Loading...
HomeMy WebLinkAbout88-46 - Amending Title 20 of the Municipal Code so as to Establish Regulations Pertaining to Granny Units on Residential Lots in the City of Newport Beach (Planning Commission Amendment No. 670)ORDINANCE NO. 88 -46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO ESTABLISH REGULATIONS PERTAINING TO GRANNY UNITS ON RESIDENTIAL LOTS IN THE CITY OF NEWPORT BEACH (Planning Commission Amendment No. 670) WHEREAS, Section 65852.1 of the California Government Code provides criteria for local agencies to establish regulations pertaining to the creation of granny units on building sites zoned for single family resi- dances; and WHEREAS, the Housing Element of the City's General Plan contains policies pertaining to the provision of housing opportunities for all economic segments of the City's population; and WHEREAS, adoption of this ordinance will increase the housing oppor- tunities for the elderly, particularly those unable to afford the high cost of senior citizen housing facilities; and MAS w' WHEREAS, it is the desire of the City Council of the City of Newport Beach to establish standards for the creation of granny units; and WHEREAS, the standards set forth in Chapter 20.78 of the Municipal Code, "Granny Units ", provide reasonable criteria for the establishment of these units. 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 20.78, Granny Units. This Chapter shall apply to all property in 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. - 1 - 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. low "GRANNY UNITS" CHAPTER 20.78 Sections: 20.78.010 Intent and Purpose 20.78.015 Definition 20.78.020 Use Permit Required 20.78.025 Development Standards 20.78.030 Verification of Occupancy 20.78.035 Recordation Required 20.78.040 Termination of Use 20.78.010 INTENT AND PURPOSE. The intent and purpose of this Aim Chapter is to establish procedures for the creation of granny units as defined herein and in California Government Code Section 65852.1, and to 'REPr provide development standards to insure the orderly development of these units in appropriate areas of the City. 20.78.015 DEFINITION. As used in this Chapter, a granny unit is defined as a detached or attached dwelling unit to be constructed on a building site zoned for a single family residence in conjunction with a primary residence, with the second dwelling unit intended for the sole occupancy of one or two adult persons who are 60 years of age or older, and the area of floor space of the second dwelling unit does not exceed 640 square feet. 20.78.020 USE PERMIT REQUIRED. Approval of a Use Permit in accordance with the provisions of Chapter 20.80 of the Municipal Code is required for the establishment of any granny unit as defined in this Chapter. 20.78.025 DEVELOPMENT STANDARDS. The following standards shall be met prior to the approval of a Use Permit to establish a granny unit pursuant to this Chapter: a. Building Height. Building height shall be regulated by Chapter 20.02 of the Municipal Code, in accordance with the "Official Height Limitations Zone Map" incorporated within Chapter 20.02. Granny units located in the R -1 District which are detached from the primary residence and on the second floor of an accessory building are per- mitted to conform to the provisions of the 24/28 Foot Height Limitation Zone. b. Setback Requirements. All building setbacks required in the District in which the granny unit is proposed shall be met. - 2 - c. Minimum Lot Size. A minimum lot size of 5,000 square feet shall be required in order to establish a granny unit pursuant to this Chapter. d. Minimum Floor Area. Each granny unit established pursuant to this Chapter shall provide a minimum of 600 square feet of floor area, as measured from within the surrounding perimeter walls of the unit. e. Maximum Floor Area. No granny unit established pursuant to this Chapter shall have more than 640 square feet of floor area, as measured from within the surrounding perimeter walls of the unit. _ f. Parking Required. In addition to the parking required for the primary residence, there shall be at least one independently accessible parking space for the granny unit, provided there are at least two covered parking spaces on the site. This additional parking space shall be kept free, clear, and accessible for the parking of a vehicle at all times. g. Owner Occupancy Required. The primary residence shall be occupied by the legal owner of the property. 20.78.030 VERIFICATION OF OCCUPANCY. Commencing with the final inspection of the granny unit by a City Building Inspector and on an annual basis every year thereafter, the property owner shall submit to the Planning Director the names and birth dates of any and all occupants of the granny unit constructed pursuant to this Chapter to verify occupancy by a person or persons 60 years of age or older. Upon any change of tenants, the property owner shall notify the City immediately. This information shall be submitted in writing and contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. 20.78.035 RECORDATION REQUIRED. Subsequent to the approval of a Use Permit and prior to the issuance of a building and /or grading permit for a granny unit, the property owner shall record a deed restriction with the County Recorder's Office, the form and content of which is satisfactory to the City Attorney, stating that under no circumstances shall the granny unit be rented to or otherwise occupied by any person or persons less than 60 years of age. Said document shall also contain all conditions of approval imposed by the Planning Commission or City Council. This deed restriction shall remain in effect so long as the granny unit exists on the property. 20.78.040 TERMINATION OF USE. In the event that the property owner desires to terminate the use of the granny unit and remove the deed restriction, building permits shall be obtained that restore the property to a single dwelling unit as defined in Section 20.87.140 of the Municipal Code. The Planning Director shall review and approve the plans prior to the issuance of the building permits to insure compliance with the intent of this Section and Section 20.87.140. Upon completion of the final inspection by a City Building Inspector, the Planning Director shall cause the deed restriction to be removed from the property by the County Recorder. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of November , 1988, and was adopted on the 12th day of December, 1988, by the following vote, to wit. AYES, COUNCIL MEMBERS TURNER, SANSONE, PLUMMER, STRAUSS, HART, COX, WATT NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE - 3 - CG :WP:ORD2078:November 21, 1988 - 4 - I - Cwl /i�