Loading...
HomeMy WebLinkAbout07 - Granny Units - Code Amendment 2003-001 - PA 2003-054CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 April 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Chandra Slaven, Assistant Planner cslavenacitv.newport- beach.ca.us (949) 644 -3231 SUBJECT: Code Amendment No. 2003 -001 — Approval Authority for Granny Units (PA 2003 -054) ISSUE: Attached are the minutes from the April 3, 2003 Planning Commission hearing regarding the above referenced application. Prepared by: Chandra Slaven Assistant Planner Attachments Submitted by: Patricia L. Temple �y Planning Director A. Except of minutes from the April 3, 2003 Planning Commission hearing. City of Newport Beach Planning Commission Minutes April 3, 2003 planning on moving some shelving and putting signs up to lead patrons directly to the restrooms. The back door leads through a corridor out onto Goldenrod and is used for deliveries. He requests that item 16 be removed because if the applicant can not., satisfy the Health Department, they have the rules and regulations to require anew restroom. If there is a new restroom, the Building Department will require that'it,be ADA compliant. If the Health Department is satisfied, the Building Department has no problem with the restroom as it now stands. At Commission inquiry, he added that the lessee is trying to get his lease renewed next year. Chairperson Kiser noted his support of Commissioner Tucker's statement. Commissioner Agajanian noted that this is an abnormally small structure that was intended for a small restaurant use, not a regular restaurant use, due to the parking. We are fighting against a required restroom; this may not be the right place for this type of restaurant. Even with condition 16 removed, I don't mind it remaining the way it is but letting this use. expand into a space that is too small for what it is intended, I am not going to be able to support it. Motion was made by Commissioner Tucker to approve the requested amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the draft resolution with the removal of condition 16. Chairperson Kiser added: • In Section 2 of the resolution, add tonight's public hearing date. • In Section 4, the plans were dated January 3, 2003 not January 1, 2003. • Date the resolution to April 3, 2003. Ayes: Toerge, McDaniel, Kiser, Selich, Tucker Noes: Agajanian Absent: Gifford SUBJECT: Zoning Code Amendment Citywide Amend Chapter 20.85 to be compliant with Assembly Bill No. 1866, Chapter 1062, Statutes 2002. This amendment would make the existing Use Permit requirement for a granny unit subject to the approval by the Planning Director. Copies of Ordinance No. 88 -39 and 88 -46 were distributed to the Planning Commission. Public comment was opened and then closed. Commissioner Tucker, noting that the Planning Director was uniquely suited to handle this as opposed to the Planning Commission and since it is appealable to the Planning Commission made Motion to Adopt Resolution No. 1592 INDEX Item 3 PA2003 -054 Recommended for approval City of Newport Beach Planning Commission Minutes April 3, 2003 INDEX recommending approval of Code Amendment No. 2003 -001 to the City Council. Ayes: Toerge, Agajanian, McDaniel, Kiser, , Selich, Tucker Absent: Gifford SUBJECT: Peter and Theresa Castleton (PA2003 -028) Item No. 4 \ 1112 Dolphin Terrace PA2003 -028 Appeal filed by Peter and Theresa Castleton of the approval of Modification Permit Appeal denied No. 2003 -012 allowing the construction of a privacy wall to encroach within the required#ront yard and side yard setback. Ms. Theresa Castleton, the applicant, noted the following: • Her hu'sb`and sits on the homeowners' association and the architectural committee,for the association; neither of these groups have objections nor are there sp6cific requirements that plans be submitted for approval. • The existing wall provides a 3 '/z foot courtyard and they are trying to push this wall out closkllo the curb. • On the analysis prepared in the staff report, she does not disagree with the two primary concern < of proximity of the encroachment to the curb or sidewalk; and the precedent that it could set in the neighborhood. • They have had some err ©(s since the beginning of this process with their architect and the initial layout; and, she did not realize where the encroachment was when talking at the Modifications hearing. • They are asking for the Planning Commission to approve a wall that would be 1 1 feet back from the curb. • There would not be a precedent if this, was approved as various properties in the neighborhood have higher walls and some that are closer to the curb. • All they are asking for is consistency with what other neighbors have listing a few properties that she looked at for comparisons • They have the support of neighbors as there is no infringement to their views. • The measurements mentioned were taken from the curb. k Chairperson Kiser, referring to the plans, asked about the measurement of a 7 foot block wall that was penciled in red over 6 feet. Is this an�'essential part of your proposal as well? I believe it was intended to be 6 feet and not'Z.feet in the original submittal. It could have an impact on the visual aspect. Ms. Castleton answered that the Modifications Committee approved `q 7 foot wall because that courtyard and wall provides privacy for the master bedroom and a window that overlooks the master bathroom. When the plans were re- dratted for the appeal, I noticed they were set for 6 feet even though the Modifications Committee had approved 7 feet. I made that notation after talking to "the architect. The height right now of the wall is 10 feet. At Commission inquiry, she noted that the issue of 7 versus 6 feet is not that critical as they plan to landscape the planter in front to provide privacy. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 April 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Chandra Slaven, Assistant Planner csiaven city. newpo rt-beach. ca. us (949) 644 -3231 SUBJECT: Code Amendment No. 2003 -001 — Approval Authority for Granny Units (PA 2003 -054) ISSUE: Should the City amend Title 20, Chapter 85 (Accessory Dwelling Units) of the Newport Beach Municipal Code to make the existing Use Permit requirement for a granny unit subject to the approval of the Planning Director? Introduce Ordinance No. 2003- approving Code Amendment No. 2003 -001. DISCUSSION: Background: The Planning Commission adopted Resolution No. 1591 recommending the adoption of Code Amendment No. 2003 -001 (PA 2003 -054) by the City Council to make the existing Use Permit requirement for granny units subject to the approval of the Planning Director. Analysis: This ordinance was initiated because of State Law Assembly Bill 1688, Chapter 1062, Statutes 2002, which require those Cities or Counties that have an ordinance allowing secondary units to revise their procedures from discretionary to ministerial. After researching this legislation, staff and the City Attorney's office have concluded that this legislation is not applicable to the granny unit provisions of the Municipal Code since these regulations are governed by a separate section of the Government Code that was not changed. Consequently, no further action was necessary on the part of the City. However, there was a general discussion of the process for obtaining a Use Permit for a granny unit at a Planning Commission hearing in January 2002, where members of the Commission and staff suggested that approval authority should rest with the Planning Granny Units (PA2003 -054) April 22, 2003 Page 2 Director. This suggested change was based upon the strict development standards set forth in the City's Granny Unit Ordinance and the limited amount of discretion that the City can apply due to the language provided in the Housing Element stating that granny units "shall" be approved "where appropriate." The City's development standards limit granny units to only properties in the R -1 zoning districts with a minimum lot size of 5,450 square feet. Therefore, the Planning Commission believed their involvement was not necessary in the review process of these projects, since the existing ordinance establishes where granny units are appropriate. Due to the strict standards that granny units must comply with and the number of requests (18 since 1988), staff and the Planning Commission believe that the change from Planning Commission approval of these applications to Director approval is warranted. The Use Permit mechanism remains a good tool for monitoring approvals of granny unit applications by maintaining the verification standards that are specific to granny units. Therefore, the Use Permit requirement should remain in place as a procedure within Chapter 20.85. Maintaining this Use Permit requirement is consistent with the recent change to state law identified above. The proposed amendment as contained within the attached ordinance would allow for granny units to be approved by the Planning Director provided that the unit conforms to the development standards. All other existing granny unit development standards would remain in effect. Deviations from the development standards will continue to require a variance, which would necessitate a Planning Commission hearing. Environmental Review: The project has been reviewed pursuant to the California Environmental Quality Act and has been determined to be categorically exempt under Class 5, minor alterations in land use limitations. Minor alterations include variances and use permits on land with a slope of less than 20% that do not result in changes in land use or density. Public Notice: Public notice for the April 22, 2003 hearing was posted in the local Daily Pilot newspaper. Prepared by: Chandra Slaven Assistant Planner Submitted by: 2,4AI't6 r?�� Patricia L. Temple Planning Director Granny Units (PA2003 -054) April 22, 2003 Page 3 Exhibits: 1. Resolution No. 1591. 2. Ordinance 2003- 3. Planning Commission Staff report dated April 3, 2003. 4. Minutes of Planning Commission Staff report dated April 3, 2003. THIS PAGE INTENTIONALLY LEFT BLANK 4 RESOLUTION NO. 1592 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2003 -001 (PA 2003 -054) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The proposed code amendment is to Chapter 20.85 of Title 20 of the City of Newport Beach Municipal Code. The Planning Commission initiated this amendment on March 6, 2003. Section 2. A public hearing was held on April 3, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. Allow for the existing Use Permit requirement for a granny unit to be subject to the approval of the Planning Director provided that the unit conforms to the development standards set forth in Section 20.85.030. 2. Deviations from the development standards will continue to require a variance, which would necessitate a Planning Commission hearing. 3. The project has been reviewed and it has been determined that it is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of the California Environmental Quality Act. Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Code Amendment No. 2003 -001 to revise Section 20.85.025 of Title 20 of the Newport Beach Municipal Code as follows: "Approval of a use permit by _the Planning Director in accordance with the provisions of Chapter 20.91 is required for the establishment of any granny unit as defined in this Chapter." All other provisions of Chapter 20.85 should remain unchanged. Exhibit 1 b Page 1 City of Newport Beach Planning Commission Resolution No. Paae 2 of 2 PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF APRIL 2003. BY: Steven Kiser, Chairman LM Shant Agajanian, Secretary AYES: Toerpe, Agaianian, McDaniel, Kiser, Selich and Tucker ABSENT: Gifford NOES: None Exhibit 1 Page 2 ORDINANCE 2003- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.85.025 OF THE MUNICIPAL CODE RELATED TO GRANNY UNITS. [CODE AMENDMENT NO. 2003 -0011 WHEREAS, on March 6, 2003, the Planning Commission of the City of Newport Beach initiated an amendment to Title 20 of the Newport Beach Municipal Code to modify the use permit approval process for granny units; and WHEREAS, on April 3, 2003, the Planning Commission of the City of Newport Beach held duly noticed public hearings regarding this code amendment; and WHEREAS, the Planning Commission voted unanimously to recommend approval of this code amendment to the City Council; and WHEREAS, on April 22, 2003 the City Council of the City of Newport Beach held duly noticed public hearings regarding this code amendment; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed'amendment is categorically exempt under Class 5, minor alterations in land use limitations. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to revise Section 20.85.025 of the Newport Beach Municipal Code, as follows, "Approval of a use permit by the Planning Director in accordance with the provisions of Chapter 20.91 is required for the establishment of any granny unit as defined in this Chapter." Exhibit 2 Page 1 '1 SECTION 2: 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, and the same shall become 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 _ _, 2003, and adopted on the _th day of 2003, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Exhibit 2 Page 2 M CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 April 3, 2003 TO: Planning Commission FROM: Planning Department Chandra Slaven, Assistant Planner cslavenCa)city.newport- beach.ca.us (949) 644 -3231 SUBJECT: Code Amendment No. 2003 -001 — Approval Authority for Granny Units (PA 2003 -054) ISSUE: Should the City amend Title 20 of the Newport Beach Municipal Code that would amend Chapter 20.85 (Accessory Dwelling Units) to make the existing Use Permit requirement for a granny unit subject to the approval of the Planning Director? RECOMMENDATION: Adopt Resolution No. recommending approval of Code Amendment No. 2003 -001 to the City Council. DISCUSSION: Background: The Planning Commission initiated the Code Amendment on March 6, 2003 on the basis of State Law Assembly Bill 1688, Chapter 1062, Statutes 2002. This bill amended Section 65852.2 of the Government Code and it requires a local agency, on or after July 1, 2003, to review an application for a second unit on a residential property ministerially. Analysis: Section 20.85.010 of the Zoning Code establishes procedures for the creation of granny units according to Government Code (GC) Section 65852.1, and provides development standards to insure the orderly development of these units in appropriate areas of the City. Additionally Section 20.85.010 prohibits the development of second units on single family residential lots in accordance with Government Code (GC) Section 65852.2. GC Section 65852.2 concerning second units is not applicable to the granny unit provisions of the City Zoning Code. 0 Exhibit 3 PAGE 1 Granny Units (PA2003 -054) April 3, 2003 Page 2 State Law Assembly Bill 1688, Chapter 1062, Statutes 2002 only amended Section 65852.2 of the Government Code. After researching this legislation, staff has concluded that this section within state law is not applicable to the granny unit provisions, since it is governed by GC 65852.1, which was not changed. Consequently, no further action is necessary on the part of the City. According to GC Section 65852.1, cities are allowed to exercise discretion in determining whether granny units are allowed. GC Section 65852.2 relates specifically to second units and the code obligates the City to govern such units in one of three ways. The City may: 1) adopt a second unit ordinance; 2) issue permits subject to criteria within the Government Code; or 3) prohibit second units subject to findings of adverse impacts to the City. In 1988, the City Council passed Ordinance 88 -39 (Exhibit C) to prohibit the creation of second units in single family or multi - family districts. The ordinance sets forth the findings necessary for the City to prohibit second units as provided under GC Section 65852.2. The prohibition of second units remains in effect today. Subsequently, the City Council passed Ordinance 88-46 (Exhibit D) to establish regulations allowing granny units on residential lots consistent with the requirements of GC Section 65852.1. There was a general discussion of the granny unit Use Permit at a Planning Commission hearing in January 2002, where members of the Commission and staff suggested that approval authority could rest with the Planning Director. This suggested change was based upon the development standards set forth in the City's Granny Unit Ordinance and the perception that Use Permits for granny units are non - discretionary was based upon the State's second unit laws. Since recently examining the provisions of the Government Codes mentioned above, staff has come to the conclusion that limited discretion has been granted in both state law and the City's Housing Element for granny units. According to state law, "... any city may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit for the sole occupancy of adult persons who are 62 years of age or older.. " The word "may" as opposed to "shall" gives discretion to the City to determine if and where a granny unit is acceptable. According to the Housing Element, the City's policy is: "The City of Newport Beach shall continue to permit, where appropriate, development of "granny" units in single - family areas of the City." Given the use of the term "where appropriate," staff believes that some discretion is permitted; however, the development standards within the existing ordinance contain a minimum lot size standard that determines where a granny unit is appropriate. Therefore in staffs opinion, the City is limited in the use of discretion. Due to the limited discretion and the relatively low amount of these requests (18 since 1988), staff believes that the change from having the Planning Commission approve these applications to the Director is warranted. Additionally, staff believes that the use permit mechanism remains a good tool for monitoring, in terms of maintaining the verification standards that are specific to granny units. Hence, the use permit requirement should remain in place as a procedure within Chapter 20.85. U 1 Exhibit 3 PAGE 2 Granny Units (PA2003 -054) April 3, 2003 Page 3 The proposed amendment as contained within the attached draft resolution would allow for granny units to be approved by the Planning Director provided that the unit conforms to the development standards. The existing granny unit development standards would remain in effect. Deviations from the development standards will continue to require a variance, which would necessitate a Planning Commission hearing. Environmental Review: The project has been reviewed pursuant to the California Environmental Quality Act and has been determined to be categorically exempt under Class 5, minor alterations in land use limitations. Minor alterations include variances and use permits on land with a slope of less than 20% that do not result in changes in land use or density. Public Notice: Public notice for the April 3, 2003 hearing was posted in the local Daily Pilot newspaper. Prepared by: in d —ra SIaven Assistant Planner Attachments Submitted by: i Patricia L. Temple Planning Director 1. 2. Government Code Sectio_ ns 65852.1 (Granny Units) and 65852.2 (Secondary Units). 3. Ordinance No. 88 -39. 4. Ordinance No. 88-46. 1\ Exhibit 3 PAGE THIS PAGE INTENTIONALLY LEFT BLANK Exhibit 3 PAGE 4 J ATTACHMENT Government Codes Sections 65852.1 (Granny Units) and 65852.2 (Secondary Units) Exhibit 3 PAGE \3 THIS PAGE INTENTIONALLY LEFT BLANK �A Exhibit 3 PAGE Government Code Sections 65852.1 (Granny Units) and 65852.2 (Secondary Units) Additions or changes indicated by underline; deletions by asterisks * * * 65852.1. (Granny Units) Notwithstanding Section 65906, any city, including a charter city, county, or city and county may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single - family residence, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons who are 62 years of age or over, and the area of floor space of the attached dwelling unit does not exceed 30 percent of the existing living area or -the area of the floor space of the detached dwelling unit does not exceed 1,200 square feet. This section shall not be construed to limit the requirements of Section 65852. 2, or the power of local governments to permit second units. 65852.150. The Legislature finds and declares that second units are a valuable form of housing in California. Second units provide housing for family members, students, the elderly, in -home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense of security. It is the intent of the Legislature that any second -unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance. 65852.2. (a) (Secondary Units) (1)Any local agency may, by ordinance, provide for the creation of second units in single - family and multifamily residential zones. The ordinance may do any of the following: * * * (A) Designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. * * * (B) Impose standards on second units that include, but are not limited to, parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that Prevent adverse impacts on any real property that is listed in the California Register of Historic Places. * * * (C )Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential Exhibit 3 PAGE use that is consistent with the existing general plan and zoning designation for the lot. "' (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003 for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph may be construed to require a local qovernment to adopt or amend an ordinance for the creation of second units. A local agency may charge a fee to reimburse it for costs that it ?ncurs as a result of amendments to this paragraph enacted during the 2001 -02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of second units. (b) (1) When a local agency which has not adopted an ordinance governing second units in accordance with subdivision (a) or (c) receives its first application on or after July 1, 1983, for a "' permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall grant a variance or special use permit for the creation of a second unit if the second unit complies with all of the following: (A) The unit is not intended for sale and may be rented. (B) The lot is zoned for single - family or multifamily use. (C) The lot contains an existing single - family dwelling. (D) The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (E) The increased floor area of an attached second unit shall not exceed 30 percent of the existing living area. (F) The total area of floorspace for a detached second unit shall not exceed 1,200 square feet. (G) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (H) Local building code requirements which apply to detached dwellings, as appropriate. (1) Approval by the local health officer where a private sewage disposal system is being used, if required. (2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. Iva Exhibit 3 PAGE J (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single - family dwelling. No additional standards, other than those provided in this subdivision or subdivision (a), shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner- occupant. (4) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second units if these provisions are consistent with the limitations of this subdivision. (5) A second unit which conforms to the requirements of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (c) No local agency shall adopt an ordinance which totally precludes second units within single - family or multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single - family and multifamily zoned areas justify adopting the ordinance. (d) A local agency may establish minimum and maximum unit size requirements for both attached and detached second units. No minimum or maximum size for a second unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which does not permit at least an efficiency unit to be constructed in compliance with local development standards. (e) Parking requirements for second units shall not exceed one parking space per unit or per bedroom. Additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings. Off - street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (f) Fees charged for the construction of second units shall be determined in accordance with Chapter 5 (commencing with Section 66000). (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units. 11' Exhibit 3 PAGE (h) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) "Living area," means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Second unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single - family dwelling is situated. A second unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (i) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 commencinq with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for second units. �q Exhibit 3 PAGE 10 ATTACHMENT Ordinance No. 88 -39 IN Exhibit 3 PAGE 11 THIS PAGE INTENTIONALLY LEFT BLANK N Exhibit 3 PAGE 12 ORDINANCE NO. 88 -79 " NOJ of i ,06F o 0,.,. 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 Pl 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 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 Municipnl Code. 2 PL 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 10th day of October, 1988, and was adopted on the 24th day of October, 1988, by the following vote, to wit: ��AT'[EST: l(.GI clerk City Clerk CG:WP:ORD2079:October 4, 1988 AYES, COUNCIL MEMBERS TURNER, PLUMMER, PART, COX, STRAUSS, SANSONE, MAURER NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS NONE 3 A3 THIS PAGE INTENTIONALLY LEFT BLANK aa. ATTACHMENT Ordinance No. 88 -46 �5 Exhibit 3 PAGE ORDINANCE NO. 88 -46 _ pEClr� a, `. p`M1 � :I fF AN ORDINANCE OF THE CITY COUNCIL ,,-)'0,,. ACM: i OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 CtvUh OF THE MUNICIPAL CODE SO AS TO ESTABLISH REGULATIONS b 61 PERTAINING TO GRANNY UNITS ON RESIDENTIAL TATS CD -4 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 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 - 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. "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 Chapter is to establish procedures for the creation of granny units as defined herein and in California Government Code Section 65852.1, and to 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. Ym YA 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 - MWP:ORD2079iNovember 21, 1988 - 4 - I The final Planning Commission minutes for this item will be distributed to the City Council in the supplemental agenda packet on Friday, April 18, 2003.