HomeMy WebLinkAbout11 - Initiate a Zoning Code Amendment Regarding Accessory Dwelling Units and Junior Accessory Dwelling UnitsCITY OF
NOEWPORT REACH
City Council Staff Report
January 24, 2017
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Brenda Wisneski, Deputy Community Development Director —
bwisneski@newportbeachca.gov
PHONE: 949-949-644-3297
TITLE: Initiate a Zoning Code Amendment regarding Accessory Dwelling
Units and Junior Accessory Dwelling Units
ABSTRACT:
Last year, the State Legislature passed two bills regarding Accessory Dwelling Units
(ADU) and one bill regarding Junior Accessory Dwelling Units (JADU) that took effect on
January 1, 2017. Since the City's current regulations for ADUs are more restrictive than
the new State regulations, the State's standards for permitting ADUs currently take
precedent over the City's standards. Additionally, a JADU is a new, smaller type of
ADU that is not addressed in the Newport Beach Municipal Code (NBMC). Staff
recommends that the City Council initiate the process to amend the NBMC to conform
to State law.
RECOMMENDATION:
a) Find that the action is not subject to the California Environmental Quality Act
pursuant to Sections 15060(c)(2) and 15060(c)(3); and
b) Initiate an amendment to Section 20.48.200 and other affected sections of the
Newport Beach Municipal Code to appropriately reflect recent legislation affecting
Accessory Dwelling Units and Junior Accessory Dwelling Units.
FUNDING REQUIREMENTS:
There is not any fiscal impact related to this item.
Zoning Code Amendment regarding Accessory Dwelling Units and
Junior Accessory Dwelling Units
January 24, 2017
Page 2
DISCUSSION:
Three -housing related bills were passed last year regarding Accessory Dwelling Units
(ADU) and Junior Accessory Dwelling Units (JADU) that took effect on January 1, 2017.
Two of the bills related to ADUs (SB1069 and AB2299) are mandatory and one bill
related to JADUs (SB2406) is optional. The intent of the bills is to reduce barriers to the
development of ADUs, which have been found to be an "affordable -by -design type" of
in -fill housing that can meet the needs of small households, including couples, small
families, young people, and seniors.
Currently, the City limits the occupancy of ADUs to persons who are 55 years or older,
and this standard, as well as other City standards, do not comply with the new State
law. Therefore, the City must use the State's more lenient ADU standards until such
time the City modifies its regulations appropriately. The State standards require staff
(non -discretionary approval) approval of an ADU in either a single-family or multi -family
zone, provided that the ADU is located on a lot where only a single-family unit is present
and other minimal development standards are met.
State law does allow, with limitations, the City to regulate ADUs in respect to location,
lot size, height, parking, landscaping, aesthetics, etc. For instance, ADUs may be
prohibited in certain residential neighborhoods based on health and safety issues such
as water, sewer, traffic flow, and public safety provided that the City demonstrates that
the limitations do not burden the development of ADUs.
JADUs are a new type of ADU; therefore, the NBMC does not address them. Staff will
research the appropriateness of allowing JADUs, since State law does not mandate the
City to make allowances for them.
If the amendment is initiated by the City Council, staff will develop revised regulations
for review and recommendation by the Planning Commission. The Planning
Commission's recommendation will be forwarded to the City Council for final action.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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, Chapter 3, because
the initiation of the NBMC amendment has no potential for resulting in physical change
to the environment, directly or indirectly.
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).
11-2