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HomeMy WebLinkAbout2004-29 - Amending Chapter 20.44 of the Municipal Code Related to the Approval Authority of Granny Units. [Code Amendment No. 2004-009].ORDINANCE 2004 -29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.44 OF THE MUNICIPAL CODE RELATED TO THE APPROVAL AUTHORITYOF 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 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 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 Director'. All other provisions of Chapter 20.44 shall remain unchanged. 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 December 14, 2004, and adopted on the 11th day of January 2005, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS None STATE OF CALIFORNIA } COUNTY OF ORANGE 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 ordinance, being Ordinance No. 2004 -29 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 I lth day of January 2005, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of January 2005. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2004 -29 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: January 15, 2005. In witness whereof, I have hereunto subscribed my name thisc6�1 day of A U4'P 2005. ( ` City Clerk City of Newport Beach, California