6,11
❑
❑
❑
0 2,3,4,5,6,11
❑ ❑ ❑ 0 2,3,4,5,6,11
❑ ❑ ❑ 0 2,3,4,5,6,1 1,V
❑ ❑ ❑ 0 n/a
❑ ❑ ❑ a 2,3,4,5,6,11
❑ ❑ ❑ 0 2,3,4,5,6,11
❑ ❑ ❑ 0 3,4,11
Area 7 Annexation
INITIAL STUDY
Page 9
64
IMPACT CATEGORY
b) Substantially deplete groundwater supplies
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
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
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?
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?
votenna y
Potentially Significant Less than No
Significant Unless Significant Impact SOURCES*
Impact Mitigation Impact
See Source References at the end of this Checklist.
❑ ❑ ❑ 10 3,4,11
❑ ❑ ❑ IZ 3,4,11
❑ ❑ ❑ B 3,4,11
❑ ❑ ❑ 0 3,4,11
❑
❑
❑
a
3,4,11
❑
❑
❑
El
3,4,11
❑
❑
❑
®
3,4,11
❑
❑
❑
3,4,11
j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ El 3,4,11
Area 7 Annexation
IIdr11AL STUDY
Page 10
55
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.
IX. 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 existino without the oroiect?
❑ ❑ ❑ 0 1,2,3,4,5,6,11
❑ ❑ 0 ❑ 1,2,3,4,5,6,11,
12.1a
❑ ❑ ❑
1,2,3,4,5,6,11
❑
❑
❑
0
1,3,4,11
❑
❑
❑
0
1,3,4,11
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ D
❑ D
1,2,3,4,8,11,
1,2,3,4,8,11
1,2,3,4,8,11,
12.13
1,2,3,4,8,11,
Area 7 Annexation
INMAL STUDY
Page 11
5�
Potentially
Potentially Significant Less than
Significant Unless Significant Impact SOURCES`
IMPACT CATEGORY Impact Mitigation Impact
Incorporated----- ------- .- . ----- _________
- .- .- ._- .- _. -____- — — . See Source References at the end of this Checklist
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
12.13
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?
XIL
POPULATION AND HOUSING.
Would the project
a)
Induce substantial population growth in an
❑
❑
❑ 0 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?
❑
❑
0 ❑ 2,3,4,11
Police protection?
❑
❑
0 ❑ 2,3,4,11
Parks?
❑
❑
❑ 0 2,3,4,11
Area 7 Anno mion
MITIAL STUDY
Page 12
51
IMPACT CATEGORY
Schools?
Other public facilities?
XIV. RECREATION
a) Would the project increase the use of
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
facilities or require the construction of or
expansion of recreational facilities which
might have an adverse physical effect on the
environment?
XV. TRANSPORTATIONIfRAFFIC
Would the project:
a) Cause an increase in traffic which is
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
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,
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
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
Potentially Significant Less than
Significant Unless Significant pact SOURCES"
Impact Mitigation Impact
See Source References at the end of this Checklist.
❑ ® 2,3,4,11
❑ ❑ ❑ 2,3,4,11
0 ❑ ❑ EI 2,3,4,6
❑ ❑ ❑ IZ 1,2,3,4,6
❑ ❑ 11 0 2,3,4,6
❑ ❑ ❑ 0 2,3,4,6
0 ❑ ❑ EI 2,3,4,6,11
❑ ❑ 0 2,3,4,6
❑
❑
I]
0
2,3,4,6
❑
❑
❑
0
2,3,4,5,6
Area 7 Annexation
INITIAL STUDY
Page 13
5�
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
2,3,4,6
Significant
Unless
Significant
pact
SOURCES*
Impact
Mitigation
Impact
Incor orated
See Source References
at the end of this Checklist.
❑
❑
❑
0
2,3,4,6
❑
❑
❑
0
2,3,4,6
❑
❑
❑
0
2,3,4,6
❑ ❑ ❑ 1 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 Annexation
NMAL STUDY
Page 14
51
IMPACT CATEGORY
XVII. MANDATORY FINDINGS OF
SIGNIFICANCE.
Potentially Significant Less than
Significant Unless Significant pact SOURCES'
Impact Mitigation Impact
' See Source References at the end of this Checklist.
a) Does the project have the potential to ❑ ❑ ❑ 0 1 -13
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 ❑ ❑ ❑ 1 -13
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 ❑ ❑ ❑ 0 1 -13
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. f
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
o
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 Specific 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. Airport Environs Land Use Plan (AELUPI. Airport Land Use Commission. December 12001.
13. Califomia Airport Land Use Plannina Handbook Caltrans Division of Aeronautics. lanuary
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 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 Annexation
INITIAL STUDY
Page 16
\D
• HAZARDS AND HAZARDOUS MATERIALS:
Safety on the Ground:
Safety Aloft:
• LAND USE AND PLANNING:
General Plan and Prezoninp:
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:
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
17
• NOISE:
• PUBLIC SERVICES:
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 7AnnawAm
INITIAL STUDY
Page 18
U3
MAP OF ANNEXATION AREA
01".1
ruaaw CM r4q 6,,dy (C nv
Area 7 Annexation
INITIAL STUDY
Page 19
EXHIBIT ND -2:
NEGATIVE DECLARATION FOR
EMERSON AREA ANNEXATION
�5
EXHIBIT ND -2:
NEGATIVE DECLARATION FOR
EMERSON AREA ANNEXATION
66
To:
City of Newport Beach
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3200
NEGATIVE DECLARATION
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 19 to August 18, 2003
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 21 st 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
61
CITY OF NEWPORT BEACH
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 21St
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
8. 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):
Lit �iG,.-- .�—_x u�.• .� tea.
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 is
provided by the Orange County Sanitation Districts. Water facilities and service are provided by the
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 ANmexa m
INMAL STUDY
Page 2 L
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. El
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. ❑
Signature
LARRY LAWRENCE
Printed Name
July 10, 2003
Date
Emerson Annexation
INMAL STUDY n
Page 3 It
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.
IMPACT CATEGORY
Potentially
Significant
Impact
_—
Significant
Unless
Mitigation
Incorporated-------------
Less than
Significant
Impact
No SOURCES"
---- - - - --
— — -- — --- - -- --
* 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,
❑
❑
❑
0 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
❑
❑
❑
0 1,3,4,5,6
character or quality of the site and its
surroundings?
d) Create a new source of substantial light or ❑ ❑ ❑ 0 1,3,4,5,6
glare which would adversely affect day or
nighttime views in the area?
11. 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 ❑ ❑ ❑ 0 1,3,4,5,6
use, or a Williamson Act contract?
Emerson Ammatim
INITIAL STUDY
Page 4 t
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?
vocenaany
Potentially Significant Less than
Significant Unless Significant No
act SOURCES*
Impact Mitigation Impact
See Source References at the end of this Checklist.
❑ ❑ ❑ 0 1,3,4,5,6
❑
❑
❑
0
1,3,4,9,10
❑
❑
❑
0
1,3,4,9,10
❑
❑
❑
0
1,3,4,9,10
❑
❑
❑
0
1,3,4,9,10
❑
❑
❑
0
1,3,4,9,10
❑ ❑ ❑ 0 1,3,4
❑ ❑ ❑ 0 1,3,4
Emerson A mexahm
INITIAL STUDY
Page 5 t�a
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?
❑ ❑ ❑ 0 1,3,4
❑
rocenaany
Potentially
Significant Less than
Significant
Unless Significant pact SOURCES'
Impact
Mitigation Impact
0
Incorporated _.-.-._----_.-.___-._—.—_--._--_--
* See Source References at the end of this Checklist.
❑
❑ ❑ 0 1,3,4
❑ ❑ ❑ 0 1,3,4
❑
❑
❑
0
1,3,4
❑
❑
❑
0
1,3,4
❑
❑
❑
CJ(
1,3,4
❑
❑
❑
a
1,3,4
❑
❑
❑
a
1,3,4
❑
❑
❑
IZ
1,3,4
Emerson Annexation
INITIAL STUDY
Page 6n
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.
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 -13 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
intn tho onvirnnmant7
❑ ❑ ❑ 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
❑ ❑ ❑ 0 nla
❑
❑
❑
0
2,3,45,6
❑
❑
❑
0
2,3,4,5,6
Emerson Aimexation
INITIAL STUDY [
Page 7 `l
IMPACT CATEGORY
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?
b) Substantially deplete groundwater supplies
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)?
rownnany
Potentially Significant Less than
Significant Unless Significant Pam SOURCES'
Impact Mitigation Impact
* See Source References at the end of this Checklist.
❑ ❑ ❑ 0 2,3,4,5,6
❑ ❑ ❑ 0 2,3,4,5,6
❑ ❑ ❑ 0 2,3,4,5,6
❑ ❑ ❑ 0 n/a
❑ ❑ ❑ 0 2,3,4,5,6
❑ ❑ ❑ 0 2,3,4,5,6
❑
❑
❑
0
3,4
❑
❑
❑
0
3,4
Emerson Annexation
INMAr. STUDY
Page 8 15
IMPACT CATEGORY
c) Substantially alter the existing drainage
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
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?
Potentially
❑
Potentially Significant
Significant Unless
Less than No SOURCES'
Significant
Impact Mitigation
pact
Impact
- -- ... . ... ... ........Incorporated
-- - - -- - -- - - -- ------ - - --- —
* See Source References at the end of this Checklist.
❑ ❑
❑ 0 3,4
❑ ❑ ❑ 1 0 3,4
❑ ❑ ❑ 0 3,4
❑
❑
❑
0
3,4
❑
❑
❑
0
3,4
❑
❑
❑
0
3,4
❑
❑
❑
D
3,4
❑ ❑ ❑ 0 3,4
❑ ❑ ❑ 0 1,2,3,4,5,6
Emerson Annexation
INITIAL 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 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 existing without the project?
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 pro ect area to excessive noise levels?
Potentially Significant
Significant Unless
Impact Mitigation
--- -. -. -_ _-_ -
* See Source Refe
Lessthan No Significant pact SOURCES'
Impact
rences at the end of this Checklist.
EI ❑ 1,2,3,4,5,6
❑ ❑ ❑ IZ 1,2,3,4,5,6
❑
❑
❑
0
1,3,4
❑
❑
❑
IZ
1,3,4
❑ ❑ ❑ m 1,2,3,4,8
❑
❑
❑
1,2,3,4,8
❑
❑
❑
0
1,2,3,4,8
❑
❑
❑
IZ
1,2,3,4,8
❑
❑
❑
EI
1,2,3,4,8
Emerson Annexation
❑ MAL 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?
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?
Police protection?
Parks?
Schools?
Other public facilities?
Potentially
❑
Potentially Significant
. Less than No
Significant Unless
Significant pact SOURCES*
Impact Mitigation
Impact
0
2,3,4
* See Source References at the end of this Checklist.
❑ ❑
❑ 0 n/a
❑ ❑ ❑ 0 2,3,4
❑
❑
❑
0
2,3,4
❑
❑
❑
0
2,3,4
❑
❑
0
❑
2,3,4
❑
❑
0
❑
2,3,4
❑
❑
❑
0
2,3,4
❑
❑
❑
0
2,3,4
❑
❑
0
❑
2,3,4
Emerson Amo=ion
INMAL STUDY
Page 11 �(
d)
Substantially increase hazards due to a
❑
rozenuany
❑
0 2,3,4,6
design feature (e.g., sharp curves or
Potentially
Significant
Less than No
dangerous intersections) or incompatible
Significant
Unless
Significant pact
SOURCES'
IMPACT CATEGORY
Impact
Mitigation
Impact
- - - --
- -- --- -- .- ... -. -.. - - - --
- -- -- ---
Incorporeted_.
- - -- -- - --
0 2,3,4,6
fj
Result in inadequate parking capacity?
* See Source References at the end of this Checklist.
XIV.
RECREATION
0 2,3,4,5,6
g)
Conflict with adopted policies, plans, or
❑
a)
Would the project increase the use of
❑
❑
❑ 0
2,3,4,6
existing neighborhood and regional parks or
portation (e.g., bus turnouts, bike racks)?
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b)
Does the project include recreational
❑
❑
❑ ®
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.
TRANSPORTATION/TRAFFIC
Would the project:
a)
Cause an increase in traffic which is
❑
❑
❑ 0
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
fj
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 Annexation
INITIAL STUDY
Page 12 rt
IMPACT CATEGORY
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?
votentiany
❑
Potentially Significant
Less than
Significant Unless
Significant paw SOURCES'
Impact Mitigation
Impact
-- -- -- - - ---- --Incorporated
-- --..—............... ...--------
* See Source References at the end of this Checklist.
17 ❑
❑ 0 2,3,4,6
❑ ❑ 0 2,3,4,6
0 ❑ 11 0 2,3,4,6
1-] ❑ 0 0 2,3,4,6
11 11 0 0 2,3,4,6
Emerson Annexation
INITIAL STUDY
Page 13 ��
❑
11
0
2,3,4,6
❑
0
0
2,3,4,6
Emerson Annexation
INITIAL STUDY
Page 13 ��
Potentially Significant Less than No Significant Unless Significant pact SOURCES'
IMPACT CATEGORY Impact Mitigation Impact
— -- -- ----- .- .- .- ....__ - - - - -- -- -- --- .- ... -.. - -. Inc orated -- - -- - -- - ----- - - - - --
See Source References at the end of this Checklist.
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.
A
A
RE
u
A
p
J
n
1 -10
1 -10
1 -10
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 An=anon
NRTIAL STUDY
Page 14 S1
I . 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
W MAL STMY
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
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
Emma, Am�attm
INITIAL STUDY
Page 16
ATTACHMENTS:
COMMENTS FROM OTHER AGENCIES
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August 8, 2003
Patricia L. Temple, Planning Direcior
City of No I pon Beach
3300la'mWrt Boulevard _ P,O. Box 1768
cwport Beach, CA 92658-S915
.1 ocid Agencr.Forrimaiiran Commission
R VE:D By
CITY(' gt
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AM PS�t
718t9t10 1111 12tl, 13141516
:,y
Comments on Initial Srudv,"Vet?ative Declaration — General Plan
Amendment, Pre- zoning, Sphere of Influence Amendment and Annexation
of West Santa :Arta Heights, 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 above - referenced
environmental document. As a responsible agency for the future armesation of
this area. LAFCO has reviewed the Initial Study:' iegative 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
i'vtesa. 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,
2. Portions ofthe: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 redevelopnient 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 Orange/John Wayne Airport and is overlain by
the airport's Runway Protection Zone (R.PZ). 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.
'Mis area is currently located within the Cosa Mesa Sphere of Influence.
i 2 Csvtr cee,tcr M n. kwni'3:3, Santa Anz, CA 9:70 i7i41S14-_5$'n FAX r'*ldi363.y(�.5
htip: - wwr4, oia^: i;t.lu!'C;S,CU,.}ttii
g5
August $ 2003
RE: Comments — ,'negative Declaration
Page ?
When 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
space lands.
> 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.
r Existence of any social or economic communities of inter= in the area if
the commission determines that they are relevant to the agency.
Including this area within the City'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
baidrich aorange.lafco.ca.gov, or by phone at (714) 834 -2556.
Sincerely,
Bob Aldrich
Assistant Executive Officer
1
/11" AIRPORT LAND USE COMMISSION
ORANGE COUNTY
FOR ORANGE COUNTY
__ , _"Im 3160 Airway Avenue • Costa Mesa, Califarn is 92626 - 949.252-5f7O fax: 919.252.6012
August 11, 2003
Ms. Patricia L, Temple, Planning Director
Planning Department
City of Newport Beach
3300 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 offer
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.projeet 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 Envirom Land Use Plan (AELUP ).for John Wayne Airport dated December 19, 2002, a copy
of which was provided to your department in FebruaryIofthis year. Similarly, corresponding airport -
compatible planning policies, guidelines, and criteria are presented in the Caltrans/Division of
Aeronautics California Arrport,Lr nd Use PkurningHan4fbook. The Handbook is required by
California statute (Public Resources Cale,' S�tion 2109, to be used by lead agencies as a technical
resource for CEQA clearance documents, when applicable. Also, the AELUP and the.Hw dbook
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 AELUP, prior .to project
approval by the Newport Beach City Council.
Sincerely,
Joan S, Golding
Executive Officer
cc: Larry Lawrence, Project Manager
T ,
•
w �,v
Alm t. Murphy
Airport t3irecty
3160MIi yAverwe
Cow Mesa, C4
92626 -4608
949.252.5171
949.252.5178 fax
�.ocair.cam
D /lrj+
August 11, 2003
Ms. Patricia L. Temple
Planning Director
City of Newport Beach
3340 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 hive 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 200 3-149: General Plan Amendment GP 2003 -045 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/Spbere of Influence (SOI) 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.
We arc aware of the "competing" annexatiou/S01 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 from 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 SOI
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 SO].
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 15015300 -13) indicate that the function of the
RPZ is to enhance the protection of people and property on the ground. The
It
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 SOls 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 JLVA-
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, jan L.
Airport Director
F IClostnC:
Map of JWA and.Proposed Costa Mesa and Newport Beach Annexation Area
cc; Allan Roeder, City Manager, Costa Mesa
/ Larry Lawrence, Project Manager, Newport Beach
Nil
r `4.
�II� � ; 1 � -
a