HomeMy WebLinkAboutCode Amendment (PA2004-186)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item: 3
October 21, 2004
TO: Planning Commission
FROM: Planning Department
Jaime Murillo, Assistant Planner
(949) 644 -3209, jmurilloO- citv.newaort- beach.ca.us
SUBJECT: Code Amendment No. 2004 -009 Amending Chapter 20.44 (Specific Plan
District #7-Santa Ana Heights) to be consistent with Chapter 20.85
(Accessory Dwelling Units). (PA2004 -186)
Adopt the attached resolution recommending approval of Code Amendment No. 2004-
009 to the City Council.
DISCUSSION
The City Council adopted Ordinance No. 2003 -6 on May 13, 2003 amending Chapter
20.85 (Accessory Dwelling Units) to change approval authority over the existing use
permit requirement for "granny units" from the Planning Commission to the Planning
Director.
At the time Ordinance No. 2003 -6 was adopted, the Santa Ana Heights area had not yet
been annexed. Santa Ana Heights was annexed into the City on July 1, 2003 at which
time the Santa Ana Heights Specific Plan was incorporated into Title 20 of the Newport
Beach Municipal Code.
The Santa Ana Heights Speck Plan 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, they remain "..subject to
the approval of a use permit by the Planning Commission ". The Specific Plan
provisions are therefore inconsistent with citywide provisions allowing approval by the
Planning Director.
In an effort to provide equal application of granny unit provisions citywide, staff
proposes amending the Santa Ana Heights Speck Plan Text to allow approval by the
Planning Director.
Granny Units
October 21, 2004
Page 2
Environmental Review:
The proposed action is not defined as a project under the California Environmental
Quality Act (CEQA) because it involves general policy and procedure making activities
not associated with a project or a physical change in the environment (Section 15378 of
the CEQA Guidelines).
Public Notice:
Public notice for the October 21, 2004 hearing was posted in the local Daily Pilot
newspaper.
Prepared by:
J � rill
Assistant Planner
Attachment: Draft Resolution 2004-
Submitted by:
r
Patricia L. Temple
Planning Director
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 October 21, 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
3
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 2
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.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF OCTOBER 2004.
F-W
Larry Tucker, Chairman
Jeffrey Cole, Secretary
AYES:
NOES:
1A