HomeMy WebLinkAbout10 - Santa Ana Heights REQ AmendmentsCITY OF
°� mz NEWPORT BEACH
C9C /Fp0.N`P City Council Staff Report
Agenda Item No. 10
June 25, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, Assistant Planner
APPROVED: p,
TITLE: Initiation of an Amendment to the Santa Ana Heights Residential
Equestrian District
ABSTRACT:
The Residential Equestrian (REQ) District of the Santa Ana Heights Specific Plan
requires residents keeping three to six horses for recreational purposes to obtain an
annual use permit. Previous City Council direction was to remove the requirement for
the annual use permit; however, the appropriate steps were not taken. The proposed
amendment to the Santa Ana Heights Specific Plan has been drafted for Council's initial
review. Should Council wish to proceed with the amendment process, the appropriate
requests will be made to the County of Orange Board of Supervisors and the Orange
County Successor Agency' pursuant to Council Policy K -6 (Attachment CC 1).
RECOMMENDATION:
Authorize the Mayor to send the attached correspondence and draft ordinance to the
Orange County Board of Supervisors and Successor Agency requesting consent to
amend the Santa Ana Heights Specific Plan to delete the requirement for an annual use
permit relative to the keeping of three to six horses in the REQ (Residential Equestrian)
district.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
' The Orange County Development Agency was disbanded as part of Assembly Bill AB 1X 26 and has
been replaced in the interim by the Orange County Successor Agency.
1
Initiation of an Amendment to the SAH REO District
June 25, 2013
Page 2
DISCUSSION:
On September 10, 2002, the City of Newport Beach entered into a Pre - Annexation
Agreement with the County of Orange Board of Supervisors ( "County ") and the Orange
County Development Agency ( "Agency ") that specified the terms of annexation of Santa
Ana Heights to the City of Newport Beach. Included in the agreement is a requirement
that prior to any General Plan Amendment or Specific Plan Amendment, the City must
first seek permission to proceed with the amendment from both the County and
Agency2. East Santa Ana Heights and West Santa Ana Heights were subsequently
annexed to the City in July 2003 and May 2006, respectively.
The Santa Ana Heights Specific Plan includes zoning regulations with respect to land
use and development and includes parameters for the recreational keeping of horses
within the REQ (Residential Equestrian) and RSF (Single - Family Residential) districts
(Attachment CC 2). Additionally within the REQ district, residents wishing to keep
between three and six horses are required to obtain an annual use permit. Since the
annexations, the City has not established a procedure for issuing the annual use
permits and, consequently, no such permits have been issued.
In April 2010, Council directed staff to initiate the process to amend the Santa Ana
Heights Specific Plan to remove the annual use permit requirement. However, staff did
not send the appropriate requests to the County and Agency to obtain written consent to
proceed with the amendment process.
In response to Council's previous direction, staff has drafted an ordinance which would
amend the zoning regulations by simply removing the annual use permit requirement
while maintaining the current property maintenance standards and the maximum
number of horses allowed based on parcel sizes (Attachments CC 3 and CC 4).
Although residents will not be required to obtain an annual use permit, staff believes
these zoning standards and limitations can be enforced by the City's Code Enforcement
Division thereby preserving the quality of life in the overall community.
Staff has prepared a letter to both the County and Agency requesting consent to
proceed with the amendment (Attachment CC 5). If the County and Agency provide the
required consent, staff will schedule the draft ordinance for Planning Commission and
City Council review and action.
2 Section 2.1 of the Pre - Annexation Agreement States: `After the CITY's annexation of the Annex Area,
the CITY shall not amend its General Plan as it pertains to the Annex Area or the Specific Plan without
the prior written consent of the COUNTY and AGENCY..."
2
Initiation of an Amendment to the SAH REO District
June 25, 2013
Page 3
ENVIRONMENTAL REVIEW:
This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
IIWE0 row IJre's
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). Notice was also sent to
property owners of lots within the REQ district and those in the RSF district immediately
adjacent to the REQ.
Submitted by:
Kimberly Brand , AICP
Director
Attachments: CC 1 City Council Policy K -6
CC 2 RSF and REQ Districts Map
CC 3 Draft Ordinance
CC 4 Administrative Draft
CC 5 Letters to the County and Agency
3
4
Attachment No. CC 1
City Council Policy K -6
5
0
CHANGES TO THE SANTA ANA HEIGHTS SPECIFIC PLAN
OR TO ASPECTS OF THE GENERAL PLAN
THAT RELATE TO THE SANTA ANA HEIGHTS SPECIFIC PLAN
PURPOSE
K -6
The purpose of this Policy is to establish a process for City staff and others to follow
when staff, community groups, or residents propose a change to the Santa Ana Heights
Specific Plan. A Pre - Annexation Agreement dated September 10, 2002 between the City
and the County of Orange (its Board of Supervisors and the Orange County
Development Agency) generally directs that written consent of the County be obtained
before an amendment to the Santa Ana Heights Specific Area Plan or any changes to the
City's General Plan that relate to the Santa Ana Heights Specific Plan can become
effective.
POLICY
It is the policy of the City that this process be followed when considering any
amendment to the Santa Ana Heights Specific Plan or any amendment to the City's
General Plan that may relate to the Santa Ana Heights Specific Plan:
A. The proponent of the amendment (City staff, City Council, the Santa Ana
Heights Project Advisory Committee [PAC], or individual residents) shall
request consideration of the specific amendment in writing with a letter
addressed to the City, the PAC and to the Orange County Board of Supervisors.
B. If requested by the County, the PAC shall hold a public meeting to discuss the
proposed amendment. Following the public discussion, PAC shall conduct an .
advisory vote on the proposed amendment.
C. The County shall be requested to offer its position on the proposed amendment
in any formal, public manner that the County sees fit.
D. If approved by the County, the City Council shall consider the proposed
amendment during a regular session of the City Council. The Council's
consideration of the proposed amendment shall comply with the Newport Beach
Municipal Code and the City Charter as they relate to the adoption of ordinances
or General Plan amendments. Nothing in this Policy obligates the City Council
to approve any proposed amendment approved by PAC or the County.
1
7
K -6
E. In the Coastal Zone, no amendment to the certified Local Coastal Program shall
become effective until adopted by the California Coastal Commission, pursuant
to the provisions of the California Public Resources Code and the California
Coastal Commission Administrative Regulations.
Adopted - May 9, 2006
2
2
Attachment No. CC 2
RSF and REQ Districts Map
I
10
O�
2�
v`
IRVINE AVE
l
VIP
GP
P
*1
L
O�
)P
0 REQ -Residential Equestrian
RSF - Residential Single Family
\ SP -7 - Other designations
SP -7 Boundary
0 250 500
mmmmz= Feet
Santa Ana Heights Specific Plan (SP -7) e
REQ and RSF Land Use Designations
12
Attachment No. CC 3
Draft Ordinance
13
14
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING ZONING CODE AMENDMENT
NO. CA2013- AMENDING SECTION 20.90.060
(RESIDENTIAL EQUESTRIAN DISTRICT: SP -7 (REQ))
REMOVING ANNUAL USE PERMITS FOR THE KEEPING OF
THREE TO SIX HORSES IN THE REQ (RESIDENTIAL
EQUESTRIAN) DISTRICT OF THE SP -7 (SANTA ANA HEIGHTS
SPECIFIC PLAN) ZONING DISTRICT (PA2013 -114).
WHEREAS, on September 10, 2002, the City entered into a Pre - Annexation
Agreement with the Orange County Board of Supervisors ( "County ") and the Orange County
Development Agency (now Successor Agency, "Agency ") that specified the terms of
annexation of the area known as Santa Ana Heights to the City. Section 2.1 of this
agreement requires the City to receive the written consent of the County and the
Development Agency prior to proceeding with any amendments to the Santa Ana Heights
Specific Plan.
WHEREAS, in July of 2003 and May of 2006, East Santa Ana Heights and West
Santa Ana Heights were annexed into the City and continued to be subject to the Santa Ana
Heights Specific Plan Area Regulations as well as the Annexation Agreement.
WHEREAS, the Santa Ana Heights Specific Plan requires a property owner or tenant
within the REQ (Residential Equestrian) District to obtain an annual use permit for the
recreational keeping of three to six horses over the age of eight months on a single property.
WHEREAS, on June 25, 2013, the City Council reaffirmed its intent to remove the
requirement for an annual use permit and authorized the Mayor to send correspondence to
the County and Agency requesting consent to amend the Specific Plan.
WHEREAS, the County provided written consent to proceed with the proposed
amendment on , 2013.
WHEREAS, the Agency provided written consent to proceed with the proposed
amendment on , 2013.
WHEREAS, the Planning Commission conducted a public hearing on
2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A
notice of time, place, and purpose of the meeting was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and considered
by, the Planning Commission at this meeting.
WHEREAS, on 2013, the Planning Commission adopted Resolution No.
recommending City Council adoption of Code Amendment No. CA2013- which
removes the requirement to obtain annual use permits for keeping of three to six horses.
WHEREAS, a public hearing was held by the City Council on , 2013, in the
15
City Council Ordinance No. 2013 -
Paqe 2 of 6
City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by, the
City Council at this meeting.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: Section 20.90.060.D is hereby amended to read as follows:
"D. Accessory Uses Permitted. Accessory uses and structures are permitted when
customarily associated with and subordinate to a principal permitted use on the same
building site including:
1. Garages and carports.
2. Swimming pools.
3. Fences and walls.
4. Patio covers.
5. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless
otherwise approved through a comprehensive sign permit or modification permit
in accordance with Chapter 20.42 and Part 5 of this title.
6. Home occupations per Section 20.48.110.
7. The keeping of the following animals for the recreational enjoyment of
persons residing on the same building site, subject to the noted restrictions:
a. Any animal if kept exclusively within the residence.
b. Horses and ponies, limited to the following (offspring exempt up to the
age of eight months):
Size of Building Site
(sq. ft.)
Maximum Number
Permitted
Less than 10,000
1
10,000 to 15,000
2
Greater than 15,000
3 to 6"
Subject to compliance with the property maintenance standards in subsection (G)
of this section.
Tmplt: 12/1512011
10
City Council Ordinance No. 2013 -
Paqe 3 of 6
c. Goats, sheep, pigs and cows only on building sites greater than fifteen
thousand (15,000) square feet in size and limited to: (i) no more than two
adult animals of any one species per building site and (ii) no more than a
total of six adult animals, including horses and ponies, per building site.
Offspring are exempt until such time as they are weaned.
d. Rabbits, chickens and ducks, limited to no more than a total of six of
such animals per building site.
e. Up to three dogs and three cats. Offspring are exempt up to the age of
four months. The keeping of four or more dogs or four or more cats over the
age of four months is also permitted subject to obtaining an animal permit
per County health regulations.
f. Minimum setbacks for the keeping of animals shall be as follows:
* Required for covered portions of structures only.
8. Granny unit, attached or detached, in conformance with Section 20.48.200,
subject to the approval of a minor use permit per Part 5 of this title.
9. Any other accessory use or structure which the Planning Director finds
consistent with the purpose and intent of this District."
Tmplt: 12/1512011
17
From
Property Line
From
From Ultimate
Abutting RSF
Property Line
Street Right-
or BP
Abutting REQ
of -Way Line
Districts
District
Front
Side
Front
Side
Front
Side
All structures housing animals (e.g.,
50
20
25
25
5*
5*
corrals, pens, 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."
Tmplt: 12/1512011
17
City Council Ordinance No. 2013 -
Page4of6
Section 2: Section 20.90.060.G is hereby amended to read as follows
"G. Property Maintenance Standards.
Tmplt: 12/1512011
1. Purpose and Intent. Within the REQ District, most lots are relatively small
(less than one -half acre), narrow (sixty -six (66) feet wide), and surrounded by
existing tract housing, existing retail commercial uses and proposed business
park development. Due to the unique size and configuration of these lots and
their close proximity to more urbanized uses, it is necessary to adopt property
maintenance standards for the noncommercial keeping of horses and ponies for
the purpose of ensuring compatibility with surrounding land uses.
2. The following standards shall apply to building sites with three (3) to six (6)
horses and /or ponies over the age of eight months
a. The property owner or tenant shall initiate and maintain a program of
proper manure management. The property owner or tenant shall provide for
the daily collection of manure from in and around corrals and exercise areas.
Manure shall be stored in covered containers. In no case shall manure be
permitted to remain in any container for a period exceeding seven days.
b. A program of continuous dust control of the entire premises shall be
carried out. A method for light watering of arenas and exercise areas shall be
maintained. In lieu of watering, chemical control of dust may be permitted
c. There shall be adequate and effective control of insects and rodents and
such control shall be vigorously maintained at all times. All dry grains and
pellets shall be stored in rodent -proof containers (i.e., well - sealed and
preferably metal containers). Hay shall be stored on a raised platform with a
minimum six -inch clearance above the surrounding area.
51111111111&1mell ie,WI 11■. .T�1i1I'tR :ti , 1iTli 11
of twenty -five (25) feet from all residential structures and structures housing
animals.
e. The property owner or tenant shall allow no animal to constitute or
cause a hazard or be a menace to the health, safety, or peace of the
Wr 7
City Council Ordinance No. 2013 -
Page 5 of 6
community. The property owner or tenant shall keep all animals in such
manner as may be prescribed to protect the animals from the public and the
public from the animals.
f. The property owner or tenant shall make every reasonable effort to
recapture every animal that escapes. Escapes of animals wherein the
recapture of the animal cannot be immediately accomplished shall be
reported to City Animal Control."
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that anyone or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
Section 4: This action shall become final and effective thirty days after the adoption
of this Ordinance.
Section 5: The City Council finds the approval of this ordinance is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Section 1506(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City,
and the same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the day of , 2013, and adopted on _day of 2013, by the
following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
Keith D. Curry
Tmplt: 12/1512011
19
City Council Ordinance No. 2013 -
Page 6 of 6
r,411111r� -1n
Leilani Brown, City Clerk
APPROVED AS TO FORM,
OFFICE OF CITY ATTORNEY:
Aaron Harp, City Attorney
For the City of Newport Beach
z \
Tmplt: 12/1512011
20
Attachment No. CC 4
Administrative Draft
21
22
ADMINISTRATIVE DRAFT
May 31, 2013
20.90.060 Residential Equestrian District: SP -7 (REQ).
A. Purpose and Intent. The SP -7 (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. 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.
2_2�
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.
24
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 •°" *
* Use Pe•T"S shall be pFeGPs` Pd OR ..,., 0FEl....,.,. with Subject to comoliance 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.
215
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.
215
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.
20
4. Off - Street Parking. Per Chapter 20.40.
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 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
27
3-2 PeFFni* Regulat eRs. The following standards F^, atieRs 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
ON
screening material, i.e., block wall or wood fencing at a minimum height to completely screen the
container.
�9
so
Attachment No. CC 5
Letters to County and Agency
31
�2
June 26, 2013
Honorable Chair Shawn Nelson and Members of the Board of Supervisors
County of Orange
333 W. Santa Ana Blvd., Room 465
P.O. Box 687
Santa Ana, CA 92702 -0687
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.
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
33
direct your questions to Community Development Director Kim Brandt at 949-
644 -3226.
Thank you for your consideration of the proposed ordinance.
Sincerely,
Keith 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
34
June 26, 2013
Honorable Chair William G
Successor Agency
1770 North Broadway
Santa Ana. CA 92706
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.
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.
35
Thank you for your consideration of the proposed ordinance.
Sincerely,
Keith 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
so