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HomeMy WebLinkAbout88-39 - Amending Title 20 of the Municipal Code so as to Adopt an Ordinance Prohibiting the Creation of Second Family Units in Single Family or Multi-Family Districts (Planning Commission Amendment No. 669)ORDINANCE NO. 88 -39 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO ADOPT AN ORDINANCE PROHIBITING THE CREATION OF SECOND FAMILY UNITS IN SINGLE FAMILY OR MULTI- FAMILY DISTRICTS (Planning Commission Amendment No. 669) WHEREAS, Section 65852.2 of the California Government Code provides criteria for local agencies to establish regulations pertaining to the creation of second family units on single or multi - family building sites or to prohibit such uses; and WHEREAS, the City has recently completed major revisions to the Land Use and Circulation Elements of the General Plan; and WHEREAS, as a part of these revisions the City reviewed all of it's existing commercial intensity standards and permitted residential densities and it was determined that the previous allowable development would adverse- ly impact the City's existing circulation system; and WHEREAS, in order to determine the levels of development that could be accommodated in the City, a computerized Traffic Model was developed to analyze the impacts of different levels of commercial, residential, and industrial growth on the City's circulation system; and WHEREAS, after over eighteen months of public input, extensive analysis by Staff and Consultants, and many public hearings before the Planning Commission and City Council, the Land Use Element of the General Plan now establishes specific levels of development, both commercial and residential, that are correlated with the Circulation Element; and WHEREAS, the increase in the number of dwelling units that could be created pursuant to Section 65852.2 of the Government Code would adversely impact the balance and correlation between the Land Use and Circulation Elements of the General Plan; and WHEREAS, Section 65852.2 (c) sets forth the findings necessary for local agencies to prohibit second family units; and WHEREAS, the areas devoted to single family residential uses within the City of Newport Beach have developed so as to provide the residents a high quality of life and the peaceful enjoyment of their neighborhoods; and WHEREAS, the City of Newport Beach has historically provided a balance between the amount of land devoted to single and multi - family areas; and WHEREAS, there are many areas of the City designated for Two - Family and Multi- Family Residential uses that are developed with less than the per- mitted number of dwelling units on individual building sites; and WHEREAS, these underdeveloped Two- Family and Multi- Family Residential areas have been designed and built to provide adequate infrastructure for additional dwelling units; and WHEREAS, it is likely that any additional dwelling units created within these underdeveloped Two - Family and Multi- Family Residential areas would • provide housing opportunities for all economic segments of the City; and WHEREAS, it is the intention of the City to adopt an ordinance permitt- ing "Granny Units;" and WHEREAS, the creation of additional dwelling units in the Two- Family and Multi- Family Residential areas within the growth limits established in the General Plan Land Use Element will satisfy the legislative intent of 1 Section 65852.2 by increasing the number of housing opportunities within the region; and WHEREAS, prohibiting second family units within Single and Multi- Family Residential areas may limit housing opportunities of the region, any additional demand can be provided within the existing underdeveloped Two - Family and Multi- Family Residential areas; and WHEREAS, the creation of second family dwelling units in Single Family Detached areas will adversely impact the peace and quiet associated with these neighborhoods in the City; and _ WHEREAS, the City Council of the City of Newport Beach has found and determined that second family units as defined herein and in Section 65852.2 of the Government Code will adversely impact the public health, safety, and welfare of residents in the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Newport Beach Municipal Code is hereby amended to include Chapter 20.79, Second Family Units. This Chapter shall apply to all property within the City. SECTION 2. The Planning Director of the City of Newport Beach is hereby instructed and directed to enforce the provisions of this Chapter. SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This ordinance shall be published once in the official newspaper of the City within fifteen (15) days of its adoption. This ordinance shall be effective thirty days after the date of its adop- tion. SECOND FAMILY UNITS 40 CHAPTER 20.79 Sections: 20.79.010 Intent and Purpose 20.79.015 Definitions 20.79.020 Prohibitions 20.79.025 Separability 20.79.010 INTENT AND PURPOSE. It is the intent of this Chapter to prohibit the development of second family residential units on single family residential lots as provided for in Section 65852.2 of the California Government Code. 20.79.015 DEFINITION. The following term used in this Chapter shall have the meaning indicated herein: Second Family Residential Unit. A dwelling unit ancillary to and either attached to, detached from, or contained within the primary dwelling unit on a building site. • 20.79.020 PROHIBITIONS. The creation of a second family residential unit on all building sites within the City of Newport Beach where the zoning and General Plan permit only one (1) dwelling unit is expressly prohibited. Nothing contained herein shall affect the creation of Granny Units under Section 65852.1 of the California Government Code that are in compliance with the Newport Beach Municipal Code. 2 20.79.025 SEPARABILITY. If any provisions or requirements of this Chapter shall be found invalid or unconstitutional in application or interpretation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. This ordinance was introduced at a regular meeting of the City Council of the City of Newport beach held on the loth day of October, 1988, and was adopted on the 24th day of October 1988, by the following vote, to wit: AYES, COUNCIL MEMBERS TURNER, PLUMMER, HART, COX, STRAUSS, SANSONE, MAURER NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE AT EST: Aft City Clerk low CG:WP:ORD2079:October 4, 1988 3