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HomeMy WebLinkAboutSpecific Plan District #7-Santa Ana Heights(PA2004-186)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, jmurilloCcDcity newoort- beach.ca.us SUBJECT: Code Amendment No. 2004 -009 Amending Chapter 20.44 (Specific Plan District V -Santa Ana Heights) to be consistent with Chapter 20.85 (Accessory Dwelling Units). (PA2004 -186) 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: aime Murillo Assistant Planner Submitted by: pa-�(Aiiii&4L - Patricia L. Temple Planning Director Attachments: 1. Draft Resolution 2004- 2. October 21, 2004 Planning Commission Staff Report Attachment 1 Draft Resolution PI 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 CEQA. 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 R City of Newport Beach Planning Commission Resolution No. _ Page 2 of 2 20.44.035.1)(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 Directs►". All other provisions of Chapter 20.44 shall remain unchanged. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF NOVEMBER 2004. BY: Larry Tucker, Chairman AM Jeffrey Cole, Secretary AYES: NOES: Attachment 2 October 21, 2004 Planning Commission Staff Report 6