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Home My WebLink About17 - Annexation of Area 7 & Emerson Street. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 January 13, 2004 TO: City Council 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 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: 1. Conduct the public hearing. 2. Adopt Resolution No. 2004- approving General Plan Amendment Nos. 2003 -005 and 2003 -006. 3. Introduce Ordinance 2004- approving Code Amendment Nos. 2003 -006 and 2003 -007 and pass to second reading on January 27, 2004. PLANNING COMMISSION REVIEW: At its November 20, 2003 meeting, the Planning Commission held a public hearing to review the project. Following testimony and discussion, the Commission voted 7 -0 to recommend that the City Council approve the GPA and prezoning amendments for both Area 7 and the Emerson Street area. 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. Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 2 -AREA 7 ANNEXATION AREA iz- • :: .. . ..:•.,:::: RUNWAY • ... .. ••:r. •.• `" �M(W4 :: .... :.... ,: f LL ................. :... AI � IEI HlS.x i3 L ..........:::i:�••. ` ..........:.•::t .:: ..:.::. ::............., ...:.....,.. •t:......: x Y• ^'�' - '�•'t'UNIVERSIYV OR ` Costa Mesa �P Detach from r Costa Mesa 19.000 0 500 1,000 1,500 2,000 Fee: Proposed Area 7 Annexation and Sphere of Influence Amendment �aa�... NB City Boundary (Current) ^• CM City Boundary (Current) �•n.+ " !-•t „; x Newport - Beach tit _ i� 4�. • • i I • Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 3 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. 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 staff's 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 off' 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: 1. 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. CJ Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 4 6. The Santa Ana Country Club. Major roadways in Area 7 include: • Irvine Avenue • Mesa Drive • Newport Boulevard • Santa Ana Avenue • University Drive 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 ". The General Plan Amendments for both Area 7 and the Emerson Area are not subject to Section 423 of the City Charter (Protection from Traffic and Density) because both GPA's are only translating existing general plan land use designations from County to City General Plan format. The GPA's have been formulated to correlate to existing land uses and land use designations. Therefore, they do not provide for any increase in density or intensity and thus will not result in increases in peak hour trips, dwelling units or square footage. • Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 5 0 : ' AREA 7 GENERAL PLAN DESIGNATIONS SINE f.EfANULYIOLfAC. 41I I j I ..I .L t r _ RECREATIOWLAND I yam` —. Jamaa =@ BWIR"134TAL OPEN SPACE .I _...t. RjGL.EFNigLY ...... DET1ClIm + `� W i.... cn. a cmwow. ADEW3rMT0 mKRawT 0 — ANNEXATION AREA Costa Mesa u Detach from Costa Mesa I._.._......t J._._. r '� RKVOCAL C �t4.. MULT-FAMILY RESIDENIIAL i_ RETAIL d SERVICE j I . COMMERCIAL ; L -..._. FANILYDETACHEDf "j 1 4 jFxiB{Ly - " -`� I�llNIVERSITY -- DR - -`' - iRESIOE AL .. '•`"'Mu MIL i . RESIDENIIAL ua li f- —rat.7 1. — - Area 7 and Emerson Prezoning /GPA January 13, 2004 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: AREA 7 PREZON/NG 1- -Santa Ana ii if Heights Spe6ifc .. i Plan RMD OS-A (Santa Ana Country Club) Wr6 L RMD R -1 -B-5 RMD RMD wo r� �J 0 0 is Area 7 and Emerson PrezoninglGPA January 13, 2004 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 CITY MULTIFAMILY ZONES Standard County R -2 Count 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 comer 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 28/32 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 January 13, 2004 Page 8 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. 3. R -1 -8 -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 1 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 0 • Area 7 and Emerson Prezoning /GPA January 13, 2004 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 City Council 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 in 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: --PACc Bristol Street g ec PA a NNIF � .:: is z �. F .i ..R :WEST R §F �a PA EA 3T ..SAt XX A ARKE GH.TS' 7R7F MW Drive: Q DSR REU -t The draft revised Specific Plan text has been distributed to the City Council 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 in 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 PrezoninglGPA January 13, 2004 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 MAP /—PACC SPECIFIC PLAN #7: SANTA ANA HEIGHTS x a GC PA i tc �c,i;:' �:�'`• ., _ RMF F '• RSF , :I l: ". ... �. - REO 07 .. — ..l`.. .. 12760 _as1 F . i PA y (s n .. N IF PA <t —,,, RFQ Y R RMF a N 42 a BP OSR RMF SR i i 6 OSR Y £ .. REQ •2 /,!' Yom.. ♦...� EXHIBIT 20.44 -1 • El Area 7 and Emerson Prezoning/GPA January 13, 2004 Page 11 4. N: Commercial Nursery Overiay 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: 1. 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). 4. 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). E. Airport Land Use Commission Review On November 20 of last year, the Airport Land Use Commission (ALUC) reviewed the proposed prezoning for Area 7. Most of the Commission's discussion centered on aircraft noise impacts, specifically on that portion of west Santa Ana Heights within the County - established 65 CNEL impact area. After discussion, the Commission requested that the following provision be inserted into the Santa Ana Heights Specific Plan: "All projects including, but not limited to, General Plan Amendments and Zone . Changes, within the project area pertinent to the Airport Land Use Commission's (ALUC) John Wayne Airport 'Airport Environs Land Use Plan' shall be referred to Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 12 ALUC until such time as the City becomes a 'Consistent Local Agency' as • defined by ALUC. For purposes of this requirement, the term 'project' shall include those applications requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, and /or condominium conversions. Such projects shall not include minor modifications, such as remodels and additions to single family dwelling units with no intensification of development." This wording has been added to the "Noise Mitigation' section of the Specific Plan, on page 20.44. 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 • • Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 13 • 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. B. Emerson Area General Plan Designation 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 Prezoning 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: Is this 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 staffs responses. The responses have been incorporated into a revised IS /ND: Comments from Local Agency 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). Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 14 C� 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." 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 does 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-PLUC1: 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 Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 15 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. Safety on the Ground — The AELUP states that, "The Commission has not adopted Accident Potential Zones for this airport [JWA] 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 WWA): 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 Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 16 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 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 City Council is being requested to take the following actions regarding the two annexation areas: 0 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. Prezoning 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 "RMY 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 GPA'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 become 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. 0 Submitted by: PATRICIA L. TEMPLE Planning Director Area 7 and Emerson Prezoning /GPA January 13, 2004 Page 17 Prepared by: LARRY N. LAWRENCE Project Manager Attachments: 1. Resolution Approving General Plan Amendments, with the following 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 2. Ordinance Approving Prezoning Code Amendments, with the following exhibits: 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 Hts. Specific Plan by Reference ZA -4: Emerson Area Prezoning 3. Negative Declarations and Comments on ND's from Other Agencies: ND -1: Negative Declaration for Area 7, with the following comment letters: • Letter from Local Agency Formation Commission • Letter from Airport Land Use Commission • Letter from John Wayne Airport ND -2: Negative Declaration for Emerson Area 4. Minutes of 11/20/03 Planning Commission Meeting 0 ATTACHMENT 1: RESOLUTION APPROVING GENERAL PLAN AMENDMENTS 0 0 0 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL APPROVING GENERAL PLAN AMENDMENTS FOR "AREA 7" AND THE EMERSON AREA PRECEDENT TO THEIR ANNEXATION TO THE CITY [GP 2003 -005 and GP 2003 -006] WHEREAS, the City Council of 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, 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, 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 WHEREAS, on November 20, 2003, the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed amendments, prezonings and related items and forwarded them to the City Council recommending approval; and WHEREAS, on January 13, 2004, the City Council 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 preceding public hearings. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Newport Beach makes the following findings and takes the following actions: 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, designated by reference as Exhibits ND -1 and ND- 2 of this Resolution as if completely contained herein, and all comments received during the public review process, the City Council determines that the projects will not have a significant impact upon the environment and accordingly adopts the Negative Declarations, reflecting the independent judgment of the City of Newport Beach. 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 City Council 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 City Council 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 City Council determines that the projects are not required to pay Fish and Game Department filing fees. 2. GP 2003 -005: Area 7. The City Council 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 City Council hereby approves GP 2003- 005, consisting of the following: 9 2 (1) Addition of Area 7 to the Land Use Elements "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 the addition of the Santa Ana Country Club as OS "Open Space" and 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 City Council 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 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 City Council hereby approves 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. 3 (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. ADOPTED this 13 1h day of January, 2004, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS M MAYOR 0 • • EXHIBIT GP-1 4.7 GENERAL PLAN DESIGNATIONS L i�ORONA IIRISYCL f -ji fAMKVWrA R8:MTl"L AND L 2 84VIR"WrALOPENSPACE 1 i 16 MAC cc� AlU. 4AMILYKSICXN L !!7:T - ANNEXATION AREA $WAS uw\,ERSITI DR- Costa Mesa Detach from r Costa Mesa I 1:12.DOO mmmmmmmE�� 0 600 1,200 1,800 2.401) Feet I ---z d Newport Beach U L ." I ---z d Newport Beach 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 MY': 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'infill' 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 J6 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. Irvine Avenue no changes 2. West Santa Ana Heights and South of Mesa Drive 3. East Santa Ana Heights 4. Sayview TOTAL* Population' 442 309 (133) 351,816 1,170,205 no changes 818,389 no changes Dwelling units and commercial square footage for West Santa Ana Heights and the area south of Mesa Drive will be determined on annexation • 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/GPAJ. 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 J5 Residential (in du's) Commercial (in sq.ft.) Existing Gen. Plan Projected Existing Gen. Plan Projected 111/87 Projection Growth 1/1/87 Projection Growth 1 -10 I"Westbay Residential" no changes through 'Bay Knolls"] 11. Emerson 9 9 -0- -0- -0- "0- TOTAL 611 643 32 Population 1222 1286 64 • 0 ATTACHMENT 2: ORDINANCE APPROVING PREZONING CODE AMENDMENTS 0 El • ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PREZONING FOR "AREA 7" AND THE EMERSON AREA PRECEDENT TO THEIR ANNEXATION TO THE CITY [CA 2003 -006 and CA 2003 -007] WHEREAS, the City Council of 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 the city; and WHEREAS, the California Government Code requires zoning to be consistent with a city's general plan designations on property; 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 WHEREAS, on November 20, 2003, the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed prezonings and related items and forwarded them to the City Council with a recommendation of adoption; and WHEREAS, on January 13, 2004, the City Council of the City of Newport Beach held a public hearing regarding the proposed amendments and related items; and WHEREAS, the public was duty notified of the preceding public hearings. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: ENVIRONMENTAL REVIEW. 1. Pursuant to CEQA Guidelines Section 15063, Initial Studies have been prepared for the projects. After reviewing the Initial Studies and the draft Negative Declarations, designated by reference as Exhibits ND -1 and ND -2 of this Resolution as if completely contained herein, and all comments received during the public review process, the City Council determines that the projects will not have a significant impact upon the environment and accordingly adopts the Negative Declarations, reflecting the independent judgment of the City of Newport Beach. All records pertaining to this environmental determination are retained in the Planning Department of the City of Newport Beach. 2. Pursuant to Title 14, California Code of Regulation Section 753.5(c)(1), the City Council 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 City Council 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 City Council determines that the projects are not required to pay Fish and Game Department filing fees. SECTION 2: ZONING AMENDMENT. 1. CA 2003 -006: Area 7. The City Council 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 Specific Plan, a component of the zoning amendment, closely follows the provisions of the current County 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. 2 d. The amendment will not adversely affect the public health, safety and welfare. In light of the preceding findings, the City Council hereby approves 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. 2. CA 2003 -007: Emerson Area. The City Council 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 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 City Council hereby approves CA 2003- 007, consisting of the following: c Amendment to the applicable zoning Districting Map, adding the Emerson Area and zoning the land therein as shown on Exhibit ZA-4 attached hereto. 3. The City Council hereby stipulates that the approval of the amendments set forth in this Resolution shall become effective only if the annexations described hereinabove are approved by the Orange County Local Agency Formation Commission. SECTION 3: 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 January 13, 2004 and adopted on January 27, 2004 by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS rd MAYOR 0 9 • 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. , (attached and detached). two- family, and multi - family erideptial land i-Ges. 3. Amend the residential land use regulations table in Section 20.10.020 to add the column labeled "D "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 "U' 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 "PDIU" 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" fbKovvnO the schedule. VVhone letters in panan(houoa are opposite a use classification hoadinO, referenced regulations shall apply to all use o|aaa8icadona under the heading. 9 Residential Districts: Land Use Regulations UP = Use permit PD/U = Use permit issued by the Planning Director 11- Limited (see Additional Use Regulations) Not Permitted I I Regulations ,[Da -Care, Limited �jGroup Residential 'L��si�!ntial Care, Limited J!�IUBLICAND. SEMI-PUBLIC FDay-Care, General Assembly jf��sidential Care. General ,[Schools, Public and Private F��FUFFup FP�Tjp u ]LItliffies, Minor [�O_MMIMqlj!�L USES jl�orliculture, Limited IVehicle/Equipment Sales and Services f. J Residential Districts: Land Use Regulations i P =Permitted UP = Use permit PDlU = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) -- =Not Permitted I ____. _.._._.._..- .___..___..._..'..R � I A I R -1 _ I R^1.5; R -2 MFR RMDI Additional I Regulations - Commercial Parking Facility F L_3 LL 3 L -3 ; 33 L-3 1� Visitor Accommodations Bed and Breakfast Inns F__ - UP UP - (F) -SRO Residential Hotels . 7 — p AGRICULTURAL AND EXTRACTIVE USES �� I L [(A), (B), (C) Animal husbandry (G) Crop _Production '�� —�1 — ::� -�� - -- Mining and Processing F _ � L- LL 4 1l (H) - - - T�I r ACCESSORY USES F��nn ccessory Structures and Uses FP _t PlUP P /UP /UP P /UP,IP /U (I) F��.( �P _�• =(_ —P TEMPORARY USES (A), (B), (C) Circuses and Carnivals 1—P -r P FP Commercial Filming, Limited T P_ rP I Personal Property Sales P�r P� (L) ;Heliports, Temporary . L -5 ��- L -5 (J) Real Estate Offices,Temporary _ L 5! L -5 L -5 L 5 L -5 L 5 (B) v - 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. .r3 i�Resid i It ane Districts: Property Development Regula" r R -A �R -1 F-1 [R-2 ' �MFR i �RMD'� Additional �I��;i;L__JI�J Regulations Minimum Site Area per Unit (sq. ft. ��J 1,000 : OI 1,200 2,000 ; (A), (B) !Minimum Lot Area (sq. ft.) 87,120 5,000 5,000" 5,000; 5,000 5,000 i (A) - Corner Lots (sq. ft.) 87,120 6,0001 5,000 6,000 6,000 6,000 (A) Minimum Lot_Width (ft.) -Comer Lots (ft.) 125 60 6o 60 'F- (A) Minimum Yards Front (ft.) 20 20 20 20 20 2p (C), (D), (F), (H),: Side (ft.). _ _ _ _J ..3_4.-z 3'4 -; 3'4. -! .- 3'4 - -:I. '.. ��), (D), (G), (N) �� Comer Side (ft.) `v - 1 3.4- 3-4 -.; .. 3 4.._; .- _34_..I . . Fu -D (N) Rear (ft) 525 10 10....1.. 10....._10... 25 (�),..(D),.-(� i Distance Between Detached Buildings (J) Maximum Floor Area Limit 2 00 1.50 2.00 1.75 (K), (M) Maximum Coverage 40 % ^— r —r —�— (N) Required Open Space �I I. ' "' (K)r�(9!_ Off Street Parking and Loading !r— - -� —�� (P) 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 MFR. and RMD 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 • u 0 • 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 (RSCl 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. -N orhood Commercial (CN) District.. Provides areas for retail and service uses to serve the needs of the surrounding neighborhood and local area 6. Amend Section 20.15.020 to add the column labeled "W", 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 "PDIU" 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. • 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 ljrA�PF RMC I .... ... ....... CN Additional Regulations RESIDENTIAL IF ' F (A). (B). (C). (D) '[Day-Care, Limited —7F -- —F P :jf�UE-_IC AND SEMI- PUBLIC V7 E 17— 1 ; I(A). (B). (C). (D) clubs EUP -UP FU P� f(P.). Yacht Club UP -up convalescent Facilities E— FED) 7 _j I (C�uluraLfn Institutions ; UP --Fu--Eq�(p) 67�— P General ---.FP—[—L-1 'FL-3 F�[ Emergency _Health Care Government Offices r P P ijM;7!nn — F' I(E). (F) ;Park and Recreation Facilities : Public Facilities ety -IT.—l—UPF� P -[7O1i!_ F Assembly :[ReI!qipus Residential Care, General TUP Schools, Public a Private --��4 :Lfil!ties, Major UP F 11U (A), .(B). (C). (D) Adult- Oriented Businesses ......... ...... E—IT-al Sales and Services - Animal Grooming Animal Hospitals F UP 1 UP F--Animal Retail Sales PD/U FArtisWStuchos T— F.— P F F.— F� i77— Banks /Savings and Loans P -With Drive - Through /Drive -Up Service TUP F UP F L-3 FLIP r • • E Commemial Districts: Land Use Regulations I - P. UP = Use permit PD/U = Use permit issued by Planning Dir. L Limited (See Additional Use Regulations) lEating and Drinking Establishments [—Full Service, High Turnover F-up -[UPF-up-F��Im, APF [iRiM7C"j &N Additional F-,�L7�11 Service, Low Turnover Jkl) Regulations IBuilding Materials and Services I - P. jqomrm�mcia� Filming 19-0-1-rimunication Facilities lEating and Drinking Establishments [—Full Service, High Turnover F-up -[UPF-up-F��Im, W), (P) F-,�L7�11 Service, Low Turnover Jkl) -Full Service, Small Scale FPD/u PD D/u PD L-�zir"nd_�Pqcktail Lounges -F-up--F up-Fu-plup '--J F(l)7(j), (P) jFood and Beverage sales P F-T P- .*P) _-Convenience Markets [Funeral and Internment Services �-F- [Ma��tenance and Repair Serytces -FP P F(D) -Marine Service station -FP-D1-uF-FP-D/y -Retail marine sates 10frices, Business and Professional FL-3 F P 7 Commercial Districts: Land Use Regulations P = Permitted UP = Use permit PD1U = Use permit issued by Planning Dir. L = Limited (See Additional Use Regulations) Not Permitted sc A7PF C7N Additional Regulations L-P-r)Lcleaners (Collection Only) L-1:::][L-3 P 1E L -Fortune Telling--. . ..... FL-T�F _T7jL qss�ge Establishments f��e ic�2.�au�ndfies Epis��al S��rvices jPrinting and Duplicating Services lResearch and Development Services '=F- Ketail Sales 7 7-IFT71-T F�7.F —�T. Lnin�s and Medical Supplies —;FF7E171Z F-5— T—fF J��cqaq�aLnq Appliancesiclothing. FT [��!a�eet�, Re�urring P P TT:3 10�71 F 1!�/EqutpT es -ih�l _�nt Sales and Servic --T F --F-77F j D �u_�!Ie �V� �shing tqi�o . . ..... Parking Facility IF-E-71F FE—J-2—T . ...... ------- [��ipment Repair =P [E:�12—] -Vehicle/Equipment Rentals (Office Only) �=F—[T--2F7:�--r -Vehicle/Equipment Rentals L73 5Y�t--��,�RuTment.Sales _T. �7 ..-Limited jl��-I--..J L-12 L-12 jy�mil��mmodations 2nd klast Inns fFfD/U� /�j PD/U Hotels, Motels and Time Shares . ..... . ...... UP RV �arks F -SRO Residential H.Ptels —.FU—PF F [��arehousing and Storage, Limited F --- F u --F --I(L) F\�arehousing and Storacie, Self Service 7 --Fu—PF7—F—j(L) 0 0 0 Commercial Districts: Land Use | 1 1 . | � � |�\.(8).(C).<[q Regulations Fiq�-�itry, Small Scale UP = Use permit Industry, Marine-Relatea PD/U = Use permit issued by Planning Dir. I _Lnd Distribution L Limited (See Additional Use Regulations) Not Permitted rid Processing jrRegulations � | 1 1 . | � � |�\.(8).(C).<[q Fiq�-�itry, Small Scale Industry, Marine-Relatea _Lnd Distribution rid Processing lChristmas Tree/Pumpkin Sales Kircuses and Carnivals F,5irs-and Festivals —I(N) 19—ytdoor Storage and Display, Temporary Temporary Commercial Districts: Additional Land Use Regulations L`1: Permitted oson accessory use and may be permitted oson ancillary use on o 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 2O.O3 L'2:Pernoi8adw/heninconjuncVonw/ithonincentiveuseunderthepomvisionsSection2O6O.O8O,yWorine Incentive Uses. � 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. 0 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. (f): See Section 20.60.085, Uses Requiring City Manager Approval. (J): See Chapter 2082, . 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 20.15.030 to add the column labeled "CN" 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. 0 10 • • I Districts: 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 ahuttinn a circot the cofhar4 shall be 2n feet from lb"'mate right- of -wav line 11 RSC APF ` RMC CN Regulations Minimum Lot Area (sq. ft.) 2,000 2,000' 2.000 10,000 (B). (C) — I Corner Lots (sq. ft.) Minimum Lot Width 25 25 j�] (B) Minimum Yards: _ .._...__.-- -...._.... Front (ft) (E) - -; Side (ft.).._........ _..._._.._......._.......L._ ._� �(C)_(D),_(F),...'. Abutting an R District (ft .,20 ---- _— _— iL- =_j _.JL_. �F-5— Abutting an R District (ft.) )r 5 jr 5 ;� 5 20 !�«�).__. _._ Abutting an alley (ft.) _.... -- 10 20 (C ), (D) Y Bulkhead Setback 10 ,, F1 0 ! 10 Maximum Height (ft.) __._...�I _..... ;I_-__._..._. Maximum Floor Area Limit Off - Street Parking and Loading F -� -� -- (H) 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 ahuttinn a circot the cofhar4 shall be 2n feet from lb"'mate right- of -wav line 11 8. Amend Section 20.65.040 to add the text shown double - underlined, as follows: . Section 20.65.040 Height Limitation Zones. 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. 28132 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 and RMD Districts. C. 26135 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 RMD 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 32/50 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, MFR. RMD 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. r1 LJ 12 LJ CD Uk - 4sl CL IL N. v LL W LL Z� U \lba of UJ w 0- ft CL z If 12 U 0 u Avj-\ I%- z 4 CL CL (D z Z Aa C4 0 a, 3, O x z W z 0 ti LLI LL 0 z 0 I-- LJ CD Uk - 4sl CL IL N. v LL W LL Z� U \lba of UJ w 0- ft CL z If 12 U 0 u Avj-\ LL CL Z Aa PC a, 3, to . LL CL fL OD I ji QO i f \ T a 19"T ]I OL CL 'rT f 0 as KC" Q E 4 ° It I U � - �' Q 0 • EXHIBIT ZA -3: ADOPTION OF AMENDED SANTA ANA HEIGHTS SPECIFIC PLAN BY REFERENCE (ZONING CODE CHAPTER 20.44, ENTITLED "SPECIFIC PLAN #%, 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 - 3200.1 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) 20.44.037 Residential Kennel District: SP -7 (RK) 20.44.040 Residential Single Family District: SP -7 (RSF) 20.44.042 Residential Multiple Family District: SP -7 (RMF) 20.44.044 Horticultural Nursery District: SP -7 (HN) 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) • 20.44.070 Commercial Stable Overlay District: (S) 20.44.072 Commercial Nursery Overlay District: (N) 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 -T' on Districting Map Nos. 30, 34, 42, 61, and 67. 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. 0 4 a. .2 0 E P, Q cli Exi m K w i j it 7vj ukazz k.42.0 ti -1. k& KAAA I k I Cy LU cy; Al 0 54 0 Uj CO) Wa e. U. LL uj Q. W P, Q cli Exi m K w Page 20.44 -3 Specific Plan District #7 Santa Ana Heights 20.44.015 Purpose 0 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. is Page 20.444 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 Massin orm. 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. i. 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. 0 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. Building 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. 7. 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 LANDSCAPE PLAN/BUFFER DIAGRAM E.I., N N N Upper Newport Bay \ \—,- //- Upper Newport Bay 0 1000 Feet N r N W Residential Lanscape Theme onumentation E Re tv. Business Park Landscape Theme Specific Plan Boundary 10'BufferZons Landscaping EXHIBIT 20.44-2 0 • Page 20.44 -8 Specific Plan District #7 Santa Ana Heights C. Landscape Guidelines. Landscape design is a crucial element in achieving a distinctive development character and in blending the development with the existing character of surrounding land uses. This character will be reinforced through the coordinated design and selection of landscape and paving materials and emphasis on special features such as entryways and signage. The overall landscape and buffer theme for the specific plan area is illustrated in Exhibit 20.44 -2. Guidelines are specified herein for the following landscape components of the plan: • Streetscape • Entry treatment • Buffer design • Parking lot design • Hardscape and street furniture design • Landscape maintenance 1. Streetscape. a. Business Park Streetscape - Acacia and Birch Streets, and Orchard Drive. Acacia Street, Birch Street and Orchard Drive roadways were originally each designed with 2 11 -foot and 2 13 -foot travel lanes and a 6 -foot walkway on either side. Acacia Street (within the Business Park District) is designed with a 70 -foot right -of -way with 2 12 -foot travel lanes, a 12 -foot median lane, an 8 -foot bikeway and a 9 -foot parkway that will include a 6 -foot sidewalk on either side (Exhibit 20.44 -3). Adjacent to the walkways outside the right -of -way, a 10 -foot landscaped setback is required. Should it be appropriate, road dimensions within right -of -way may be modified as needed to accommodate existing structures. Birch Street is now designed with an 80 -foot right -of -way and Orchard Drive is designed with a 70 -foot right -of -way (Exhibits 20.44 -4 and 20.44 -5, respectively). Birch Street will have the same improvements as Orchard Drive but with the added feature of a 10- foot median/left turn pocket. The streetscape for the business park area will be installed by individual property owners concurrent with development of approved projects. Ongoing maintenance will be the responsibility of individual property owners. The 10 -foot landscaped front setback shall be bermed at a 3:1 slope and planted with the designated street tree, Tristania conferta . (Brisbane box), in one row, 30 feet on center. All street trees shall be a minimum 24 -inch box size when installed. Later phases of c,r� 4 zm d. U c°v h x Cd A Q L1 ed ed a U U) rA G+ U U a w U U 0 h U N U 4 h M 0 N �r • C> c N N.^ x V Q C O CO a Cd V rA rA W N a • 0 'r e •R ul m o� LU N T N r� T s O > 13>00d NUM C iL 1j3� UO NY103IN W ca m N T N T m_ S� .y Cl A W z Q .v i v y v a N W � V � o: x N a � � L1. C V rA rAW �V . S s f[" tJ.l • If) VIV13N� ' N CY r uj ; p > Q Q M o � N � 0 lY r f. m a zl 0 .N .N 1 �I h 4 A U I U coi V V� O N w • d. V tbfl � y N � A Q a. V � a 14 tn v 0 w �r �i w w ►7�r U i ti h U C6 N U h �o 0 N w Page 20.44 -13 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 sop. Hebe buxifolia `coed' Pittosporum tobira `variegate' RRa hiolepsis indica Agapanthus spp. Pittosporum tobira `wheeleri' Xylosma congesttun Trachelospermum iasminoides Daylily `Hebe' Variegated tobira India hawthome Lily -of -the -Nile Dwarf tobira Shiny xylosma Star j asmine All shrubs shall be a minimum size of five gallon. Groundcover Hedera Helix `Hahns' English Ivy Turf is discouraged. Residential Streetscavee - 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. 0 0 L._ J 0 Page 20.44 -14 Specific Plan District #7 Santa Ana Heights C. Residential Streetscave - 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 Streetscape - 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 V Inca minor ! roundcover. 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, i.e accent trees, shrubs, and groundcover. • Entry monumentation. Page 20.44 -15 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: Cupaniopsis Anacardioides Carrotwood (multi - trunk) Erythrina caffra Coral tree (multi - trunk) Jacaranda mimosifolia Jacaranda (multi - trunk) All accent trees shall be a minimum 24 -inch box size. Shrubs Hemerocallis spp. Daylily Hebe buxifolia `coed' Hebe Pittosvorum tobira `variegata' Variegated tobira Raphiolepsis indica India harvQhome Bougainvillea W. Bougainvillea Agaapanthus spp. Lily -of -the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xvlosma congestum Shiny xylosma Trachelosvermum iasminoides Star jasmine Dodonea viscosa `purpurea' 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 0 0 0 Page 20.44 -16 Specific Plan District #7 Santa Ana Heights • b. 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: Melaleuea quinquenervia . Jacaranda mimosifolia (multi - trunk.) Liquidambar styraciflua Callistemon citrinus All accent trees shall be a Shrubs: Cajeput tree Jacaranda American sweet gum Lemon bottlebrush minimum 24 -inch box size. Hemerocallis sop. Daylily Hebe buxifolia `coed' Hebe Pittosporum tobira `variegata' Variegated tobira RRa hiolepsis indica India hawthorne Bougainvillea spp. Bougainvillea Agapanthus spp. Lily -of -the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelospermum iasminoides Star jasmine Dodonea viscosa 'Purpurea' Hop seed bush • All shrubs shall be a minimum size of five gallon. Groundcover: Hedera Helix `Hahns' Gazania sop. Page 20.44 -17 Specific Plan District #7 Santa Ana Heights English Ivy Gazania 3. Buffer Design. Along all property lines where nonresidential uses abut residential uses, a ten -foot 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 leyandii Cupaniopsis anacardioides Pittosporum undulatum Pinus halepensis 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 ill landscaping of approved shrubs and groundcover. [clarified-from County draft] Shrubs: Hemerocallis sop. Daylily Hebe buxifolia `coed' Hebe Pittosporum tobira `variegata' Variegated tobira Raphiolepsis indica India hawthome Bougainvillea spp. Bougainvillea Agapanthus spp. Lily -of -the -Nile Abelia grandiftora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xylosma congestum Shiny xylosma Trachelospermum iasminoides Star jasmine Dodonea viscosa 'purpurea' Hop seed bush • 0 All shrubs shall be a minimum size of five gallon. 0 C • CJ Groundcover: Gazania spp. Hedera Helix `Hahn' Page 20.44 -18 Specific Plan District 47 Santa Ana Heights Gazania English Ivy Heavy planting is recommended to screen views. 4. 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 guinquenervia Cajeput tree Pinus canariensis Canary Island pine Eucalyptus sideroxylon Red iron bark Eucalyptus ficifolia Red - flowering gum Cupanionsis anacardiodes Carrotwood tree Shrubs: Hemerocallis sop. Daylily Hebe buxifolia `coed' Hebe Pittosporum tobira `varieg_ata' Variegated tobira Raphiolepsis indica India hawthome Bougainvillea sop. Bougainvillea Agapanthus sop. Lily -of -the -Nile Abelia grandiflora Glossy abelia Photinia fraseri Photinia Pittosporum tobira `wheeleri' Dwarf tobira Xylosma con es� tum Shiny xylosma Trachelosaermum jasminoides Star jasmine Dodonea viscosa `purer ea' Hop seed bush All shrubs shall be a minimum size of five gallon. 7gb V •V U N U Q C Oq Q a L, 'r- 0 W Ll� U a ti A W W A W a a d N ti • �J r W 1HDI2H a emaims, 1 0 W Q 1- !� Q Hl713H LU H oN anlns,os Z w O� j UO W i J a a z 0 wo y Y tt co co W • C Z LL F5 o =D,y� • W 1► W a W IL IL z a co W 7 C3 W J H z W a F5 W ti A W W A W a a d N ti • �J o r N N 7t L V O y x N �Q a. V � W a U in — w— y Y N m a CL U J T V is Y I CL ® _ N Z ( < W tiVONtt Ntt w U N 4 O N ti Page 20.44 -21 Specific Plan District #7 Santa Ana Heights Groundcover: • Gazania spp. Gazania Hedera Helix `Hahn' English Ivy 5. Hardscape and Street Furniture Design. Hardscape and street furniture 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. Proiect 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. • 0 Page 20.44 -22 Specific Plan District #7 Santa Ana Heights C. Lightine 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 Hardscape. • 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. 20.44.025 Gl In Page 20.44 -23 Specific Plan District 47 Santa Ana Heights Land Use Regulations 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 (RK). 4. Residential Single Family District: SP -7 (RSF). 5. Residential Multiple Family District: SP -7 (RMF) 6. Horticultural Nursery District: SP -7 (HN) 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: (N). Land use and development standards for Santa Ana Heights shall be in accordance with Exhibit 20.44 -1, "Land Use Map — Specific Plan District #7 ", and the provisions of this Section. 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. 3. Maximum Height. A number below the district symbol, with an underline under the district symbol, shall designate the minimum building height in feet. 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: 0 0 Page 20.44 -24 Specific Plan District #7 Santa Ana Heights 1. 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. 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. � J Page 20.44 -25 Specific Plan District #7 Santa Ana Heights 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 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. 4. All projects including, but not limited to, General Plan Amendments and Zone Changes, within the project area pertinent to the Airport Land Use Commission's (ALUC) John Wayne Airport "Airport Environs Land Use Plan" shall be referred to ALUC until such time as the City becomes a "Consistent Local Agency" as defined by ALUC. For purposes of this requirement, the term "project" shall include those applications requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, and/or condominium conversions. Such projects shall not include minor modifications, such as remodels and additions to single family dwelling units with no intensification of development. 0 20.44.030 Open Space and Recreation District: SP -7 (OSR). A. Pumose 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. • 0 Page 20.44 -26 Specific Plan District #7 Santa Ana Heights 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. D. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this Section as permitted. E. Site Development Standards. 1. 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. Page 20.44 -27 Specific Plan District #7 Santa Ana Heights 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 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. 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. 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. • • • Page 20.44 -28 Specific Plan District #7 Santa Ana Heights 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): Size of Building Site s .ft. Maximum Number Permitted Less than 10,000 1 10,000 to 15,000 2 Greater than 15,000 3 to 6 with use permit' 'Use permits shall be processed in accordance with Paragraph G of this Section. 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. E. F E 0 Page 20.44 -29 Specific Plan District #7 Santa Ana Heights f. Minimum setbacks for the keeping of animals shall be as follows: Granny unit, attached or detached, in conformance with Chapter 20.85, subject to approval of a use permit by the Planning Director. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District. 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. Site Development Standards. 1. 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. 3. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. C. Rear setback: 25 feet minimum. • • 'in 10 ty 13�:'. Vila yiw ,. 0 '!1 'iI� � R' '. ;.r.y;,.. . Est Front Side Front Side Front Side All structures housing animals (e.g. corrals, pens, 50 20 25 25 5' S' stalls, cages, do houses 25 10 0 0 0 0 Exercise areas 'Required for covered portions of structures only Granny unit, attached or detached, in conformance with Chapter 20.85, subject to approval of a use permit by the Planning Director. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this District. 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. Site Development Standards. 1. 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. 3. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. C. Rear setback: 25 feet minimum. • • Page 20.44 -30 Specific Plan District #7 Santa Ana Heights • 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 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 1 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. • Page 20.44 -31 Specific Plan District #7 Santa Ana Heights 3. Permit Regulations. 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. 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. Dumoster 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 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. i 9 Page 20.44 -32 Specific Plan District #7 Santa Ana Heights 20.44.037 Residential Kennel District: SP -7 (RK). 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: 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. Page 20.44 -33 Specific Plan District #7 Santa Ana Heights 2. Swimming pools. 0 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. 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. Granny unit, attached or detached, in conformance with Chapter 20.85, subject to approval of a use permit by the Planning Director. 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. 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. 0 1] Page 20.44 -34 Specific Plan District #7 Santa Ana Heights 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: (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% 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. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. G. Special Regulations. 1. 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 0 following conditions apply Page 20.44 -35 Specific Plan District #7 Santa Ana Heights 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 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. 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). 0 • 0 0 Page 20.44 -36 Specific Plan District #7 Santa Ana Heights 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. Temnorary 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, 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: Page 20.44 -37 Specific Plan District #7 Santa Ana Heights 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 may be 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. • 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. S. Granny unit, attached or detached, in conformance with Chapter 20.85, subject to approval of a use permit by the Planning Director. 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. . Page 20.44 -38 Specific Plan District 47 Santa Ana Heights • 4. Apiaries. F. Site Development Standards. 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. • 20.44.042 Residential Multiple Family District: SP -7 (RMF). A. 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. Only those uses are permitted that are complementary to and compatible with such a residential neighborhood. B. Principal Uses Permitted. 1. 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: Page 20.44 -39 Specific Plan District 47 Santa Ana Heights 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: 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, per Section 20.60.020, to include: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. 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. 5. Home occupations per Section 20.60.100. 6. The noncommercial keeping of pets and animals. 7. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. • Page 20.4440 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. 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 Height. 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. 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. 20.44.044 Horticultural Nursery District: SP -7 (HN). 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. Page 20.44 -41 Specific Plan District #7 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. Public /private utility buildings and structures. 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: 1. Detached buildings. 2. Fences and walls. 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 Height. 35 feet maximum. 4. Building Setbacks. a. Front setback: 20 feet minimum. b. Side setback: 5 feet minimum. c. Rear setback: 25 feet minimum. • 0 Page 20.44 -42 Specific Plan District #7 Santa Ana Heights 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. Purpose and Intent. 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. 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. L 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. Page 20.44 -43 Specific Plan District #7 Santa Ana Heights 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. h. 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. 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: 1. Detached buildings. is 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 Sims — 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. C. Larger Monument/Ground Signs — A business or identification sign, including the foundation, measuring more than 50 square feet in area Is L J 0 Page 20.44 -44 Specific Plan District #7 Santa Ana Heights 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. • 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. Page 20.44 -45 Specific Plan District #7 Santa Ana Heights g. Other Signs — 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. 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. E Page 20.44 -46 Specific Plan District #7 Santa Ana Heights Isb. 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. 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, tile or similar type of solid masonry material a minimum of 4 inches thick. Page 20.4447 Specific Plan District 47 Santa Ana Heights (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 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'/Z 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. Page 20.4448 Specific Plan District #7 Santa Ana Heights . B. Principal 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. 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. h. Message, mail and delivery services. i. Medical and dental offices. j. Retail businesses. k. Service businesses. 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 Page 20.44 -49 Specific Plan District #7 Santa Ana Heights 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. 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. • 0 Page 20.44 -50 Specific Plan District #7 Santa Ana Heights 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. 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. Page 20.44 -51 Specific Plan District #7 Santa Ana Heights 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. 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. Building Site Area: 19,800 square feet minimum, except as modified by special symbol per Subsection 20.44.025 -B. �J • 3. Building Site Coverage: 40 percent maximum. 0 0 Page 20.44 -52 Specific Plan District 97 Santa Ana Heights 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 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. Page 20.44 -53 Specific Plan District #7 Santa Ana Heights (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 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 6%i feet of permanent window Page 20.44 -54 Specific Plan District #7 Santa Ana Heights 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. 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 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). 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. Siens. 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 Page 20.44 -55 Specific Plan District #7 Santa Ana Heights 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 intemal lighting, and shall 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. Intemal 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 E Page 20.44 -56 Specific Plan District 47 Santa Ana Heights 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. 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. 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. 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. 0 2. Signs per Chapter 20.67. E. F Page 20.44 -57 Specific Plan District #7 Santa Ana Heights I 3. Accessory uses and structures which the Planning Director finds consistent with the purpose and intent of this district. Prohibited Uses. The following uses are specifically prohibited: I. Adult entertainment businesses and adult- oriented businesses. 2. All uses not listed in this Section as permitted. Site Development Standards. 1. Floor Area Ratio (FAR): Per Chapter 20.63. 2. Buildiny 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. 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. Lim. 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 • i KI C� Page 20.44 -58 Specific Plan District 47 Santa Ana Heights 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. Landscaping. 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. 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). Page 20.44 -59 Specific Plan District #7 Santa Ana Heights 0 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. 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. 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. 2. Vehicular Access. Vehicular access shall be South Bristol Street. • Page 20.44 -60 Specific Plan District #7 Santa Ana Heights 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. Purpose and Intent. The purpose of this district is to provide a method whereby land may be developed utilizing design features which take advantage of modern 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 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 Subiect 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: Page 20.44 -61 Specific Plan District #7 Santa Ana Heights 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. 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. 3. 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 Page 20.44 -62 Specific Plan District #7 Santa Ana Heights 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. 1. 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 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 20.44.072 20.44.075 Page 20.44 -63 Specific Plan District #7 Santa Ana Heights 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. Commercial Nursery Overlay District: (N). Wholesale commercial nurseries are permitted in areas designed with an (N) overlay, subject to the site development standards of the base district.. 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. 1J 11 0 Page 20.44 -64 Specific Plan District #7 Santa Ana Heights 0 ' • Improvement 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. • Improvement 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 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 DriveBirch Street (Feature 7) for improved sight distance. • Improvement 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. Page 20.44 -65 Specific Plan District #7 Santa Ana Heights • 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 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. 1. 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. • Page 20.44 -66 Specific Plan District #7 Santa Ana Heights • 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. 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. • Improvement 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. Page 20.44 -67 Specific Plan District #7 Santa Ana Heights • 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 trunkline 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 trunkline 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. • 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 I • 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. F�1 Page 20.44-68 Specific Plan District #7 Santa Ana Heights iImprovement 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. Improvement 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. Improvement 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 Page 20.44 -69 Specific Plan District #7 Santa Ana Heights 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 Orange County Development Agency, an assessment district, and/or developer contributions. E. Recreation Improvements. 0 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. Page 20.44 -70 Specific Plan District #7 Santa Ana Heights • 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. 1] S N Nx v Or a r R C. c V � W N CL CIO / 7 ` \C4�Y• �m t � L .IC J 1 � •Y O • � J p Q. V Q � 0 Q Q®®o N W O w� W a Q N w • Page 20.44 -72 Specific Plan District 97 Santa Ana Heights 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. 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. Snecific 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. 0 ATTACHMENT 3: Negative Declarations and Comments from Other Agencies 0 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 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 Larry Lawrence, project manager for the City, at 949 -661 -8175. Date: July 1, 2003 Patricia L. Temple, Planning Director • • CITY OF NEWPORT BEACH INITIAL STUDY AND ENVIRONMENTAL CHECKLIST 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 3. Contact Person and Phone No. City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 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. 9. Surrounding Land Uses And Setting (see map at end of document): ;P,rb ectAreaT:�±�;• 12�"sidenbal,I o codmeTcial,anc��,b�"'. 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 City 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 provision* must be adopted by the City in conjunction with annexation. Thus, general plan and prezonmg 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 Irvine Ranch Water District (IRWD). Solid waste is collected by Waste Management Inc. Area 7 An=ation• INITIAL STUDY Page 2 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. E3 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. ❑ Area 7 Annmation INITIAL STUDY Page 3 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. 0 Signature LARRY LAWRENCE Printed Name July 1, 2003 Date Area 7 Annexations QJITIAL STUDY Page 4 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- khan - significant level through the implementation of mitigation measures identified in the Study. Area 7 Annexation INITIAL STUDY Page 5 IMPACT CATEGORY Potentially Significant Impact Significant Unless Mitigation Incorporated Less than Significant Impact No Impact SOURCES' _ See Source References at the end of this Checklist. I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ Rl 1,3,4 scenic vista? b) Substantially damage scenic resources, ❑ ❑ ❑ p 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 ❑ ❑ ❑ Rl 1,3,4,5,6 character or quality of the site and its surroundings? d) Create a new source of substantial ❑ ❑ ❑ Rl 1,3,4,5,6 light or glare which would adversely affect day or nighttime views in the area? 11. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, ❑ ❑ ❑ p 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 ❑ ❑ ❑ p 1,3,4,5,6 use, or a Williamson Act contract? Area 7 Annexation INITIAL STUDY Page 5 Area 7 Annexation• INITIAL STUDY Page 6 Potentially Potentially Significant Less than No Significant Unless Significant pact SOURCES' IMPACT CATEGORY Impact Mitigation Impact Incorporated ' See Source References at the end of this Checklist. c) Involve other changes in the existing ❑ ❑ ❑ 0 1,3,4,5,6 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 ❑ ❑ ❑ 0 11,3,4,9,110,111 the applicable air quality plan? b) Violate any air quality standard or contribute ❑ ❑ ❑ 0 1,3,4,9,10,11 to an existing or projected air quality violation? c) Result in a cumulatively considerable net ❑ ❑ ❑ 0 1,3,4,9,10,11 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)? i d) Expose sensitive receptors to substantial ❑ ❑ ❑ 0 1,3,4,9,10,11 pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ ❑ 0 1,3,4,9,10,77 substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either ❑ ❑ ❑ 0 1,3,4,11 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 ❑ ❑ ❑ 0 7,3,4,71 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? Area 7 Annexation• INITIAL STUDY Page 6 l_J Area 7 Annexation INITIAL STUDY Page 7 IMPACT CATEGORY Potentially Significant Impact rotennauy Significant Unless Mitigation Incorporated Less than Significant Impact No Impact SOURCES' ' See Source References at the end of this Checklist. c) Have a substantial adverse effect on ❑ ❑ ❑ 1,3,4,11 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 ❑ ❑ ❑ 1,3,4,11 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 ❑ ❑ ❑ 21 1,3,4,11 protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted ❑ ❑ ❑ 1,3,4,11 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 ❑ ❑ ❑ 1,3,4,11 significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the ❑ ❑ ❑ 21 1,3,4,11 significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique ❑ ❑ ❑ 21 1,3,4,11 paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those ❑ ❑ ❑ 21 1,3,4,11 interred outside of formal cemeteries? Area 7 Annexation INITIAL STUDY Page 7 IMPACT CATEGORY 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? Potentially Significant Less than No Significant Unless Significant Impact SOURCES` Impact Mitigation Impact P See Source References at the end of this Checklist ❑ ❑ ❑ 21 1,3,4,11 ❑ ❑ ❑ 21 1,3,4,11 ❑ ❑ ❑ 21 1,3,4,11 ❑ ❑ ❑ 21 1,3,4,7,11 ❑ ❑ ❑ 21 1,3,4,7,11 ❑ ❑ ❑ 21 1,3,4,7,11 ❑ ❑ ❑ 21 1,3,4,11 ❑ ❑ ❑ p n/a ❑ ❑ ❑ 21 2,3,4,5,6,11 Area 7 Annexation MITIAL STUDY Page 8 IMPACT CATEGORY 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? • Potentially Significant Significant Unless Impact Mitigation Incorporated See Source RefE Less than Significant Impact SOURCES* Impact p rences 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 1,1 13 ❑ ❑ ❑ p n/a ❑ ❑ ❑ 0 2,3,45,6,11 ❑ ❑ ❑ 10 2,3,4,5,6,11 ❑ ❑ ❑ 10 3,4,11 Areal Annexation INMAL STUDY Page 9 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 floodflows? 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? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Less than No Significant Unless Significant pact SOURCES* Impact Mitigation Impact 3,4,11 Incorporated ' See Source References at the end of this Checklist. ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ 0 3,4,11 ❑ ❑ ❑ 0 3,4,11 Area 7 Annexation. INITIAL STUDY Page 10 Area 7 Annexation INMAL STUDY Page 11 IMPACT CATEGORY Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No act SOURCES* See Source References at the end of this Checklist. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑ ❑ ❑ 0 1,2,3,4,5,6,11 b) Conflict with any applicable land use plan, ❑ ❑ 0 ❑ 1,2,3,4,5,6,11, 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 ❑ ❑ ❑ 0 1,2,3,4,5,6,11 conservation plan or natural community conservation plan? X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known ❑ ❑ ❑ 0 1,3,4,11 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- ❑ ❑ ❑ 0 1,3,4,11 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 ❑ ❑ ❑ 0 1,2,3,4,8,11, 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 ❑ ❑ ❑ 0 1,2,3,4,8,11 excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient ❑ ❑ ❑ 0 1,2,3,4,8,11, noise levels in the project vicinity above 12.1a levels existing without the project? d) A substantial temporary or periodic increase ❑ ❑ ❑ 0 1,2,3,4,8,11, in ambient noise levels in the project vicinity 12.1a Ami above levels existing without the Droiect? Area 7 Annexation INMAL STUDY Page 11 Potentially Significant Less than Significant Unless Significant No 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 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? D 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? XII. 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 Annexation INITIAL STUDY Page 12 E Area 7 Annmarion IMTIAL STUDY Page 13 Potentially Potentially Significant Less than No Significant Unless Significant SOURCES` IMPACT CATEGORY Impact Mitigation Impact Incoroorated ` See Source References at the end of this Checklist. Schools? ❑ ❑ ❑ 0 2,3,4,11 Other public facilities? ❑ ❑ 0 ❑ 2,3,4,11 XIV. RECREATION a) Would the project increase the use of ❑ ❑ ❑ 0 2,3,4,6 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 ❑ ❑ ❑ 0 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. TRANS PORTATIONITRAFFIC 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 ❑ ❑ ❑ 0 2,3,4,6 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, ❑ ❑ ❑ 0 2,3,4,6,11 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 f) Result in inadequate parking capacity? ❑ ❑ ❑ 0 2,3,4,5,6 E Area 7 Annmarion IMTIAL STUDY Page 13 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 Significant Unless Significant Impact SOURCES` Impact Mitigation Impact See Source References at the end of this Checklist. ❑ ❑ ❑ EI 2,3,4,6 ❑ ❑ ❑ EI 2,3,4,6 ❑ ❑ ❑ EI 2,3,4,6 ❑ ❑ ❑ EI 2,3,4,6 ❑ ❑ ❑ EI 2,3,4,6 ❑ ❑ ❑ EI 2,3,4,6 ❑ ❑ ❑ EI 2,3,4,6 ❑ ❑ ❑ EI 2,3,4,6 Area 7 Annexation INITIAL STUDY Page 14 Potentially Significant Less than Significant Unless Significant pact SOURCES` IMPACT CATEGORY Impact Mitigation Impact Incorporated_ 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. 0 F07 L n F07 L F07 F07 L n 1 -13 1 -13 1 -13 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). Site visits to annexation area by Larry Lawrence, project manager for City of Newport. Area 7 Annexation INtrIAL STUDY Page 15 2. Report to Newport Beach City Council re Annexation of Area 7, by Dave Kiff, Assistant City Manager, March 77, 2003. I 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 70.28 of the Newport Beach Municipal Code. 9. Air Quality Management Plan, South Coast Air Quality Management District, 7997. 70. Air Quality Management Plan EIR, South Coast Air Quality Management District, 7997. 77. FEIR No. 508, John Wayne Airport Master Plan and Santa Ana Heights Land Use Compatibility Program, County of Orange, February 7985. 73. 7-7714-7 r07-1 . 1 Kill in • - - u . - • 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 • HAZARDS AND HAZARDOUS MATERIALS: 0 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: 1. 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. 2. 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 INMAL STUDY Page 17 • NOISE: 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 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 7 Annexation INITIAL STUDY Page 18 li I • MAP OF ANNEXATION AREA AREA 7 ANNEXATION AREA NLAWAY PSOMMM Oil j., F� - �.. �?"• °•n'x; �F • .r.. r P:1•. ... .y._ ..fit` ,i1: .' Vtrvt�zan ,t '�' UUIVE R S,I Y DR 1 Costa CostaMro � Newport Mesa °5eti!°5A Beach Area 7 Annexation INITIAL STUDY Page 19 .J W iEC. f(r 1 Z [z� Ptopoaad Area 7 Mmullon and 1 {� �IItbii 5pheraoihdlaenma Amendnvrd t; I :p �••�••• NO Ctry Bounnag {Cunentt f `.'� � , — •• —••• CEt Gty Boundary /Ctmntl .. Area 7 Annexation INITIAL STUDY Page 19 ATTACHMENTS TO ND -1: COMMENTS FROM OTHER AGENCIES • • LAFCOCO Luca; ,Igor c ;i Farmatuxr (amtnr;:tlu: . (Jr;;r; gt t'nuFr ;1' _ ., ❑ ,;lc 3 ev P AN,NNG DE r- L 1 .MUSSC 9'lt:,FF.R Patricia L. Temple, Planning Director AGt t'�ii ^.ii Fi 70R \ r co >:\•IZ:\ City of Newport Beach tI$,g;:Ui�::G;'tG13;sSJt4 331ifj Newport Boulevard -' P.O. Box 1 ?63 Newpon Beach. CA 92658 -5915 CFURL F? \. YNtTII RE' Cortments on initial Sttfdy'NcgaI e Declaration - General Plan Amendment. Pre - zoning. Sphere of Influence Amendment and Annexation A.\�h \t 1 ANF. <F *TE• of West Santa Ana Heights, Santa Ana Country Club, and the area south of Mesa Drive to the City of Newport Beach r :TrR NT.Rrth. ']ear Ms, Temple, .• V. within the Negative Declaration appears to include property located within �Trc.uo.4TR:: • the northern portion of the Newport Beach Golf Course. This territory is Thank you for the opportunity to comment on the above - referenced CHARLrY RFL'AA em ironmental document. As a responsible agency for the future annexation of P ag 3i::'RcaiA7yra5, o this area. LAFCO has reviewed the Initial Study)Nlegative Declaration and has the h xrrR °S R following comments. ground in the event of aircraft crashes. G1 PER`• Ni w 'I'T" ')IST1:- ' 1. For clarification and background for the reader, the "Existing Conditions • Land Use and Development" section on Page 2 of the initial Study should . In NCO \ \ItNFRi 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 r:.�. \c1 file with LAFCO. RoBVR: Rill ER v, Portions of the subject territory are located within the Santa Ana Heights ReLcveionment Project Area. The \egative Declaration should reference c. rL?� +:•f 9110N I.\ VUC I ♦F this and discuss how potential annexation would impact administration of ::'. L,i fR 1. t' i): .1. fie redevelopment project area. I! Civic Cemcr Plaza. Rmm _35, Santa Any CA 92;01 1714t334-L556 FAX{ ^14154.2h4_ hnp:: Wwa'.orangc.lafco ca.go: The proposed annexation and sphere of influence boundary included ruRttx:v within the Negative Declaration appears to include property located within �Trc.uo.4TR:: • 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 CHARLrY RFL'AA L' e airport's Runway Protection Zone (RPZ). According to the Federal Aviation Administration, an RPZ is territory located beyond the end of an h xrrR °S R airport runway that is designed to protect people and property on the ground in the event of aircraft crashes. nAXA 1L s+tlTn This area is currently located within the Costa iiesa Sphere of Influence. I! Civic Cemcr Plaza. Rmm _35, Santa Any CA 92;01 1714t334-L556 FAX{ ^14154.2h4_ hnp:: Wwa'.orangc.lafco ca.go: August 8, 2003 • RE: Comments – Negative Declaration Page I When evaluating amendments to Spheres of Influence, there are four factors that LAFCO is statutorily required to consider (Government Code Section 56426.5): D Present and planned land uses in the area, including agricultural and open space lands. i 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. Existence of any social or economic communities of interest 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 baldrichfaloran!4c.lafco.ca.2ov or by phone at (714) 834 -2556. Sincerely. o�— A� Bob .Aldrich Assistant Executive Oilicer • AIRPORT LAND USE COMMISSION ORANGE COlIN7Y FOR ORANGE COUNTY _ 3160 Airway Avenue • Costa Mesa, California 92626.949.252.5170 fax: 949252.6012 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 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, a copy of which was provided to your department in February of this year. Similarly, corresponding airport - compatible planning policies, guidelines, and criteria are presented in the Caltrans/Division of Aeronautics California Airport Land Use Planning Handbook. The Handbook is required by California statute (Public Resources Code, Section 21096), to be used by lead agencies as a technical resource for CEQA clearance documents, when applicable. Also, the AELUP and the Haixtbook 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 tr 14t J ANY� E OranpCoury. Calr.'orma Alm 1. Murphy Airport Director 31WA.imay A,�, je Costa Mesa, C4 92626 -4608 959.252.51 "1 949.2i2.51 i8 :ax k% wv.ocair.cnm � ftft JYY•�F August 11, 2003 Ms. Patricia L. Temple Planning Director City of Newport Beach 3300 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 Drive to the City of Newport Beach Dear his. Temple: Thank you for the opportunity to comment on the proposed Negative Declaration for the Project PA 2003 -149: General Plan Amendment GP 2003.005 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 Nest 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 AnnexatiorJSpbere of Influence (SOT) 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 are aware of the "competing' annexationlSOI 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 SOl 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 SOL 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 0 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 SOts reflect the tong -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 frith the Ahport and agreeing that the JWA- owned portion of the NBGC will not be part of the City's Gencrai Plan Amendment and Annexation/Sphere of Influence processes. The enclosed map depicts (in gold hatching) the area of concern described above. Sincerely, Tlan L. Murphy Airport Director Enclosure: Map of )WA and Proposed Costa Mesa and Newport Beach Annexation Area cc: Allan Roeder, City Manager, Costa Mesa / Larry Lawrence, Project Manager, Newport Beach CJ <o R :n U E. r So YT 24 i WW i cc 0-11;z �Q Lbe a �'i m3 • .rY Z x YppY g W w z ouj ujzz z Oc z nza O 04 _ n 0 0 0 EXHIBIT ND -2: NEGATIVE DECLARATION FOR EMERSON AREA ANNEXATION City of Newport Beach 3300 Newport Boulevard - P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3200 NEGATIVE DECLARATION To: 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 2151 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 10 • L 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 21't 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): Project Area. Single family residential To the west, Residential uses in the City of Costa Mesa south and east: 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 ill 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 ❑ TransportationiTraffic • 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. 0 Emerson Annexation INITIAL STUDY Page 2 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. 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. ❑ 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. ❑ July 10, 2003 Signature Date LARRY LAWRENCE Printed Name Emerson Annexation INITIAL STUDY Page 3 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. Emerson Ann"alion INITIAL STUDY Page 4 IMPACT CATEGORY Potentially Significant Impact Significant Unless Mitigation Incorporated Less than Significant Impact Impact 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, ❑ ❑ ❑ RI 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 Ann"alion INITIAL STUDY Page 4 IMPACT CATEGORY Potentially Significant Impact Significant Unless Mitigation Incona orated Lessthan Significant Impact Impact SOURCES` • ' See Source References at the end of this Checklist. c) Involve other changes in the existing ❑ ❑ ❑ 0 1,3,4,5,6 I 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 ❑ ❑ ❑ 0 1,3,4,9,10 the applicable air quality plan? b) Violate any air quality standard or contribute ❑ ❑ ❑ 0 1,3,4,9,10 to an existing or projected air quality violation? c) Result in a cumulatively considerable net ❑ ❑ ❑ 0 1,3,4,9,10 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 ❑ ❑ ❑ 0 1,3,4,9,10 pollutant concentrations? e) Create objectionable odors affecting a ❑ ❑ ❑ 0 1,3,4,9,10 substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either ❑ ❑ ❑ 0 1,3,4 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 ❑ ❑ ❑ 0 1,3,4 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? Emerson Annexation INITIAL STUDY Page 5 I 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? Potentially Significant Less than Significant Unless Significant pact SOURCES` Impact Mitigation Impact 1,3,4 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 ❑ ❑ ❑ 0 1.3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ 0 1,3,4 Emerson Anneaaim INITIAL STUDY Page 6 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? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials ❑ ❑ ❑ El 1,3,4 ❑ ❑ ❑ R1 1,3,4 ❑ ❑ ❑ El 1,3,4 ❑ ❑ ❑ 0 1,3,4,7 ❑ ❑ ❑ 0 1,3,4,7 ❑ ❑ ❑ 0 1,3,4,7 ❑ ❑ ❑ 0 1,3,4 ❑ ❑ ❑ R1 n/a ❑ ❑ ❑ El 2,3,4,5,6 ❑ ❑ ❑ El 2,3,4,5,6 Emerson Annexation INITIAL STUDY Page 7 Potentially Significant Less than Significant Unless Significant Impact SOURCES` IMPACT CATEGORY Impact Mitigation Impact p Incorporated See Source References at the end of this Checklist. c) Emit hazardous emissions or handle ❑ ❑ ❑ Q 2,3,4,5,6 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 ❑ ❑ ❑ Q 2,3,4,5,6 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 ❑ ❑ ❑ Q 2,3,4,5,6 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? q For a project within the vicinity of a private ❑ ❑ ❑ Q n/a airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically ❑ ❑ ❑ Q 2,3,4,5,6 interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant ❑ ❑ ❑ Q 2,3,4,5,6 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 ❑ ❑ ❑ Q 3,4 discharge requirements? b) Substantially deplete groundwater supplies ❑ ❑ ❑ Q 3,4 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 Emerson Annexation INITIAL STUDY Page 8 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? 0 Potentially Significant Less than No Significant Unless Significant Impact SOURCES' Impact Mitigation Impact Incorporated See Source References at the end of this Checklist. ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 3,4 ❑ ❑ ❑ 0 1,2,3,4,5,6 Emerson Annexation W ITIAL 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? Potentially Potentially Significant Lessthan Significant Unless Significant NO SOURCES' Impact Mitigation Impact Impact See Source References at the end of this Checklist. ❑ ❑ Ell ❑ 1,2,3,4,5,6 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 �■w EI EI EI 1,2,3,4,5,6 1,3,4 1,3,4 1,2.3,4,8 1,2,3,4,8 1,2,3,4,8 1,2,3,4,8 1,2,3,4,8 Emerson Annexation INITIAL 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? IXIII. 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 Significant Less than No Significant Unless Significant Impact SOURCES' Impact Mitigation Impact 2,3,4 Incorporated ❑ See Source References at the end of this Checklist. ❑ ❑ ❑ EI n/a ❑ ❑ ❑ EI 2,3,4 ❑ ❑ ❑ ❑ 2,3,4 ❑ ❑ ❑ ❑ 2,3,4 ❑ ❑ 21 ❑ 2,3,4 ❑ ❑ o ❑ 2,3,4 ❑ ❑ ❑ EI 2,3,4 ❑ ❑ ❑ 0 2,3,4 ❑ ❑ o ❑ 2,3,4 Emerson Annexation MITIAL STUDY Page 1 I d) IMPACT CATEGORY Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than No Significant Impact Impact SOURCES' 2,3,4,6 See Source References at the end of this Checklist. XIV. RECREATION a) Would the project increase the use of ❑ ❑ ❑ p 2,3,4,6 existing neighborhood and regional parks or other recreational facilities such that Result in inadequate emergency access? ❑ ❑ ❑ EI substantial physical deterioration of the f) Result in inadequate parking capacity? ❑ ❑ ❑ facility would occur or be accelerated? 2,3,4,5,6 g) Conflict with adopted policies, plans, or ❑ b) Does the project include recreational ❑ ❑ ❑ p 1,2,3,4,6 facilities or require the construction of or portation (e.g., bus turnouts, bike racks)? 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 ❑ ❑ ❑ EI 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 ❑ ❑ ❑ EI 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, ❑ ❑ ❑ EI 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 ❑ ❑ ❑ EI 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? ❑ ❑ ❑ EI 2,3,4,6 f) Result in inadequate parking capacity? ❑ ❑ ❑ EI 2,3,4,5,6 g) Conflict with adopted policies, plans, or ❑ ❑ ❑ EI 2,3,4,6 programs supporting alternative trans- portation (e.g., bus turnouts, bike racks)? • Emerson Annexation rNIT1AL STUDY Page 12 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? i 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 Significant Unless Significant Impact SOURCES' Impact Mitigation Impact See Source References at the end of this Checklist. ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ EI 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ 0 2,3,4,6 ❑ ❑ ❑ EI 2,3,4,6 Emerson Annexation MITIAL STUDY Page 13 Potentially Significant Less than Significant Unless Significant No SOURCES' IMPACT CATEGORY Impact Mitigation Impact Impact Incorporated ` 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. F07 u L A u 0 u L N J 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. Ail 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 Annexation INrr1A1. STUDY Page 14 1. 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 ofArea 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. 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 INITIAL SNDY 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 • F._ rr,Qr� 644' . . I PROPOSED OIMM STREET ` ANNEXATION fir: �. r x0±4 �`. Pi DAP PEI l; Y • Emerson Annexation INITIAL STUDY Page 16 ATTACHMENT 4: MINUTES OF 11/20/03 PLANNING COMMISSION MEETING 0 0 • EJECT: Area 7 Annexation General Plan amendment and pre- zoning for the territory knows as 'Area 7', oluding West Santa Ana Heights, the Santa Ana Country Club, and the area iuth of Mesa Drive and the Emerson Street Area. arson McDaniel noted that the Planning Commission is dealing only with the issues. We do not have the ability to approve or disapprove this annexation. rs should limit their remarks to zoning issues such as floor area ratios, heights s. Those of you who wish to discuss the option of annexation need to made t1 nts to the City Council who will deal with that. y Lawrence, consultant for the City, noted: • The City Council directed staff to prepare an application to annex West Santa Ana Heights, the Santa Ana Country Club and the adjacent areas in March. • Additionally, the city previously initiated annexation proceedings for the small Emerson Street area off Tustin Avenue. • None of these areas presently have zoning or land use designations in the Gene Plan. • The purpose of this item is to apply such zoning and land use designations preparatory to annexation of subject territory. • The West Santa Ana Heights and adjacent areas have been referred to as Area 7 by the Local Agency Formation Commission (LAFCO) and we have retained that label for consistency of discussion. • In order to pre -zone the portion of Area 7 outside the West Santa Ana Heights Specific Plan, it is necessary to add two new zoning districts to the City's Zoning Code. • RMD District (residential medium density) - to provide for medium density residential development mostly along Santa Ana Avenue. • CN District (neighborhood commercial) - to accommodate those local commercial uses that are in the existing Back Bay Center on Irvine Avenue. • He then noted that in attachment ZA1, handwritten page 31 for Minimum Site Area per Unit for the RMD District should read 3,000, not 2,000, and is referred to as 3,000 throughout the staff report. • About two years ago we went through similar circumstance for the East Santa Ana Heights area as pre- zoning preparation for annexation. That annexation was finalized and is part of the City as of July. I New zoning districts for the West Santa Ana Heights weren't included in the East Santa Ana Heights annexation because they are fairly specialized land uses that did not need to be addressed earlier. PA2003 -149 Recommended for Approval • The new Zoning Districts are the RK District (Residential Kennel for the cul -de- sac at Riverside Drive), which was engineered by the County for the concentration of those uses. • The RMD District (Medium Density Residential) within the district is mentioned as multiple family. • The HN District (Horticulture Nursery) for a wholesale nursery on Orchard Drive). • An N Overlay District (allows nursery related uses as part of single family residential areas). • Because the area to be annexed is within the airport environs land use plan it requires Airport Land Use Commission (ALUC) review prior to LAFCO review. At today's meeting, ALUC approved the pre- zoning with conditions with regard primarily to noise. • The condition requires any new residential development that is discretionary be reviewed by ALUC if it is within the 65 CNEL contours and would be for a re- subdivision or an intensification of residential density or condo conversion. • If this is acceptable to the Planning Commission, we would add that as a provision within the Santa Ana Heights Specific Plan. mnissioner Eaton asked about the new categories recommended to be in the City's cific Plan, are they already in the County's Specific Plan? How much of this dential area in this proposed annexation is within the 65 CNEL? What were the ling requirements within the County's and the City's Specific Plans. Are there Brent parking requirements in any category? Lawrence answered they are already in the County Specific Plan. They were not uded in the first draft in the City's Specific Plan because they were exclusive to the st Santa Ana Heights area, which was not considered by the City at that time. erring to the County's Specific Plan for Santa Ana Heights, he referenced an exhibit icting the Board of Supervisors 65 CNEL policy line where they implement land use rictions because of noise. I don't believe there are any significant differences in <ing for residential. In the non - residential, I would need time to look that up. I know •e weren't significant, otherwise I would have pointed that out in the staff report. dic comment was opened. drperson McDaniel asked for comments on zoning issues. ryanne Orr, spoke representing the residents of Master Circle, noted the following: • She had called the City to verify if they were included in this annexation and was informed they were not. • Their concern is if the Country Club would become part of Newport Beach, it would leave the residents of the Master Circle in a secluded pocket of Costa J L J • Mesa and that would become problematic. Of the 50 homes of the block, the residents would like to go with Newport Beach, and asked how this could be accomplished. mmissioner Tucker noted that the Planning Commission has no control over the iexation. We are here tonight to say what the zoning of the properties would be in the ;nt the Council decides whether there will be annexation or not. That is a financial fitter that only they decide. The forum to discuss annexation issues is the City Council, :y will make that policy decision whether that property is within Newport Beach or :y want them to be in Newport Beach. Ultimately, LAFCO has to decide and the City Costa Mesa has an opinion on that as well, we don't. We are just going to look at the ping. If this property you are referring to was within our pre- zoning, is the zoning :eptable for you? You need to tell us what you don't like about the zoning or what u want to see that is different. Temple noted that if the Council after hearing this testimony agreed to include this as part of the annexation, they could so choose and direct staff to add this to the ication. Staff would then need to come back to discuss that area within the General Zoning documents. ndy Rank, resident of Santa Ana Heights, noted the reference to residential kennel strict. Representing approximately 200 tenants at Palm Mesa noted that the RK strict zoning is a contentious issue. The kennel dog barking noise falls over the walls .d invades the residential areas. As part of the pre - zoning, this is an area that we would ,e to have an idea that the problem of dog barking is addressed. We want the kennel vners to somehow abate the barking noise. He did a noise study with a sound meter. fie noise level is supposed to be 50 decibels before 7 a.m. and from 7 a.m. to 10 p.m. it supposed to be 55 decibels. This is a contentious issue in the RMF zoning for the sidents. (he distributed a copy of his study) nmissioner Tucker asked if the zoning of the property allows kennels in the County. Lawrence answered that the kennels are on Riverside Drive and the area is zoned Commissioner Tucker noted that is the way we are bringing it in, as RK. What I hearing is an enforcement issue that they are not complying with what the Code Rank answered that is correct. When it was first brought in, it was designated that ✓een the hours of 9 p.m. and 7 a.m. there are definite limitations and requirements 1 kennel operators to keep the dogs quiet. Temple noted that the Newport Beach Noise Ordinance would apply upon the exation of these properties and it would be up to Newport Beach staff to implement enforcement that is required under the City's Code. Both the animal regulations and ununity noise and loud and unreasonable noise regulations would then apply and our le Enforcement staff would be responsible for enforcing these violations. Rank noted the dog noise and presented a list of kennels with the permit numbers. asked that the Commission address this annoyance through the enforcement. Banghard, operator of a Rebel Run Kennels on Riverside noted: The kennels have been there for about 35 years. The zoning of RK was changed from Al about 17 -18 years; the noise standard on the block is about 67 decibels due to the direct corridor of the airport. • Kennel owners try to keep the noise down; of course the weekend is more noisier because of dogs being boarded with vacations, etc. • We hope to cooperate and do what we can to keep people happy. I live in a house about 20 feet away and if there is noise, I go out to do what I can to keep the noise down. We operate under a use permit and license that is associated with the land and passes from one owner to another as the property changes hands. The noise impact study has been done several times. The last time was about 6 -7 years ago and it was approved as being the base line for the neighborhood. There are numerous studies and noise guidelines that have been done under which we operate the kennels. lic comment was closed. tion was made by Commissioner Tucker to recommend to City Council )roval of the General Plan and pre- zoning amendments for the annexation of �a 7 and the Emerson Street area pursuant to the attached resolution of the nning Commission. We also recommend that the Council adopt and certify Negative Declaration (GP2003- 005/CA2003 -006 and GP2003 -006 and CA •. Lawrence clarified that the motion included the edit of the attachment of ZA -1 page to change the 2,000 to 3,000 in the RMD District, and the addition of the request of Airport Land Use Commission review of any re- subdivision in the 65 CNEL to be :erted in the Specific Plan for Santa Ana Heights. e maker of the motion agreed mmissioner Eaton asked the maker of the motion to insert a floor area ratio provision in our existing MFR added to the RMF and RN. Lawrence stated that the County does not have a floor area restriction in this area >. Temple added that the City's conventional zoning districts operate under a floor arez io limit but there are many zoning districts, both conventional and Planned mmunity, that use a combination of coverage, setback and height limits and do not ve floor area ratios. It is not a universally applied development standard. mmissioner Tucker asked if the suggestion was something that was needed or can we without? iff has looked at the three standards and with the excevtion of the oven space J • • quirement we think we can adapt our existing multi family standards to the new istrict without the suggested changes. Lawrence added that there is in the multi family residential a floor area ratio of 1.75 aximum and that would also be appropriate to add in the RMD if you feel it is ecessary to have added control. The only maximum coverage in the present Zone Code my applies to the RA District and that is 40 %. Tucker noted that the property being annexed in generally would like to I commissioner e it come in the way it is presently zoned because that is the expectation of the existing roperty owners and that we will not change things on them. Ms. Temple noted that generally in these annexations, staff suggest development regulations that will as closely parallel existing regulations as possible within our framework. Commissioner Selich noted that this area should be brought in as it is and is not in favor of changing anything. Chairperson McDaniel noted that we should bring this in as it is. Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker Noes. None Absent. None Abstain: None Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a NOTKEOFPURKKUMG 12, 2003 to August 11, 8175 a,949- 644 -3235. resident of the County aforesaid I am NOTICE IS HEREBY GIVEN that the City 2003 for Area 7 and July Cathy Fisher, Deputy 19, 2003 to August 18, City Clerk, for taVonne 2003 , Council of the City of for the Emerson M. Harkless, City Clerk over the age of eighteen and not a Newport Beach will hold Area, as specified in the City of Newport Beach Previously- distributed years, , a public hearing on the Published Newport party to or interested in the below entitled application by the City Notices of Intent to Beach -Costa Mea Daily adopt the Negative Pilot January 3, matter. I am a principal clerk of the of Newport Beach for the following: Project PA 2003- 2004 Declarations. Copies of Sa529 the Negative Declaration — -- NEWPORT BEACH - COSTA MESA 144, inc lading: (I) Gane ral Plan Amend- and supporting docu- menu are available for DAILY PILOT, a newspaper of general meat GP 2003 -OOS and Code Amendment public review and in- spection at the Planning Department, City circulation, printed and published in the CA 2003 -006: General Plan Amendment, Pr- ¢zoning, Sphere of Newport Beach, 3300 Newport Boulevard, City of Costa Mesa, County of Orange Orange, of Influence Amendment, cad Annexation of the Newport Beach. Cali - fornia. 92663, or by State of California territory know as Araa 7 °, Including calling Larry Lawrence, the City's roe project ct man - and that attached ager for the Notice )s a true and complete co as p copy west Santa Ana . An Heights, the Santa Am above applications, at 949-661 - 8175 Country Club, and the was printed and published on the area south of Mesa NOTICE IS FURTHER GIVEN that a public following Drive to the City of Newport Beach; and (2) hearing has been dates- General Plan Amend- scheduled before the menf GP 2003 -006 and Coda Amendment City. Council on the 13th day of January 2004 CA 2003 -007: General in the Council Chambers Plan Amendment, Pr- of the Newport Beach ¢zoning, and Annex- City Hall, 3300 Newport often of the "Emerson Boulevard. Newport Street Arm". Beach, California, at NOTICE IS FURTHER which time and place GIVEN that Negative any and all persons January 2004 Y r Declarations have been interested may appear and be heard thereon. prepared by the City of Newport Beach in con- The City Council meeting cations with the appli- above. The begins at 7:00 m. P' However, the above Negatsnoted Negative Declaration states that the subject public hearing will be held sometime after the projects will not result start of the meeting due in a significant effect on other items on the the environment. I is the present intention n agenda. If you u challenge this Yoject declare, under penalty of perjury, that the City to accept the e project court, you may be limited to raising Negative Declaration and supporting documents. only those issues you or the foregoing is true and correct. This is not to someone else raised at be construed as either . the public hearing approval or denial by the described in this notice Executed City of the sublect applications. The Initial or in written corre- spondence delivered to on 7 J anuaa rV 2004 Stud Y /Negative Decla- the City at or prior to , at Costa Mesa, California. ration 30 -day public review Period was Julv the public hearing. For information, call 949-661 - Signature 7 NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application by the City of Newport Beach for the following: Project PA 2003 -149, including: (1) General Plan Amendment GP 2003-005 and Code Amendment CA 2003 -006: General Plan Amendment, Prezoning Sphere of Influence Amendment, and Annexation of the territory know as "Area 7 including West Santa Ana Heights, the Santa Ana Country Club and the area south of Mesa Drive to the City of Newport Beach and (2) General Plan Amendment GP 2003-006 and Code Amendment CA 2003-007: General Plan Amendment, Prezoning, and Annexation of the "Emerson Street Area ". NOTICE IS FURTHER GIVEN that Negative Declarations have been prepared by the City of Newport Beach in connection with the applications noted above. The Negative Declaration states that the subject projects will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject applications. The Initial Study/Negative Declaration 30 -day public review period was July 12, 2003 to August 11, 2003 for Area 7 and July 19, 2003 to August 18, 2003 for the Emerson Area, as specified in the previously- distributed Notices of Intent to adopt the Negative Declarations. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, or by calling Larry Lawrence, the City's project manager for the above applications, at 949 - 661 -8175. NOTICE IS FURTHER GIVEN that a public hearing has been scheduled before the City Council on the 13th day of January 2004 in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, NeATort Beach, California, at which time and place any and all persons interested may appear and be heard thereon. The City Council meeting begins at 7:00 p.m. However, the above public hearing will be held sometime after the start of the meeting due to other items on the agenda. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the public hearing. For information, call 949 - 661 -8175 or 949- 644 -3235. �o x 0. P. ►a 3u" o LaVonne M. Harkless, City Clerk 1 C, )),c WJ ) i a City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application by the City of Newport Beach for the following: Project PA 2003 -149 including: 1 General Plan Amendment GP 2003 -005 and Code Amendment CA 2003 -006: General Plan Amendment, Prezoning Sphere of Influence Amendment, and Annexation of the territory know as "Area 7" including West Santa Ana Heights, the Santa Ana Country Club and the area south of Mesa Drive to the City of Newport Beach, (2) General Plan Amendment GP 2003 -006 and Code Amendment CA 2003 -007: General Plan Amendment- Prezoning and Annexation of the "Emerson Street Area ". NOTICE IS FURTHER GIVEN that Negative Declarations have been prepared by the City of Newport Beach in connection with the applications noted above. The Negative Declaration states that the subject projects will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject applications. The Initial Study/Negative Declaration 30 -day public review period was July 12, 2003 to August 11, 2003 for Area 7 and July 19, 2003 to August 18, 2003 for the Emerson Area, as specified in the previously- distributed Notices of Intent to adopt the Negative Declarations. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, or by calling Larry Lawrence, the City's project manager for the above applications, at 949 - 661 -8175. NOTICE IS FURTHER GIVEN that a public hearing has been scheduled before the City Council on the 13th day of January 2004 in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. The City Council meeting begins at 7:00 p.m. However, the above public hearing will be held sometime after the start of the meeting due to other items on the agenda. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the public hearing. For information, call 949 - 661 -8175 or 949- 644 -3235. LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY GIVEN that the City Council of the City of Newport Beach will hold a puhlic hearing on the application by the Ciq of Newport Beach for the following: Project PA 2003 -149, including: (1) General Plan Amendment GP 2003 -005 and Code Amendment CA 2007 -006• General Plan Amendment, Prezoning, Sphere of Influence Amendment and Annexation of the territory know as "Area 7" including West Santa Ana Heights, the Santa Ana Country Club, and the area south of Mesa Drive to the City of Newport Beach; and (2) General Plan Amendment GP 2003 -006 and Code Amendment CA 2003 -007: General Plan Amendment Prezoning and Annexation of the "Emerson Street Area" NOTICE 1S FURTHER GIVEN that Negative Declarations have hem prepared by the City of Newport Beach in connection with the applications noted ahove. The Negative Declaration states that the suhject projects will not result in a significant effect on the environment It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to he construed as either approval or denial by the City of the suhject applications. The Initial Study/Negative Declaration 30-day puhlic review period was July 12, 2003 to August 11, 2003 for Area 7 and July 19, 2003 to August 18, 2003 for the Emerson Arm, as specified in the previous] y- distrihuted Notices of Intent to adopt the Negative Declarations. Copies of the Negative Declaration and supporting documents are availahle for puhlic review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, or by calling Larry Lawrence, the City's project manager for the shove applications, at 949 - 661 -8175. NOTICE 1S FURTHER GIVEN that a puhlic hearing has hem scheduled hefore the City Council on the 13th day of January 2004 in the Council Chamhets of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and he heard thereon. The City Council meeting hegins at 7:00 am. However, the ahovc puhlic hearing will he held sometime after the start of the meeting due to other items on the agenda. If you challenge this project in court, you may he limited to raising only those issues you or someone else raised at the puhlic hearing descrihed in this notice or in written correspondence delivered to the City at or prior to the puhlic hearing. For information, call 949 -661 -8175 or 949- 644 -3235. �La Vonn nne M. Hark less, City Cle w City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY GIVEN that the City Council of the City of Newport Beach will hold a puhlic hearing on the application by the City. of Newport Beach for the following: Project PA 2003 -149, including: (1) General Plan Amendment GP 2003 -005 and Code Amendment CA 2003 -006• General Plan AmendnamL Prezoning Sphere of Influence Amendment and Annexation of the territory know as "Area 7" includin West Santa Ana Heights, the Santa Ana Country Club, and the area south of Mesa Drive to the City of Newport Beach; and (2) General Plan Amendment GP 2003 -006 and Code Amendment CA 2003 -007: General Plan Amendment Prezoning and Annexation of the "Emerson Street Area" NOTICE 1S FURTHER GIVEN that Negative Declarations have hem prepared by the City of Newport Beach in connection with the applications noted ahove. The Negative Declaration states that the suhject projects will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to he construed as either approval or denial by the City of the suhject applications. The Initial Study/Negative Declaration 30 -day puhlic review period was July 12, 2003 to August 11, 2003 for Area 7 and July 19, 2003 to August 18, 2003 for the Emerson Area, as specified in the previously- distrihuted Notices of Intent to adopt the Negative Declarations. Copies of the Negative Declaration and supporting documents are availahle for puhlic review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, or by calling Larry Lawrence, the City's project manager for the ahove applications, at 949 -661 -8175. NOTICE 1S FURTHER GIVEN that a puhlic hearing has heen scheduled hefore the City Council on the 13th day of January 2004 in the Council Chamhers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and he heard thereon. The City Council meeting hegins at 7:00 p.m. However, the ahove puhlic hearing will he held sometime after the start of the meeting due to other items on the agenda. If you challenge this project in court, you may he limited to raising only those issues you or someone else raised at the puhlic hearing descrihed in this notice or in written correspondence delivered to the City at or prior to the puhlic heating. For information, call 949 - 661 -8175 or 949 - 644 -3235. c4�, LaVonne M. Harkless, City Clerk City of Newport Beach Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach, CA 92663 -3884 IMPORTANT PUBLIC HEARING NOTICE Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach, CA 92663 -3884 IMPORTANT PUBLIC HEARING NOTICE III 00 00 � m 4 � b v v� o�z Luc) m O m o z W U O d C7 H� x 0 �x a a SUSAN W. CASE, INC. OWNERSHIP LISTING SERVICE 917 Glenneyre Street, Suite 7 • Laguna Beach, CA 92651 PHONE (949) 494 -6105 • FAX (949) 494.7418 AREA 7 FILE # 1003870 OCTOBER 8 2003 119 200 11 SANTA ANA COUNTRY CLUB 20382 Newport Blvd Santa Ana CA 92707 119 200 17 SANTA ANA COUNTRY CLUB 20382 Newport Blvd Santa Ana CA 92707 119 200 33 J RAY SANDERSON & CARDINAL D 375 Bristol St Costa Mesa CA 92626 11q 200 36 NEWPORT COUNTRY INN & SUITE 355 Bristol St #A Costa Mesa CA 92626 119 200 39 STATE OF CALIFOI IA 2501 Pullman St Santa Ana CA 92705 119 200 13 EQUILON ENTERPRISES LLC PO Box 4369 Houston TX 77210 119 200 20 STATE OF CALIFORNIA 119-20034 NEWPORT COUNTRY INN & SUITE 355 Bristol St #A Costa Mesa CA 92626 119 200 37 ORANGE COUNTY FLOOD CONTR PO Box 4106 Santa Ana CA 92702 119 200 40 COUNTY OF ORANGE 4401 San Fernando Rd Glendale CA 91204 119 251 03 - 119 251 04 Patrick Tasson 2842 Irvine Ave S Edna Harrison Newport Beach CA 92660 2900 Irvine Ave Newport Beach CA 92660 119 251 06 119 251 07 Suzanne Yeiser Shigeru & Yumiko Takada 2916 Irvine Ave 2501 Anniversary Ln Newport Beach CA 92660 Newport Beach CA 92660 119251 09 119 251 10 Ali Bakhtiari Kent A Amy Snyder 2919 Paper Ln 2911 Paper Ln Newport Beach CA 92660 Newport Beach CA 92660 @0015101 a1e2owal asn 11920014 R & M Veady PO Box 1202 Bellflower CA 90707 119 200 21 SANTA ANA COUNTRY CLUB 20382 Newport Blvd Santa Ana CA 92707 119 200 35 DEYOUNG 355 Bristol St #C Costa Mesa CA 92626 119 200 38 COUNTY OF ORANGE 3100 Irvine Ave Newport Beach CA 92660 119 200 41 NEWPORT GOLF CLUB LLC 2025 W Balboa Blvd Newport Beach CA 92663 119 251 05 Elaine Tr Hyde PO Box 804 Pagosa Springs CO 81147 119 251 08 DSH FIRST FAMILY LTD PTNSHP 18151 Port Stanhope PI Newport Beach CA 92660 119 251 11 Miriam Landau 2212 Via Cerritos Palos Verdes Estates CA 90274 WIS1a945 paaj 430ows 11925112 11925113 11925114 Steven Strawn Gregory & Catherine Badum Nerses Gyumdzhyan 2901 Paper Ln 2900 Paper Ln 2904 Paper Ln Newport Beach CA 92660 Newport Beach CA 92660 Newport 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The Masters Cir Costa Mesa CA 92627 119 391 23 Jack & Ledeen Cozad 129 The Masters Cir Costa Mesa CA 92627 119 391 26 Fleet Tr White 193 Master Cir Costa Mesa CA 92627 119 391 29 Stacy Astor 316 Miller Ave #H Mill Valley CA 94941 119 391 32 Philip Tr Arnold 169 The Masters Cir Costa Mesa CA 92627 119 391 35 David Cain 1901 Brookshire v Costa Mesa CA 9 627 119 391 38 O Crank Sr. 145 The Masters Cir Costa Mesa CA 92627 119 391 41 Donald Ward 133 The Masters Cir Costa Mesa CA 92627 119 391 44 MONTAPERT ANTHONY 41 Royal Saint George R Newport Beach CA 92660 1R AVERY0 Address Labels 119 391 21 Harvey Gumaer 182 The Masters Cir Costa Mesa CA 92627 119 391 24 William Tate 196 Masters Cir Costa Mesa CA 92627 119 391 27 Robert Quartieri Redmond 189 The Masters Cir Costa Mesa CA 92627 119 391 30 GENTRYJEAN 177 The Masters Cir Costa Mesa CA 92627 119 391 33 D Dickerson Tr McCoy 165 The Masters Cir Costa Mesa CA 92627 119 391 36 Leslie Demille 20202 SW Cypress St Newport Beach CA 92660 119 391 39 Patricia Faust 141 The Masters Cir Costa Mesa CA 92627 119 391 42 WALSH SCHELLIE 717 Lido Park Dr Newport Beach CA 92663 119 391 45 MOULTRUP 117 The Masters Cir Costa Mesa CA 92627 119 391 22 Charlene Kass 188 The Masters Cir Costa Mesa CA 92627 119 391 25 GABRIEL 197 The Masters Cir Costa Mesa CA 92627 119 391 28 Jeffrey Cheng 185 The Masters Cir Costa Mesa CA 92627 119 391 31 Robert Tr Hoyt 173 The Masters Cir Costa Mesa CA 92627 119 391 34 Robert Tr Peelor 161 The Masters Cir Costa Mesa CA 92627 119 391 37 W Jack Van Rossem 149 Masters Cir Costa Mesa CA 92627 119 391 40 Stephen Tr Edith M T Robinson 137 The Masters Cir Costa Mesa CA 92627 119 391 43 WOLCOTT 125 The Masters Cir Costa Mesa CA 92627 119 391 46 Alvin Tr Blair 113 The Masters Cir Costa Mesa CA 92627 [acAr c -I 4nCw 439 091 13 439 091 14 439 09227 Jeffrey Clark WOODS B 439 091 15 319 University Dr 115 Apolena Ave WOODS B % . Costa Mesa CA 92627 Newport Beach CA 92662 115 Ap I na Ave'- -' 439 092 28 439 092 29 Ney�� Beach CA 92662 439 091 17 439 091 19 439 092 30 Jose Gomez Tr Amaya Alysia Borgman 439 092 01 335 University Dr 2596 Santa Ana A TOCHIKUBO YUKIKO Costa Mesa CA 92627 Costa Mesa CA 92 27 2648 Santa Ana Ave 439 092 22 439 092 23 92 23 Costa Mesa CA 92627 439 092 06 43909207 439 09227 VILORIA Kenneth Tr Fraser 439 092 08 27101 Burbank 25612 Willow Bnd HOUGHTON Foothill Ranch CA 92610 Lake Forest CA 92630 530 Pierpont Dr 439 092 28 439 092 29 Costa Mesa CA 92626 439 092 11 43909212 Samuel Mitchell Kenneth Crawford Tr Ja re Harold 13 s Sr. 324 Del Mar Ave 12681 Hinton Way �` Har Harvey Slier Costa Mesa CA 92627 330 University Or Santa Ana CA 92705 Costa Mesa CA 92627 439 092 16 439 092 17 439 09227 Henry Vasquez Loren Hanson 439 092 18 2605 Redlands Dr 2607 Redlands Or Robert & Rebecca Schwartz Costa Mesa CA 92627 Costa Mesa CA 92627 2611 Redlands Or 439 092 28 439 092 29 Costa Mesa CA 92627 439 092 19 43909220 439 092 30 Robert Schwartz 2611 Redlands Dr Robert & Michelle Spengler 43909221 Steen Jensen Costa Mesa CA 92627 10666 Westminster Ave 2615 Redlands Or Garden Grove CA 92843 Costa Mesa CA 92627 439 092 22 439 092 23 92 23 Frederick Scott SWA 439 092 24 2617 Redlands Dr 2619 Redlands D Or Clinton Hill Costa Mesa CA 92627 Costa Mesa CA 9r 2618 Redlands Dr _ Costa Mesa CA 92627 439 092 25 C McLaughlin 439 09226 439 09227 2616 Redlands Dr JOHNSON SUZANNE TR -OF DETHI Robert Isbell Costa Mesa CA 92627 2614 Redlands Or 2612 Redlands Or Costa Mesa CA 92627 Costa Mesa CA 92627 439 092 28 439 092 29 Raymond John Hubb d Michael Chavez 439 092 30 2610 Redlands Dr 2608 Redlands Or Weir Smith Costa Mesa CA 92627 Costa Mesa CA 92627 PO Box 2020 Laguna Hills CA 92654 439 092 31 439 092 34 Mackay & Diana Ramsay NOURSE PETER & C H 439 092 35 2604 Redlands Dr 2632 Santa Ana Ave ry Rorden n ve Costa Mesa CA 92627 Costa Mesa n 9 ve 344 Colleen PI Costa Mesa CA 92627 @091sjQj,ejel wajaso ct�aiacn�a.r snn i 439 092 39 439 092 40 439 092 41 Gregory Kaszynski NEW DIRECTIONS FOR WOMEN IN SOUZA ROBERT & M V 2603 Redlands Dr 2601 Willo Ln 2602 Santa Ana Ave Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 101 02 William & Gayl Bac 2658 Santa Ana Av Costa Mesa CA 926 7 439 101 05 George Watson PO Box 333 Newport Beach CA 92662 439 101 07 439 101 08 Gary Tr Hill Joseph & Rosemary Raventos 503 Kings Rd 907 W Bay Ave Newport Beach CA 92663 Newport Beach CA 92661 439 101 10 439 101 11 Jeff Schuster Woodrow Lewis 301 Mesa Dr PO Box 2286 Costa Mesa CA 92627 Newport Beach CA 92659 439 101 13 439 101 14 Jeffrey & Caren Atkins Yvonne Loud 1562 Mesa Dr 333 Mesa Dr Santa Ana CA 92707 Costa Mesa CA 92627 439 101 16 439 101 17 Raymond & Carmen Sipos Elizabeth McNulty 2681 Redlands Dr 2675 Redlands Dr Costa Mesa CA 92627 Costa Mesa CA 92627 439 101 19 439 101 20 William Lewis Roy Gray Jr. 2663 Redlands Dr 26086 Sotterley Heights Rd Costa Mesa CA 92627 Hollywood MD 20636 439 101 22 439 101 23 Blaine Tr Conk Genevieve Tr Slater 2645 Redlands Dr 2639 Redlands Dr Costa Mesa CA 92627 Costa Mesa CA 92627 439 101 25 439 101 26 nn John Vieira NVP COMMERCIAL It 2627 Redlands Dr 640 N Tustin Ave #103 Costa Mesa CA 92627 Santa Ana CA 92705 439 101 28 439 101 29 Robert Beard Maryanna Beard PO Box 1595 600 Michael PI Newport Beach CA 92659 Newport Beach CA 92663 009Ic io, al.eldwal ash 439 101 06 MILLER LESLEY 1662 Lorain Rd San Marino CA 91108 439 101 09 William Young 2696 Santa Ana Ave Costa Mesa CA 92627 439 101 12 William Baca 311 Mesa Dr #O Costa Mesa CA 92627 439 101 15 Robert &Jill Bland 2687 Redlands Dr Costa Mesa CA 926 7 439 101 18 HEAVERIN 2669 Redlands Dr Costa Mesa CA 92627 439 101 21 Amy Joanne Thornburg 2651 Redlands Dr Costa Mesa CA 92627 439 101 24 Rachael Tr Mallory 2633 Redlands Dr Costa Mesa CA 92627 439 101 27 Charles Karges 2626 Riverside Dr Costa Mesa CA 92627 439 101 30 Mark Correa 2644 Riverside Dr Costa Mesa CA 92627 wlSlaagS Paaj 4400tus 439 101 31 439 101 32 439 101 33 Gregory & Abbiegail Russell Ashley Pouryamini Nathan & Sally Mattson 2650 Riverside Dr ' 2656 Riverside Dr 2662 Riverside Dr Costa Mesa CA 92627 Costa Mesa CA 926 7 Costa Mesa CA 92627 439 101 34 Jeff & Kelly Sorensen 2668 Riverside Dr Costa Mesa CA 92627 439 101 37 Todd Becker 2686 Riverside Dr Costa Mesa CA 92627 439 101 40 BACK BAY CENTER LTD 414 Walnut Ave Huntington Beach CA 92648 439 10203 John & Ronda Fay 2686 Redlands Dr Costa Mesa CA 92627 439 10206 Michael Dobbs 2668 Redlands Dr Costa Mesa CA 92627 439 102 09 Natalia Robeson 2650 Redlands Dr Costa Mesa CA 92627 439 102 12 Minoru Nishimuta 2663 Riverside Dr Costa Mesa CA 92627 439 102 15 Karren Schaeffer 2681 Riverside Dr Costa Mesa CA 92627 439 102 18 Robert & Rebecca S artz 2699 Riverside Dr Costa Mesa CA 92627_ @091 toy -i.eld!wel ass 439 101 35 Id Samuel Anderson Jr. 2674 Riverside Dr Costa Mesa CA 92627 439 101 38 BARTON 2692 Riverside Dr Costa Mesa CA 92627 439 10201 Thomas Kalus 98 -192 Wilou St Aiea HI 96701 439 10204 Christopher Mahan 2680 Redlands Dr Costa Mesa CA. 92627 439 10207 Thomas Bailey 2662 Redlands Dr Costa Mesa CA 92627 439 102 10 Rita Tr Halter PO Box 11424 Costa Mesa CA 92627 439 102 13 John Manning 2669 Riverside Dr Costa Mesa CA 92627 439 102 16 BOLLINGER 2678 Riverside Dr Costa Mesa CA 92627 439 111 01 Erik & Nina Glassen 2597 Willo Ln Costa Mesa CA 92627 439 101 36 Adam Carleton 16262 Rascal Ln Huntington Beach CA 92649 439 101 39 Andrew Alan Lukei 2698 Riverside Dr Costa Mesa CA 92627 439 10202 Scott & Kuruoglu Guliz Thacher 2692 Redlands Dr Costa Mesa CA 92627 439 10205 Randy Gibeaut 2674 Redlands Dr Costa Mesa CA 92627 439 10208 Richard McFarland 2656 Redlands Dr Costa Mesa CA 92627 439 102 11 Janet Rosener - Ridley 2657 Riverside Dr Costa Mesa CA 92627 439 102 14 Peter John Gomez 2675 Riverside Dr Costa Mesa CA 92627 439 102 17 A W Jeffs 2693 Riverside Dr Costa Mesa CA 92627 439 111 02 Douglas Holgate 2595 Willo Ln Costa Mesa CA 92627 ,Nls139145; P994 LIIOO a4 439 111 03 439 111 04 MOFFETT Frank & Rena Demarzo 2593 Willo Ln 2591 Willo Ln Costa Mesa CA 92627 Costa Mesa CA 92627 439 111 06 439 111 07 Rose Mary Tr Longabardi Jennifer Tr Crandall 355 Grenoble Ln 2585 Willo Ln Costa Mesa CA 92627 Costa Mesa CA 92627 439 111 09 439 111 10 Terre[ Uhl Teresa Tr Patterson 2581 Willo Ln 2579 Willo Ln Costa Mesa CA 92627 Costa Mesa CA 92627 439 111 12 439 111 13 Anna Tr Phillips Gordon Stinman 2582 Willo Ln 2584 Willo Ln Costa Mesa CA 92627 Costa Mesa CA 92627 439 111 15 439 111 16 David & Lorelei Ramirez Michael McCashland 2588 Willo Ln 2590 Willo Ln Costa Mesa CA 92627 Costa Mesa CA 92627 439 111 18 439 111 19 Frederick Ischinger Nancy Tarnutzer 2594 Willo Ln 2596 Willo Ln Costa Mesa CA 92627 Costa Mesa CA 92627 439 111 23 439 111 25 James Buckner Jack Fletcher 3366 Rutgers Ave 2575 Irvine Ave Long Beach CA 908 8 Costa Mesa CA 92627 439 111 27 439 111 29 Raymond & Christina Olinger Herbert Hirashima 388 Granada Way 395 Granada Way Costa Mesa CA 92627 Costa Mesa CA 92627 439 111 33 439 111 34 Terumi Takata SILVER 397 Granada Way 8605 Solano Cir #1006C Costa Mesa CA 92627 Huntington Beach CA 92646 439 111 38 439 111 39 Laurie Rhodes Phyllis Georgino 381 Seawind Or 383 Seawind Or Newport Beach CA 92660 Newport Beach CA 92660 p0;:S iQj aleidwaj asn 439 111 05 Brian Carey 2589 Willo Ln Costa Mesa CA 92627 439 111 08 Peter & Amy Powell 6803 Foothill Blvd Tujunga CA 91042 439 111 11 Christian Morgan 2580 Willo Ln Costa Mesa CA 92627 439 111 14 Francis Patterson 2586 Willo Ln Costa Mesa CA 92627 439 111 17 Colby Newett 2592 Willo Ln Costa Mesa CA 92627 439 111 20 Thomas Blachford 2332 Tustin Ave Newport Beach CA 92660 439 111 26 MAS INVESTMENTS P 1560 Superior Ave #A2 Costa Mesa CA 92627 439 111 32 Richard Tr Campbell 2561 Irvine Ave Costa Mesa CA 92627 439 111 35 WRIGHT BARBARA 386 Granada Way Costa Mesa CA 92627 439 11140 William Bassett 385 Seawind Or Newport Beach CA 92660 wlS1a845 GaaA Il100ug 439 111 41 439 111 42 Jessica Ching Michael Tr Steiner 387 Seawind Dr 1560 Superior Ave #A2 Newport Beach CA 92660 Costa Mesa CA 92627 439 111 45 439 111 46 Susan McKeever t Jila Hakimi 396 Seawind Dr 394 Seawind Dr Newport Beach CA 92660 Newport Beach CA 92660 439 111 48 439 111 49 Michelle Masterenko Arthur Toll 390 Seawind Dr 388 Seawind Dr Newport Beach CA 92660 Newport Beach CA 92660 439 111 51 439 111 54 Alison Ruday James Buckner 384 Seawind Dr 4734 Blackthorne Ave Newport Beach CA 92660 Long Beach CA 90808 439 111 56 439 112 05 PACESETTER HOMES INC FICENEC HANA 384 Seawind Dr 2609 Willo Ln Newport Beach CA 92660 Costa Mesa CA 92627 439 11207 439 112 08 Estelle Olchin Tr Webb David Foster Tr Lyon 2613 Willo Ln 2615 Willo Ln Costa Mesa CA 92627 Costa Mesa CA 92627 439 112 10 439 112 11 Marc Colomb Timothy Reaves 2619 Willo Ln 2618 Willo Ln Costa Mesa CA 92627 Costa Mesa CA 92627 439 112 13 439 112 14 Gordon Haney Opaline Rabe 2614 Willo Ln 2612 Willo Ln Costa Mesa CA 92627 Costa Mesa CA 92627 439 112 16 439 112 17 Allen Edward Holley Jr. Aaron Thompson 2608 Willo Ln 2606 Willo Ln Costa Mesa CA 92627 Costa Mesa CA 92627 439 112 19 439 112 22 Michael Tr Steiner Nancy Tr Waddell 1560 Superior Ave #A2 384 University Dr Costa Mesa CA 92627 Costa Mesa CA 92627 009GS:a; aI.ejdwal asn 439 111 44 Joseph Gray 398 Seawind Dr Newport Beach CA 92660 439 111 47 Sandra Medina 26632 Avenida Deseo Mission Viejo CA 92691 439 111 50 Judith Mae Chapel 386 Seawind Dr Newport Beach CA 92660 439 111 55 James Buc� n� 4734 Blackthorne ve ., Y LonOeach CA 90808 439 112 06 Rickard Dahlberg 2611 Willo Ln Costa Mesa CA 92627 439 112 09 Charles & S C Davenport III 2617 Willo Ln Costa Mesa CA 92627 439 112 12 Dan Carney 2616 Willo Ln Costa Mesa CA 92627 439 112 15 Doris Harrison 2610 Willo Ln Costa Mesa CA 92627 439 112 18 Gregory & Suzette Kontra 2604 Willo Ln Costa Mesa CA 92627 439 112 23 Helen Kirkpatrick 388 University Dr Costa Mesa CA 92627 wa S133E[C; 5634 U100W(Z 439 11224 439 11225 439 112 26 NEWPORT HARBOR MONTESSORI KEZAR THOMAS & CAROL Terrence Dowell 398 University Dr 709 Cliff Dr 389 Mira Loma PI Costa Mesa CA 92627 Laguna Beach CA 92651 Costa Mesa CA 92627 439 11227 Kenneth Tr Lindberg 385 Mira Loma PI Costa Mesa CA 92627 439 11230 Bill Lupis 386 Mira Loma PI Costa Mesa CA 92627 439 11237 Paul Caputo 380 La Canada Way Costa Mesa CA 92627 439 11248 Jorge Guerra 390 La Canada Way Costa Mesa CA 92627 439 11251 NEW DIRECTIONS FOR WOMEN IN 2601 Willo Ln Costa Mesa CA 92627 439 121 05 Donald Spengler 10666 Westminster Ave Garden Grove CA 92843 439 121 09 Albert Tr Cranston 328 Monte Vista Ave Costa Mesa CA 92627 439 121 12 Lester Zeff 2513 Davis PI Costa Mesa CA 92627 439 121 16 Anita Tr Maher 2514 Davis PI Costa Mesa CA 92627 (Dg'?9LS iol a;c�dtua; Inn 439 11228 Ernest John & Marie Carolyn Fresque 380 Mira Loma PI Costa Mesa CA 92627 439 11235 Robert Lawson 385 La Canada Way Costa Mesa CA 92627 439 11238 David & Amy Medina 386 La Canada Way Costa Mesa CA 92627 439 11249 NEW DIRECTIONS FOR WOMEN IN 2601 Willo Ln Costa Mesa CA 92627 439 11252 M A S INVESTMENTS LP 1560 Superior Ave #A2 Costa Mesa CA 92627 439 121 06 Paul Tr Troegner 2401 Via Marina Newport Beach CA 92660 439 121 10 Lars Erik Ljungh 332 Monte Vista Ave Costa Mesa CA 92627 439 121 13 Diana Bong 2515 Davis PI Costa Mesa CA 92627 439 121 17 Thad Olson 2512 Davis PI Costa Mesa CA 92627 439 11229 Duong Nguyen 384 Mira Loma PI Costa Mesa CA 92627 439 112 36 Timothy Hendy 379 La Canada Way Costa Mesa CA 92627 439 11245 Allison Tr Deans 389 La Canada Way Costa Mesa CA 92627 439 11250 Marvin Morris 388 Mira Loma PI Costa Mesa CA 92627 439 121 01 Dennis Fulton 28432 Calle Pinata San Juan Capistrano CA 92675 439 121 08 G Tr Woods Jr. 115 Apolena Ave Newport Beach CA 92662 439 121 11 DUKET 2511 Davis PI Costa Mesa CA 92627 439 121 15 Cliff Raitz 2516 Davis PI Costa Mesa CA 92627 439 121 18 Fred Mangel 336 Monte Vista Ave Costa Mesa CA 92627 11s1aauc 0EN?4 u100wc 439 121 19 439 121 20 439 121 21 Sharon Holstein Roy Ikeda SCHOOL COSTA MESA UNION DIST 340 Monte Vista Ave' 350 Monte Vista Ave PO Box 1368 Costa Mesa CA 92627 Costa Mesa CA 92627 Newport Beach CA 92659 439 121 29 439 121 34 43919223 Gerral t BACK BAY VILLAGE HOMEOWNER Marilyn Tr Riddle PO Box 2671 PO Box 14296 17752 Sky Park Cir #120A Newport Beach CA 92659 Irvine CA 92623 Irvine CA 92614 439 19224 439 192 25 439 19226 John & Catherine Cottrill Sammy Jo Bradtl JOHNSON PALMER & D 283 Del Mar Ave 18332 Mount Cherie Cir 18886 Persimmon Cir Costa Mesa CA 92627 Fountain Valley CA 92708 Fountain Valley CA 92708 439 19227 439 19228 439 19229 Grace Tr Donati Rita Tr Jacques Richard Fallon 299 Del Mar Ave 2589 Santa Ana Ave 2583 Santa Ana Ave Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 19230 L 439 19231 439 19232 SCI COMPANIES LLC SA AVENUE PARTNE Ernest Tr Kostlan 2575 Santa Ana Ave 2571 -2 Santa Ana Ave 11 106 Via Dijon Lido Isle Costa Mesa CA 92627 Costa Mesa CA 92627 Newport Beach CA 92660 439 19233 439 19234 439 19235 Ryan Tr Shupp PITA NIKKSTAR INVESTMENTS LTD PAR 21911 Summerwind Ln 2821 Tucker Ln 118 S Dianthus St Huntington Beach CA 92646 Los Alamitos CA 90720 Manhattan Beach CA 90266 439 19241 439 19242 439 19243 Nikolai Tr Zemtsev Terry & Wendy Johnson Valerie Durant 2315 Maurice Ave 25191/ Santa Ana Ave 2519 Santa Ana Ave La Crescenta CA 91214 Costa Mesa CA 92627 Costa Mesa CA 92627 439 19244 439 192 45 439 192 46 Anthony Allan Smerko Dean Stewart Jay Buchanan 2517 Santa Ana Ave 251 Mesa Dr #E 8403 Sagle Rd Costa Mesa CA 92627 Costa Mesa CA 92627 Sagle ID 83860 439 19247 439 19248 439 192 49 David Benvenuti Rolf Hoevel Nellie Tr Jensen 106 Linda Isle 2515 Santa Ana Ave 10742 La Dona Dr Newport Beach CA 92660 Costa Mesa CA 92627 Garden Grove CA 92840 439 19301 439 19302 439 19303 Bobby & Gina Crivello Christopher Brown Diane Allen 2545 Santa Ana Ave #F 2545 Santa Ana Ave #E 2545 Santa Ana Ave #D Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 @0915 jol alejdwel ash 919aue aaaj u�nrreric 439 193 04 439 19305 439 19306 Robert Lachner Darrin Furches Nikolaos & Heather Hatzis 2545 Santa Ana Ave #C 2545 Santa Ana Ave #B 2545 Santa Ana Ave #A Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 19307 439 19308 Linda Winston Jack Santiago 16682 Charles Ln 2545 Santa Ana Ave #L Huntington Beach CA 92647 Costa Mesa CA 92627 439 193 10 439 193 11 Todd Barnett ENGLEBRECHT BRUCE 2545 Santa Ana Ave #J PO Box 1067 Costa Mesa CA 92627 Newport Beach CA 92659 439 193 13 439 193 14 PACIFIC COLLECTION MEOWNE Samer El -Ariss 1936 E Deere Ave 2527 Santa Ana Ave Santa Ana CA 92705 Costa Mesa CA 92627 439 193 16 439 193 17 Diane Waters James Stevenson 2531 Santa Ana Ave 2533 Santa Ana Ave Costa Mesa CA 92627 Costa Mesa CA 92627 439 193 19 439 193 20 Paul Barrett Tyrone Condon 2535 Santa Ana Ave #B 2535 Santa Ana Ave #C Costa Mesa CA 92627 Costa Mesa CA 92627 439 19322 439 19323 John McCullough II John Brazelton 2539 Santa Ana Ave 2541 Santa Ana Ave Costa Mesa CA 92627 Costa Mesa CA 92627 439 201 01 439 201 02 Lee Beard Jackson Douglas Jr. 256 Del Mar Ave 2605 Westminster PI Costa Mesa CA 92627 Costa Mesa CA 92627 439 201 04 439 201 05 David Gardner Timothy & Patricia Clark 2611 Westminster PI 2617 Westminster PI Costa Mesa CA 92627 Costa Mesa CA 92627 439 201 07 439 201 08 Ralph Whitford Christopher Winkle 2625 Westminster PI 2629 Westminster PI Costa Mesa CA 92627 Costa Mesa CA 92627 ©199 cl ni - ,gdwaj asn 439 19309 Joseph Machado 2545 Santa Ana Ave #K Costa Mesa CA 92627 439 193 12 William Scott Tr Redman 2545 Santa Ana Ave #G Costa Mesa CA 92627 439 193 15 Edgar Zeledon 2529 Santa Ana Ave Costa Mesa CA 92627 439 193 18 Robert Nolan 5109 E La Palma Ave #D Anaheim CA 92807 439 19321 John Gonzalez 2537 Santa Ana Ave Costa Mesa CA 92627 439 19324 MESA BUNGALOWS HOMEOWNER 2541 Santa Ana Ave Costa Mesa CA 92627 439 201 03 Charles Beek 2609 Westminster PI Costa Mesa CA 92627 439 201 06 Donald Tr Ferling 2621 Westminster PI Costa Mesa CA 92627 439 201 09 Addie Tr Chipman 2645 Westminster PI Costa Mesa CA 92627 ,N S;aa4S RaaJ 410ows 439 201 10 439 201 11 439 201 12 WALTER James Stowell Donald Tr Chandler 2647 Westminster Pl' 2648 Westminster PI 2642 Westminster PI Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 201 13 439 201 14 439 201 15 Mark Correa Denski Jean Tr Ru Scot Lindsay 2628 Westminster PI 2624 Westminster PI 2620 Westminster PI Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 201 16 439 201 17 439 201 18 James Tr Tuminello Gary Goemer Philip Chipman 2618 Westminster PI 2616 Westminster PI 2612 Westminster PI Costa Mesa CA 9262 -7 - -- Costa Mesa CA 92627 Costa Mesa CA 92627 439 201 19 Patrick Tallon 439 201 20 Roy & Emerson Susan Pizarek 439 201 21 Charles Chen 264 Del Mar Ave 1923 Whittier Ave 3751 Quiet Cv Costa Mesa CA.92627 Costa Mesa CA 92627 Corona Del Mar A92625 439 201 22 439 201 23 439 201 25 HABITAT FOR HUMANITY ORANGE HABITAT FO MANITY O ^E STONEMAN RICHARD & C A 2165 S Grand Ave 2165 S r d Ave ` 415 Pirate Rd Newport Beach CA 92663 Santa Ana CA 92705 S-_ _ .. Ana CA 92705 439 201 26 439 201 27 439 201 30 Ralph Tr Bonds Donald Spengler Corey Donaldson 2615 Santa Ana Av 10666 Westminster Ave 1927 Harbor Blvd #610 Costa Mesa-CA 926 7 Garden Grove CA 92843 Costa Mesa CA 92627 439 201 31 439 201 32 439 201 33 Michael Riggio Carol Henden Richard Erickson 2641 Santa Ana Ave 21 Winterhaven 2653 Santa Ana Ave Costa Mesa CA 92627 Irvine CA 92614 Costa Mesa CA 92627 439 201 34 439 201 35 439 201 36 Stephen Lathrop Humphrey Alvaro Aguilar Patricia Diane Tr Snyder 2659 Santa Ana Ave 285 Santo Tomas St 281 Santo Tomas St Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 201 37 439 201 38 439 201 39 Damon Grant Van Oostendorp COUTE & CO BALLARD 277 Santo Tomas St 4 Upper Newport Plz #1 12911 Malena Dr Costa Mesa CA 92627 Newport Beach CA 92660 Santa Ana CA 92705 439 201 40 439 201 41 439 201 42 Kevin Bushby Nancy Hale WILSON WINIFRED 263 Santo Tomas Ave 2004 Rosecrans St 138 E 18th St Costa Mesa CA 92627 San Diego CA 92106 Costa Mesa CA 92627 X0915 ja; ajeldwaz ash — slaauc naal uinnusc 439 201 43 439 201 44 439 201 45 Greg Santistevan Evelyn Bickar Catherine Mitchell 257 Santo Tomas Ave 2601 Santa Ana Ave #D 2601 Santa Ana Ave #A Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 201 46 439 201 47 439 201 48 Michael Lutfy Thomas Batey Derek Gebo 2601 Santa Ana Ave 2601 Santa Ana Ave #C 2601 Santa Ana Ave #B Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 202 01 439 202 02 439 202 03 Damon & Pam Vanodstendorp Richard Ruffini Jeanine Megonigal 250 Santo Tomas St 256 Santo Tomas St 260 Santo Tomas St Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 202 04 439 202 05 439 202 06 Joyce Tr Shipley Stephen Michael Tr Plesa James Williams 262 Santo Tomas Ave 264 Santo Tomas Ave 1600 Dover Dr Costa.Mesa CA 92627 Costa Mesa CA 92627 Newport Beach CA 92660 439 202 07 439 202 08 439 202 09 Betty Tr Tong Robert Harvey Lisa Breneman 278 Santo Tomas St 280 Santo Tomas St 179 Rochester St Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 202 10 439 202 11 439 202 12 Robert & Pat Langsam James Breen Charles Powell 294 Santo Tomas St 2669 Santa Ana Ave 2673 Santa Ana Ave Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 202 13 439 202 14 439 202 15 Ronald Paul Stan Mortensen David Bedell 2677 Santa Ana Ave 2683 Santa Ana Ave 2689 Santa Ana Ave Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 d39 202 16 439 202 17 439 202 23 John Mathys John Goodman Ella Jonsson 299 Mesa Dr 295 Mesa Dr 2149 Shelley St Costa Mesa CA 92627 Costa Mesa CA 92627 Placentia CA 92870 439 203 01 439 203 02 439 203 03 Helen Talesh Martha Ikemori Jesse Howell Jr. 278 Carefree Ln 282 Carefree Ln 286 Carefree Ln Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 203 04 439 203 05 439 203 06 Chi -Houng & Ying Chen Paul & Vida Vazin George Gazarian PO Box 539 294 Carefree Ln 298 Carefree Ln Tustin CA 92781 Costa Mesa CA 92627 Costa Mesa CA 92627 @09tS iol;jeldwal aSil Wi-SIG S Paaj MOWS 439 203 07 439 203 08 Michael & Juanita Guidotti MAKENA 299 Carefree Ln 1 301 Broadway Costa Mesa CA 92627 Costa Mesa CA 92627 439 203 10 439 203 11 DAVIDSON LYNNE ± Michael & Melissa Mullane 287 Carefree Ln 283 Carefree Ln Costa Mesa CA 92627 Costa Mesa CA 92627 43921321 43921322 Jim & Janet Stoneman Donald Baker 2218 Margaret Dr 207 Mesa Dr Newport Beach CA 92663 Costa Mesa CA 9 627 439 213 24 TALLON 439 213 2 / TALLO PO Box 795 PO ox 795 Springville CA 93265 S ringville CA 93265 439 213 27 439 213 28 Eugene Edwards DEGENNARO LEONARD & J L 231 Mesa Dr 2687 Club Mesa PI Costa Mesa CA 92627 Costa Mesa CA 92627 439 213 30 439 213 31 Mary Louise Williamson Peter Warren 2677 Club Mesa PI PO Box 5474 Costa Mesa CA 92627 Newport Beach CA 92662 439 213 41 439 213 42 Jason Mowery Michele Anderson 2678 Club Mesa PI 2682 Club Mesa PI Costa Mesa CA 92627 Costa Mesa CA 92627 439 213 44 439 213 45 Sally Brummett Hugh Ster 241 Mesa Dr 245 Mesa Dr #A -C Costa Mesa CA 92627 Costa Mesa CA 92627 439 214 01 439 214 02 Patrick & Kimberly Kunody Victoria Sweeney 251 Mesa Dr #A 251 Mesa Dr #B Costa Mesa CA 92627 Costa Mesa CA 92627 439 214 04 439 214 05 Robert & Tiffanie Bacon Dean Stewart 251 Mesa Dr #D 251 Mesa Dr #E Costa Mesa CA 92627 Costa Mesa CA 92627 Ca9 .iot aj,21dwe7 esn 439 203 09 Paul Vazin 1245 E Watson Center Rd Carson CA 90745 439 203 12 Michael Kalman PO Box 9721 Newport Beach CA 92658 439 213 23 Dennis Griffon 1695 Palau PI Costa Mesa CA 92626 439 213 26 Carol Hurst 227 Mesa Dr Costa Mesa CA 92627 439 213 29 Dorothy Jackson 2683 Club Mesa PI Costa Mesa CA 92627 439 213 40 Ronald Adams 2672 Club Mesa PI Costa Mesa CA 92627 439 213 43 Elsa Hart 2692 Club Mesa PI Costa Mesa CA 92627 439 213 50 Paul Mosley 244 Santo Tomas A Costa Mesa CA 92627 439 214 03 Ellen Amlie - Hatfield 251 Mesa Dr #C Costa Mesa CA 92627 439 214 06 Richard & Andrea Bobinski 251 Mesa Dr #F Costa Mesa CA 92627 9)Z3t1C 6334 U100 UC 439 214 07 439 214 08 439 214 10 Kenneth & Abedeen Dalaih ulhall Robert & Patricia Euzarraga Robert & Patricia Euzarraga 251 Mesa Dr #G 251 Mesa Dr 251 Mesa Dr Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 214 11 Robert & 439 215 01 439 215 02 Patricia Euzarr 251 Mesa David & Taja Hughes John & Melinda Perry Costa Mesa CA 92627 2680 Orange Ave #J 2680 Orange Ave #H Costa Mesa CA 92627 Costa Mesa CA 92627 439 215 03 439 215 04 439 215 05 William Thomas Rainey III Valerie Barrett Amerigo Cerolini PO Box 15243 2680 Orange Ave #F 1603 Arch Bay Dr Santa Ana CA 92735 Costa Mesa CA 92627 Newport Beach CA 92660 439 215 06 439 215 07 439 215 08 Michael & Deanna Oheany Raymond Tr Irving Sheila Torrence 2680 Orange Ave #B 2680 Orange Ave #C 2680 Orange Ave #D Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 215 09 439 215 10 439 215 11 Mark Savage BRIGGS SAVAGE PARTNERS LP Gregory Mikulin 2680 Orange Ave PO Box 6548 -220 2676 Orange Ave #A Costa Mesa CA 92627 Orange CA 92613 Costa Mesa CA 92627 439 215 12 439 215 13 439 215 14 David Kay Sean & Tracy Stier Joseph Fischman 2676 Orange Ave #B 2676 Orange Ave #C 2676 Orange Ave #D Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 215 15 439 215 16 439 221 18 PETERS BELLE ISLE COMMUNITY ASSN GOLDSTEIN 2676 Orange Ave 1720 Skylark Ln 16502 Loire Cir Costa Mesa CA 92627 Newport Beach CA 92660 Huntington Beach CA 92647 439 221 19 439 221 20 439 221 21 PALA MESA II LTD Marge Lea Andrew & Jill Carney 2 Corporate Park #202 2686 Elden Ave 151 Mesa Dr Irvine CA 92606 Costa Mesa CA 92627 Costa Mesa CA 92627 439 221 24 439 221 25 439 221 27 RICE THOMAS Thomas Tr Rice Maria G Madigan 173 Mesa Dr 173 Mesa Or PO Box 568 Costa Mesa CA 92627 Costa Mesa CA 92627 Cypress CA 90630 439 221 28 439 221 29 439 221 32 Temir Sacuy Temir Sacuy ORANGE AVENUE LP & 191 Mesa Dr PO Box 611 23232 Peralta Dr #105 Costa Mesa CA 92627 Corona Del Mar CA 92625 Laguna Hills CA 92653 pogTS n, a}eldwa} ash wls }aat{S Raab U]oowc 439 222 01 439 222 02 Massimo Tr Pain JORGENSEN MAREN 179 Mesa Dr 179 Mesa Dr #B Costa Mesa CA 92627 Costa Mesa CA 92627 439 222 04 439 222 05 Irene Lock TORRES KATHLEEN 179 Mesa Dr #D 179 Mesa Dr Costa Mesa CA 92627 Costa Mesa CA 92627 439 222 07 439 241 01 CLUB COUNTRY ESTATES COMMU Marcella Pardo 20472 Santa Ana Ave Santa Ana CA 92707 439 241 03 439 241 04 Robert McCormick Dunn Voyer PO Box 3275 20442 Santa Ana Ave Newport Beach CA 92659 Santa Ana CA 92707 439 241 06 439 241 07 G Tr Woods Jr. Tod Tr Ridgeway 1665 Placentia Ave 1400 W Bay Ave Costa Mesa CA 92627 Newport Beach CA 92661 439 241 09 439 241 10 COUNTRY CLUB CONVALESCENT Andres Tr Padron 20362 Santa Ana Ave 9729 Avenida Monterey Santa Ana CA 92707 Cypress CA 90630 439 241 13 439 241 14 ORCHARD STREET TRUST George Tr Forteville 2821 Tucker Ln 2183 Tustin Ave Los Alamitos CA 90720 Costa Mesa CA 92627 439 241 16 439 241 17 MSB PROP LLC \,� Anton Mucia 3282 Falkland Cir — 1602 Orchard Dr Huntington Beach CA 92649 Santa Ana CA 92707 439 241 19 439 241 20 Adel Bissada PALM MESA LTD 1616 Orchard Dr 3250 Ocean Park Blvd #375 Santa Ana CA 92707 Santa Monica CA 90405 439 241 31 439 241 32 Anthony Ruiz Ted Nichols 20321 Riverside Dr 20322 Riverside Dr Santa Ana CA 92707 Santa Ana CA 92707 Oa 0915 104 o}eidwal es(j 439 222 03 John Haight 179 Mesa Dr #C Costa Mesa CA 92627 439 222 06 Michele Johnson 179 Mesa Dr #F Costa Mesa CA 92627 439 241 02 Dale Kalwitz 20462 Santa Ana Ave Santa Ana CA 92707 439 241 05 George & Patricia Yellich 1701 Cliff Dr Newport Beach CA 92663 439 241 08 COUNTRY CLUB COVALESCENT H 20362 Santa Ana Ave Santa Ana CA 92707 439 241 11 MASSONI MICHAEL TODD'S PO Box 736 Palo Cedro CA 96073 439 241 15 George Tr Fortville 2183 Tustin Ave Costa Mesa CA 92627 439 241 18 Edmund Tr Fitterer 1836 Newport Hills Dr E Newport Beach CA 92660 439 241 30 Bridget Tr Marquart 20331 Riverside Dr Santa Ana CA 92707 439 241 33 Sherry Mulligan 20301 Riverside Dr Santa Ana CA 92707 !=j 115n.n Ffl ` 439 241 34 439 241 35 Gary Anderson John Littell 20291 Riverside Dr 20281 Riverside Dr Santa Ana CA 92707 Santa Ana CA 92707 439 241 37 439 241 38 Carol McFarland -Reaga Fred Schenck 21331 Seaforth Ln 1624 Orchard Dr Huntington Beach CA 92646 Santa Ana CA 92707 439 251 01 439 251 02 NEWPORT BAY TERRACE LLC Lonnie Leatha Maurer 2001 BayadereTer 20332 Riverside Dr Corona Del Mar CA 92625 Santa Ana CA 92707 439 251 04 439 251 05 Robert Tr Banghart Grace Lamoreaux 20312 Riverside Dr 20302 Riverside Dr Santa Ana CA 92707 Santa Ana CA 92707 439 251 07 439 251 08 Harold & Joann Greenberg Lester Hahs 20282 Riverside Dr 1662 Orchard Dr Santa Ana CA 92707 Santa Ana CA 92707 / n 439 251 10 / 439 251 11 Lester Ha is ` ` Jeffrey & Susan Wright 1662 Orchard Dr 1690 Orchard Dr Santa Ana CA 92707 Santa Ana CA 92707 439 251 13 439 251 14 David Roth Eric Vonherzen 1694 Orchard Dr 20271 Kline Dr Santa Ana CA 92707 Santa Ana CA 92707 439 251 16 439 251 17 Richard Counts Shu -Shun & Wang Ling Lee 20291 Kline Dr 8815 Sari Ave Santa Ana CA 92707 Northridge CA 91343 439 251 19 439 251 20 Shu- Shun'Lee Shu -Shun Lee 8815 Sari Ave,' ;' 8815 Sari Ave NorKridge CA 91343 Northridge CA 91343 439 251 22 439 251 23 Dianne Rupp Claudio Garcia 20322 Kline Dr 19296 Kline Dr Santa Ana CA 92707 Santa Ana CA 92707 ®o9151oj ajeldwal ash 439 241 36 Alfred Christensen III 3908 Channel PI Newport Beach CA 92663 439 241 40 SANTA ANA HEIGHTS HOUSING PA 18201 Von Karman Ave Irvine CA 92612 439 251 03 Ted & Judith Nichols 20322 Riverside Dr Santa Ana CA 92707 439 251 06 Jean Leech 20292 Riverside Dr Santa Ana CA 92707 439 251 09 Lester Hahs _ 1662-6rchard IS !Santa Ana CA 92707 439 251 12 Laurence Tr Dresser 1692 Orchard Dr Santa Ana CA 92707 439 251 15 Jeffrey Schneidewind 20281 Kline Dr Santa Ana CA 92707 439 251 18 Shu -Shun Lee 8815 Sari Ave Northridge CA 91343 439 251 21 Ailene Golson 20282 Kline Dr Santa Ana CA 92707 439 251 24 Jose Partida 20302 Kline Dr Santa Ana CA 92707 w slaa45 RaaA 4160wS 439 301 25 439 301 26 439 301 27 Mildred Tr Burtnett Steven Callahan Edward & Suna Yoo 2510 University Dr 1940 Windward Ln 2516 University Dr Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 439 301 28 439 301 29 439 301 30 Ruby Maruyama l Michael Parisi Marilyn Tr Gramwall 3 Rangeview Cir 2518 University Dr 2520 University Dr Lakewood CO 80215 Newport Beach CA 92660 Newport Beach CA 92660 439 301 31 439 301 32 439 301 33 Cou Gloria Madsen Robert Joseph Moralice 2522 University Dr 2524 University Dr 2526 University Dr Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 439 311 06 439 311 09 439 312 01 SIBLING ASSOCIATES SIBLING ASSOCIATES PHOENIX ENTERPRISES 2699 White Rd #150 2699 W ite Rd #150 15303 Ventura Blvd #900 Irvine CA 92614 Irvipe'CA 92614 Sherman Oaks CA 91403 439 312 02 439 312 03 439 312 �ENTISES At Back Bay Apts Missions PHOENIX E RISES PHOENI777 S California Ave 1�5303,< ura Blvd #900 15303 V Palo Alto CA 94304 S e man Oaks CA 91 Sherman Oaks CA 91403 439 312 07 439 312 08 439 312 10 PHOENIX ENTEERPRIStS Yi Ho Tr Huang Vasilios Tr Rigas 15303 Ventura Blvd #900 4551 Pinyon Tree Ln 30 Point Loma Dr See; Oaks CA 91403 irvine CA 92612 Corona Del Mar CA 92625 439 312 11 312 12 439 312 13 MESA CONSOLIDATED WATER DIS Yi r yak At Back Bay Apts Missions 1965 Placentia Ave 4551 my ee Ln 777 S California Ave Costa Mesa CA 92627 tine CA 92612 Palo Alto CA 94304 439 321 01 Forrest Tr Drain 1072 SE Bristol St Santa Ana CA 92707 439 321 02 Forrest & Beth Drain 1065 N Pacificenter Anaheim CA 92806 439 321 04 439 321 05 SLUSHER SECOND FAMILY LTD PA C & D PROPERTIES 8 Morning Dove 20151 SW Birch St #250 Laguna Niguel CA 92677 Newport Beach CA 92660 439 321 07 CD PROP 1816 Buttonshell Ln Newport Beach CA 92660 439 321 08 William Radovich 1206 SE Bristol St Santa Ana CA 92707 439 321 03 SANTA ANA HGTS WATER CO 15600 Sand Canyon Ave Irvine CA 92618 43.9 321 06 C & D-PR9R IES 2015 Birch St 250 - Ne port Beach CA 92660 439 431 01 David Nowlan 273 Mesa Dr #B Costa Mesa CA 92627 n09t51w aleldw3i esn - Isaaauc Daai t!ioouic 439 431 14 439 431 15 Phillip Kneip Charles Sharkey 289 Mesa Dr 287 Mesa Dr Costa Mesa CA 92627 Costa Mesa CA 92627 439 431 17 439 431 18 Deborah Anne Woods 439 431 02 439 431 03 439 431 04 William Kramer David Beckham Scott Poncher 273 Mesa Dr #A 271 Mesa Dr 269 Mesa Dr Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 431 05 43943106 439 431 07 Don Hunt ± MESA DR ESTATES COMMUNITY A Satwinder Singh 267 Mesa Or 151 Kalmus Dr #M2 283 Mesa Dr Costa Mesa CA 92627 Costa Mesa CA 92626 Costa Mesa CA 92627 439 431 08 439 431 09 439 431 10 Thomas Logan SCHADER Andrew Stuart Martin 285 Mesa Dr 281 Mesa Dr 279 Mesa Dr Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 431 11 439 431 12 439 431 13 Jeff Yarchever William Hall John Korinetz 277 Mesa Dr 293 Mesa Dr 291 Mesa Dr Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 439 431 14 439 431 15 Phillip Kneip Charles Sharkey 289 Mesa Dr 287 Mesa Dr Costa Mesa CA 92627 Costa Mesa CA 92627 439 431 17 439 431 18 Deborah Anne Woods Judith Booker 2885 Fairview Rd #H204 265 Mesa Dr Costa Mesa CA 92626 Costa Mesa CA 92627 439 431 20 439 431 21 Patricia Houk Gary Carl Tr Chung 265 Mesa Dr #C 265 Mesa Dr #B Costa Mesa CA 92627 Costa Mesa CA 92627 439 431 23 930 094 01 MESA VILLAS HOA Stephen & Sabrina Rhoden PO Box 551 300 Cutter Way Newport Beach CA 92661 Costa Mesa CA 92627 930 094 03 930 094 04 Patricia Boris Chris Buyvid 304 Cutter Way 306 Cutter Way Costa Mesa CA 92627 Costa Mesa CA 92627 930 094 06 930 097 58 Paul Anselmo Donna Thomas 433 Wilcox Ct 2626 Santa Ana Ave #1 De Pere WI 54115 Costa Mesa CA 92627 439 431 16 MORGAN DEVELOPMENT INC 480 Old Newport Blvd Newport Beach CA 92663 439 431 19 D Jeffrey Haupt 265 Mesa Dr #D Costa Mesa CA 92627 439 431 22 Janet Lawrence 265 Mesa Dr #A Costa Mesa CA 92627 930 094 02 CRAIN GENE & GLASGOW CHARLE 302 Cutter Way Costa Mesa CA 92627 930 094 05 Susan Derosa 308 Cutter Way Costa Mesa CA 92627 930 09759 Sharyn Case 2626 Santa Ana Ave #2 Costa Mesa CA 92627 n, ogr F io4;- egdwa; asn W1s1aayS paaj t{300wS 930 097 60 930 097 61 930 09762 Michele Gillespie Craig Armstrong David Michael Tafoya 2626 Santa Ana Ave' #3 2626 Santa Ana Ave #4 2626 Santa Ana Ave #5 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 930 694 01 930 694 02 930 694 03 Ingrid Anderson Paul Markowski Robin Wilson 399 Bay View Ter 397 Bay View Ter 395 Bay View Ter Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 930 694 04 930 694 05 930 694 06 Laura Jenkins Thomas & Ines Yague Joe Robert Brown 393 Bay View Ter 391 Bay View Ter 389 Bay View Ter Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 930 694 07 930 694 08 930 694 09 KRISTENSON Richard & Cheryl Lynn Marcz John Hamel 387 Bay View Ter 8 Chesterfield Rd 383 Bay View Ter Costa Mesa CA 92627 Rling His Est CA 90274 Costa Mesa CA 92627 930 694 10 930 694 11 930 694 12 HUBBARD Alicia Lynn Farber Margaret Vosburgh 381 Bay View Ter 379 Bay View Ter 12106 NE 63rd Costa Mesa CA 92627 Costa Mesa CA 92627 Oakland CA 98033 930 694 13 930 694 14 930 694 15 (� Xeno Muller Donald Quayle Jr. Jonathan & Bettyann GrbC` 375 Bay View Ter 373 Bay View Ter 371 Bay View Ter 11 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 930 694 16 930 694 17 930 694 18 Peter Bissell FEDERAL NATIONAL MORTGAGE A Karen Weigand 369 Bay View Ter 367 Bay View Ter 365 Bay View Ter Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 930 694 19 930 694 20 930 694 21 Alan Spalding Norman Sheya Steven Firks 25072 Buckboard Ln 361 Bay View Ter 359 Bay View Ter Laguna Hills CA 92653 Costa Mesa CA 92627 Costa Mesa CA 92627 933 880 01 933 880 02 933 880 03 Tom & Beverly McCafferty Chester Norris Thomas McCafferty 345 University Dr #P4 345 University Dr #P3 345 University Dr #P2 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 933 880 04 933 880 05 933 880 06 Larry Schultz Stephen Wright Michel Remion 345 University Dr #P1 345 University Dr #N1 345 University Dr #N2 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 , -nqt g a0i amidwai asn —13MUC aae.t U100t0c 933 880 07 933 880 08 Jeff Hecht 933 88009 Richard Allen Schroff Philip Harp 345 University Dr #N3 345 University Dr #N4 345 University Dr #M4 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 933 880 10 933 880 11 933 880 12 Christian Olsen James Golfos Harvey Tr Moore 345 University Dr #M3 345 University Dr #M2 27831 Horseshoe Bnd Costa Mesa CA 92627 Costa Mesa CA 92627 San Juan Capistrano CA 92675 933 880 13 933 880 14 Jerald Henry 933 880 15 DIORIO ELAINE Clell Tr Gladson 345 University Dr #A1 345 University Dr #A2 345 University Dr #B1 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 933 880 16 933 880 17 933 880 18 Mark Keys Glenn O'brian Jennings Brian 0 18 345 University Dr #B2 345 University Dr #B3 345 University Dr #B4 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 933 880 19 933 88020 933 88021 Ralph & Dolores Irwin Robert Tr Clapp Douglas Grossman 354 22nd St 2222 Hilltop Ct g Newport Beach CA 92660 33521 Spinnaker Dr S Fullerton CA 92831 Dana Point CA 92629 933 880 22 John Heising 933 88023 93388024 Way Chris 1 th St Canaday 17480 17th St #106 Lucie Lanctot San sego CA San Diego CA 92109 Tustin CA 92780 345 University Dr #K -4 Costa Mesa CA 92627 933 880 25 933 880 26 Cheryl Powers 41379 Shadow M Leon & Carol Holland III 93388027 Troy Golshan n in Way Hemet CA 92544 345 University Dr #K2 345 University Dr #27 Costa Mesa CA 92627 Costa Mesa CA 92627 933 880 28 933 880 29 93388030 Peter Powell Kathleen Jimenez Alejandrina Tr Sweatt 2583 Willo Ln 345 University Dr #J1 Costa Mesa CA 92627 345 University Dr #H1 Costa Mesa CA 92627 Costa Mesa CA 92627 933 880 31 933 88032 933 88033 Judy Ellenburg Tr Davison Ermal Williamson Roshanara Ochoa 345 University Dr #H2 345 University Dr 432 345 University Dr #G2 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 933 880 34 933 880 35 933 88036 Barbara Horlick Nancy Cooke Richard Hill 345 University Dr #E1 345 University Dr 345 University Dr #E3 Costa Mesa CA 92627 Costa Mesa CA 92 27 Costa Mesa CA 92627 n€ogr4 At aw)dwal asf4 ca�arrc nanj rnnnr rc 933 880 37 933 880 38 933 880 39 Richard Weis WHITE REGINALD & C H CIANFLONE 4566 Live Oak Canyon Rd 1540 S King St 345 University Dr #E -6 La Verne CA 91750 Honolulu HI 96826 Costa Mesa CA 92627 933 880 40 933 880 41 933 880 42 Gerald DeLaroche ! Eveline Dennis Hubert Wayne Tr Barker 345 University Dr #F6 345 University Dr #F5 2433 Francisco Dr Costa Mesa CA 92627 Costa Mesa CA 92627 Newport Beach CA 92660 933 880 43 933 88044 933 88045 Judie Lynn Price Susan Kaska Ann Tr Wattson 345 University Dr #F3 345 University Dr #F2 345 University Dr #F1 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 933 880 46� 933 88047 933 88048 Monica Wright a, James Philips Larry Inhelder 345 University Dr #46 345 University Dr #C2 16552 Grimaud Ln Costa Mesa CA 92627 Costa Mesa CA 92627 Huntington Beach CA 92649 933 880 49 933 880 50 933 880 51 MIFSUD FAMILY LT TNSHP Frederic Liebich Le Jon Smith 37 Monaco 345 University Dr #D3 345 University Dr #D4 Newport Beach CA 92 0 Costa Mesa CA 92627 Costa Mesa CA 92627 933 880 52 933 88053 934 200 01 Ronald Kissam Michael Morton Linda Joyce Creciat 345 University Dr #D5 345 University Dr #D6 301 Alta Ln Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 934 200 02. 934 200 03 934 200 04 Patricia Elliott Gloria Forrest John Tr Morris 303 Alta Ln 2445 Rue De Cannes 530 Vista Grande Costa Mesa CA 92627 Costa Mesa CA 92627 Newport Beach CA 92660 934 200 05 934 200 06 934 200 07 GOEMER Scott Patrick Murphy Kathy Dunham 309 Alta Ln 31 Old Coach Rd 313 Alta Ln Costa Mesa CA 92627 Norwich VT 05055 Costa Mesa CA 92627 934 200 08 934 20009 934 200 10 Toni Rocco Vernon Clarence Tr Taylor Karen Ann Tr Benvie 317 Alta Ln 4833 Ocana Ave 314 Alta Ln Costa Mesa CA 92627 Lakewood CA 90713 Costa Mesa CA 92627 934 200 11 934 200 12 934 200 13 Lynn Matchett James Gibson Jennifer Crawford 316 Alta Ln 312 Alta Ln 310 Alta Ln Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 n0gzs jo, amdwal asn ,.,, ctaatac nnnu iiinnruc 934 200 14 934 200 15 934 200 16 Cynthia Marie Edson Benjamin Liu Peter Jensen 308 Alta Ln 1 306 Alta Ln 304 Alta Ln Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 934 200 17 934 200 18 937 650 01 Russell Hanano Martha Woodworth Mark Zachary 302 Alta Ln 300 Alta Ln 3066 Hayes Ave Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92626 937 650 02 937 65003 937 650 04 Phil & Theanna Server Linda Gray Charles Ackerman 2512 Santa Ana Ave #B 2512 Santa Ana Ave #C 2512 Santa Ana Ave #D Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 65005 937 65006 937 650 07 Joel & Christina McClurg Mary Crane Dennis & Kyle Walker 2512 Santa Ana Ave #E 2512 Santa Ana Ave #F 2512 Santa Ana Ave #G Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 08 937 65009 937 650 10 William Gierer Tamar Weitkamp Perry Zachary 2512 Santa Ana Ave #H 2512 Santa Ana Ave #J 2512 Santa Ana Ave #K Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 16 937 650 17 937 650 18 Richard Mondillo Christopher Lesko Kimberly Synder 2530 Santa Ana Ave #A 2530 Santa Ana Ave #B 2530 Santa Ana Ave #C Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 19 937 65020 937 650 21 Patricia Siler Michael & Laura Maiorano Cherry] Norris 2530 Santa Ana Ave #D 2530 Santa Ana Ave #5 2530 Santa Ana Ave #F Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 65027 937 65028 937 650 29 LEIGH Gregory Allen Karen Sue Wilkins 2500 Back Bay Loop 2501 Back Bay Loop 2502 Back Bay Loop #3 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 30 937 65031 937 650 32 Thomas Walker Carol Esonis Jim & Marie Hyepock 2503 Back Bay Loop 2549 Back Bay Loop 18581 Amate Cir Costa Mesa CA 92627 Costa Mesa CA 92627 Villa Park CA 92861 937 65033 937 650 34 937 65035 Joseph Rivera Virginia Schuller Melanie Pannell 2547 Back Bay Loop 2546 Back Bay Loop #8 2545 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 n0965 tcq aleldwal asn Wls1a8145 paaA 141001119 937 65036 937 65037 937 65038 Nona Fenley Donald Haisch Heidi & David Ankenll ndy 2544 Back Bay Loop, 2535 Back Bay Loop 2534 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 9262V 937 650 39 937 65040 937 65041 Christie McDaniel Elizabeth McKibbin Glenn Ellison 2525 Back Bay Loop #13 2524 Back Bay Loop #14 2521 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 42 937 65043 937 65044 Betty McDaniels Hillary Niblo Carl Kymla 2520 Back Bay Loop 2511 Back Bay Loop 2510 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 45 937 65046 937 65047 JACKSON ANN John Hensley Craig Mallory 2515 Back Bay Loop 2514 Back Bay Loop 2513 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 48 937 65049 937 65050 Jorge Trejo Glenn Cha Yorie Kano 2512 Back Bay Loop # 2 2509 Back Bay Loop 2508 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 51 937 65052 937 65053 WILSON AUDREY James & Susan Atkinso Steven Behrens 2507 Back Bay Loop 25 2506 Back Bay Loop #2 2505 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 54 937 65059 937 65060 Linda Kough Robert Tr Crawford Marvin Ash 2504 Back Bay Loop 2543 Back Bay Loop 2542 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 61 937 65062 937 65063 ALLSOPP Peter Leiby Mary Cambria 87 Jasmine Creek Dr 2540 Back Bay Loop 2539 Back Bay Loop Corona Del Mar CA 92625 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 64 937 65065 937 65066 GIMIGLIANO & RIEDEL Andrew Rose Byna Tr Sipos 2538 Back Bay Loop 2537 Back Bay Loop 2536 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 67 937 65068 937 65069 Kathleen Burns Gary & Marilyn Tremblay Walter Wilson 2533 Back Bay Loop 2532 Back Bay Loop 2531 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 n Q9t5lo; a ;ejdwaI ash .,I saaauc aaaa uioowc 937 650 70 937 650 71 937 650 72 John & Dena Baron Shelley Ann Staats Diane McLaughlin 2530 Back Bay Loop 2529 Back Bay Loop 2528 Back Bay Loop #42 Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 73 937 650 74 937 650 75 Cheryl Joan Houle l BARTSCH Laurel Tr Lairson 2527 Back Bay Loop #43 21617 Ocean Vista Or 2523 Back Bay Loop Costa Mesa CA 92627 Laguna Beach CA 92651 Costa Mesa CA 92627 937 650 76 937 650 77 937 650 78 John Whittenburg Beverly Day Susan Cairns Tr Risley 2522 Back Bay Loop #46 2519 Back Bay Loop 2518 Back Bay Loop Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 650 79 937 650 80 937 940 51 Germaine Cameros Nathan & Elizabeth Desousa Marsha Zembower 2517 Back Bay Loop 2516 Back Bay Loop 1898 N Chouteau St Costa Mesa CA 92627 Costa Mesa CA 92627 Orange CA 92865 937 940 52 937 940 53 937 940 54 Sherilyn Dittemore Joseph & Lois Perel Michael Hoolihan 2687 Orange Ave #B 2687 Orange Ave #C 2687 Orange Ave #D Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 937 940 55 937 940 77 937 940 78 Alvin Adm Of Gerard Waskiew Waskie Cheryl Devera David Siegmund 9791 Dewey Or 2689 Pala Mesa Ct 2687 Pala Mesa Ct Garden Grove CA 92841 Costa Mesa CA 92627 Costa Mesa CA 92627 937 940 79 937 940 80 937 940 81 Cooper Wessells Kevin & Mary Aaberg William Demoss 2685 Pala Mesa Ct 12202 Red Hill Ave 2681 Pala Mesa Ct Costa Mesa CA 92627 Santa Ana CA 92705 Costa Mesa CA 92627 937 940 85 937 940 86 937 940 87 Clyde Hermanski Sharon Boston Mike Christie 15592 Garland Cir 2688 Pala Mesa Ct 2686 Pala Mesa Ct Westminster CA 92683 Costa Mesa CA 92627 Costa Mesa CA 92627 937 940 88 937 940 89 939 14001 Clyde & Mary Hermanski Walter Patterson Douglas PETERSON 15592 Garland Cir 2682 Pala Mesa Ct 20 Turnberry Or Westminster CA 92683 Costa Mesa CA 92627 Newport Beach CA 92660 939 140 02 939 14003 939 14004 Jeff Gasper William & Yvonne Kirkendall Stephanie Rankin 301 Santo Tomas St 24341 Santa Clara Ave #A 303 Santo Tomas Ave Costa Mesa CA 92627 Dana Point CA 92629 Costa Mesa CA 92627 r oqp so! azeldwal asn ,N,, 3169tts paaa Q10OU; SUSAN W. CASE, INC. 01VVERSHIP LISTIVG SERVICE 917 Glenneyre Street, Suite 7 • Laguna Beach, CA 92651 PHONE (949) 494 -6105 • FAX (949) 494 -7418 EMERSON TRACT FILE#1003871 OCTOBER 8 2003 .' Ps a0(13 -, 't 4 426 021 01 426 021 02 42602 1 03 Susan Tr Johnson Harold Pemstein Sterrett Metheny 2436 Holiday d Y 2430 Holiday Rd 2424 Holiday Rd Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 426 021 04 426 021 05 426 021 06 Joseph Mader POIVRE MARK & RENEE Sandra Tr Simar 2418 Holiday Rd 2412 Holiday Rd 2406 Holiday Rd Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 426 021 07 426 021 08 426 021 09 Henry Weber Mansour Savoji Charles Tr Larson 2400 Holiday Rd 2318 Holiday Rd 2312 Holiday Rd Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 426 021 16 426 021 17 426 021 18 David Waller Hubert Wayne Tr Barker Jenny Kosi 2427 Francisco Dr 2433 Francisco Dr 2437 Francisco Dr Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 426 171 22 426 171 23 426 232 01 Timothy Campbell CAMPBELL SCHOOL COSTA MESA UNION DIST 398 E 21st St 326 Lindo Ave PO Box 1368 Costa Mesa CA 92627 Newport Beach CA 92661 Newport Beach CA 92659 426 232 02 426 232 03 426 232 04 Joseph Hrubovcak David Griscom Beverly Tr Jourden 374 Woodland PI #A PO Box 1506 26811 Magdalena Ln Costa Mesa CA 92627 Newport Beach CA 92659 Mission Viejo CA 92691 426232 05 42623206 Yvonne Br own Renato Tr Monac Barbara Roberts 2309 Westminster Ave 833 Dover Dr 500 Reposado Dr Costa Mesa CA 92627 Newport Beach CA 92663 La Habra Heights CA 90631 426 232 08 426 232 09 426 232 10 Richard Angell III Eugene & Nancy Palaferri Ruth Tr Of Tr Laurie 5041/2 Jasmine Ave 2044 Garden Ln 1100 Nottingham Rd Corona Del Mar CA 92625 Costa Mesa CA 92627 Newport Beach CA 92660 ®0435 i01 al2jdwal asn — w sl@945 PSGA Q100w(; 426 232 11 426 232 12 426 232 13 Anthony Howlett Scott & Kimberly Lincoln Vernie House 2049 Tustin Ave #R 2006 Leeward Ln 2052 Garden Ln Costa Mesa CA 92627 Newport Beach CA 92660 Costa Mesa CA 92627 426 232 14 Nedra Margaretta Tr Mathews 1867 Bonaire Way Newport Beach CA 92660 426 232 21 David & Cynthia Robertson 174 Claremont Ave Long Beach CA 90803 426 232 24 J L Tr Edwards 2088 Garden Ln Costa Mesa CA 92627 426 232 30 Roy McCardle 2085 Tustin Ave Costa Mesa CA 92627 426 232 38 PEDERSEN ROBERT 2075 Tustin Ave Costa Mesa CA 92627 426 232 42 Thomas & Erin Kinder 383 E 21st St Costa Mesa CA 92627 426 232 45 Lucile Tr Gus Beach 377 E 21st St Costa Mesa CA 92627 426 232 48 Melba Tr Dickerson 125 Rochester St Costa Mesa CA 92627 426 232 16 426 232 19 SCHOOL COSTA MESA UNION DIST Jimmie Thompson PO Box 1368 2072 Garden Ln #A Newport Beach CA 92659 Costa Mesa CA 92627 426 232 22 BOERO EUGENE 2080 Garden Ln Costa Mesa CA 92627 426 232 25 Sebastian Crivello 375 E 21 st St Costa Mesa CA 92627 426 232 31 Elda Guthrie 1810 Calle De Sebastian # Santa Fe NM 87505 426 232 40 & N George Seidner 1014 Fairview Ave #10 Arcadia CA 91007 426 232 43 Michael McMurtray 381 E 21st St Costa Mesa CA 92627 426 232 23 J L Tr Edwards 2088 Garden Ln Costa Mesa CA 92627 426 232 29 Roy Tr McCardle 2085 Tustin Ave Costa Mesa CA 92627 426 232 32 Barbara Johnson 2089 Tustin Ave Costa Mesa CA 92627 426 232 41 Todd Swanson 385 E 21st St Costa Mesa CA 92627 426 232 44 J P Tr Swift 379 E 21st St Costa Mesa CA 92627 426 232 46 426 232 47 BEACHCLIFF IN &OSTA MESA HOA Ronald Tr Legrand 1501 Westcliff Dr #260 2095 Tustin Ave Newport Beach CA 92660 Costa Mesa CA 92627 426 232 49 Richard Gonzales 395 E 21st St Costa Mesa CA 92627 426 233 01 426 241 15 SCHOOL COSTA MESA UNION DIST Clayton Sturdevant PO Box 1368 2037 Swan Dr Newport Beach CA 92659 Costa Mesa CA 92626 0091S jol aveldwal asn 426 232 50 NEWPORT HEIGHTS T' 1501 Westcliff Dr #260 Newport Beach CA 92660 426 241 16 Carole Metcalf 407 E Bay St Costa Mesa CA 92627 w.L31aa4s Pal 430ows 426 241 17 426 241 18 426 241 19 Brian James Tr Aitken Ernest Gorrill Charles Perry 413 E Bay St 419 E Bay St 26542 Kari Brk Costa Mesa CA 92627 Costa Mesa CA 92627 Lake Forest CA 92630 426 241 20 426 243 01 426 243 02 Jack Kriter Littleton Marian Bressert James Patrick Tr Riley 431 E Bay St 400 E Bay St 406 E Bay St Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 426 243 03 426 243 04 426 243 05 Eric Tr Wilbur Philip Tr Caricof Leslie Persohn 412 E Bay St 418 E Bay St 424 E Bay St Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 426 243 06 426 243 07 426 243 08 Terry Lee Tr Dickerson William George Tr Bennett Bret & Kari Berry 430 W Bay St 436 E Bay St 442 E Bay St Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 426 243 09 426 243 10 42624 3 11 EKDAHL -JOY Fred & Nancy Kindgren Mary Tr Hawley 2052 Tustin Ave 2056 Tustin Ave 1801 N Indian Riv Rd Newport Beach CA 92660 Newport Beach CA 92660 New Smyrna Bea 32169 426 243 12 426 243 13 426 243 16 William & Betty Georges Sean Doyle Hildegard Tr Provence no 18241 Serra Ave 421 Emerson St 410 Emerson St Villa Park CA 92861 Costa Mesa CA 92 7 Newport Beach CA 92660 426 243 17 426 243 18 426 243 19 David DeMille ` John Eldridge Tr Merritt Laura Goodman 233 Flower St 2072 Tustin Ave 426 Flower St Costa Mesa CA 92627 Newport Beach CA 92660 Costa Mesa CA 92627 426 243 20 426 243 21 426 243 22 Barbara Yates Robert Tr Raus James & Sita Batoosingh 2078 Tustin Ave 2084 Tustin Ave 2090 Tustin Ave Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 426 243 23 426 243 24 426 243 25 Dennis & Jeanne Osborne Steven Cameron Ann Tr Heiney 2437 Holiday Rd 2431 Holiday Rd 1743 Bonaire Way Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 426 243 26 426 243 27 426 243 28 Dean & Suzanne Plant Richard & Karen Stamy H Lawrence Webb 1737 Bonaire Way 1731 Bonaire Way 1730 Bonaire Way Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 @091 1 ao; aleldwal as() .1 1saaaue oaaa u100tuc 426 243 29 426 243 30 426 243 31 Steven Islava Robert Richard Kendall Thomas Newmeyer 1736 Bonaire Way , 1742 Bonaire Way 1748 Bonaire Way Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 426 243 32 426 243 33 426 243 34 Leonard Reo Robert Clark Rick Ricker 1743 Bayport Way 1737 Bayport Way 1731 Bayport Way Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 426 243 35 426 243 36 426 243 37 Geoffrey Tr Furman John Allen WATTS RICHARD & S A 1730 Bayport Way 1736 Bayport Way 1742 Bayport Way Newport Beach CA 92660 Newport Beach CA 92660 Newport Beach CA 92660 426 243 38 426 244 01 426 244 02 John Stuart Tr Williams Jerome Tr Shandy Jr. Douglas Groman O'Kieffe 1748 Bayport Way 2046 Tustin Ave 2044 Tustin Ave Newport Beach CA 92660 Costa Mesa CA 92627 Costa Mesa CA 92627 426 244 03 426 244 04 426 244 05 Nancy Tr Brundage Margaret Tr Parkhill Sharon Hansen 1837 Port Manleigh PI 405 Gloucester Dr 407 Gloucester Dr Newport Beach CA 92660 Costa Mesa CA 92627 Costa Mesa CA 92627 426 244 06 426 244 07 426 244 08 Dow Tr Gilliam Kathleen Ann Ramp Marie Gilliam 409 Gloucester Dr 411 Gloucester Dr 413 Gloucester Dr Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 426 244 09 426 244 10 426 244 11 Sarah Gordon Andrew Tr Stambaugh Van Hazewinkel 415 Gloucester Dr 25380 Quail Smt 419 Gloucester Dr Costa Mesa CA 92627 Monterey CA 93940 Costa Mesa CA 92627 426 244 12 426 244 13 426 244 14 Andrew & Sara White Evelyn Roy Lydia Sarandan 421 Gloucester Dr 423 Glouchester Dr 425 Gloucester Dr Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 426 244 15 426 244 16 426 244 17 Janice Nimmo Ron Hall Carol Kokol 443 E Bay St PO Box 1521 431 Gloucester Dr Costa Mesa CA 92627 Avalon CA 90704 Costa Mesa CA 92627 426 244 18 426 244 19 426 244 20 SINCLAIR ROY Devron Donnelly Shirley King 2050 Aliso Ave 435 Gloucester Dr 437 Gloucester Dr Costa Mesa CA 92627 Costa Mesa CA 92627 Costa Mesa CA 92627 O€3RI4 iay aleldwal asn wlslaa4S Paa3 430ows 426 244 21 FRY HARRYETTE 439 Gloucester Dr Costa Mesa CA 92627 426 244 24 Adrienne Rzepnick 445 Glouchester Dr , Costa Mesa CA 92627 426 244 27 Monica Mathers 426 Emerson St Costa Mesa CA 92627 426 244 30 Mary Jane Kauffman 434 Emerson St Costa Mesa CA 92627 426 244 33 Leslie Mae Eyre 9622 Bloomfield St Costa Mesa CA 96030 426 244 36 Fred & Nancy Kindgren 2056 Tustin Ave Newport Beach CA 92660 426 244 39 Michael Hubka 2071 Churchill Ct Newport Beach CA 92660 426 244 42 Michael Hubka 2071 Churchill Ct Newport Beach CA 92660 426 251 06 SINCLAIR ROY 2050 Aliso Ave Costa Mesa CA 92627 426 251 09 Michael Visser 3823 S Maryland Pkwy #T5 Las Vegas NV 89119 426 244 22 426 244 23 BANK OF AMERICA NT & SA Gary & Maggie Burns PO Box 63700 443 Gloucester Or San Francisco CA 94163 Costa Mesa CA 92627 426 244 25 426 244 26 Ruth Torres Mary Tr Kosi 447 Gloucester Dr 424 Emerson St Costa Mesa CA 92627 Costa Mesa CA 92627 426 244 28 426 244 29 Laura Fitzgerald Shirley Tr Wasmund 428 Emerson St 432 Emerson St Costa Mesa CA 92627 Costa Mesa CA 92627 426 244 31 426 244 32 Jim Trstee Marino Eleanor Miller 37 Rue Fontainbleau 438 Emerson St Newport Beach CA 92660 Costa Mesa CA 92627 426 244 34 426 244 35 Elizabeth Blackburn Ingeborg Diedrich 444 Emerson St 446 Emerson St Costa Mesa CA 92627 Costa Mesa CA 92627 426 244 37 CHURCHILL CYNTHIA 2074 Churchill Ct Newport Beach CA 92660 426 244 40 Sara Parker 2075 Churchill Ct Newport Beach CA 92660 426 251 04 G Scott & Lisa Morlan 2042 Aliso Ave Costa Mesa CA 92627 426 251 07 Jane Tr Caple 2054 Aliso Ave Costa Mesa CA 92627 426 251 10 Clara Russell Wenholz 1731 Centella PI Newport Beach CA 92660 426 244 38 Brent Courier 2072 Churchill Ct Newport Beach CA 92660 426 244 41 Michael Hubka 2071 Churchill Ct Newport Beach CA 92660 426 251 05 Allan Karl 2046 Aliso Ave Costa Mesa CA 92627 426 251 08 GRABER TIMOTHY & J L 2058 Aliso Ave Costa Mesa CA 92627 426 251 11 Jack Badorek 1500 E Katella Ave #G Orange CA 92867 000is lo, aieldwai ash ,%,-'slaaqs 15984 u100111c 426 251 12 426 251 13 426 251 14 James & Jamie Bandelin Joseph Tr Deutsch Charles & Nancy Remley Jr. 1747 Centella PI , PO Box 1518 101 E Balboa Blvd Newport Beach CA 92,660 Newport Beach CA 92659 Newport Beach CA 92661 936 030 33 Richard Luckey 2057 Tustin Ave #A Costa Mesa CA 92627 936 030 36 Jeffrey Roberts 2057 Tustin Ave #D Costa Mesa CA 92627 936 030 62 Robert Tr Pedersen 2075 Tustin Ave Costa Mesa CA 92627 936 030 65 Robert Tr Pe 20 75 j n Ave C as Mesa CA 92627 ®43 "s5 -q a {.e0wel asn 936 030 34 Kendall & Therese Wamel 2057 Tustin Ave #B Costa Mesa CA 92627 936 030 37 Richard Luckey 2057 Tustin Ave #E Costa Mesa CA 92627 936 030 63 Robert Tr Pea�rset! 2075 JLsti�Ave a Mesa CA 92627 936 030 66 Robert Tr P en 207 n Ave sta Mesa CA 92627 936 030 35 Kathryn Bell 2057 Tustin Ave #C Costa Mesa CA 92627 936 030 38 Jeffrey Davis 2057 Tustin Ave #F Costa Mesa CA 92627 936 030 64 Robert Tr Peders 2075 Tlj�ve sta Mesa CA 92627 936 030 67 Robert T ersen 20 ustin Ave osta Mesa CA 92627 wis3aa45 P89A gj0O WS Mark Esslinger Mike Robinson Larry Lawrence Planning & Dev. Serv. Dept. CPS City of Costa Mesa Lawrence Associates 300 North Flower Street P. O. Box 1200 32092 Via Carlos Santa Ana, CA 92702 Costa Mesa, CA 92628 San Juan Capistrano, Ca 92675 Bob Aldrich Local Agency Form. Commission John Wayne Airport Airport Land Use Commission 12 Civic Center Plaza, Room 235 3160 Airway Ave. 3160 Airway Avenue Santa Ana, CA 92701 Costa Mesa, CA 92626 Costa Mesa, CA 92626 Irvine Ranch Water District Waste Management Inc. Costa Mesa Sanitary District P. O. Box 57000 16122 Construction Circle E P. O. Box 1200 Irvine, CA 92619 -7000 Irvine, Ca 92606 Costa Mesa, CA 92626 Orange County Sanitation Districts Orange County Sheriff Orange County Fire Authority 10844 Ellis Avenue 550 N. Flower Street 145 W. Water Street Fountain Valley, CA 92708 Santa Ana, CA 92703 Orange, CA 92866 Mail Staff reports also to those below: Mark Esslinger Mike Robinson Larry Lawrence Planning R Dev. Serv. Dept. CPS City of Costa Mesa Lawrence Associates 300 North Flower Street P. O. Box 1200 32092 Via Carlos Santa Ana, CA 92702 Costa Mesa, CA 92628 San Juan Capistrano, Ca 92675 Bob Aldrich Local Agency Form. Commission John Wayne Airport Airport Land Use Commission 12 Civic Center Plaza, Room 235 3160 Airway Ave. 3160 Airway Avenue Santa Ana, CA 92701 Costa Mesa, CA 92626 Costa Mesa, CA 92626 DR AVEr�t`i'@ Address Labels User 51600 RESOLUTION NO. 2004 -5 A RESOLUTION OF THE CITY COUNCIL APPROVING GENERAL PLAN AMENDMENTS FOR "AREA 7" AND THE EMERSON AREA PRECEDENT TO THEIR ANNEXATION TO THE CITY [GP 2003 -005 and GP 2003 -006] WHEREAS, the City Council of 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, 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, 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 WHEREAS, on November 20, 2003, the Planning Commission of the City of Newport Beach held a public hearing regarding the proposed amendments, prezonings and related items and forwarded them to the City Council recommending approval; and WHEREAS, on January 13, 2004, the City Council 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 preceding public hearings. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Newport Beach makes the following findings and takes the following actions: 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, designated by reference as Exhibits ND -1 and ND- 2 of this Resolution as if completely contained herein, and all comments received during the public review process, the City Council determines that the projects will not have a significant impact upon the environment and accordingly adopts the Negative Declarations, reflecting the independent judgment of the City of Newport Beach. 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 City Council 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 City Council 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 City Council determines that the projects are not required to pay Fish and Game Department filing fees. 2. GP 2003 -005: Area 7. The City Council 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 City Council hereby approves GP 2003- 005, consisting of the following: 1) (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 the addition of the Santa Ana Country Club as OS "Open Space" and 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 City Council 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 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 City Council hereby approves 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. 3 (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. ADOPTED this 131h day of January, 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS Heffernan, Rosansky,Bromberg, Webb, Nichols NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS Adams ABSTAIN, COUNCIL MEMBERS Mayor Ridgeway L-), CITY CLERK M EXHIBIT GP -1 AREA 7 GENERAL PLAN DESIGNATIONS CORONA co ,, I 1 1 I i RECREATK*N AND e mim) Me.TAL OPEN SPADE 1 1 = ANNEXATION AREA I ! S0Q- ffAY11LY�ETACI® I 1 crYdraex�i cuEnsArFAT AEVDE r:nAE CDYYER L 1 1 r i Uw E ! FAVILY DET1U[D 1 1• 1 i 1 14 I �N., ERS- V UR Costa r-- I LL :NaI,T ,� Deacn trap ` ; AE I NDAL!i Mesa t ;: -- 7 _. Newport 0 633 ;.'_00 1.900 2436 Beach Feet 1 EXHIBIT GP -2: ADDITION OF AREA 7 TO STATISTICAL AREA J6 OF YHE LAND USE ELEMENT TEXT W SECTION ENTITLED: "Santa Ana Heights Area (Statistical Area J6f: 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'infill' 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 J6 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. Irvine Avenue no changes 2. West Santa Ana Heights and South of Mesa Drive 3. East Santa Ana Heights 4. Bayview TOTAL' Population' 442 309 (133) 351,816 1,170,205 818,389 no changes 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 EXHIBIT GP -3 EMERSON AREA GENERAL PLAN DESIGNATIONS kTwo FAMILY RESIDENTlAt. �CCosta ] Mesa 2500 500 750 Feet j NB City Boundary (Current) -- CM City Boundary (Current) I —7 I -11 Newport Beach ly \Z LL EXHIBIT GP -4: ADDITION OF EMERSON AREA TO STATISTICAL AREA J5 OF THE LAND USE ELEMENT TEXT W SECTION ENTITLED: "Westbav Area (Statistical Area J5) ": 1. Headings 1— 10: No changes [Note: Heading No. 10 was added in 2000 as part of the Bay Knolls annexation prezoning/GPA]. 2. Add Heading No. 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 J5 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 ["Westbav Residential" no changes through "Bay Knolls'] 11. Emerson 9 9 -0- -0- -0- -0- TOTAL 611 643 32 Population 1222 1286 64 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby- certify that the whole number of members of the City Council is seven: that the foregoing resolution, being Resolution-No. 2004 -5 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day- of January, 2004, and that the same was so passed and adopted by the following vote, to wit.: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols Noe --: None Absent: Adams Abstain: Mayor Ridgeway IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of January. 2004. (Seal) City Clerk Newport Beach, California vo -27 ;Vgllol 0(�3 R 4- ?/ : u� °� 7 'c 3 ;z3 xj �J (1 -Y,)51Y44 /�'� � ✓J/>� /',%ices ' z Y s -Doti - f 'D .33� ✓v,�'h��S>'��%�/�.s (7 /��f� -�� - X0.2 /' 03.2. KCrdti�c'LS ' 0� %�✓ ��LE�- iYJN - F,��7 c�dc �i�N4,�a�-- (7 /�,7f /-S�o :� �n�, _ -s� ��- =��"�, �D�o.z �FG�S % /A��✓c%�1�Ls rf'- I- �,o�� /�SS`7 —�� - " / 1P'>C��F,.,k�•6�}- � i� -37-- �<1-cE a.ua/1�s�Ui� �{Q2o�D�� J� �ti,✓ 61 z 7g� Item #I PLANNING & DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT DATE: December 9, 2003 TO: Orange County Planning Commission FROM: Planning & Development Services Department SUBJECT: Public Hearing to consider recommending that the Board of Supervisors amend Section 4 -1 -48 of the County Health, Sanitation and Animal Regulations to more strictly define the Section's exemption for noise emanating from animals located on properties zoned for agricultural uses. LOCATION: Unincorporated areas of the County of Orange with an AI "General Agricultural" District designation. APPLICANT: County of Orange SUMMARY: On October 7, 2003 and November 4, 2003, the Planning Commission held Public Workshops to discuss alternatives for mitigating noise impacts to surrounding residents emanating from commercial dog kennel operations. The purpose of today's Public Hearing is for the Planning Commission to consider recommending that the Board of Supervisors amend Section 4 -1 -48 of the County Health, Sanitation and Animal Regulations to more strictly define the Section's exemption for noise emanating from animals located on properties zoned for agricultural uses. STAFF CONTACT: Joshua McDonnell Phone: (714) 834 -2083 Fax: (714) 667 -8344 DISCUSSION: A number of commercial dog kennels currently operate in unincorporated Orange County. The majority of these kennels are located in two areas, Riverside Drive in unincorporated Santa Ana Heights and Kermore Lane in unincorporated Stanton. Although the kennels on Riverside Drive are subject to County regulations regarding excess dog barking emanating from their property, the kennels on Kermore Lane are not. Kermore Lane is zoned "AI" General Agriculture and kennel operations have been located on the street since the 1950's. However, subsequent to the establishment of many of these kennels, single and multi family residential development has steadily grown on lands surrounding the unincorporated community, resulting in a condition where property lines are now shared between parcels with commercial dog kennels and parcels with residences. This condition generally does not result in problems given the excellent job most of the commercial kennels do to keep barking and other sound emanating from their operations to a minimum. Kennel owners keep noise to a minimum through the use of variety of methods, including: (1) having staff on hand 24 hours a day to monitor the dogs, (2) by using electronic dog collars, (3) by "de- barking" animals through a simple surgical procedure, and (4) by placing their kennels in sound attenuated structures. One or two kennels on Kermore Lane make little to no effort to minimize the noise emanating from their kennel operations. Unfortunately, the County has no regulatory authority to require that these kennels comply with Section 4 -1 -48 of the County Health, Sanitation and Animal Regulations (which addresses excess dog barking) because there is a clause in the Section that exempts properties zoned for agricultural purposes from its restrictions. Today's Public Hearing proposes to address the subject of noise emanating from commercial dog kennel operations on Kermore Lane by revising the exemption provision in Section 4 -1 -48 to not apply to commercial dog kennel operations on Kermore Lane. This staff report provides the following information: (1) provides the specific language proposed for inclusion in Section 4 -1- 48 of the Orange County Codified Ordinances, (2) discusses the County agencies that would be responsible for enforcing Section 4 -1 -48, (3) identifies potential methods of mitigating noise emanating from commercial dog kennel operations, and (4) discusses an alternative approach to regulating and measuring noise that has been proposed. Staff will also provide verbal comments responding to the specific questions raised by the Planning Commission at their November 4, 2003 public workshop. Proposed Amendment to Section 4-1 -48 of the County's Codified Ordinances County Counsel, with the assistance of PDSD staff, has prepared a draft amendment to Section 4 -1 -48 of the County's Codified Ordinances for consideration by the Planning Commission. The proposed amendment was developed in response to complaints from Orange County residents that commercial dog kennel facilities operating on properties that are zoned Al "General Agriculture" are exempt from the provisions from Section 4 -1 -48. The intent of amending Section 4 -1 -48 is to remove the exemption from the County's noise standards that commercial dog kennel operations located on properties zoned Al "General Agriculture" (specifically those located on Kermore Lane) currently have. The approval of such an amendment would create regulatory consistency for noise emissions among similar commercial uses regardless of the use's zoning designation. Such consistency does not currently exist for commercial dog kennel operations, particularly given that the commercial dog kennel operations located on Riverside Drive in Santa Ana Heights are currently required to conform to Section 4 -1 -48 while commercial dog kennel operations located on Kermore Lane in unincorporated Stanton do not. The proposed amendment to Section 4 -1 -48 also adds language (Section (c)) clearly stating that a violation of the Section would occur if the noise standards set forth in Section 4 -6 -5 of the County Health, Sanitation and Animal Regulations are exceeded. The addition of Section (c) will provide specific standards by which County enforcement personnel could measure sound emanating from these facilities to determine whether a violation exists. Finally, the proposed amendment adds language making a violation of Section 4 -1 -48 a public nuisance. Subsequent 2 communications with Animal Control staff and their legal representation have resulted in the placement of additional proposed language to section (d) of the proposed Amendment to deem the existence of a nuisance for each and every day after the service of a notice in writing to be a separate and distinct offense. The proposed amendment to Section 4 -1 -48 is provided below, with deleted language struck out and new language underlined: (a) No person shall keep, maintain, or permit, either wildly or through failure to exercise proper control, on any lot, parcel of land or premises under his or her control any animal: (1) which by sound or cry shall disturb the peace and comfort of the inhabitants of the neighborhood, or (2) which affects an entire community or neighborhood, or any considerable number of persons, although the extent of annoyance or damage may dyer, or (3) which interferes with any person in the reasonable and comfortable enjoyment of life or property .,..ee p. r . _, ise en _..,...erfy .....,a r _ :....k. rai ..........,.es hi L (b) Noise Generated by animals utilized in the production ofcrops livestock or poultry is not subiect to this section. (c) Violation of the noise standards set out in section 4 -6 -5 shall be deemed to constitute a violation of this section. (d) A violation of this section is a public nuisance. The existence of such nuisance for each and every day after the service of notice in writing from the Director or his authorized deputies and agents, or district attorney or city attorney or prosecuting attorney, to remove, discontinue or abate shall be deemed a separate and distinct offense. Agencies Proposed to be Responsible for Enforcing the Amended Ordinance HCA/Animal Control is currently responsible for identifying and enforcing violations of Section 4 -1 -48 of the County's Codified Ordinances. Individuals who file complaints alleging a violation of Section 4 -1 -48 are required to follow a process that includes documenting the amount and timing of the barking over a period of time. Animal Control's entire process for addressing a barking dog complaint is as follows: The reporting party initiates the first complaint by mailing in the completed Nuisance Complaint Form. If the owner's dog is not currently licensed, an Animal Control Officer will contact the owner in person. If the dog is licensed, a postcard notifying the owner of the complaint is sent. The nuisance dog owner is given up to 10 days to resolve the situation. If the situation still exists, the complainant must file a second complaint with Orange County Animal Control Services ( OCACS) through the Operations Desk. A formal letter that defines the nuisance law and advises of possible legal action is mailed to the owner. The nuisance dog owner is now given up to 14 days to resolve the situation. If the situation still exists, the complainant must file a third complaint by calling the OCACS Operations Desk Officer. The complainant will be mailed a Nuisance Statement Form which, when returned to OCACS, is used to document the history of the situation. • Once the Nuisance Statement is returned to the Operations Desk, an Orange County Animal Control Officer will deliver a Notice to Abate to the animal owner. The violator is given an additional fifteen (15) days to have the noise abated (stopped) prior to the gathering of additional evidence. While the Notice to Abate is being delivered, a Petition Package is mailed to the complainant. The packet is designed to assist the complainant in gathering evidence. The complainant must gather information within have sixty (60) days (from the Notice to Abate delivery date) which includes documenting the amount and timing of the barking over a period of time. The gathering of information is the complainant's responsibility. • Once the gathering of evidence and the completed packet is returned (by mail or in person) to the Operations Desk Officer, a case will be prepared for processing. The complainant and at least two of the complainant's neighbors must be willing to appear in court, if necessary, to testify against the animal owner /custodian for successful prosecution. • Once all the information is processed, an Animal Control Officer may issue a Notice to Appear (citation) to the animal owner /custodian and/or forward the information to a prosecutor. Source: Orange County Animal Care Services The process described above is onerous and rarely, if ever, followed to a successful conclusion by a complainant. In fact, Animal Control is currently considering altering the process to make it easier for complainants to achieve a successful conclusion to their complaint in a more efficient fashion. Additionally, early in the process of reviewing the feasibility of incorporating agriculturally zoned properties into this Section, HCA informed Supervisor Silva's office that existing shortages in staffing and resources would make it impossible for Animal Control staff to enforce an expanded ordinance (i.e. an ordinance that applies to properties zoned for agricultural uses). Given the dissatisfaction on the part of complainants (and the County) with the existing process for mitigating barking dogs as well as the staffing and resources restraints HCA is currently experiencing, PDSD subsequently offered to take responsibility for enforcement of the ordinance in areas that would become covered by the revised ordinance due to the revised language. Thus, Animal Control would continue to process barking dog complaints in all areas of the County (including Riverside Drive) that are not zoned Al while PDSD would focus on applying the new provisions of the revised Section 4 -1 -48 (namely the provision that makes a violation of Section 4 -6 -5 also a violation of Section 4 -1 -48) to properties newly covered by the revised Ordinance, principally those on Kermore Lane. 4 Potential Options for Mitigating Violations of the Proposed Ordinance As stated earlier, most commercial dog kennel operations use a variety of methods to minimize the noise emanating from their premises. These methods include: (1) having staff on hand 24 hours a day to monitor the dogs, (2) using electronic dog collars, (3) "de- barking" animals through a simple surgical procedure, and (4) placing their kennels in sound attenuated structures. Kennels that generate the majority of complaints regarding excess dog barking on Kermore Lane share a common theme, they do not house the animals in sound attenuated structures. If the proposed Ordinance were approved, kennels found to be in violation of the Ordinance's regulations would likely need to sound attenuate their operation in order to gain compliance. Sound attenuated structures can be constructed using a variety of materials. Staff has included two sets of plans at the November 4, 2003 Public Workshop that identify the materials and design proposed in the construction of two commercial dog kennel operations. Existing operations found to be in violation of the new ordinance may choose to employ the materials and designs noted in these studies to sound attenuate their kennel structures. Additionally, PDSD staff would be willing to review any additional proposal provided by a kennel operator in violation of the Ordinance that shows promise for significantly reducing noise traveling off -site. Alternate Proposal for Establishing New Countywide Noise Standards As a result of discussions with a non - County employed noise expert, staff has received an alternate proposal for amending the County's Noise Ordinance. The proposal would establish a new Noise Ordinance (Attachment 2) that is modeled after a Model Municipal Noise Ordinance located in the "Handbook of Environmental Acoustics ". Adoption of the Model Municipal Noise Ordinance would result in the creation of new methods for measuring noise and would also adopt new sound level limitations for properties based on their principal land use (divided into residential, commercial, or industrial categories). The noise expert recommends adopting the Model Municipal Noise Ordinance as it creates a more simple method for measuring noise than is currently provided in the County's existing Noise Ordinance. Adoption of the Model Municipal Noise Ordinance would have a far greater impact on the County's existing noise standards than amending Section 4 -1 -48 of the County's Codified Ordinances. The repercussions of completing a comprehensive revision to the County's noise standards have not yet been analyzed fully by staff. Staff will continue to review the potential benefits of taking such an action and provide a verbal report on the similarities and differences between the Model Municipal Noise Ordinance and the County's existing Noise Ordinance during the Public Hearing. CONCLUSION: At a minimum, the proposed amendment to Section 4 -1 -48 stated on page 3 of this Staff Report represents a starting point for providing a regulatory framework for noise emanating from dog kennel operations on Kermore Lane. Staff recognizes that additional alternatives are available for consideration which may present a better methodology for identifying noise standards and determining whether a complaint violates these standards. However, pursuing these alternatives would take considerable time and effort by staff. At this time, staff recommends the Planning Commission approve the amendment to Section 4 -1 -48 as stated on Page 3. CEOA DOCUMENTATION: The project is Categorically Exempt, Class 8, from the California Environmental Quality Act. RECOMMENDATION: Planning and Development Services Department recommends the Planning Commission: a. Receive staff presentation and public testimony as appropriate; and, b. Receive Planning Commission direction related to staff presentation and public comments; and, c. Recommend that the Board of Supervisors approve a draft amendment to Section 4 -1 -48 of the County Codified Ordinances as presented on Page 3 of the Staff Report. Respectfully submitted, /J'1Jt Jo Buzas, Manager Current and Advance Planning Services ATTACHMENTS: Attachment 1: Division 6, Article 1 "Noise Control" and Section 4 -1 -48 "Nuisance" of the County Codified Ordinances Attachment 2: Alternate Model Municipal Noise Ordinance Attachment 3: October 7, 2003 Public Workshop Staff Report Attachment 4: November 4, 2003 Public Workshop Staff Report 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA AMENDING SECTION 4 -1 -48 RELATING TO NUISANCES The Board of Supervisors of the County of Orange does ordain as follows: SECTION 1. Section 4 -1 -48 of the Codified Ordinances of the County of Orange is hereby amended to read as follows: Sec. 4-1-48. Nuisance. (a) No person shall keep, maintain, or permit, either willfully or through failure to exercise proper control, on any lot, parcel of land or premises under his or her control any animal: (1) which by sound or cry shall disturb the peace and comfort of the inhabitants of the neighborhood, or (2) which affects an entire community or neighborhood, or any considerable number of persons, although the extent of annoyance or damage may differ, or (3) which interferes with any person in the reasonable and comfortable enjoyment of life or property. (b) Noise generated by animals utilized in the production of crops, livestock or poultry is not subject to this section. (c) Violation of the noise standards set out in section 4 -6 -5 shall be deemed to constitute a violation of this section. (d) A violation of this section is a public nuisance. *TITLE OF DOCUMENT DocumentFrame Pagel of 2 Division 6 NOISE CONTROL ARTICLE 1. GENERAL PROVISIONS' 'Editor's note --Ord. No. 2700, § 1, adopted Sept. 19, 1973, amended this Code by adding Div. 6, Art. 1, §§ 4- 6- 1-- 4-6 -16 to read as herein set out. Sec. 4 -6 -1. Declaration of policy. In order to control unnecessary, excessive and annoying sounds emanating from unincorporated areas of the County, it is hereby declared to be the policy of the County to prohibit such sounds generated from all sources as specified in this article. It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest. (Ord. No. 2700, § 1, 9- 19 -73) Sec. 4-6-2. Definitions. The following words, phrases and terms as used in this article shall have the meaning as indicated below: Ambient noise level shall mean the all- encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. Cumulative period shall mean an additive period of time composed of individual time segments which may be continuous or interrupted. Decibel (dB) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) gfthis.ratio. Dwelling unit shall mean a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Emergency machinery, vehicle or work shall mean any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. Fixed noise source shall mean a stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment. Grading shall mean any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare said site for construction or other improvements thereon. Impact noise shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest. Mobile noise source shall mean any noise source other than a fixed noise Noise level shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micronewtons per square meter. The unit of measurement shall be designated as dB(A). Person shall mean a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. http: / /fws.municode.com/CGI- BIN /om_isapi.dll ?infobase =l l378.nfo &record ={ 155D } &so:... 1/16/2002 DocumentFrame Page 2 of 2 Residential property shall mean a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. Simple tone noise shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. Sound level meter shall mean an instrument meeting American National Standard Institute's Standard S1.4 -1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. Sound pressure level of a sound, in decibels, shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. (Ord. No. 2700, § 1, 9- 19 -73; Ord. No. 2870, § 1, 10 -1 -75) Sec. 4 -6 -3. Noise level measurement criteria. Any noise level measurements made pursuant to the provisions of this article shall be performed using a sound level meter as defined in section 4-6 -2. (Ord. No. 2700, § 1, 9- 19 -73) http: / /fws.municode.com/CGI- BIN /om_isapi.dll ?infobase =l 1378.nfo &record ={ 155D } &so:... 1/16/2002 PLANNING & DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT DATE: TO: FROM: SUBJECT: LOCATION: APPLICANT November 4, 2003 Orange County Planning Commission Planning & Development Services Department Public Workshop on proposed alternatives to mitigate noise impacts of dog kennels in County unincorporated communities. Note: A related Public Hearing will be held on December 9, 2003 to consider recommending that the Board of Supervisors amend Section 4 -1- 48 of the County Health, Sanitation and Animal Regulations to make it a violation for kennel animals to disturb the peace and comfort of the neighborhood. Countywide; particularly in unincorporated areas of the County of Orange with an Al "General Agricultural" District designation. County of Orange SUMMARY: On October 7, 2003, the Planning Commission held a Public Workshop to discuss alternatives for mitigating noise impacts of dog kennels. Subsequent to the Public Workshop, the Planning Commission directed PDSD staff to research several items related to the regulation of commercial dog kennel operations and report the findings to the Commission during its November 4, 2003 meeting. STAFF CONTACT: DISCUSSION: Joshua McDonnell Phone: (714) 834 -2083 Fax: (714) 667-8344 During their October 7, 2003 public workshop on this subject, the Planning Commission directed staff to research a variety of questions related to County noise regulations and the code enforcement process and report the findings back to the Commission at the November 4, 2003 meeting. Although no action is requested in conjunction with this public workshop, the material presented may prove beneficial to the Commission prior to their December 9, 2003 public hearing on the subject. Staff will provide a comprehensive verbal presentation in response to the specific questions raised by the Planning Commission at their October 7, 2003 public workshop. The following material has been prepared to supplement the staff presentation. Issues discussed below include information on the differences between interior and exterior noise standards, the proposed process for achieving voluntary compliance with noise violations and options for using alternate language to amend Section 4 -1 -48 or other Sections of the County's Codified Ordinances. Interior and Exterior Noise Standards Section 4 -6 -5 of the County Codified Ordinances establishes exterior noise standards for residential properties that are measured from any other adjacent residential property. Section 4- 6-6 establishes interior noise standards within any dwelling unit on any residential property. The principal difference between the two sets of standards is that the standards for interior noise as measured from the interior of an adjacent residential unit are more restrictive. For example, exterior daytime noise at 55dB(A) has an exceed limit period of thirty (30) minutes in an hour whereas interior daytime noise at 55dB(A) has an exceed limit of five (5) minutes in any hour. Proposed Enforcement Process PDSD's code enforcement program is reactive in nature. Officers work closely with property owners to attain voluntary compliance with code violations. Code enforcement responds to complaints received regarding potential violations of the County's zoning, grading, nuisance and other codes; it does not actively seek violations. As such, any complaint received alleging a violation of the County noise ordinance on Kermore Lane would first be investigated for authenticity. County staff would be dispatched to take noise readings using sensitive noise measurement equipment in a manner dictated by the County Noise Ordinance. If a violation of County noise standards is detected, a code enforcement officer would notify the property owner in writing of the violation and also offer to conduct an on -site inspection with the property owner. Code enforcement staff will work closely with property owners who acknowledge the violation to create a plan for gaining voluntary compliance. No further code enforcement action will be necessary for property owners demonstrating reasonable progress towards gaining compliance. Property owners not responding to the written notice of violation will then receive a second written notice. No response to the second notice would result in a civil citation and accompanying monetary fine being issued. Up to three civil citations with fines of $100, $200, and $500 respectively will be issued before the next step in the violation abatement process. If no attempt to abate the violation is made even after fines are issued, an infraction citation and accompanying misdemeanor charge will be issued and the violator shall be prosecuted. It is important to note that at any point in the process, the violator can approach PDSD /Code Enforcement with a plan for gaining compliance with their violation. Code enforcement activity on the site will cease as soon as compliance is achieved. Options for Amending Section 4 -1 -48 Staff remains in contact with representatives of commercial kennel operators for the purpose of identifying possible options for modifying the language proposed for amending Section 4 -1 -48 and potentially other sections of Division 6 "Noise Control" of the County's Codified Ordinances. Suggestions have centered on establishing noise regulations that are specific to dog kennel operations. These regulations would provide a more relaxed decibel standard for exterior noise levels emanating from commercial dog kennels than is currently outlined in Section 4 -6 -5 "Exterior Noise Standards ", particularly during daylight operating hours. Specific decibel levels are forthcoming and will be conveyed during staff's presentation on the subject. CEQA DOCUMENTATION The project is Categorically Exempt, Class 8, from the California Environmental Quality Act. RECOMMENDATION Planning and Development Services Department recommends the Planning Commission: a. Receive staff presentation and public testimony as appropriate; b. Direct staff to prepare an amendment to Section 4 -1 -48 of the County Codified Ordinances for consideration at the December 9, 2003 Planning Commission meeting. Respectfully submitted, IJOBuzas, Manager Current and Advance Planning Services Attachments: Attachment 1: Division 6, Article 1 "Noise Control" and Section 4 -1 -48 "Nuisance" of the County Codified Ordinances Items 1 & 2 PLANNING & DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT DATE: October 7, 2003 TO: Orange County Planning Commission FROM: Planning & Development Services Department SUBJECT: Public Workshop (continued item from the September 9s' PC meeting) on proposed alternatives to mitigate noise impacts of dog kennels in County unincorporated communities and a Public Hearing to consider recommending that the Board of Supervisors amend Section 4 -1 -48 of the County Health, Sanitation and Animal Regulations to make it a violation for kennel animals to disturb the peace and comfort of the neighborhood. LOCATION: Countywide; particularly in unincorporated areas of the County of Orange with an Al "General Agricultural' District designation. APPLICANT: County of Orange SUMMARY: On September 9, 2003, the Planning Commission continued a planned Public Workshop on proposed alternatives to mitigate noise impacts of dog kennels to October 7, 2003, in response to a request from Second District Supervisor James Silva. In the ensuing period, Supervisor Silva met with County Counsel, PDSD staff, and a number of commercial dog kennel owners and operators. As a result of these meetings one of the six alternatives proposed in the September 9, 2003 PDSD Staff Report on this subject has emerged as the Staff recommended alternative. PDSD requests that the Planning Commission hold a Public Workshop to discuss the alternatives for addressing excess noise emanating from commercial dog kennels in unincorporated Orange County and then hold a Public Hearing to consider adopting the Staff recommended alternative, which consists of revising Section 4 -1 -48 of the Health Sanitation and Animal Regulations relating to animals that disrupt the peace and comfort of a neighborhood in Al "General Agricultural' District designations. STAFF CONTACT: PDSD: Joshua McDonnell Phone: (714) 834 -2083 Fax: (714) 667-8344 DISCUSSION: Beginning in August of 2001, County staff participated in a series of meetings to discuss concerns related to noise emanating from commercial dog kennel operations in certain unincorporated communities. Residents of these unincorporated areas and surrounding cities are increasingly concerned with the impacts these operations have on their quality of life. The issue of noise generated by dog kennels can occur in all areas of the County, although PDSD has received a number of complaints from residents in or near unincorporated communities with an Al "General Agriculture" District zoning designation. While the predominant land use in these communities is typically residential in nature, the A 1 zoning classification allows for the establishment of kennels subject to the approval of Use Permit pursuant to section 7 -9 -55.4 of the Zoning Code by the Zoning Administrator or Planning Commission. Many commercial kennel operations were established in the 1950s and 1960s in unincorporated lands that were surrounded by predominantly agricultural type uses. Subsequent development and annexations have resulted in at least one small unincorporated island with commercial kennel operations sometimes being surrounded by residential communities. Attachment 1 illustrates existing commercial kennel operations in the various areas of unincorporated Orange County. The resulting proximity of more recently developed residential neighborhoods to the previously established dog kennels and the unique noise properties of dog barking have created a conflict. Dog barking is an impulse type sound and much like fireworks and gunshots and is comprised of punctuated spikes. An irregular and persistent level of punctuated spikes in noise levels can be highly annoying and difficult to ignore. In fact, because of these punctuated spikes, the sound of one dog barking can have almost the same noise impact as ten dogs barking. PDSD staff polled other jurisdictions in Orange County in an effort to gather examples of regulations that address excess noise emanating from commercial kennel operations. All of the jurisdictions polled use the conditional use permit "conditions of approval" method to regulate kennel noise. Unfortunately, many of the kennels in unincorporated Orange County were approved prior to the use of conditions of approval to regulate development became common practice. Nonetheless, residents of neighboring communities surrounding existing unincorporated commercial kennel operations have raised understandable concerns regarding what they consider to be excessive and intolerable noise levels emanating from these facilities. In response to these concerns, County staff researched a number of alternatives to mitigate and/or minimize the noise impacts. After subsequent informal meeting by Supervisor Silva with County Counsel, PDSD Staff and a number of the commercial dog kennel owners and operators one of the six original alternatives has emerged as the preferred method to take care of this issue. Alternative 1: Amendment to the Health Sanitation and Animal Regulations Section 4 -1 -48 of the Health Sanitation and Animal Regulations prohibits the keeping and maintenance of animals that may disturb the peace and comfort of the inhabitants of the neighborhood or reasonable enjoyment of life and property, except those animals on property used for and associated with agricultural production. Because the underlying zoning of some commercial dog kennel operations is AI "General Agriculture ", Section 4 -1 -48 currently does not apply to these facilities. The intent of this alternative is to amend the Health Sanitation and Animal Regulations to maintain the noise exception for animals utilized for agricultural purposes, but more narrowly define the exception to animals used for the production of crops, livestock and poultry. This alternative would change the text of Section 4 -1 -48 to read, (a) No person shall keep, maintain, or permit, either wildly or through failure to exercise proper control, on any lot, parcel of land or premises under his or her control any animal: (I) which by sound or cry shall disturb the peace and comfort of the inhabitants of the neighborhood, or (2) which affects an entire community or neighborhood or any considerable number ofpersons, although the extent of annoyance or damage may differ, or (3) which interferes with any person in the reasonable and comfortable enjoyment of life or property (b) Noise generated by animals utilized in the production of crops livestock or poultry is not subiect to this section. (c) Violation of the noise standards set out in section 4 -6 -5 shall be deemed to constitute a violation of this section. (d) A violation of this section is a public nuisance The intent of this alternative is to encourage noise mitigation, such as keeping of dogs in enclosed, sound attenuated structures to attain an enhanced quality of life for surrounding residents without forcing commercial kennel operators in areas zoned Al to comply with more restrictive noise standards than property owners in other areas of the County. Advantages: More closely reflects what staff believes to be the true intent of the County Code. Implementation can be immediate. Disadvantages: Capital expenses may be incurred by kennel operators found to be in violation of the Ordinance. Significant costs for monitoring and enforcement of new Ordinance may be incurred by the County. CEQA DOCUMENTATION The project is Categorically Exempt, Class 8, from the California Environmental Quality Act. RECOMMENDATION Planning and Development Services Department recommends the Planning Commission: a. Receive staff presentation and public testimony as appropriate; b. Recommend that the Board of Supervisors amend Section 4 -1 -48 of the County Codified Ordinances. Respectfully submitted, a Jo Buzas, Manager ent and Advance Planning Services Attachments: Attachment 1: Ordinance amending Section 4 -1 -48 relating to Nuisances Attachment 2: Section 4 -6 -5 "Exterior Noise Standards" of County Codified Ordinances Attachment 3: Correspondence received from interested parties 0 439241 40 SANTA ANA HEIGHTS, 18201 Von Karman Av, Irvine CA 92612 PU CJ1EM .1NOT1, N( if 439321 04 SLUSHER SECOND FAMILY LTD PA B Morning Dove Laguna Niguel CA 92677 IMPORTANT PUBLIC HEARING NOTICE 119 2UU 3f ORANGE COUNTY FLOOD CONTR PO Box 4106 Santa Ana CA 92702 IMPORT ANT; PUBLIC HEARIAG.NOTICE--!? 1,i�SUF-Ic;CMT 0 R E S S 0 .t 119261 21 COUNTY OF ORANGE PO Box 4106 Santa Ana CA 92702 IMI!(�RT. �• PUBtI0 H tFHI �. s;uu ii ;YUGi1 E�r,,.�Ei 119 39129 Stacy Astor 316 Miller Ave #H Mill Valley CA 94941 IMPORTANT PUBLIC HEARING NOTICE *,S% --53�hA 7e.% e ryt t'JL "U J �j rq EXrig:� AST0316 94941306=03 GS :•1 ir::,�: >4 FORWARD TIME EXR T�j TO �STACY HERING ASi.Dw, S. ASSOCS�. 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