July 26, 2022
Agenda Item No. 3
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Seimone Jurjis, Community Development Director - 949-644-3232, [email protected] PREPARED BY:
Benjamin M. Zdeba, AICP, Senior Planner - 949-644-3253, [email protected] TITLE:
Ordinance No. 2022-17: Code Amendments Related to Implementation of Senate Bill 9 (PA2021-277) ABSTRACT:
For the City Council’s consideration is the adoption of Ordinance No. 2022-17, amending Titles 19 (Subdivisions) and 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC). The amendments update development standards and procedures related to the City of Newport Beach’s (City’s) implementation of Senate Bill 9 (SB 9). The attached ordinance was introduced and considered at the July 12, 2022, City Council meeting.
RECOMMENDATION:
a) Determine these amendments are statutorily exempt from environmental review and not considered a project under the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n) and further find that these amendments are categorically exempt from CEQA under Sections 15303 and 15315 as set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations which categorically exempts the construction of a second dwelling unit in a residential zone and the division of property in urbanized areas zoned for residential use into four or fewer parcels; and b) Conduct second reading and adopt Ordinance No. 2022-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 19 (Subdivisions) and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Senate Bill 9 Housing Developments and Urban Lot Splits (PA2021-277).
DISCUSSION:
On July 12, 2022, the City Council conducted a duly noticed public hearing and introduced Ordinance No. 2022-17 and passed it to second reading and adoption. If Ordinance No. 2022-17 is adopted, it would become effective after 30 days and would regulate the City’s implementation of SB 9.
The attached ordinance includes the following objective design standards or requirements:
SB 9 Housing Developments (Two-Unit Developments on Single Lot) Dwelling size limited to a maximum of 800 square feet;
Dwelling heights limited to 16 feet and one-story;
Expansions to existing units restricted when maintained as part of a SB 9 housing development; Setbacks: If demonstrated that a required minimum side or rear setback would physically preclude the development or maintenance of at least two, 800-square-foot dwelling units on a single lot, said setbacks may be reduced to the minimum degree necessary. In no case, however, shall the setbacks be reduced to less than four feet from a side or rear property line not abutting an alley; Dwelling units subject to objective design standards to minimize appearance of multiple units on the site and to protect privacy of neighbors (e.g., architectural style and color, no roof decks, no exterior staircase on street frontages, step-back requirements, etc.); Separate utility connections required for each dwelling unit; Owner-occupancy requirement: one of the two primary dwelling units shall be occupied by the owner of the parcel; Affordability requirement: one of the two primary units shall be restricted to very-low or low-income households for a term of 30 years. This requirement will help the City meet its affordable housing goals and further fair housing by distributing lower-income housing into the established high-cost/high-resource communities; Existing nonconformities on a property shall be corrected as part of an SB 9 housing development project (cannot be required as part of an urban lot split); and The two dwelling units shall be prohibited from being conveyed separately as condominiums.
Urban Lot Split Development Standards
Application of lot design standards to prevent irregular and unorderly lot line configurations; Requirement for vehicular access to be shared through a common driveway to eliminate the need for additional curb cuts and minimize impacts to the existing on-street parking supply; Alley access required when the existing lot is served by an alley; Lot configurations that would necessitate the removal of existing on-street parking, or that preclude the creation of new on-street parking when alley access is available, would be prohibited; Minimum vehicular accessway widths established to ensure adequate maneuverability through lots; Separate utilities required for each lot; and
In-lieu park dedication fee required for the additional lot pursuant to existing requirements.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Pursuant to California Government Code Sections 65852.21(j) and 66411.7(n), the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 66411.7 and 65852.21 regulating Urban Lot Splits and SB 9 Housing Developments is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA). Therefore, the code amendments are statutorily exempt from CEQA in that the proposed ordinance implements the new laws enacted by SB 9. Additionally, the code amendments are categorically exempt from CEQA under Sections 15303 and 15315 as set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations, which categorically exempts the construction of a second dwelling unit in a residential zone and the division of property in urbanized areas zoned for residential use into four or fewer parcels. Sections 15303 and 15315 apply here in that the code amendments regulate the construction of two dwelling units on a lot or the subdivision of a lot to create an additional unit.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A – Ordinance No. 2022-17
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Ordinance No. 2022-17: Code Amendments Related to
Implementation of Senate Bill 9 (PA2021-277)
July 26, 2022
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