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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: