HomeMy WebLinkAboutZoning Code Amendment Initiation (PA2004-186)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
September 9, 2004
TO: Planning Commission
FROM: Planning Department
Jaime Murillo, Assistant Planner
(949) 644 -3209, imurilloCa )citv.newoort- beach.ca.us
SUBJECT: Zoning Code Amendment Initiation —Amend Chapter 20.44 (Specific
Plan District #7Santa Ana Heights) to be consistent with Chapter
20.85 (Accessory Dwelling Units). (PA2004 -186)
Adopt resolution of intent
DISCUSSION
Introduction
This amendment is necessary to maintain consistency between Chapter 20.85
(Accessory Dwelling Units) and Chapter 20.44 (SP 7 -Santa Ana Heights) of the
Newport Beach Municipal Code.
Chapter 20.85 (Accessory Dwelling Units) was amended on April 3, 2003 to grant the
Planning Director approval authority over Use Permit applications for "granny units ",
rather than review by the Planning Commission, as previously required. However, an
amendment to the sections of Chapter 20.44 (SP 7 -Santa Ana Heights) pertaining to
granny units could not be addressed at the time because the annexation of Santa Ana
Heights was not completed until July 1, 2003.
The Santa Ana Heights Speck Plan currently 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, "..subject to the
approval of a use permit by the Planning Commission ".
Therefore, the proposed amendment to Chapter 20.44 (SP 7 -Santa Ana Heights) would
allow for granny units to be approved by the Planning Director, consistent with Chapter
20.85 (Accessory Dwelling Units), provided that the unit conforms to all applicable
development standards.
Granny Units
September 9, 2004
Page 2
Environmental Review:
A request to initiate a Zoning Code Amendment is considered a feasibility or planning
study by staff, which is statutorily exempt pursuant to Section 15262 of the
Implementing Guidelines for the California Environmental Quality Act,
Public Notice:
Notice is not required for a request to initiate a Zoning Code Amendment. Should the
request be approved by the Planning Commission, the amendment will require noticed
public hearings at the Planning Commission and City Council.
Prepared by:
JaTme Murillo
Assistant Planner
Attachment: Resolution of intent.
Submitted by:
Patricia L. emp e
Planning Director
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH INITIATING AN AMENDMENT
TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE
TO AMEND CHAPTER 20.44 (SPECIFIC PLAN DISTRICT #7 -
SANTA ANA HEIGHTS) TO BE CONSISTENT WITH
CHAPTER 20.85 (ACCESSORY DWELLING UNITS).
(PA 2004 -186)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
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, rather than the Planning Director.
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).
WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the
Planning Commission to adopt a resolution initiating amendments to the Zoning Code of
the City of Newport Beach.
NOW, THEREFORE, BE IT RESOLVED
Section 1. The Planning Commission hereby initiates an amendment to Title 20
of the Newport Beach Municipal Code to amend Chapter 20.44 (SP 7 -Santa Ana
Heights) to be consistent with Chapter 20.85 (Accessory Dwelling Units).
PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF SEPTEMBER 2004.
BY:
Larry Tucker, Chairman
Jeffrey Cole, Secretary
AYES:
NOES: