HomeMy WebLinkAbout16 - Specific Plan District 7 - Santa Ana HeightsCITY OF NEWPORT BEACH�''�''��
. CITY COUNCIL STAFF REPORT
Agenda Item No. 10
December 14, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Jaime Murillo, Assistant Planner
(949) 644 -3209, imurilloacity.newport- beach.ca.us
SUBJECT: Code Amendment No. 2004 -009 amending Chapter 20.44
(Specific Plan District #7 -Santa Ana Heights) to be consistent
with Chapter 20.85 (Accessory Dwelling Units). (PA2004 -186)
ISSUE:
Should the City amend Title 20, Chapter 20.44 (Specific Plan District #7 - Santa
Ana Heights) of the City of Newport Beach Municipal Code to allow for granny
units to be approved by the Planning Director, consistent with Chapter 20.85
• (Accessory Dwelling Units)?
RECOMMENDATION:
Introduce Ordinance No. 2004 - approving Code Amendment No. 2004 -009
and pass to second reading on January 11, 2005.
DISCUSSION:
Background:
The Planning Commission adopted Resolution No. 1650 recommending the
adoption of Code Amendment No. 2004 -009 (PA 2004 -186) by the City Council
to revise Section 20.44.035.D(8) and Section 20.44.040.D(8) of the Newport
Beach Municipal Code to allow the accessory use of granny units, subject to the
approval of a use permit by the Planning Director.
Analysis:
On May 13, 2003, the City Council adopted Ordinance No. 2003 -6 amending
Chapter 20.85 (Accessory Dwelling Units) to change the approval authority over
the existing use permit requirement for "granny units' from the Planning
Commission to the Planning Director.
At the time Ordinance No. 2003 -6 was adopted, the Santa Ana Heights area had
not yet been annexed. Santa Ana Heights was annexed into the City on July 1,
2003 at which time the Santa Ana Heights Specific Plan was incorporated into
Title 20 of the Newport Beach Municipal Code.
The Santa Ana Heights Specific Plan permits granny units within the Residential
Equestrian District (REQ) and the Residential Single Family District (RSF) as an
accessory use in conformance with Chapter 20.85; however, they remain
° ... subject to the approval of a use permit by the Planning Commission ". The
Specific Plan provisions are therefore inconsistent with citywide provisions
allowing approval by the Planning Director.
In an effort to provide equal application of granny unit provisions citywide, staff
proposes amending the Santa Ana Heights Specific Plan Text to allow approval
by the Planning Director.
Additionally, the Santa Ana Height Project Advisory Committee (SAHPAC)
members have been given an opportunity to review the subject Code
Amendment and have informed staff that they have no objections to changing the
SAH Speck Plan to be in conformance with how granny units are reviewed in
other parts of the City.
Environmental Review:
The proposed action is not defined as a project under the California
Environmental Quality Act (CEQA) because it involves general policy and
procedure making activities not associated with a project or a physical change in
the environment (Section 15378 of the CEQA Guidelines).
Public Notice:
Public notice for the December 10, 2004 hearing was printed in the local Daily
Pilot newspaper.
Prepared by:
Submitted by:
Jaime Murillo� Patricia L. Temple
Assistant Planner Planning Director
Exhibits:
A) Ordinance 2004-_
B) November 18, 2004 Planning Commission Staff Report
•
F WSERSW LMShM0PA'dPA5 - 2DUTA2004- 186+PA2004 -186 Mp121006.doz •
a
Exhibit
«A„
Ordinance 2004-
3
ORDINANCE 2004-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 20.44 OF THE
MUNICIPAL CODE RELATED TO THE APPROVAL
AUTHORITY OF GRANNY UNITS. [CODE AMENDMENT NO.
2004 -009]
WHEREAS, on September 9, 2004, the Planning Commission of the City of Newport
Beach initiated an amendment to Chapter 20.44 of the Newport Beach Municipal Code
related to granny units; and
WHEREAS, on November 18, 2004, the Planning Commission of the City of
Newport Beach held duly noticed public hearings regarding this code amendment; and
WHEREAS, the Planning Commission voted unanimously to recommend approval
of this code amendment to the City Council; and
WHEREAS, on December 14, 2004 the City Council of the City of Newport Beach
held duly noticed public hearings regarding this code amendment; and
WHEREAS, Chapter 20.44 (Specific Plan #7 -Santa Ana Heights) is currently
inconsistent with the requirements of Chapter 20.85 (Accessory Dwelling Units), by
permitting granny units though the approval of a Use Permit by the Planning Commission;
and
WHEREAS, an amendment to Chapter 20.44 (SP 7 -Santa Ana Heights) is
necessary to allowfor granny units to be approved by the Planning Director, consistentwith
Chapter 20.85 (Accessory Dwelling Units); and
WHEREAS, pursuant to the Califomia Environmental Quality Act, it has been
determined that the proposed amendment is not considered a "project" as defined by
CEQA.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to
revise Section 20.44.035.D(8) and Section 20.44.040.D(8) of the Newport Beach Municipal
Code to allow the accessory use of granny units as follows:
"Granny unit, attached or detached, in conformance with Chapter 20.85, subject to the
approval of a use permit by the Planning Directot".
All other provisions of Chapter 20.44 shall remain unchanged.
4
SECTION 2: 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 , 2004, and adopted on the _ day of _ 2005, by the
following vote, to wit:
9
ATTEST:
CITY CLERK
L_�
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
Exhibit
«B„
November 18, 2004 Planning Commission Staff Report
0
0
to
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item: 4
November 18, 2004
TO: Planning Commission
FROM: Planning Department
Jaime Murillo, Assistant Planner
(949) 644 -3209, amurillo (a--) city. newport- beach. ca. us
SUBJECT: Code Amendment No. 2004 -009 Amending Chapter 20.44 (Specific Plan
District #7 -Santa Ana Heights) to be consistent with Chapter 20.85
(Accessory Dwelling Units). (PA2004 -186)
DISCUSSION
This project was continued from the October 21, 2004 Planning Commission meeting to
allow the Santa Ana Heights Project Advisory Committee (SAHPAC) members sufficient
time and opportunity to review the subject Code Amendment. Staff inadvertently did not
directly notice the SAHPAC because it was thought to be a minor amendment to the
Santa Ana Heights Specific Plan. However, Rodger Summers, Chairman of the
SAHPAC, had expressed concerns requesting notification of any changes or
developments related to Santa Ana Heights Specific Plan area. Therefore, staff
decided to request a continuance of the amendment to this meeting.
Rick Dayton, Chairman of the SAHPAC Development Sub - Committee, has since
provided staff with an email letter stating that the SAHPAC has no objections to
changing the SAH Specific Plan to be in conformance with how granny units are
reviewed for other parts of the City. Staff recommends the Planning Commission adopt
the attached resolution recommending approval of Code Amendment No. 2004 -009 to
the City Council.
Prepared by:
Jaime Murillo
Assistant Planner
Submitted by:
PLI-��Oa 1ti
Patricia L. Temple
Planning Director
Attachments:
1. Draft Resolution 2004 -_
2. October 21, 2004 Planning Commission Staff Report
I
Attachment
1
Resolution No. 1650
no
. RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING ADOPTION
OF CODE AMENDMENT NO. 2004 -009 RELATED TO
GRANNY UNITS (PA 2004 -186)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, The Planning Commission initiated an amendment to Chapter
20.44 of the Municipal Code related to granny units on September 9, 2004; and
WHEREAS, A public hearing was held on November 18, 2004 in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place, and purpose of the meeting was given in accordance with the Municipal Code.
Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting; and
• WHEREAS, an amendment to Chapter 20.85 (Accessory Dwelling Units) was
adopted on May 13, 2003 changing the approval authority of an existing Use Permit
application for granny units from the Planning Commission to the Planning Director; and
WHEREAS, Chapter 20.44 (Specific Plan #7 -Santa Ana Heights) is currently
inconsistent with the requirements of Chapter 20.85 (Accessory Dwelling Units), by
permitting granny units though the approval of a Use Permit by the Planning
Commission; and
WHEREAS, an amendment to Chapter 20.44 (SP 7 -Santa Ana Heights) is
necessary to allow for granny units to be approved by the Planning Director, consistent
with Chapter 20.85 (Accessory Dwelling Units); and
WHEREAS, pursuant to the California Environmental Quality Act, it has been
determined that the proposed amendment is not considered a "project" as defined by
C EQA.
NOW, THEREFORE, BE IT RESOLVED
Section 1. The Planning Commission hereby recommends that the City Council
• of the City of Newport Beach adopt Code Amendment No. 2004 -009 to revise Section
A
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 2
20.44.035.1)(8) and Section 20.44.040.1)(8) of the Newport Beach Municipal Code to allow •
the accessory use of granny units as follows:
"Granny unit, attached or detached, in conformance with Chapter 20.85, subject to the
approval of a use permit by the Planning Director".
All other provisions of Chapter 20.44 shall remain unchanged.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF NOVEMBER 2004.
AYES:
NOES:
M-
Larry Tucker, Chairman
BY:
Jeffrey Cole, Secretary
1]
�J
ib
Attachment
2
October 21, 2004 Planning Commission Staff Report
0
11
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item: 3
October 21. 2004
TO: Planning Commission
FROM: Planning Department
Jaime Murillo, Assistant Planner
(949) 644 -3209, amurillo (aa) city. newport- beach. ca. us
SUBJECT: Code Amendment No. 2004 -009 Amending Chapter 20.44 (Specific Plan
District #7 -Santa Ana Heights) to be consistent with Chapter 20.85
(Accessory Dwelling Units). (PA2004 -186)
0
RECOMMENDATION
Adopt the attached resolution recommending approval of Code Amendment No. 2004-
009 to the City Council.
DISCUSSION •
The City Council adopted Ordinance No. 2003 -6 on May 13, 2003 amending Chapter
20.85 (Accessory Dwelling Units) to change approval authority over the existing use
permit requirement for "granny units" from the Planning Commission to the Planning
Director.
At the time Ordinance No. 2003 -6 was adopted, the Santa Ana Heights area had not yet
been annexed. Santa Ana Heights was annexed into the City on July 1, 2003 at which
time the Santa Ana Heights Specific Plan was incorporated into Title 20 of the Newport
Beach Municipal Code.
The Santa Ana Heights Specific Plan permits granny units within the Residential
Equestrian District (REQ) and the Residential Single Family District (RSF) as an
accessory use in conformance with Chapter 20.85, however, they remain "...subject to
the approval of a use permit by the Planning Commission ". The Specific Plan
provisions are therefore inconsistent with citywide provisions allowing approval by the
Planning Director.
In an effort to provide equal application of granny unit provisions citywide, staff
proposes amending the Santa Ana Heights Specific Plan Text to allow approval by the
Planning Director. 0
I�
E
Granny Units
October 21, 2004
Page 2
Environmental Review:
The proposed action is not defined as a project under the California Environmental
Quality Act (CEQA) because it involves general policy and procedure making activities
not associated with a project or a physical change in the environment (Section 15378 of
the CEQA Guidelines).
Public Notice:
Public notice for the October 21, 2004 hearing was posted in the local Daily Pilot
newspaper.
Prepared by:
Jarime Murillo
Assistant Planner
Attachment: Draft Resolution 2004 -
Submitted by:
Patricia L. Temple
Planning Director
13
ti
NOTICE OF PUBLIC HEARING
Code Amendment No. 2004 -009
(PA2004 -186)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold
a public hearing on a proposed amendment to Chapter 20.44 (Specific Plan #7 - Santa
Ana Heights) to change approval authority over the existing use permit requirement for
granny units from the Planning Commission to the Planning Director, consistent with
Chapter 20.85 (Accessory Dwelling Units).
NOTICE IS HEREBY FURTHER GIVEN that this project has been reviewed, and it has
been determined that the proposed action is not defined as a project under the
Califomia Environmental Quality Act (CEQA) because it involves general policy and
procedure making activities not associated with a project or a physical change in the
environment (Section 15378 of the CEQA Guidelines).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th
day of January, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport
Beach City Hall, 3300 Newport Boulevard, Newport Beach, Califomia, at which time and
place any and all persons interested may appear and be heard thereon. 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) 644 -3200.
LaVonne M. Harkless, City Clerk
City of Newport Beach
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NOTICE OF PUBLIC HEARING
Code Amendment No. 2004 -009
(PA2004 -186)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold
a public hearing on a proposed amendment to Chapter 20.44 (Specific Plan #7 - Santa
Ana Heights) to change approval authority over the existing use permit requirement for
granny units from the Planning Commission to the Planning Director, consistent with
Chapter 20.85 (Accessory Dwelling Units).
NOTICE IS HEREBY FURTHER GIVEN that this project has been reviewed, and it has
been determined that the proposed action is not defined as a project under the
California Environmental Quality Act (CEQA) because it involves general policy and
procedure making activities not associated with a project or a physical change in the
environment (Section 15378 of the CEQA Guidelines).
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 11th
day of January, 2005, at the hour of 7:00 p.m. 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. 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) 644 -3200.
b2
LaVonne M. Harkless, City Clerk
City of Newport Beach
Authorized to Publish Advertisement; 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
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
December 31, 2004
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on January 7, 2005 at
Costa Mesa, California.
Signature
NOTICE OF
PUBLIC NEARING
may he limited to raising
only those issues you or
C0&
someone else raised at
No. 2004-009
the public hearing
(PA2WI86)
described in this notice
in
NOTICE IS HEREBY
or written corre-
spondence delivered to
GIVEN that the City
the City at, or prior to,
Council of the City of
the public hearing. For
Newport Beach will hold
information call (949)
a public hearing on a
644 -3200,
proposed amendment to
LeVomm N1,. Backless,
Chapter 20.44 (Specific
City Clark
Plan *7 - Santa Ana
City of Newport Beach
Heights) to change
Published Newport
approval authority aver.
Beach /Costa Mesa Daily
the existing use permit
Pilot December 31,
requirement for granny
20114 F126
units from the Planning
Commission to the
Planning Director, con-
sistent with Chapter
20.85 (Accessary
Dwelling Units).
NOTICE IS HEREBY
FURTHER GIVEN that
this project has been
reviewed, and it has
been determined that
the proposed action is
not defined as a project
under the California
Environmental Quality
Act (CEQA) because it
involves general policy
and procedure making,
activities not associated
with a project or a 1
physical change in the,
environment (Section
15378 of the CEQA
Guidelines).
NOTICE IS HEREBY
FURTHER GIVEN that
S'id public hearing will
be held the th day
of January, 2005, at
the hour of 7:00
Council Chambers
bens
ofthe
of the Newport Beach
City Hall, Newport
Boulevard, ewport
Beach, California, at
which time me and place
any and persons
m
interested may appear
and be h thereon. If
you challenge this
protect in court, you