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HomeMy WebLinkAbout10 - Santa Ana Heights REQ Amendments - Letter to County of Orange11 11111 i !111111]1 . iii� 1 C, OFFICE OF THE MAYOR Mayor June 26, 2013 Keith D. Curry Mayor I'ro Tem Rush N. Hill, II Council Members Honorable Chair Shawn Nelson and Members of the Board of Supervisors Leslie J. Daigle County of Orange Nancy Gardner 333 W. Santa Ana Blvd., Room 465 Michael F. Henn P.O. Box 687 Tony Petros Santa Ana, CA 92702 -0687 Edward D. Selich RE: Proposed Amendment to the Santa Ana Heights Specific Plan Regarding Use Permits for the Keeping of Three to Six Horses in the Residential Equestrian District Honorable Chair Nelson and Supervisors, The City of Newport Beach hereby submits for your consideration a proposed ordinance amending the Santa Ana Heights Specific Plan ( "Specific Plan ") in respect to the Residential Equestrian District (REQ) and the keeping of three to six horses and /or ponies. This Specific Plan amendment is submitted to you pursuant to Newport Beach City Council Policy K -6 and Section 2.1 of the September 10, 2002 Pre - Annexation Agreement entered into between the City and the County. Currently, the Santa Ana Heights Specific Plan requires a property owner or tenant in the REQ District to obtain an annual use permit if that person keeps three to six horses and /or ponies over the age of eight months on a single property. The Specific Plan also contains several property maintenance standards that apply to properties with three to six horses. Since annexation, the residents have voiced concerns that the annual use permit requirement is overly burdensome and unnecessary to ensure code compliance. It is the City of Newport Beach's intent to remove the use permit requirement, but retain the property maintenance standards. We are confident that the existing limitation of the number of horses and /or ponies and the property maintenance standards can be enforced without the issuance of an annual use permit. Attached is a copy of the draft ordinance, as well as an administrative draft of the proposed changes in a red -lined version. City Hall o Post Office Box 1768 o Newport Beach, California 92658 -8915 www.newportbeachca.gov o (949) 644 -3004 Section 2.1 of the Pre- Annexation Agreement requires the City to receive the written consent of the County and the Development Agency (now Successor Agency) prior to proceeding with the proposed ordinance. In order to facilitate the timely processing of the proposed ordinance, the City respectfully requests written authorization to proceed by August 30, 2013. During your review we are available to answer your questions regarding the proposed ordinance. You may direct your questions to Community Development Director Kim Brandt at 949 - 644 -3226. Thank you for your consideration of the proposed ordinance. Sincerely, Keith Mayor City of Newport Beach Enclosure: Draft Ordinance Administrative Draft cc: Dave Kiff, City Manager Kimberly Brandt, Community Development Director Aaron Harp, City Attorney Mayor Keith D. Curry Mayor Pro Tem Rush N. Hill, 11 Council Members Leslie J. Daigle Nancy Gardner Michael F. Henn Tony Petros Edward. D. Selich June 26, 2013 Honorable Chair William G Successor Agency 1770 North Broadway Santa Ana, CA 92706 OFFICE OF THE MAYOR Steiner and Members of the Orange County RE: Proposed Amendment to the Santa Ana Heights Specific Plan Regarding Use Permits for the Keeping of Three to Six Horses in the Residential Equestrian District Honorable Chair Steiner and Members, The City of Newport Beach hereby submits for your consideration a proposed ordinance amending the Santa Ana Heights Specific Plan ( "Specific Plan ") in respect to the Residential Equestrian District (REQ) and the keeping of three to six horses and /or ponies. This Specific Plan amendment is submitted to you pursuant to Newport Beach City Council Policy K -6 and Section 2.1 of the September 10, 2002 Pre - Annexation Agreement entered into between the City and the County. Currently, the Santa Ana Heights Specific Plan requires a property owner or tenant in the REQ District to obtain an annual use permit if that person keeps three to six horses and /or ponies over the age of eight months on a single property. The Specific Plan also contains several property maintenance standards that apply to properties with three to six horses. Since annexation, the residents have voiced concerns that the annual use permit requirement is overly burdensome and unnecessary to ensure code compliance. It is the City of Newport Beach's intent to remove the use permit requirement, but retain the property maintenance standards. We are confident that the existing limitation of the number of horses and /or ponies and the property maintenance standards can be enforced without the issuance of an annual use permit. Attached is a copy of the draft ordinance, as well as an administrative draft of the proposed changes in a red -lined version. City Hall m Post Office Box 1768 c Newport Beach, Catifomia 92658 -8915 www.newportbeach (fa.gov o (949) 644 -3004 Section 2.1 of the Pre - Annexation Agreement requires the City to receive the written consent of the County and the Development Agency (now Successor Agency) prior to proceeding with the proposed ordinance. In order to facilitate the timely processing of the proposed ordinance, the City respectfully requests written authorization to proceed by August 30, 2013. During your review we are available to answer your questions regarding the proposed ordinance. You may direct your questions to Community Development Director Kim Brandt at 949 - 644 -3226. Thank you for your consideration of the proposed ordinance. Sincerely, Keith D. Curry Mayor City of Newport Beach Enclosure: Draft Ordinance Administrative Draft cc: Dave Kiff, City Manager Kimberly Brandt, Community Development Director Aaron Harp, City Attorney ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING ZONING CODE AMENDMENT NO. CA2013- AMENDING SECTION 20.90.060 (RESIDENTIAL EQUESTRIAN DISTRICT: SP -7 (REQ)) REMOVING ANNUAL USE PERMITS FOR THE KEEPING OF THREE TO SIX HORSES IN THE REQ (RESIDENTIAL EQUESTRIAN) DISTRICT OF THE SP -7 (SANTA ANA HEIGHTS SPECIFIC PLAN) ZONING DISTRICT (PA2013 -114). WHEREAS, on September 10, 2002, the City entered into a Pre - Annexation Agreement with the Orange County Board of Supervisors ( "County ") and the Orange County Development Agency (now Successor Agency, "Agency') that specified the terms of annexation of the area known as Santa Ana Heights to the City. Section 2.1 of this agreement requires the City to receive the written consent of the County and the Development Agency prior to proceeding with any amen\, ents to the Santa Ana Heights Specific Plan. ", WHEREAS, in July of 2003 and May of Santa Ana Heights were annexed into the City an Heights Specific Plan Area Regulations aswell as WHEREAS, the Santa Ana Heights within the REQ (Residential Equestrian) recreational keeping of three to six /horses :ast Santa Ana Heights and West ued to be subject to the Santa Ana exation Agreement. 'Plan requires a property owner or tenant to an annual use permit for the age of eight months on a single property. WHEREAS, on June - 25,'209`3; the City Council reaffirmed its intent to remove the requirement for an annualruse pemit� and authorized the Mayor to send correspondence to the County and Agency rrequesting, consent to amend the Specific Plan. WHEREAS, the County /provided written consent to proceed with the proposed amendment on _, 201`3.% WHEREAS, the Agency provided written consent to proceed with the proposed amendment on _, 2013. WHEREAS, the Planning Commission conducted a public hearing on _ 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. WHEREAS, on _, 2013, the Planning Commission adopted Resolution No. recommending City Council adoption of Code Amendment No. CA2013 -- which removes the requirement to obtain annual use permits for keeping of three to six horses. WHEREAS, a public hearing was held by the City Council on _, 2013, in the City Council Ordinance No. 2013 - Paoe 2 of 6 City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 20.90.060.D is hereby amended to read as follows: "D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site including: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. 5. Signs per Chapter 20.42A otherwise approved through a in accordance with Chapter.,20 6. Home 7. The k persons reswing on a. Any Gj xceed six square feet in area unless ,e sign permit or modification permit of this title. ° )wing animals for the recreational enjoyment of building site, subject to the noted restrictions: exclusively within the residence. b. Horses aM ponies, limited to the following (offspring exempt up to the age of eight months): Size of Building Site (sq. ft.) Maximum Number Permitted Less than 10,000 1 10,000 to 15,000 2 Greater than 15,000 3 to 6* Subject to compliance with the property maintenance standards in subsection (G) of this section. Tmplt 12/15/2011 City Council Ordinance No. 2013 - Paae 3 of 6 c. Goats, sheep, pigs and cows only on building sites greater than fifteen thousand (15,000) square feet in size and limited to: (i) no more than two adult animals of any one species per building site and (ii) no more than a total of six adult animals, including horses and ponies, per building site. Offspring are exempt until such time as they are weaned. d. Rabbits, chickens and ducks, limited to no more than a total of six of such animals per building site. e. Up to three dogs and three cats. Offspring are exempt up to the age of four months. The keeping of four or more dogs or four or more cats over the age of four months is also permitted subject to obtaining an animal permit per County health regulations. C \ f. Minimum setbacks for the e R ni g�ammafsvhall be as follows: * Required for covered portions of structures only. 8. Granny unit, attached or detached, in conformance with Section 20.48.200, subject to the approval of a minor use permit per Part 5 of this title. 9. Any other accessory use or structure -which the Planning Director finds consistent with the purpose and intent of this District." Tmplt: 12/15/2011 u From t ��,om/6:11irfl�mate Property Line From Abutting RSF Property Line Str Right- or BP Abutting REQ `t `df"Way /— Line Districts District Front Side Front Side Front Side v All structures housing animals (e.g., / 50 20 25 25 5* 5* corrals, pens, stalls, cages;dogYiouses) Exercise areas 25 10 0 0 0 0 * Required for covered portions of structures only. 8. Granny unit, attached or detached, in conformance with Section 20.48.200, subject to the approval of a minor use permit per Part 5 of this title. 9. Any other accessory use or structure -which the Planning Director finds consistent with the purpose and intent of this District." Tmplt: 12/15/2011 City Council Ordinance No. 2013 - Section 2: Section 20.90.060.G is hereby amended to read as follows: "G. Property Maintenance Standards. 1. Purpose and Intent. Within the REQ District, most lots are relatively small (less than one -half acre), narrow (sixty -six (66) feet wide), and surrounded by existing tract housing, existing retail commercial uses and proposed business park development. Due to the unique size and configuration of these lots and their close proximity to more urbanized uses, it is necessary to adopt property maintenance standards for the noncommercial keeping of horses and ponies for the purpose of ensuring compatibility with surrounding land uses. 2. The following standards shall apply to bdilding sites with three (3) to six (6) horses and /or ponies over the age of eight months,: a. The property owner or t proper manure management. the daily collection of man ru Manure shall be stored inXdc permitted to remain y coi A shall initiate and maintain a program of eproperty owner or tenant shall provide for m in and around corrals and exercise areas. ed tno ainers. In no case shall manure be ner for a period exceeding seven days b. A program of`e6ntinuous' dust control of the entire premises shall be carriedeout. A method for light watering of arenas and exercise areas shall be maintained. In li \\ f watering, chemical control of dust may be permitted. c. There sha1b'e adequate and effective control of insects and rodents and such control shall be vigorously maintained at all times. All dry grains and pellets shall be stored in rodent -proof containers (i.e., well - sealed and preferably metal containers). Hay shall be stored on a raised platform with a minimum six -inch clearance above the surrounding area. d. Combustible materials and /or solutions shall be maintained a minimum of twenty -five (25) feet from all residential structures and structures housing animals. e. The property owner or tenant shall allow no animal to constitute or cause a hazard or be a menace to the health, safety, or peace of the Tmplt 12/15/2011 City Council Ordinance No. 2013- community. The property owner or tenant shall keep all animals in such manner as may be prescribed to protect the animals from the public and the public from the animals. f. The property owner or tenant shall make every reasonable effort to recapture every animal that escapes. Escapes of animals wherein the recapture of the animal cannot be immediately accomplished shall be reported to City Animal Control." Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinan&ee, and each section, subsection, clause or phrase hereof,, irrespective of the fact tat anyone or more sections, subsections, sentences, clauses and phrases be decf red +unconstitutional. Section 4: This action shall become of this Ordinance. Section 5: The City Council fir California Environmental Quality Act will not result in a direct or Peas environment) and 15060(c)(3) (the ac CEQA Guidelines, California a Code c potential to have a significant effectfoi days after the adoption iro`v `Nf this ordinance is not subject to the pursuant to Section 1506(c)(2) (the activity e eeable indirect physical change in the a project as defined in Section 15378) of the ms, Title 14, Chapter 3, because it has no Section 6: T`4tMayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall. be published once in the official newspaper of the City, and the same shall become e*r 1 ive thirty (30) days after the date of its adoption. This Ordinance was introduce&6t a regular meeting of the City Council of the City of Newport Beach held on the _day of , 2013, and adopted on _day of _ 2013, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBE MAYOR Keith D. Curry Tmplt: 12/15/2011 ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: Aaron Harp, City Attorney For the City of Newport Beach O Tmplt: 12/15/2011 City Council Ordinance No. 2013 - Page 6 of 6 ADMINISTRATIVE DRAFT May 31, 2013 Residential Equestrian District: SP -7 (REQ) 20.90.060 Res.. tit .. ...._.. -.. .. - ..... A. Purpose and Intent. The SP -7 (RED) 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. Principal Uses Permitted. 1. The following principal uses are permitted: a. Single- family detached dwellings or single - family mobile homes (one per building site). b. Residential care facilities, small licensed. c. Parks, playgrounds, and athletic fields (noncommercial). d. Riding and hiking trails. e. Small family child care homes (see Section 20.48.070, Day Care Facilities (Adult and Child)). 2. The following principal uses are permitted subject to the approval of a minor use permit per Part 5 of this title: a. Communication transmitting, reception, or relay facilities. b. Public /private utility buildings and structures. c. Large family child care homes (see Section 20.48.070, Day Care Facilities (Adult and Child)). 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of this title: 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 of a limited term permit per Part 5 of this title: 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 including: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Patio covers. 5. Signs per Chapter 20_42. No sign shall exceed six square feet in area unless otherwise approved through a comprehensive sign permit or modification permit in accordance with Chapter 20_42 and Part 5 of this title. 6. Home occupations per Section 20.48.110. 7. The keeping of the following animals for the recreational enjoyment of persons residing on the same building site, subject to the noted restrictions: a. Any animal if kept exclusively within the residence. b. Horses and ponies, limited to the following (offspring exempt up to the age of eight months): Size of Building Site (sq.ft.) Maximum Number Permitted Less than 10,000 1 10,000 to 15,000 2 Greater than 15,000 3 to 6 sa� * Subject to compliance with the property maintenance standards in subsection (G) of this section. c. Goats, sheep, pigs and cows only on building sites greater than fifteen thousand (15,000) square feet in size and limited to: (i) no more than two adult animals of any one species per building site and (ii) no more than a total of six adult animals, including horses and ponies, per building site. Offspring are exempt until such time as they are weaned. d. Rabbits, chickens and ducks, limited to no more than a total of six of such animals per building site. e. Up to three dogs and three cats. Offspring are exempt up to the age of four months. The keeping of four or more dogs or four or more cats over the age of four months is also permitted subject to obtaining an animal permit per County health regulations. f. Minimum setbacks for the keeping of animals shall be as follows: Required for covered portions of structures only. From Ultimate From Property From Property Street Right -of- Line Abutting RSF Line Abutting REQ Way Line or BP Districts District Front Side Front Side Front Side All structures housing animals (e.g., corrals, pens, 50 20 25 25 5* 5* stalls, cages, doghouses) Exercise areas 25 10 0 0 0 0 Required for covered portions of structures only. 8. Granny unit, . attached or detached, in conformance with Section 20.48.200, subject to the approval of a minor use permit per Part 5 of this title. 9. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District. 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 except in the Commercial Stable (S) District, where applicable. 4. Commercial kennels. 5. Apiaries. 6. Aviaries. F. Site Development Standards. 1. Building Site Area. Nineteen thousand eight hundred. (19,800) square feet minimum. (Minimum site area does not apply to parcels in existence prior to October 1986.) 2. Building Height. Thirty -five (35) feet maximum. Roof - mounted mechanical equipment shall not be visible from any existing dwelling unit located three hundred (300) feet or less from the subject building site. 3. Building Setbacks. a. Front Setback. Twenty (20) feet minimum. b. Side Setback. Five feet minimum. c. Rear Setback. Twenty -five (25) feet minimum. 4. Off - Street Parking. Per Chapter 2b.40. 5. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. G. Property Maintenance Standards. 1. Purpose and Intent. Within the REQ District, most lots are relatively small (less than one - half acre), narrow (sixty -six (66) feet wide), and surrounded by existing tract housing, existing retail commercial uses and proposed business park development. Due to the unique size and configuration of these lots and their close proximity to more urbanized uses, it is necessary to adopt Property maintenance standards ;tea use peF ,," for the noncommercial keeping of horses and ponies for the purpose of ensuring compatibility with surrounding land uses. It is the FrifeFGement, d others as nesessaFy to ensure that the . latia et f4aFth below properly iFAPIeFR8Rt@d 43-2. Permit RegulatiGicir. The following standards cegulatiens shall apply to building sites with three (3) to six (6) horses and /or ponies over the age of eight months : a. The property owner or tenant shall initiate and maintain a program of proper manure management. The property owner or tenant shall provide for the daily collection of manure from in and around corrals and exercise areas. Manure shall be stored in covered containers. In no case shall manure be permitted to remain in any container for a period exceeding seven days. b. A program of continuous dust control of the entire premises shall be carried out. A method for light watering of arenas and exercise areas shall be maintained. In lieu of watering, chemical control of dust may be permitted c. There shall be adequate and effective control of insects and rodents and such control shall be vigorously maintained at all times. All dry grains and pellets shall be stored in rodent -proof containers (i.e., well - sealed and preferably metal containers). Hay shall be stored on a raised platform with a minimum six -inch clearance above the surrounding area. d. Combustible materials and /or solutions shall be maintained a minimum of twenty -five (25) feet from all residential structures and structures housing animals e. The property owner or tenant shall allow no animal to constitute or cause a hazard or be a menace to the health, safety, or peace of the community. The property owner or tenant shall keep all animals in such manner as may be prescribed to protect the animals from the public and the public from the animals. f. The property owner or tenant shall make every reasonable effort to recapture every animal that escapes. Escapes of animals wherein the recapture of the animal cannot be immediately accomplished shall be reported to City Animal Control. H. Dumpster Regulations. 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 twenty -five (25) percent 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.