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Home My WebLink About89-36 - Amending Title 20 of Newport Beach Municipal Code Establishing Regulations Pertaining to Low and Moderate Income housing within Coastal Zone. (Planning Commission Amendment No. 690)ORDINANCE NO. 8 9 - 3 6 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS PERTAINING TO LOW AND MODERATE INCOME Ig HOUSING WITHIN THE COASTAL ZONE. (Planning Commission Amendment No. 690) WHEREAS, Section 65590 of the California Code contains requirements concerning development activities within the Coastal Zone; and WHEREAS, the City of Newport Beach has territory located within the Coastal Zone; and WHEREAS, development activities of the type regulated by Government Code Section 65590 will occur within the Coastal Zone of Newport Beach; and WHEREAS, it is necessary and desirable for the City to clearly state its regulations and establish its authority for regulating development activities; and WHEREAS, it is appropriate that regulations governing development activities be contained in Title 20 (Zoning Code) of the Municipal Code of the City of Newport Beach; and WHEREAS, at its meeting of October 19, 1989, the Planning Commission of the City of Newport Beach held a public hearing regarding Planning Commission Amendment No. 690, and at that time voted to recommend that the City Council approve the amendment; and WHEREAS, on November 13, 1989, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this Ordinance; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 20.69 of the Newport Beach Municipal Code is hereby adopted to read as follows, and the Section heading 'PART VII. SPECIAL • USE REGULATIONS" which appears on Page 468 -33 is hereby removed: - 1 - Sections: 20.69.010 20.69.020 20.69.030 20.69.035 20.69.040 20.69.050 20.69.060 20.69.070 20.69.080 20.69.090 PART VII. SPECIAL USE REGULATIONS CHAPTER 20.69 LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE Intent Definitions Coastal Residential Development Permit Required. Exemptions Application for a CRDP - Fee. Affordable Housing Requirement Affordable Housing Agreement Public Hearing - Notice Appeal Right Of Review By City Council 20.69.010 INTENT. The City of Newport Beach is responsible for the administration of provisions of State Law relative to the demolition, conversion and construction of low and moderate income dwelling units within the Coastal Zone. These provisions of State Law are contained in Article 10.7 of the California Government Code, Section 65590 et.seq. This Chapter establishes a permit requirement for certain activities involving dwelling units within the Coastal Zone. The permit shall be known as a Coastal Residential Development Permit (CRDP). The purpose of the CRDP is to ensure compliance with State Law by maximizing low and moderate income housing opportunities within the Coastal Zone of Newport Beach. 20.69.020 DEFINITIONS. As used in this Chapter, the following terms shall have the meanings indicated: (a) Conversion - Conversion means a change of a dwelling unit to a condominium, cooperative, or a similar form of ownership; or a nonresidential use. 20.69.030 COASTAL RESIDENTIAL DEVELOPMENT PERMIT REQUIRED. A CRDP is required in order to conduct any of the following activities within the Coastal Zone: (1) The demolition or conversion of 11 or more dwelling units in two or more structures; or (2) The demolition or conversion of 3 or more dwelling units in one structure; or (3) The construction of 10 or more new dwelling units. 20.69.035 EXEMPTIONS. The following activities are exempt from the requirement of a CRDP: •(1) The demolition or conversion of a residential structure for the purpose of a nonresidential use which is either "coastal dependent," as defined in Section 30101 of the Public Resource Code, or "coastal related," as defined in Section 30101.3 of the Public Resources Code. The "coastal dependent" or "coastal related" uses must be consistent with the provisions of the City of Newport Beach's Local Coastal Program Land Use Plan. -2- (2) The demolition of any residential structure which has been declared to be a public nuisance under the provisions of Division 13 (commencing with Section 17000) of the Health and Safety Code. (3) The reconstruction of any nonconforming building damaged by fire, earthquake or other calamity when a use permit is not required pursuant to Section 20.83.060. 20.69.040 APPLICATION FOR A CRDP - FEE. Applications for a CRDP shall be filed in the Planning Department in writing on forms prescribed by the Planning Director. The application shall be accompanied by an application fee and an administration fee based on the projected number of low or moderate income dwelling units to be provided. Should the actual number of low and moderate income dwelling units differ from that projected a refund shall be made or an additional fee shall be collected. When a feasibility study is conducted the total cost of the study plus a processing fee shall also accompany the application. These fees shall be established by resolution of the City Council. The application fee shall be a single flat fee based on the cost of processing a CRDP. The administration fee shall be per low and moderate income dwelling unit based on the cost of administering an affordable housing requirement. The feasibility study processing fee shall be a percentage of the total feasibility study cost and shall be based on the cost of processing a study. Application for a CRDP may be signed by the property owner or owners, a lessee or lessees possessing an appropriate lease, or an agent with written authorization from the owner of the property affected. 20.69.050 AFFORDABLE HOUSING REQUIREMENT. When demolition or conversion activities involve low and moderate income units, replacement units shall be provided on a one for one basis. A feasibility study shall be required for new dwelling unit construction of 10 or more units when low and moderate income dwelling units are not proposed at the affordability standards contained in the Housing Element of the Newport Beach General Plan. The test of feasibility shall be initially conducted at the Housing Element standard and then at progressively higher standards contained in State Health and Safety Code Section 50093. 20.69.060 AFFORDABLE HOUSING AGREEMENT. The City and owner of the low and moderate income dwelling units provided shall enter into an affordable housing agreement governing the dwelling units and that agreement shall be recorded against the property. 20.69.070 PUBLIC HEARING - NOTICE. A public hearing shall be held before the Planning Commission on all CRDPs. A CRDP shall not become effective for twenty-one (21) days after being granted. If an appeal is filed or the City Council exercises its right of review the CRDP shall not become effective until a decision granting the CRDP is made by the City Council. Notice of the Public Hearing shall be mailed to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the subject property. This notice shall be mailed not less than ten (10) days before the hearing date. The notices shall be postage paid and use addresses from the last equalized assessment roll or from other records, acceptable to he City, that have more recent addresses. It is the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with •the names and addresses of the property owners as required by this section. In addition to the mailed notice the subject property shall be posted in not less than two (2) conspicuous places on or close to the property not less than ten (10) days prior to the public hearing. When low and moderate income dwelling units are proposed for an off -site location the notice and posting requirements shall also apply to the property upon which the low and moderate income dwelling units are to be located. - 3 - Additional notice need not be give if a public hearing is continued at the public hearing noticed and if the date of the continued hearing is announced in open meeting. 20.69.080 APPEAL. If the applicant, any other person, firm or corporation is not satisfied with the action of the Planning Commission the action may be appealed to the City Council by filing a written notice of appeal with the City Clerk within twenty-one (21) days after the Planning Commission action. The notice of appeal •shall be accompanied by a fee established by resolution of the City Council. The appeal fee shall be based on the cost of processing the appeal. The City Clerk shall set a public hearing date for the appeal and give notice in the manner specified in section 20.69.070. The City Clerk shall also notify the appellant, the applicant when different than the appellant and the Planning Commission of the date set for the Public Hearing. Upon receiving notice of the appeal to the City Council, the Planning Director shall submit a written report of the Planning Commission proceedings, including all maps, letters, exhibits and other documentary evidence considered by the Planning Commission in reaching a decision to the City Clerk. 20.69.090 RIGHT OF REVIEW BY CITY COUNCIL. The City Council, on its own motion, adopted by four affirmative votes, may elect to review any decision of the Planning Commission granting a CRDP. The City Council's right of review may be exercised at any time prior to the expiration of twenty-one (21) days from the date on which the Planning Commission takes its action. In any CRDP proceeding in which the City Council exercises its right of review, the City Clerk shall set a public hearing date and give notice in the manner specified in Section 20.69.070. The City Clerk shall also give notice of the time and date set for the hearing to the applicant and the Planning Commission. Upon receiving notice of the City Council review proceeding, the Planning Director shall submit a written report of the Planning Commission proceedings, including all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission in reaching a decision to the City Clerk. ® SECTION 2. This Ordinance shall be published once in the official newspaper of the City and the same shall be effective thirty (30) days after the date of • its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 30th day of October . 1989, and was adopted on the 13th day of November 1989, by the following vote, to wit: • • AYES, COUNCIL MEMBERS TURNER, SANSONE, PLUMMER, STRAUSS, HART, COX, WATT NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE ATTEST - 5 - F: \JAM \ORD \A690 -10.30 C_yikyi80d to PuWr„h 4dnpetC...,,.�.'1e0 @1 0 NMSD Gro'°'�., �y1� r-p S "Itcco ®y Arco oI 1Di0 uu®Orror court at orow carofily. colrlorrud, tywaDor A•0216. dolod 22 $Op10mlt0f. 4D61. OnG A- 201091. EOtq 11 .Duda. 1£33 STATE OF CALIFORNIA County of Orange =LIOB�_TErr I om a Citizen of the United States and a resident Of the County aforesaid; I jam over the age Of eight"n 9 tgnd not a party to or interested in the b21ow d matter. I am a principal clerk of the Orange DAILY PILOT. with nrhlch 1s combined the NEWS- PRESS. a newspaper of general circulation, printed and published in the City Of Costa Mesa. County of Orange. State Of California, and that a Notice of Ordinance of which copy attached hereto Is a true and complete copy. Leas printed and published In the Costa Mesa, Newport Beach. Huntington Beach. Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for 1 time consecutive weeks to wit the issue($) Of November 22 198 9 198— 0 . 198_ 198_ 198— I declare, under penalty of perjury, that the foregoing is true and correct. E=xecuted On November 22 198 9 at Costa Mesa, California. Signature PUBLIC NOTICE ORDINANCE NO. 89-36 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS PERTAINING TO LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE. (Planning Commission Amendment No. 690) To ensure compliance with State Law by maxi- mizing low and moderate in- come housing opportunities within the Coastal Zone of Newport Beach. Subject ordinance was in- troduced on 30th day of Oc- tober, 1989, and adopted on 13th day of November, 1989. AYES, COUNCIL MEM- BERS TURNER, SANSONE, PLUMMER, STRAUSS, HART, COX, WATT NOES, COUNCIL MEM- BERS NONE ABSENT COUNCIL MEM- BERS NONE MAYOR DONALD A. STRAUSS CITY CLERK, WANDA E. RAGGIO THE ENTIRE TEXT IS AVAILABLE FOR REVIEW IN THE CITY CLERK'S OF- FICE OF THE CITY OF NEW - PORT BEACH Published Orange Coast Daily Pilot November 22, 1989 W731 3 ° V11 r-& PROOF OF PUDLtCATtON