HomeMy WebLinkAbout88-39 - Amending Title 20 of the Municipal Code so as to Adopt an Ordinance Prohibiting the Creation of Second Family Units in Single Family or Multi-Family Districts (Planning Commission Amendment No. 669)ORDINANCE NO. 88 -39
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20
OF THE MUNICIPAL CODE SO AS TO ADOPT AN ORDINANCE
PROHIBITING THE CREATION OF SECOND FAMILY UNITS IN
SINGLE FAMILY OR MULTI- FAMILY DISTRICTS
(Planning Commission Amendment No. 669)
WHEREAS, Section 65852.2 of the California Government Code provides
criteria for local agencies to establish regulations pertaining to the
creation of second family units on single or multi - family building sites or
to prohibit such uses; and
WHEREAS, the City has recently completed major revisions to the Land
Use and Circulation Elements of the General Plan; and
WHEREAS, as a part of these revisions the City reviewed all of it's
existing commercial intensity standards and permitted residential densities
and it was determined that the previous allowable development would adverse-
ly impact the City's existing circulation system; and
WHEREAS, in order to determine the levels of development that could be
accommodated in the City, a computerized Traffic Model was developed to
analyze the impacts of different levels of commercial, residential, and
industrial growth on the City's circulation system; and
WHEREAS, after over eighteen months of public input, extensive analysis
by Staff and Consultants, and many public hearings before the Planning
Commission and City Council, the Land Use Element of the General Plan now
establishes specific levels of development, both commercial and residential,
that are correlated with the Circulation Element; and
WHEREAS, the increase in the number of dwelling units that could be
created pursuant to Section 65852.2 of the Government Code would adversely
impact the balance and correlation between the Land Use and Circulation
Elements of the General Plan; and
WHEREAS, Section 65852.2 (c) sets forth the findings necessary for
local agencies to prohibit second family units; and
WHEREAS, the areas devoted to single family residential uses within the
City of Newport Beach have developed so as to provide the residents a high
quality of life and the peaceful enjoyment of their neighborhoods; and
WHEREAS, the City of Newport Beach has historically provided a balance
between the amount of land devoted to single and multi - family areas; and
WHEREAS, there are many areas of the City designated for Two - Family and
Multi- Family Residential uses that are developed with less than the per-
mitted number of dwelling units on individual building sites; and
WHEREAS, these underdeveloped Two- Family and Multi- Family Residential
areas have been designed and built to provide adequate infrastructure for
additional dwelling units; and
WHEREAS, it is likely that any additional dwelling units created within
these underdeveloped Two - Family and Multi- Family Residential areas would
• provide housing opportunities for all economic segments of the City; and
WHEREAS, it is the intention of the City to adopt an ordinance permitt-
ing "Granny Units;" and
WHEREAS, the creation of additional dwelling units in the Two- Family
and Multi- Family Residential areas within the growth limits established in
the General Plan Land Use Element will satisfy the legislative intent of
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Section 65852.2 by increasing the number of housing opportunities within the
region; and
WHEREAS, prohibiting second family units within Single and Multi- Family
Residential areas may limit housing opportunities of the region, any
additional demand can be provided within the existing underdeveloped Two -
Family and Multi- Family Residential areas; and
WHEREAS, the creation of second family dwelling units in Single Family
Detached areas will adversely impact the peace and quiet associated with
these neighborhoods in the City; and
_ WHEREAS, the City Council of the City of Newport Beach has found and
determined that second family units as defined herein and in Section 65852.2
of the Government Code will adversely impact the public health, safety, and
welfare of residents in the City. NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The Newport Beach Municipal Code is hereby amended to
include Chapter 20.79, Second Family Units. This Chapter shall apply to all
property within the City.
SECTION 2. The Planning Director of the City of Newport Beach is
hereby instructed and directed to enforce the provisions of this Chapter.
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 within fifteen (15) days of its adoption.
This ordinance shall be effective thirty days after the date of its adop-
tion.
SECOND FAMILY UNITS
40 CHAPTER 20.79
Sections:
20.79.010 Intent and Purpose
20.79.015 Definitions
20.79.020 Prohibitions
20.79.025 Separability
20.79.010 INTENT AND PURPOSE. It is the intent of this
Chapter to prohibit the development of second family residential units on
single family residential lots as provided for in Section 65852.2 of the
California Government Code.
20.79.015 DEFINITION. The following term used in this Chapter
shall have the meaning indicated herein:
Second Family Residential Unit. A dwelling unit ancillary to and
either attached to, detached from, or contained within the primary
dwelling unit on a building site.
• 20.79.020 PROHIBITIONS. The creation of a second family
residential unit on all building sites within the City of Newport Beach
where the zoning and General Plan permit only one (1) dwelling unit is
expressly prohibited. Nothing contained herein shall affect the creation of
Granny Units under Section 65852.1 of the California Government Code that
are in compliance with the Newport Beach Municipal Code.
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20.79.025 SEPARABILITY. If any provisions or requirements of
this Chapter shall be found invalid or unconstitutional in application or
interpretation by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Chapter.
This ordinance was introduced at a regular meeting of the City Council
of the City of Newport beach held on the loth day of October, 1988, and was
adopted on the 24th day of October 1988, by the following vote, to wit:
AYES, COUNCIL MEMBERS TURNER, PLUMMER, HART,
COX, STRAUSS, SANSONE, MAURER
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
AT EST:
Aft City Clerk
low CG:WP:ORD2079:October 4, 1988
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