HomeMy WebLinkAbout2020-3 - Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21 Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code Related to State Mandated Regulations of Accessory Dwelling and JuniorRESOLUTION NO. 2020-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND
ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF
NEWPORT BEACH MUNICIPAL CODE RELATED TO
STATE MANDATED REGULATIONS OF ACCESSORY
DWELLING AND JUNIOR ACCESSORY DWELLING UNITS
(PA2019-248)
WHEREAS, Section 20.66.020 of the Newport Beach Municipal Code ("NBMC")
provides that the City Council of the City of Newport Beach ("City Council") may initiate
an amendment to the Zoning Code with or without a recommendation from the Planning
Commission;
WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal
Program" requires amendments to the City of Newport Beach certified Local Coastal
Program codified in Title 21 of the NBMC to be initiated by the City Council;
WHEREAS, the California Legislature recently approved, and the Governor
signed, Senate Bill 13 (Chapter 653, Statutes of 2019), Assembly Bill 68 (Chapter 655,
Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019), which amend California
Government Code Sections 65852.2 and 65852.22 to impose new limits on the City's
regulation of Accessory Dwelling Units ("ADUs") and Junior Accessory Dwelling Units
("JADUs");
WHEREAS, Government Code Sections 65852.2 and 65852.22 conflict with the
City's current regulation of ADUs and JADUs; and
WHEREAS, the City Council desires to amend Title 20 and Title 21 of the NBMC
adopting new regulations for ADUs and JADUs that comply with Government Code
Sections 65852.2 and 65852.22, to maintain local control and mitigate potential impacts
to existing residential property.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to Title 20 "Planning
and Zoning" of the NBMC and Title 21 "Local Coastal Program Implementation Plan"
of the NBMC to adopt new regulations for ADUs and JADUs.
Resolution No. 2020-3
Page 2 of 2
Section 2: 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.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 4: The City Council finds the adoption of this resolution is exempt
from environmental review under the California Environmental Quality Act ("CEQA"),
pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for
possible future actions which the agency, board, or commission has not approved or
adopted.
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 14th day of January, 2020.
ATTEST:
Will O'Neill
Mayor
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Leilani I. Brown `\
City Clerk ►
APPROVED AS TO FORM: \
CITY ATTORNEY'S OFFICE
Aaron 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. 2020-3, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 141h day of January, 2020; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Council Member Joy Brenner, Council Member Diane Dixon,
Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member
Kevin Muldoon
NAYS: None
RECUSED: Mayor Pro Tem Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 151h day of January, 2020.
Leilani I. Brown
City Clerk
Newport Beach, California