HomeMy WebLinkAbout2021-37 - Temporarily Waiving Building Plan Check, Building Construction Permit, and Other City Permit Fees Directly Related to the Design and Construction of Accessory Dwelling Units and Junior Accessory Dwelling UnitsRESOLUTION NO. 2021-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, TEMPORARILY
WAIVING BUILDING PLAN CHECK, BUILDING
CONSTRUCTION PERMIT, AND OTHER CITY PERMIT
FEES DIRECTLY RELATED TO THE DESIGN AND
CONSTRUCTION OF ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, the City Council adopted Resolution No. 2021-18 on March 9, 2021
adding City Council Policy K-4 (Reducing the Barriers of the Creation of Housing) whose
stated policy goals include an increase in the production of accessory dwelling units
("ADUs") and junior accessory dwelling units ("JADUs") in order to meet the City of
Newport Beach's ("City") Regional Housing Needs Assessment ("RHNA") allocation of
4,845 units of varying affordability;
WHEREAS, Chapter 3.36 (Cost Recovery for User Services) of the Newport
Beach Municipal Code ("NBMC") and the City's Schedule of Rents, Fines and Fees
("SRFF") establish the fees for permits, inspections, and other fees related to building and
construction activities;
WHEREAS, the City Council desires to promote the construction of ADUs and
JADUs by temporarily waiving City related fees, including building plan check, building
construction permit, and other directly associated permit fees;
WHEREAS, this temporary fee waiver encourages the construction of new ADUs
and JADUs, as well as the legalization of existing unpermitted ADUs and JADUs, as part
of an existing residence, to meet the City's RHNA allocation; and
WHEREAS, the City Council hereby finds that it is in the best interest of the City
to invest in protecting the character and distinctive areas of the community through the
establishment of this temporary fee waiver.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby temporarily waive the City building
plan check, building construction permit, and other related City fees required for plan
check, permits, inspections, re -inspections and other related activities, for the design and
construction of ADUs and JADUs on existing residential developments and the
legalization of existing unpermitted ADUs and JADUs subject to the additional eligibility
requirements set forth herein.
Resolution No. 2021-37
Page 2 of 3
Section 2: The temporary waiver of the fees set forth in Section 1 apply to: 1)
construction of a new detached ADU to an existing residence; 2) construction of a new
attached ADU or JADU to an existing residence; 3) conversion of existing residential floor
area, including a garage, to an ADU or JADU; or 4) legalization of an existing unpermitted
ADU or JADU that meets all current and applicable requirements of Title 9 (Fire Code),
Chapter 15.04 (Building Code), Chapter 15.05 (Residential Code), Chapter 15.06
(Electrical Code), Chapter 15.07 (Mechanical Code), Chapter 15.08 (Plumbing Code) and
Sections 20.48.200/21.48.200 (Accessory Dwelling Units) of the NBMC. The temporary
waiver of fees shall not apply to an application for an ADU or JADU as part of a new
residential development or to any application for an ADU or JADU submitted to the City
prior to the effective date of this resolution.
Section 3: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 4: Except as expressly set forth herein, nothing contained in this
resolution shall be deemed to waive any fees otherwise required by any other provision
of law, including fees collected by the City on behalf of any other public agency or entity,
nor otherwise waive compliance with any other applicable provisions of the NBMC or any
other City ordinance, policy or regulation.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 6: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2021-37
Page 3of3
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council through December 31, 2022, at which time this resolution shall automatically
sunset without further action by the City Council. The City Clerk shall certify the vote
adopting the resolution.
ADOPTED this 27th day of April, 2021.
ATTEST:
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Leilani I. Brown
City Clerk U =`
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APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
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AaroA C. Harp
City Attorney
STATE OF CALIFORNIA
COUNTY OF ORANGE ; ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2021-37 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 27th day of April, 2021, and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Will O'Neill
NAYS: None
ABSENT: Council Member Noah Blom, Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 28th day of April, 2021.
Leilani I. Brown
City Clerk
Newport Beach, California
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