HomeMy WebLinkAbout2022-86 - Extending the Temporary Waiver of 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. 2022-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, EXTENDING THE
TEMPORARY WAIVER OF 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) setting
forth policy goals including an increase in the production of accessory dwelling units
("ADUs") and junior accessory dwelling units ("JADUs") to help 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, the City Council adopted Resolution No. 2021-37 on April 27, 2021,
establishing a temporary waiver of building plan check, building construction permit, and
other City permit fees directly related to the design and construction of ADUs and JADUs,
until December 31, 2022;
WHEREAS, the temporary fee waiver encouraged the construction of new ADUs
and JADUs, and encouraged property owners to bring existing unpermitted ADUs and
JADUs into compliance with the NBMC, which helps to meet the City's RHNA allocation;
WHEREAS, extending the temporary fee waiver will help maintain the momentum
of ADU and JADU development in the City; and
WHEREAS, the City Council hereby finds that it is in the best interest of the City
to continue to invest in protecting the character and distinctive areas of the community
through the extension of the temporary fee waiver.
Resolution No. 2022-86
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby extend the temporary waiver of 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.
Section 2: The extension of 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 Resolution 2021-37.
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.
Resolution No. 2022-86
Page 3 of 3
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.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council and remain in effect through December 31, 2024, 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 29th day of November 202"
ATTEST:
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
aron 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. 2022-86 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 29th day of November, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 30th day of November, 2022.
C4&-J. �?�
Leilani I. Brown
City Clerk
Newport Beach, California