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Home My WebLink About3.0_Accessory Dwelling Unit Ordinance_PA2017-069 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 8, 2017 Agenda Item No. 3 SUBJECT: Accessory Dwelling Unit Ordinance (PA2017-069) SITE LOCATION: Citywide Amendment ■ Zoning Code Amendment No. CA2017-003 ■ Local Coastal Program Amendment No. LC2017-003 APPLICANT: City of Newport Beach PLANNER: Jaime Murillo, Senior Planner (949) 644-3209, jmurillo(a-newportbeachca.gov PROJECT SUMMARY Amendments to the Zoning Code and Local Coastal Program revising the City's regulations pertaining to Accessory Dwelling Units (ADU) to conform with Government Code Section 65852.2, effective January 1, 2017. Specifically, the amendment would establish regulations permitting the development of ADUs in single-family residential zoning districts. This agenda item was continued from the May 4, 2017, Planning Commission meeting. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; 3) Adopt Resolution No. (Attachment No. PC 1) recommending the City Council approve Zoning Code Amendment No. CA2017-003 modifying regulations pertaining to accessory dwelling units; and 4) Adopt Resolution No. (Attachment No. PC 2) recommending the City Council authorize staff to submit Local Coastal Program Amendment No.LC2017-003 to the California Coastal Commission. Accessory Dwelling Unit Ordinance Planning Commission, June 8, 2017 Page 2 DISCUSSION At the May 4, 2017, Planning Commission hearing, staff was unable to display the presentation related to the proposed amendments, which made explaining the complex program challenging. The Planning Commission ultimately decided to continue the agenda item to June 8, 2017, to allow staff to return with a presentation and to allow for additional public outreach. To aid in the Commission's understanding of the amendments and the State Law regulating ADUs, staff has included the following: • The May 4, 2017, Planning Commission staff report, which includes a detailed discussion of the proposed amendments to the Zoning Code and Local Coastal Program (Attachment No. PC 3). • A memorandum prepared by the California Department of Housing and Community Development (HCD) outlining the recent changes to State Law (Attachment No. PC 4). With regard to public outreach, staff distributed revised public hearing notices with a companion "reader friendly" project summary (Attachment No. PC 5) to homeowner's associations in the City. These notices were sent out 20 days in advance of the hearing to provide additional time for consideration and were distributed at the Corona del mar Residents Association meeting on May 18, 2017. In addition, an ADU information page was added to the City's website (www.newportbeachca.gov/ADU). It should also be noted that on May 5, 2017, the Daily Pilot newspaper published an article describing the proposed amendments, providing additional awareness to the public (Attachment No. PC 6). Environmental Review The project is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states that the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" relating to "granny" housing and "second unit ordinances" are exempt from the requirements of CEQA. Similarly, the ministerial approval of ADUs would not be a "project" for CEQA purposes, and environmental review would not be required prior to approving individual applications. Accessory Dwelling Unit Ordinance Planning Commission, June 8, 2017 Page 3 Public Notice In addition to the expanded notice described above, notice of this amendment was published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. The item also appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: J me Murillo Br n Pa—Wisneal, ICP, Deputy Director Senior Planner ATTACHMENTS PC 1 Draft Resolution Recommending City Council Approval of Zoning Code Amendment No. CA2017-003, including Code Revisions PC 2 Draft Resolution Recommending City Council Authorize Submittal of Local Coastal Program Amendment No. LC2017-003 to the California Coastal Commission PC 3 May 4, 2017, Planning Commission Staff Report PC 4 California Department of Housing and Community Development (HCD) Memo PC 5 Public Hearing Notice PC 6 May 5, 2017, Daily Pilot Article 11/18/16 �� QP �� P P�" O� �� \�� Attachment No. PC 1 Draft Resolution Recommending City Council Approval of CA2017-003, including Code Revisions �� QP �� P P�" O� �� \�� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL ADOPTION OF ZONING CODE AMENDMENT NO. CA2017-003 TO IMPLEMENT NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS (PA2017-069) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016) requires jurisdictions to amend their local zoning ordinances to conform to Government Code Section 65852.2. 2. Senate Bill 1069 and Assembly Bill 2299 are intended to address the State housing crisis by easing regulatory barriers for homeowners who choose to construct accessory dwelling units. 3. Accessory dwelling 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. In addition, homeowners who construct accessory dwelling units benefit from added income and increased sense of security. 4. Allowing accessory dwelling units in single-family residential zones provides additional rental housing stock. 5. Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. 6. A public hearing was held on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. The Planning Commission continued the hearing to June 8, 2017. 7. A public hearing was held on June 8, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines 7 Planning Commission Resolution No. #### Page 2 of 9 Section 15282(h), which states the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units is not a "project" for CEQA purposes, and environmental review is not required prior to approving individual applications. SECTION 3. FINDINGS. 1. Adopting an ordinance consistent with Government Code Section 65852.2 ensures that the character of the City of Newport Beach (City) is preserved to the maximum extent possible and that the City's regulation regarding accessory dwelling units continues to promote the health, safety, and welfare of the community. 2. The City has designated areas where accessory dwelling units may be located, when permitted by Government Code Section 65852.2, based in part upon adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. 3. An amendment to the Local Coastal Program (LCP) is also underway to comply with State law. The subject Zoning Code Amendment shall not become effective for projects located in the coastal zone until approval of the subject LCP amendment by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends approval of Code Amendment No. CA2017-003 as set forth in Exhibit'A,"which is attached hereto and incorporated herein by reference. PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF JUNE, 2017. AYES: NOES: ABSTAIN: ABSENT: 01-03-17 g Planning Commission Resolution No. #### Page 3 of 9 BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 01-03-17 Planning Commission Resolution No. #### Page 4 of 9 EXHIBIT "A" Zoning Code Amendment No. CA2017-003 Section 1: Newport Beach Municipal Code (NBMC) Subsection 20.18.010(A) and (B) are amended to read as follows: A. R-A (Residential-Agricultural) Zoning District. The R-A zoning district is intended to provide for areas appropriate for detached single-family residential dwelling units, accessory dwelling units, and light farming uses, each located on a single legal lot; B. R-1 (Single-Unit Residential) Zoning District. The R-1 zoning district is intended to provide for areas appropriate for a range of detached single-family residential dwelling units and accessory dwelling units; each located on a single legal lot, and does not include condominiums or cooperative housing. Section 2: Table 2-1 in NBMC Section 20.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: Accessory Dwelling Units MUP P MUP P ___ ___ Section 20.48.200 Section 3: Table 2-2 in NBMC Section 20.18.030 (Development Standards for Single-Unit Residential Zoning Districts) is amended, in part, as to the "Density/Intensity" row as follows: Density/Intensity Each legal lot shall be allowed one single-unit detached dwelling. In addition, one accessory dwelling unit may be allowed pursuant to Section 20.48.200. Section 4: NBMC Subsection 20.30.110(D) (Allowed Encroachments into Setback Areas) is amended to add subpart 16 to read as follows: 16. Accessory Dwelling Units. Accessory dwelling units may be established within required setback areas in compliance with the requirements of Section 20.48.200 (Accessory Dwelling Units). Section 5: Table 3-10 in NBMC Section 20.40.040 (Off-Street Parking Requirements) is amended, in part, as to the "Accessory Dwelling Units" row as follows: 1 ., .,i+• a E,f 7 r� rorl r, r.+o Accessory Dwelling Units AAs required per Section 20.48.200 Section 6: NBMC Section 20.48.200 (Senior Accessory Dwelling Units) is amended in its entirety to read as follows: 01-03-17 10 Planning Commission Resolution No. #### Page 5 of 9 20.48.200 Accessory Dwelling Units A. Purpose. The purpose of this Section is to establish the procedures for the creation of accessory dwelling units as defined in Part 7 (Definitions) and in the California Government Code Section 65852.2, or any successor statute, in single-unit residential zoning districts or areas designated for single-family residential use as part of a Planned Community Development Plan or Specific Plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. B. Review Authority. Accessory dwelling units shall be approved in all single-unit residential zoning districts subject to the approval of the Director upon finding that the following conditions have been met: 1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards. Except as modified by this subsection, an accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria; unless the unit is contained within a legal, nonconforming structure and does not expand the nonconformity. 1. Minimum lot area. A minimum lot area of five thousand (5,000) square feet, excluding submerged land area, shall be required in order to establish an accessory dwelling unit. 2. Setback requirements. Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located, except in cases where the minimum required garage setbacks differ from principal building setbacks, in which case the following applies: a. No additional setback shall be required for an existing garage that is converted to an accessory dwelling unit, provided that the side and rear setbacks comply with required Building Codes. b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage. 3. Building height. Detached accessory dwelling units shall not exceed one story and a height of 14 feet, unless the accessory dwelling unit is constructed above a garage, 01-03-17 12 Planning Commission Resolution No. #### Page 6 of 9 in which case the structure shall comply with the height limits of the underlying zoning district. 4. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area, or 50 percent of the existing floor area (excluding garage) of the principal unit, whichever is less. 5. Design. An accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. 6. Conversion of space within existing structure. Notwithstanding the provisions of subsections CO), C(2), C(3), C(4) and C(5) above, an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single-unit dwelling or existing accessory structure, has independent exterior access from the existing dwelling, and the side and rear setbacks comply with required Building Codes, and if the accessory dwelling unit conforms with the following a. For the purposes of this section, the portion of the single-unit dwelling or accessory structure must have been legally permitted and existing for a minimum of three years prior to the issuance of a permit to convert the space into an accessory dwelling unit. b. No new or separate utility connection may be required between the accessory dwelling unit and the utility service, such as water, sewer, and power. 7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the principal residence. 8. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purposes of this section, "passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit. 9. Parking. Parking shall comply with requirements of Chapter 20.40 (Off-Street Parking), except as modified below: a. One parking space required for one-bedroom or efficiency unit; two parking spaces required for unit with two or more bedrooms. b. Such parking may be provided as tandem parking and/or may be located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley. c. No parking shall be required for: 01-03-17 -1 Planning Commission Resolution No. #### Page 7 of 9 i. Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection ()5. ii. Accessory dwelling units located within one-half mile of a public transit. For the purposes of this section "public transit" shall include a bus stop with fixed route bus service that provides transit service at 15-minute intervals or better during peak commute periods. iii. Accessory dwelling unit is located within an architecturally and historically significant historic district. iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. v. When there is a car-share vehicle located within one block of the accessory dwelling unit. For the purposes of this section, "car-share vehicle" shall mean part of an established program intended to stay in a fixed location for at least 10 years and available to the public. d. If an accessory dwelling unit replaces an existing garage, replacement spaces must be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, as 01-03-17 2� Planning Commission Resolution No. #### Page 8 of 9 covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. D. Additional requirements for all accessory dwelling units. 1. Sale of units. The accessory dwelling unit shall not be sold separately from the principal dwelling. 2. Short-term lodging. The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed. Only one accessory dwelling unit may be located on the lot. 4. Existing development. A single-unit dwelling must exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot. E. Deed restriction and recordation required. Prior to the issuance of a Building and/or Grading Permit for an accessory dwelling unit, the property owner shall record a deed restriction with the Countv Recorder's Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the owner occupancy requirements and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. Section 7: The definition of"Accessory Dwelling Unit (Land Use) in NBMC Section 20.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: Accessory Dwelling Unit (Land Use). See "Dwelling Unit, Senie Accessory." Section 8: The definition of "Dwelling Unit, Senior Accessory (Land Use) in NBMC Section 20.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows Dwelling Unit, Senier AGGeSSGrY (Land Use). A dwelling unit aGGeSSOFY to and attaGhed , detaGhed from, or GontaiRed within, the PriRGipal dwel'*Rg unit eR a site ZeRed fer a S Rg e fa dwelling. The unit us intended for the sole OGGUpanGy Of 1 or 2 adult persons who are 55 ye of age or elder.The area ef the unit does net eXGccd 640 sguarefeet. Dwelling Unit, Accessory (Land Use). A dwelling unit accessory to and attached to, detached from, or contained within, the principal dwelling unit on a site zoned for a single-family dwelling. An accessory dwelling unit also includes the following: 01-03-17 -14 Planning Commission Resolution No. #### Page 9 of 9 1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code, or any successor statute. Section 9: Subpart 8 in NBMC Subsection 20.90.060(D) (Accessory Uses Permitted) is amended to read as follows: 8. Granny unit, attaGhed or detaGhed, on GenfermanGe with SeGtien 20.48.200, subjeGt to the approval of o minor Uso permit per Dort 5 of this title 8. Accessory dwelling unit in conformance with Section 20.48.200. Section 10: Subpart 8 in NBMC Subsection 20.90.070(D) (Accessory Uses Permitted) is amended to read as follows: approval of o miner use permit per Dort 5 of this title 8. Accessory dwelling unit in conformance with Section 20.48.200. Section 11: Subpart 8 in NBMC Subsection 20.90.080(D) (Accessory Uses Permitted) is amended to read as follows: approval of o miner use permit per Dort 5 of this title 8. Accessory dwelling unit in conformance with Section 20.48.200. 01-03-17 �� QP �� P P�" O� �� \�� Attachment No. PC 2 Draft Resolution Recommending City Council Authorize Submittal of LC2017- 003 to the CA Coastal Commission 1- �� QP �� P P�" O� �� \�� REVISED RESOLUTION NO. XXXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL AUTHORIZE SUBMITTAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO THE CALIFORNIA COASTAL COMMISSION IMPLEMENTING NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS (PA2017-069) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016) requires jurisdictions to amend their local regulations to conform to Government Code Section 65852.2. Therefore, an amendment to the Local Coastal Program is necessary. 2. Senate Bill 1069 and Assembly Bill 2299 are intended to address the State housing crisis by easing regulatory barriers for homeowners who choose to construct accessory dwelling units. 3. Accessory dwelling 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. In addition, homeowners who construct accessory dwelling units benefit from added income and increased sense of security. 4. Allowing accessory dwelling units in single-family residential zones provides additional rental housing stock. 5. Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. 6. Pursuant to Section 13515 of Title 14, Division 5.5, of the California Code of Regulations, review of the draft LCP amendment was made available and a Notice of the Availability was distributed a minimum of six weeks prior the final action. 7. A public hearing was held on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach.A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 19 Planning Commission Resolution No. X Page 2 of 5 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 are exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units is not a "project" for CEQA purposes, and environmental review is not required prior to approving individual applications. SECTION 3. FINDINGS. 1. Adopting an ordinance consistent with Government Code Section 65852.2 ensures that the character of the City of Newport Beach (City) is preserved to the maximum extent possible and that the City's regulation regarding accessory dwelling units continue to promote the health, safety, and welfare of the community. 2. The City has designated areas where accessory dwelling units may be located, where permitted by Government Code Section 65852.2, based in part upon adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. 3. The LCP amendments shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. 4. The LCP, including the proposed amendment, will be carried out fully in conformity with the California Coastal Act. 5. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends submittal of Local Coastal Program Amendment No. LC2017-003, as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference, to the California Coastal Commission. 20 Planning Commission Resolution No. X Page 3 of 5 PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF JUNE, 2017. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary ` Planning Commission Resolution No. X Page 4 of 5 EXHIBIT "A" Local Coastal Program Amendment No. LC2017-003 Section 1: Amending Chapter 2.0 (Land Use and Development) of the Coastal Land Use Plan to add Policy 2.7-5 as follows, with all other provisions of the Coastal Land Use Plan remaining unchanged: 2.7-5. Administer the provisions of Government Code Section 65852.2 relative to the development of accessory dwelling units to increase the supply of lower-cost housing in the coastal zone and meet the needs of existing and future residents, while respecting the architectural character of existing neighborhoods and in a manner consistent with the LCP and any applicable policies from Chapter 3 of the Coastal Act. . Section 2: Newport Beach Municipal Code (NBMC) Subsection 21 .18.010(A) and (B) are amended to read as follows: A. R-A (Residential-Agricultural) Coastal Zoning District. The R-A Coastal Zoning District is intended to provide for areas appropriate for detached single-family residential dwelling units, accessory dwelling units, and light farming uses, each located on a single legal lot, and does not include condominiums or cooperative housing. B. R-1 (Single-Unit Residential) Coastal Zoning District. The R-1 Coastal Zoning District is intended to provide for areas appropriate for a range of detached single-family residential dwelling units and accessory dwelling units, each located on a single legal lot, and does not include condominiums or cooperative housing. Section 3: Table 21 .18-1 in NBMC Section 21.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: Accessory Dwelling Units A A ___ ___ Section 21.48.200 Section 4: Table 21.18-2 in NBMC Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) is amended, in part, as to the "Density/Intensity" row as follows: Density/Intensity Each legal lot shall be allowed one single-unit detached dwelling. In addition, one accessory dwelling unit may be allowed. Section 5: NBMC Subsection 21.31.110(D) (Allowed Encroachments into Setback Areas) is amended to add subpart 16 to read as follows: 16. Accessory Dwelling Units. Accessory dwelling units may be established within required setback areas in compliance with the requirements of Section 21.48.200 (Accessory Dwelling Units). 22 Planning Commission Resolution No. X Page 5 of 5 Section 6: Table 3-10 in NBMC Section 21 .41.040 (Off-Street Parking Requirements) is amended, in part, as to the "Accessory Dwelling Units" row as follows: 1 per unit; o minim,im of`) nnvororl per cite Accessory Dwelling Units As required per Section 21.48.200 Section 7: Amend NBMC Chapter 21.48 to add Section 21.48.200 (Accessory Dwelling Units) to read as follows, with all other provisions of Chapter 21.48 remaining unchanged: 21.48.200 Accessory Dwelling Units A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units as defined in Part 7 (Definitions) and in the California Government Code Section 65852.2, or any successor statute, in single-unit residential zoning districts or areas designated for single-family residential use as part of a Planned Community Development Plan or Specific Plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. B. Review Authority. Accessory dwelling units shall be approved in all single-unit residential coastal zoning districts or areas designated for single-family residential use as part of a Planned Community Development Plan or Specific Plan, subject to the approval of the Director upon finding that the following conditions have been met: 1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards. Except as modified by this subsection, an accessory dwelling unit shall conform to all requirements of the underlying residential coastal zoning district, any applicable overlay district, and all other applicable provisions of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria; unless the unit is contained within a legal, nonconforming structure and does not expand the nonconformity. 1. Minimum lot area. A minimum lot area of five thousand (5,000) square feet, excluding submerged land area, shall be required in order to establish an accessory dwelling unit. 2. Setback requirements. Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located, except in cases 23 Planning Commission Resolution No. X Page 6 of 5 where the minimum required garage setbacks differ from principal building setbacks, in which case the following applies: a. No additional setback shall be required for an existing garage that is converted to an accessory dwelling unit, provided that the side and rear setbacks comply with required Building Codes. b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage. 3. Building height. Detached accessory dwelling units shall not exceed one story and a height of 14 feet, unless the accessory dwelling unit is constructed above a garage, in which case the structure shall comply with the height limits of the underlying zoning district. 4. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area, or 50 percent of the existing floor area (excluding garage) of the principal unit, whichever is less. 5. Design. An accessory dwelling unit shall be designed and sited to: a. Be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials; b. Protect public access to and along the shoreline areas; c. Protect public views to and along the ocean and scenic coastal areas; d. Protect sensitive coastal resources; and e. Minimize and, where feasible, avoid shoreline hazards. 6. Conversion of space within existing structure. Notwithstanding the provisions of subsections C(1), C(2), C(3), C(4) and C(5) above, an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single-unit dwelling or existing accessory structure, has independent exterior access from the existing dwelling, and the side and rear setbacks comply with required Building Codes, and if the accessory dwelling unit conforms with the following: a. For the purposes of this section, the portion of the single-unit dwelling or accessory structure must have been legally permitted and existing for a 24 Planning Commission Resolution No. X Page 7 of 5 minimum of three Years prior to the issuance of a permit to convert the space into an accessory dwelling unit. b. No new or separate utility connection may be required between the accessory dwelling unit and the utility service, such as water, sewer, and power. 7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the principal residence. 8. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purposes of this section, "passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit. 9. Parking. Parking shall comply with requirements of Chapter 21.40 (Off-Street Parking), except as modified below: a. One parking space required for one-bedroom or efficiency unit; two parking spaces required for unit with two or more bedrooms. b. Such parking may be provided as tandem parking and/or may be located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley. c. No parking shall be required for: i. Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection (C�5. ii. Accessory dwelling units located within one-half mile of a public transit. For the purposes of this section "public transit" shall include a bus stop with fixed route bus service that provides transit service at 15-minute intervals or better during peak commute periods. iii. Accessory dwelling unit is located within an architecturally and historically significant historic district. iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. v. When there is a car-share vehicle located within one block of the accessory dwelling unit. For the purposes of this section, "car-share vehicle" shall mean part of an established program intended to stay in a fixed location for at least 10 years and available to the public. 2 Planning Commission Resolution No. X Page 8 of 5 d. If an accessory dwelling unit replaces an existing garage, replacement spaces must be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. D. Additional requirements for all accessory dwelling units. 1. Sale of units. The accessory dwelling unit shall not be sold separately from the principal dwelling. 2. Short-term lodging. The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed. Only one accessory dwelling unit may be located on the lot. 4. Existing development. A single-unit dwelling must exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot. E. Deed restriction and recordation required. Prior to the issuance of a Building and/or Grading Permit for an accessory dwelling 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. The deed restriction document shall notify future owners of the owner occupancy requirements and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. F. Coastal Development Permits. 1. Hearing Exemption. All of the provisions of Chapter 21.52 regarding the review and approval of Coastal Development Permits in relation to accessory dwelling units are applicable, except that a public hearing as required by Chapter 21.62 shall not be required. Public notice shall be provided as required in Section 21.62.020, except the requirements of Section 21.62.020(A) shall be replaced with a statement that no local public hearing will be held and that written comments on the proposed development may be submitted. 2. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64, coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly 20 Planning Commission Resolution No. X Page 9 of 5 appealable to the Coastal Commission in accordance with the provisions of Section 21.64.035 without a discretionary hearing by the Planning Commission or City Council. Section 8: The definition of "Accessory Dwelling Unit (Land Use) in NBMC Section 21.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: Accessory Dwelling Unit (Land Use). See "Dwelling Unit, Seoier Accessory." Section 9: The definition of "Dwelling Unit, Senior Accessory (Land Use) in NBMC Section 21 .70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows , Dwelling Unit, Accessory (Land Use). A dwelling unit accessory to and attached to, detached from, or contained within, the principal dwelling unit on a site zoned for a single-family dwelling. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code, or any successor statute. Section 10: Subpart 8 in NBMC Subsection 21 .90.060(D) (Accessory Uses Permitted) is amended to read as follows: appreyal of o mirror use permit per Dort 5 of this title. 8. Accessory dwelling unit in conformance with Section 21.48.200. 27 �� QP �� P P�" O� �� \�� Attachment No. PC 3 May 4, 2017 Planning Commission Staff Report 29 �� QP �� P P�" O� �� \�� CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 4, 2017 Agenda Item No. 2 SUBJECT: Accessory Dwelling Unit Ordinance (PA2017-069) SITE LOCATION: Citywide Amendment ■ Zoning Code Amendment CA2016-003 ■ Local Coastal Program Amendment LC2017-003 APPLICANT: City of Newport Beach PLANNER: Jaime Murillo, Senior Planner (949) 644-3209, jmurillo newportbeachca.gov PROJECT SUMMARY Amendments to the Zoning Code and Local Coastal Program revising the City's regulations pertaining to Accessory Dwelling Units (ADU) to conform with Government Code Section 65852.2, as effective January 1, 2017. Specifically, the amendment would establish regulations permitting the development of ADUs in single-family residential zoning districts. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that "the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" relating to "granny" housing and "second unit ordinances" are exempt from the requirements of CEQA; 3) Adopt Resolution No. (Attachment No. PC 1) recommending the City Council approve Zoning Code Amendment CA2017-003 modifying regulations pertaining to accessory dwelling units; and 4) Adopt Resolution No. (Attachment No. PC 2) recommending the City Council authorize staff to submit Local Coastal Program Amendment No.LC2017-003 to the California Coastal Commission. S- Accessory Dwelling Unit Ordinance Planning Commission, May 4, 2017 Page 2 INTRODUCTION In 2016, the State Legislature passed Assembly Bill No. 2299 (Bloom) and Senate Bill No. 1069 (Wieckowski) amending California Government Code Section 65852.2 related to ADUs, which took effect on January 1, 2017 (Attachment No. PC 3). 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 couples, small families, young people, students and seniors by offering new below market rentals in existing neighborhoods. In addition, homeowners who create ADUs benefit from added income, and increased sense of security. The City regulates ADUs through Section 20.48.200 of the Newport Beach Municipal Code (Attachment No. PC4), which prohibits second units, unless they are age-restricted to persons 55 years or older (Senior Accessory Dwelling Units). These restrictions, as well as other City regulations, do not comply with the new State law and are now considered null and void. Therefore, the City must use the State's more lenient ADU standards until such time the City modifies its regulations appropriately (see Interim Standards section). The State standards require ministerial approval (no discretion or public hearing) of an ADU in single-family and multi-family zones where only a single-family unit is present provided other minimal standards are met. Upon the adoption of a new ordinance regulating ADUs in compliance with new State law, the City will have the ability to regulate additional aspects of ADUs, such as location, lot size, unit size, parking, and aesthetics, depending on circumstances (see Proposed City Regulations section). Background California Government Code Section 65852.2 (State Law) was first enacted in 1982 and has been amended several times since then to encourage the creation of second-units while maintaining local flexibility for unique circumstances and conditions. The law imposed standards intended to create greater flexibility to encourage construction while also requiring a ministerial process for the approval of such units. However, the law previously included an exemption allowing local agencies to prohibit ADUs upon finding that specific adverse impacts on the public health, safety, and welfare would result. City Council Ordinance No 88-39 (Attachment No. PC 5) adopted such findings and prohibited the creation of second units, which has remained in effect until the recent legislation took effect. S2 Accessory Dwelling Unit Ordinance Planning Commission, May 4, 2017 Page 3 DISCUSSION Interim Standards Until the City adopts an ordinance compliant with State law, ADUs must be approved minsterially in all single-family and multi-family zones where only a single-family unit is present. The underlying development standards of the district would continue to apply, with the exception of certain specific exemptions and minimal standards regulating the ADU itself. The standards that apply depend on whether the proposed ADU will be newly constructed or converted from existing living space. The standards applicable to ADUs developed through additions or new construction are summarized in Table 1. The standards applicable to ADUs converted from existing living space are summarized in Table 2 below. In addition, both tables include a comparison of the proposed City modifications to each standard that are explained in more detail in Proposed Zoning Code Modifications section of this report. Table 1- Comparison of State Standards and Proposed City Regulations ADUs Requiring Additions or New Construction Standard State Standards Modified City Standard Location Permitted on lots zoned for both single-family Single-family residential or multi-family residential. ADU must be zoning districts and similar located on same lot. Planned Community or Specific Plan areas. ADUs would be prohibited two- family and multi-family zoning districts Minimum Lot No standard 5,000 square feet or Size greater Unit Size Limited as follows: 750 square feet maximum, or 50 percent of the existing o Attached ADU- 50 percent of existing floor area (excluding living area, with a maximum of 1200 garage) of the principal square feet. unit, whichever is less o Detached ADU- 1200 square feet. Aesthetics No standard Height and Design standards added to minimize appearance of two units on the lot. Passageways Not required. This is an exemption from Per State Standard Building Code requiring a pathway, clear to the sky, from street to entrance of ADU. S3 Accessory Dwelling Unit Ordinance Planning Commission, May 4, 2017 Page 4 Setbacks Setbacks are not required for an existing Per Zoning Code, except garage that is converted to an ADU, and a as modified by State setback of no more than 5 feet from a side or standard rear lot line is required for an ADU that is constructed above a garage. Parking A maximum of one space required per unit or Per State standard, except bedroom, whichever is greater. Spaces may parking in rear alley be provided as uncovered parking, tandem setback prohibited and parking on driveway or mechanical lifts. No additional clarifications parking required if within half-mile of public added transit stop or one block of a car-share vehicle program. Fire ADUs are not required to provide fire Per State standard Sprinklers sprinklers if they were not required for the principal residence. Utilities Connection fees or capacity charges must be Per State standard proportionate to the impact of the ADU based on either its size or number of plumbing fixtures. Table 2- Comparison of State Standards and Proposed City Regulations ADUs Contained Entirely within Existing Structures Standard State Standards Modified City Standards Location Within an existing single-family residence or Same; can't be modified accessory structure on a single-family residential zoned lot. Unit Size No limitation. Same; can't be modified Parking No additional parking required. Same; can't be modified Utilities No new or separate utility connections or Same; can't be modified connections fees. Proposed Zoning Code Modifications The law encourages cities to adopt a local ordinance consistent with the law and allows additional regulation of ADUs pertaining to location, lot size, unit size, parking, and aesthetics, provided the additional regulations are not arbitrary, excessive, and burdensome and that unreasonably restrict the creation of ADUs. As such, staff has included the following additional regulations or clarifications to the draft ordinance (Attachment No. PC 6): Location The draft ordinance permits ADUs in single-family residential zoning districts and areas designated for single-family residential use as part of a Planned Community or Specific Plan. ADUs would be prohibited two-family and multi-family zoning districts. 34 Accessory Dwelling Unit Ordinance Planning Commission, May 4, 2017 Page 5 Attachment No. PC 7 provides an overview of the eligible single-family residential zoning districts. With the exception of large apartment complexes, most two-family and multi-family zoned properties are located in coastal neighborhoods of the City with substandard lot sizes and impacted by a lack of on-street parking, such as Corona del Mar, Balboa Peninsula, Balboa Island, and West Newport. Many lots in these neighborhoods are developed with less than the permitted number of units and capacity exists to construct additional density; however, redevelopment should occur in conformance with current parking standards ensuring neighborhood compatibility and preservation of on-street parking for existing residents and visitors to the beaches. It should be noted that the law does not apply to Homeowner's Associations or preclude prohibition of ADUs by CC&Rs. Minimum Lot Size for New ADUs The draft ordinance requires a minimum lot size of 5,000 square feet or greater, excluding submerged land area, in order to construct an ADU. If a property did not meet the minimum lot size, an ADU would not be permitted. Attachment No. PC 8 provides an overview the eligible single-family zoning districts that also meet the minimum lot size requirements. The City is unable to restrict the minimum lot size of ADUs converted from existing floor area. Aesthetics To preserve the character of single-family neighborhoods, minimize the appearance of multiple units on a lot, and ensure the design of ADUs remain subordinate to that of the principal residence, the draft ordinance regulates height and design as follows: Height- Detached ADUs would be restricted to one story and 14 feet, unless located above a garage, in which case the structure shall comply with the height limit of the underlying zoning district (typically 24 feet flat roofs/29 feet sloped roofs). Design- ADUs shall be designed similar to the principal dwelling on the lots with respect to architectural style, roof pitch, color, and materials. Unit Size The draft ordinance limits unit size for the construction of new ADUs to a maximum of 750 square feet, or 50 percent of the existing floor area (excluding garage) of the principal S15 Accessory Dwelling Unit Ordinance Planning Commission, May 4, 2017 Page 6 unit, whichever is less. The intent is to restrict the unit size to ensure it remains subordinate to the principal dwelling and to retain the character of the single-family neighborhood. The proposed unit size limitation is 110 square feet larger than the unit size previously allowed for Senior Accessory Dwelling Units by the City and which proved large enough to accommodate a one-bedroom unit. The City is unable to restrict the unit size of ADUs created from existing floor area. Parking The draft ordinance establishes flexible parking regulations in compliance with State law, with additional clarifications as follows: • One parking space required for one-bedroom or efficiency (small studio) unit; two parking spaces required for a unit with two or more bedrooms. • Parking may be provided as tandem parking and/or may be located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley. • No parking shall be required for: o ADU converted as part of the existing principal residence or existing accessory structure. o ADU located within one-half mile of a public transit. "Public transit" will be defined to mean a bus stop with fixed route bus service that provides transit service at 15-minute intervals or better during peak commute periods. See Attachment No. PC 8 for map eligible bus routes. o ADU is located within an architecturally and historically significant historic district. Currently, no such district exists in City. o When on-street parking permits are required but not offered to the occupant of the ADU. o When there is a car-share vehicle located within one block of the accessory dwelling unit. In order to prevent car-sharing applications that allow individuals to rent personal vehicles to qualify, "Car-share vehicle" will be defined to mean part of an established program intended to stay in a fixed location for at least 10 years and available to the public. • If an accessory dwelling unit replaces an existing garage, replacement spaces must be provided. When a garage, carport, or covered parking structure is so Accessory Dwelling Unit Ordinance Planning Commission, May 4, 2017 Page 7 demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. Conversion of Space-Applicability The intent of the law's minimal standards relating to ADUs converted from within an existing single-family residence or accessory structure is to streamline and expand the potential for ADUs where the visual impact is minimal and the existing footprint is not increased. However, to ensure that homeowner's are not intentionally avoiding the standards applicable to ADUs involving new construction, such as lot size, unit size, or parking, the draft ordinance requires that the portion of the dwelling or structure to be converted must have been legally permitted and existing for a minimum of three years. This would prevent a homeowner from securing building permits for a large pool house or similar structure, and then immediately converting the space into an ADU. Short-Term Lodging The draft ordinance would prohibit the rental of ADUs for a period of less than 30 days, consistent with the City's prohibition of short-term lodging in single-family residential zones. Owner-Occupancy The draft ordinance would require that either the principal dwelling or the ADU be occupied by at least one person having an ownership interest in the lot. This would ensure that the property is being used consistent with the purpose and intent of the law and does not effectively become a duplex for rental purposes. Deed Restriction The draft ordinance would require that prior to the issuance of permit for an ADU, a deed restriction be recorded to notify future owners of the owner occupancy requirements and the restrictions on short-term lodging. The deed restriction would remain in effect as long as the ADU exists on the property. General Plan Consistency The law states that ADUs shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed a residential use that is consistent with the existing general plan and zoning district for the lot. Therefore, no amendments to the General Plan are required. 37 Accessory Dwelling Unit Ordinance Planning Commission, May 4, 2017 Page 8 Local Coastal Plan Similar to the Zoning Code, the Implementation Plan of the Local Coastal Program (LCP), currently regulates ADUs inconsistent with State law. Therefore, subsequent to City Council adoption of this Zoning Code Amendment, staff will submit corresponding amendments (Attachment No. PC2) to the LCP for review and approval of the California Coastal Commission. In the interim, any eligible projects located in the Coastal Zone will be reviewed in accordance with State Law. If a Coastal Development Permit (CDP) were required; however, State law would preclude the City from holding a public hearing. Alternatives The Planning Commission may recommend revisions to the draft ordinance, such as changing where ADUs are allowed, minimum lot size, maximum unit sizes, design standards, etc., provided the revisions are consistent with State law limitations and are not arbitrary, excessive, and burdensome unreasonably restricting the creation of ADUs. Environmental Review The project is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), "the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" relating to "granny" housing and "second unit ordinances" are exempt from the requirements of CEQA. Similarly, the ministerial approval of ADUs would not be a "project" for CEQA purposes, and environmental review would not be required prior to approving individual applications. Public Notice Notice of this amendment was published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Ja' e Murillo *na i, ICP, Deputy Director Senior Planner se Accessory Dwelling Unit Ordinance Planning Commission, May 4, 2017 Page 9 ATTACHMENTS PC 1 Draft Resolution Recommending City Council Approval of CA2017-003, including Code Revisions PC 2 Draft Resolution Recommending City Council Authorize Submittal of LC2017-003 to the California Coastal Commission PC 3 Government Code Section 65852.2 (State Law Related to ADUs) PC 4 Current NBMC Section 20.48.200 (Senior Accessory Dwelling Units) PC 5 City Council Ordinance No. 88-39 (City Prohibition of Second Units) PC 6 Proposed NBMC Section 20.40.200 (Accessory Dwelling Units) PC 7 Map of Eligible Single-Family Residential Zoned Lots PC 8 Map of Eligible Single-Family Residential Zoned Lots with Conforming Lot Sizes and Bus Routes 11/18/16 �9 �� QP �� P P�" O� �� \�� Attachment No. PC 1 Draft Resolution Recommending City Council Approval of CA2017-003, including Code Revisions �� QP �� P P�" O� �� \�� Attachment No. PC 2 Draft Resolution Recommending City Council Authorize Submittal of LC2017- 003 to the CA Coastal Commission �� QP �� P P�" O� �� \�� Attachment No. PC 3 Government Code Section 65852.2 (State Law Related to ADUs) �� QP �� P P�" O� �� \�� State of California GOVERNMENT CODE Section 65852.2 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and multifamily residential zones. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling 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 accessory dwelling units on traffic flow and public safety. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, 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. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located,and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or 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. (iv) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area,with a maximum increase in floor area of 1,200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used,if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway. (II) Offstreet 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. (III) This clause shall not apply to a unit that is described in subdivision(d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit,and the local agency requires that those offstreet parking spaces be replaced,the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including,but not limited to,as covered spaces,uncovered spaces,or tandem spaces, or by the use of mechanical automobile parking lifts.This clause shall not apply to a unit that is described in subdivision(d). (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, within 120 days after receiving the application.A local agency may charge a fee to reimburse it for costs that it incurs 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 an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units,except as otherwise provided in this subdivision.In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. -:2 (5) 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. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot zoned for residential use that contains an existing single-family dwelling.No additional standards,other than those provided in this subdivision, 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 or that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies,procedures,or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and 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 that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance,policy,or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision(a)receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling unit pursuant to this subdivision,the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision(a) within 120 days after receiving the application. (c) A local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units.No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the existing dwelling,shall be established by ordinance for either attached or detached dwellings that does not permit at least an efficiency unit to be constructed in compliance with local development standards.Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency,whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision(a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7(commencing with Section 66012). (2) Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (B) For an accessory dwelling unit that is not described in subdivision(e),a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013,the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit,based upon either its size or the number of its plumbing fixtures,upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) Local agencies shall submit a copy of the ordinance adopted pursuant to subdivision(a)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) "Accessory dwelling 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.An accessory dwelling 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. (5) "Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 0) 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(commencing 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 accessory dwelling units. (Amended by Stats.2016,Ch.735,Sec.1.5. (AB 2299) Effective January 1,2017.) 55 �� QP �� P P�" O� �� \�� Attachment No. PC 4 Current NBMC Section 20.48.200 (Senior Accessory Dwelling Units) 57 �� QP �� P P�" O� �� \�� 20.48.200 Senior Accessory Dwelling Units. ..................................................................................................................................................................................................................................................................................................................................... A. Purpose. The purpose of this section is to: 1. Establish procedures for the creation of granny units as defined in Part 7 of this title (Definitions) and in California Government Code Section 65852.1 , and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. 2. Prohibit the development of second units, as defined in Part 7 of this title (Definitions), on single-family residential lots as provided for in Government Code Section 65852.2. B. Prohibitions. The creation of a second unit on all sites within the City where this Zoning Code and the General Plan allow only one dwelling unit is expressly prohibited. Nothing contained in this section shall affect the creation of granny units under Government Code Section 65852.1 that are in compliance with the Municipal Code. C. Development Standards. The following standards shall be met before the occupancy of the granny unit in compliance with this section: 1. Building Height. Granny units shall comply with the maximum height limits in the zoning district in which they are located as provided in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 2. Setback Requirements. Granny units shall comply with the setback requirements applicable to the zoning district in which they are located. 3. Minimum Lot Size. A minimum lot size of five thousand four hundred fifty (5,450) square feet shall be required in order to establish a granny unit. 4. Minimum Floor Area. Each granny unit shall provide a minimum of six hundred (600) square feet of floor area and a maximum of six hundred forty (640) square feet of floor area as measured from within the surrounding perimeter walls of the unit. 5. Owner Occupancy Required. The principal dwelling unit or the granny unit shall be continuously occupied by at least one person having an ownership interest in the lot. D. Verification of Occupancy. Commencing with the final inspection of the granny unit by the Building Inspector and on an annual basis every year afterwards, the property owner shall submit to the Director the names and birth dates of any and all occupants of the granny unit to verify occupancy by a person or persons fifty-five (55) years of age or older. Upon any change of tenants, the property owner shall notify the Director immediately. This information shall be submitted in writing and shall contain a statement signed by the property owner certifying under penalty of perjury that all of the information is true and correct. E. Deed Restriction and Recordation Required. After approval of a minor use permit and before 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. The deed restriction document shall state that under no circumstances shall the granny unit be rented to or otherwise occupied by any person or persons less than fifty-five (55) years of age. The deed restriction document shall also contain all conditions of approval imposed by the review authority. This deed restriction shall remain in effect so long as the granny unit exists on the property. F. 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 Part 7 of this title (Definitions). The Director shall review and approve the plans before the issuance of the building permits to ensure compliance with the intent of this section and the definition. Upon completion of the final inspection by the Building Official, the Director shall cause the deed restriction to be removed from the property by the County Recorder. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) _1F® Attachment No. PC 5 City Council Ordinance No. 88-39 (City Prohibition of Second Units) �� QP �� P P�" O� �� \�� ORDINANCE NO. 88-39 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) M WHEREAS, Section 65852.2 of the California Government Coda 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 Che 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 Section 65852.2 by increasing the number of housing opportunities within the region; and WHEREAS, prohibiting second family units within Single and Kulti-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 Al these neighborhoods in the City; and WHEREAS, the City Council of the City of Newport Reach 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 Municipal Code. 2 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- AYES, COUNCIL MEMBERS TURNER, PLUMMER, HART, COX, STRAUSS, SANSONE, MAURER NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE I 41 PpAill, MA R / i AT EST: 7 City Clerk CG:WP:ORa2079:October 4, 1988 PO n 3 �� QP �� P P�" O� �� \�� Attachment No. PC 6 Proposed NBMC Section 20.40.200 (Accessory Dwelling Units) QP O� 20.48.200 Accessory Dwelling Units A. Purpose. The purpose of this Section is to establish the procedures for the creation of accessory dwelling units as defined in Part 7 (Definitions) and in the California Government Code Section 65852.2 in single-unit residential zoning districts or areas designated for single-family residential use as part of a Planned Community Development Plan or Specific Plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. B. Review Authority. Accessory dwelling units shall be approved in all single-unit residential zoning districts subject to the approval of the Director upon finding that the following conditions have been met: 1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards. Except as modified by this subsection, an accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria; unless the unit is contained within a legal, nonconforming structure and does not expand the nonconformity. 1. Minimum lot area. The minimum lot area for an accessory dwelling unit shall equal the minimum lot area established for the district. 2. Setback requirements. Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located, except in cases where the minimum required garage setbacks differ from principal building setbacks, in which case the following applies: a. No additional setback shall be required for an existing garage that is converted to an accessory dwelling unit, provided that the side and rear setbacks comply with required Building Codes. b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage. 3. Building height. Detached accessory dwelling units shall not exceed one story and a height of 14 feet, unless the accessory dwelling unit is constructed above a garage, in which case the structure shall comply with the height limits of the underlying zoning district. 4. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area, or 50 percent of the existing floor area (excluding garage) of the principal unit, whichever is less. 5. Design. An accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. 6. Conversion of space within existing structure. Notwithstanding the provisions of subsections C(1), C(2), C(3), C(4) and C(5) above, an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single-unit dwelling or existing accessory structure, has independent exterior access from the existing dwelling, and the side and rear setbacks comply with required Building Codes, and if the accessory dwelling unit conforms with the following: a. For the purposes of this section, the portion of the single-unit dwelling or accessory structure must have been legally permitted and existing for a minimum of three years prior to the issuance of a permit to convert the space into an accessory dwelling unit. b. No new or separate utility connection may be required between the accessory dwelling unit and the utility service, such as water, sewer, and power. 7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the principal residence. 8. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purposes of this section, "passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit. 9. Parking. Parking shall comply with requirements of Chapter 20.40 (Off-Street Parking), except as modified below: a. One parking space required for one-bedroom or efficiency unit; two parking spaces required for unit with two or more bedrooms. b. Such parking may be provided as tandem parking and/or may be located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley. c. No parking shall be required for: i. Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection (C)5. ii. Accessory dwelling units located within one-half mile of a public transit. For the purposes of this section "public transit' shall include a bus stop with fixed route bus service that provides transit service at 15 minute intervals or better during peak commute periods. iii. Accessory dwelling unit is located within an architecturally and historically significant historic district. EO iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. v. When there is a car-share vehicle located within one block of the accessory dwelling unit. For the purposes of this section, "car-share vehicle" shall mean part of an established program intended to stay in a fixed location for at least 10 years and available to the public. d. If an accessory dwelling unit replaces an existing garage, replacement spaces must be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. D. Additional requirements for all accessory dwelling units. 1. Sale of units. The accessory dwelling unit shall not be sold separately from the principal dwelling. 2. Short-term lodging. The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed. Only one accessory dwelling unit may be located on the lot. 4. Existing development. A single-unit dwelling must exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot. E. Deed restriction and recordation required. Prior to the issuance of a Building and/or Grading Permit for an accessory dwelling 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. The deed restriction document shall notify future owners of the owner occupancy requirements and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. �� QP �� P P�" O� �� \�� Attachment No. PC 7 Map of Eligible Single-Family Residential Zoned Lots �� QP �� P P�" O� �� \�� r os m •: ° 'c o o ee. or m s I„ v x e w � w a ae " A ■I w m r Ll LIJ LL s 114 PACIFIC OCEAN Single-Family Residential Zoned Lots - Eligible for Accessory Dwelling Unit Conversion Planned Communities-Single-Family Equivalent Lots 7,480 total lots Conventional Zoning-R-A; R-1; R-1-6000; R-1-7200; R-1-10000; SP-7(Single-Family Lots) 1� 11,350 total lots HEWP6gT DEA[H e o o, City of Newport Beach —_-/• GI:=, \! GIS Division �� Miles April 06,2017 P12017- no Co°.c..i-e.nibir 1m+:a — �� QP �� P P�" O� �� \�� Attachment No. PC 8 Map of Eligible Single-Family Residential Zoned Lots with Conforming Lot Sizes and Bus Routes �� QP �� P P�" O� �� \�� 7,5 �� QP �� P P�" O� �� \�� Attachment No. PC 4 California Department of Housing and Community Development Memorandum 77 �� QP �� P P�" O� �� \�� 40010 T' '' 1 f r { 0"4 41 e _ fl 14 a ' f' A_ 4 ♦ ` �� fit' - pi ,n\. _ .-'t. _ _ ' * _ 40AL 4 _ Courtesy of Karen Chapple, UC Berkeley California Department of Housing and Community Development Where Foundations Begin AccessoryDwelling Unit Memorandum December 2016 ` a �. C7 m m • ` O � • �-C'9LIFOFt�A Table of Contents Understanding ADUs and Their Importance...................................................................................... 1 Summary of Recent Changes to Accessory Dwelling Unit Laws..................................................... 3 Frequently Asked Questions: Accessory Dwelling Units................................................................. 7 Should an Ordinance Encourage the Development of ADUs?.......................................................... 7 Are Existing Ordinances Null and Void?........................................................................................... 7 Are Local Governments Required to Adopt an Ordinance?.............................................................. 8 Can a Local Government Preclude ADUs? ...................................................................................... 8 Can a Local Government Apply Development Standards and Designate Areas?............................. 8 Can a Local Government Adopt Less Restrictive Requirements? .................................................... 9 Can Local Governments Establish Minimum and Maximum Unit Sizes?.......................................... 9 Can ADUs Exceed General Plan and Zoning Densities? ................................................................. 9 How Are Fees Charged to ADUs?.................................................................................................. 11 What Utility Fee Requirements Apply to ADUs....................................................................11 What Utility Fee Requirements Apply to Non-City and County Service Districts?........................... 11 Do Utility Fee Requirements Apply to ADUs within Existing Space? .............................................. 11 Does "Public Transit" Include within One-half Mile of a Bus Stop and Train Station? ..................... 11 Can Parking Be Required Where a Car Share is Available? .......................................................... 12 Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? ............................. 12 Is Covered Parking Required? ....................................................................................................... 12 Is Replacement Parking Required When the Parking Area for the Primary Structure is Used for an ADU?............................................................................................................................................. 12 Are Setbacks Required When an Existing Garage is Converted to an ADU?................................. 12 Are ADUs Permitted in Existing Residence and Accessory Space?............................................... 13 Are Owner Occupants Required? .................................................................................................. 13 Are Fire Sprinklers Required for ADUs?......................................................................................... 13 Is Manufactured Housing Permitted as an ADU? ........................................................................... 14 Can an Efficiency Unit Be Smaller than 220 Square Feet?............................................................. 14 Does ADU Law Apply to Charter Cities and Counties? .................................................................. 14 Do ADUs Count toward the Regional Housing Need Allocation.............................................. 14 Must Ordinances Be Submitted to the Department of Housing and Community Development? ..... 15 20 Frequently Asked Questions: Junior Accessory Dwelling Units ................................................... 16 Is There a Difference between ADU and JADU?............................................................................ 16 Why Adopt a JADU Ordinance?........................................................................................... 17 Can JADUs Count towards The RHNA? ........................................................................................ 17 Can the JADU Be Sold Independent of the Primary Dwelling?....................................................... 17 Are JADUs Subject to Connection and Capacity Fees? ................................................................. 17 Are There Requirements for Fire Separation and Fire Sprinklers?................................................. 18 Resources.......................................................................................................................................... 19 Attachment 1: Statutory Changes (Strikeout/Underline) ................................................................. 19 Attachment 2: Sample ADU Ordinance.......................................................................................... 26 Attachment 3: Sample JADU Ordinance ........................................................................................ 29 Attachment 4: State Standards Checklist....................................................................................... 32 Attachment5: Bibliography ............................................................................................................ 33 21 Understanding Accessory Dwelling Units and Their Importance California's housing production is not keeping pace with demand. In the last decade less than half of the needed - housing was built. This lack of housing is impacting M rr� affordability with average housing costs in California exceeding the rest of the nation. As affordability DOE ONE I becomes more problematic, people drive longer distances i between a home that is affordable and where they work, or double up to share space, both of which reduces quality of life and produces negative environmental y impacts. Beyond traditional market-rate construction and government subsidized production and preservation there Courtesy of Karen Chapple, UC Berkeley are alternative housing models and emerging trends that can contribute to addressing home supply and affordability in California. One such example gaining popularity are Accessory Dwelling Units (ADUs) (also referred to as second units, in- law units, or granny flats). What is an ADU An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons and generally takes three forms: Detached: The unit is separated from the primary structure Attached: The unit is attached to the primary structure Repurposed Existing Space: Space (e.g., master bedroom)within the primary residence is converted into an independent living unit Junior Accessory Dwelling Units: Similar to repurposed space with various streamlining measures ADUs offer benefits that address common development barriers such as affordability and environmental quality. ADUs are an affordable type of home to construct in California because they do not require paying for land, major new infrastructure, structured parking, or elevators. ADUs are built with cost-effective one- or two-story wood frame construction, which is significantly less costly than homes in new multifamily infill buildings. ADUs can provide as much living space as the new apartments and condominiums being built in new infill buildings and serve very well for couples, small families, friends, young people, and seniors. ADUs are a different form of housing that can help California meet its diverse housing needs. Young professionals and students desire to live in areas close to jobs, amenities, and schools. The problem with high-opportunity areas is that space is limited. There is a shortage of affordable units and the units that are available can be out of reach for many people. To address the needs of individuals or small families seeking living quarters in high opportunity areas, homeowners can construct an ADU on their lot or convert an underutilized part of their home like a garage 1 2 into a junior ADU. This flexibility benefits not just people renting the space, but the homeowner as well, who can receive an extra monthly rent income. ADUs give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care and helping extended families to be near one another while maintaining privacy. Relaxed regulations and the cost to build an ADU make it a very feasible affordable housing option. A UC Berkeley study noted that one unit of affordable housing in the Bay Area costs about$500,000 to develop whereas an ADU can range anywhere up to $200,000 on the expensive end in high housing cost areas. ADUs are a critical form of infill-development that can be affordable and offer important housing choices within existing neighborhoods. ADUs are a powerful type of housing unit because they allow for different uses, and serve different populations ranging from students and young professionals to young families, people with disabilities and senior citizens. By design, ADUs are more affordable and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education and services for many Californians. 2 es Summary of Recent Changes to ADU Laws The California legislature found and declared that, among other things, allowing accessory dwelling units (ADUs) in single family and multifamily zones provides additional rental housing and are an essential component in addressing housing needs in r California. Over the years, ADU law has been revised to improve its effectiveness such as recent changes in 2003 to require ministerial approval. In 2017, changes to ADU laws will further reduce barriers, better streamline approval and expand capacity to accommodate the development of ADUs. ADUs are a unique opportunity to address a variety of housing needs and provide affordable housing options for family members, friends, students, the elderly, in-home health care providers, the disabled, Courtesy of Karen Chapple,UC Berkeley and others. Further, ADUs offer an opportunity to maximize and integrate housing choices within existing neighborhoods. Within this context, the Department has prepared this guidance to assist local governments in encouraging the development of ADUs. Please see Attachment 1 for the complete statutory changes. The following is a brief summary of the changes for each bill. SB 1069 (Wieckowski) S.B. 1069 (Chapter 720, Statutes of 2016) made several changes to address barriers to the development of ADUs and expanded capacity for their development. The following is a brief summary of provisions that go into effect January 1, 2017. Parking SB 1069 reduces parking requirements to one space per bedroom or unit. The legislation authorizes off street parking to be tandem or in setback areas unless specific findings such as fire and life safety conditions are made. SB 1069 also prohibits parking requirements if the ADU meets any of the following: • Is within a half mile from public transit. • Is within an architecturally and historically significant historic district. • Is part of an existing primary residence or an existing accessory structure. • Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU. • Is located within one block of a car share area. 3 24 Fees SB 1069 provides that ADUs shall not be considered new residential uses for the purpose of calculating utility connection fees or capacity charges, including water and sewer service. The bill prohibits a local agency from requiring an ADU applicant to install a new or separate utility connection or impose a related connection fee or capacity charge for ADUs that are contained within an existing residence or accessory structure. For attached and detached ADUs, this fee or charge must be proportionate to the burden of the unit on the water or sewer system and may not exceed the reasonable cost of providing the service. Fire Requirements SB 1069 provides that fire sprinklers shall not be required in an accessory unit if they are not required in the primary residence. ADUs within Existing Space Local governments must ministerially approve an application to create within a single family residential zone one ADU per single family lot if the unit is: • contained within an existing residence or accessory structure. • has independent exterior access from the existing residence. • has side and rear setbacks that are sufficient for fire safety. These provisions apply within all single family residential zones and ADUs within existing space must be allowed in all of these zones. No additional parking or other development standards can be applied except for building code requirements. No Total Prohibition SB 1069 prohibits a local government from adopting an ordinance that precludes ADUs. AB 2299 (Bloom) Generally, AB 2299 (Chapter 735, Statutes of 2016) requires a local government (beginning January 1, 2017) to ministerially approve ADUs if the unit complies with certain parking requirements, the maximum allowable size of an attached ADU, and setback requirements, as follows: The unit is not intended for sale separate from the primary residence and may be rented. The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. The unit is either attached to an existing dwelling or located within the living area of the existing dwelling or detached and on the same lot. The increased floor area of the unit does not exceed 50% of the existing living area, with a maximum increase in floor area of 1,200 square feet. The total area of floorspace for a detached accessory dwelling unit does not exceed 1,200 square feet. No passageway can be required. No setback can be required from an existing garage that is converted to an ADU. 4 25 Compliance with local building code requirements. Approval by the local health officer where private sewage disposal system is being used. Impact on Existing Accessory Dwelling Unit Ordinances AB 2299 provides that any existing ADU ordinance that does not meet the bill's requirements is null and void upon the date the bill becomes effective. In such cases, a jurisdiction must approve accessory dwelling units based on Government Code Section 65852.2 until the jurisdiction adopts a compliant ordinance. AB 2406 (Thurmond) AB 2406 (Chapter 755, Statutes of 2016) creates more flexibility for housing options by authorizing local governments to permit junior accessory dwelling units (JADU) through an ordinance. The bill defines JADUs to be a unit that cannot exceed 500 square feet and must be completely contained within the space of an existing residential structure. In addition, the bill requires specified components for a local JADU ordinance. Adoption of a JADU ordinance is optional. Required Components The ordinance authorized by AB 2406 must include the following requirements: • Limit to one JADU per residential lot zoned for single-family residences with a single-family residence already built on the lot. • The single-family residence in which the JADU is created or JADU must be occupied by the owner of the residence. • The owner must record a deed restriction stating that the JADU cannot be sold separately from the single- family residence and restricting the JADU to the size limitations and other requirements of the JADU ordinance. • The JADU must be located entirely within the existing structure of the single-family residence and JADU have its own separate entrance. • The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed. • The JADU may share a bath with the primary residence or have its own bath. Prohibited Components This bill prohibits a local JADU ordinance from requiring: • Additional parking as a condition to grant a permit. • Applying additional water, sewer and power connection fees. No connections are needed as these utilities have already been accounted for in the original permit for the home. 5 20 Fire Safety Requirements AB 2406 clarifies that a JADU is to be considered part of the single-family residence for the purposes of fire and life protections ordinances and regulations, such as sprinklers and smoke detectors. The bill also requires life and protection ordinances that affect single-family residences to be applied uniformly to all single-family residences, regardless of the presence of a JADU. JADUs and the RHNA As part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a JADU toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit which is fairly flexible. Local government count units as part of reporting to DOF. JADUs meet these definitions and this bill would allow cities and counties to earn credit toward meeting their RHNA allocations by permitting residents to create less costly accessory units. See additional discussion under JADU frequently asked questions. 6 g� Frequently Asked Questions : Accessory Dwelling Units Should an Ordinance Encourage the Development of ADUs? Yes, ADU law and recent changes intend to address barriers, streamline approval and expand potential capacity for ADUs recognizing their unique importance in addressing California's housing needs. The preparation, adoption, amendment and implementation of local ADU ordinances must be carried out consistent with Government Code Section 65852.150: (a) The Legislature finds and declares all of the following: (1)Accessory dwelling units are a valuable form of housing in California. (2)Accessory dwelling 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. (3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. (4)Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California. (5) California faces a severe housing crisis. (6) The state is falling far short of meeting current and future housing demand with serious consequences for the state's economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners. (7)Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. (8)Accessory dwelling units are, therefore, an essential component of California's housing supply. (b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance 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 accessory dwelling units in zones in which they are authorized by local ordinance. 7 22 Are Existing Ordinances Null and Void? x Yes, any local ordinance adopted prior to January 1, 2017 that is not in compliance with the changes to ADU law will be art null and void. Until an ordinance is adopted, local governments must apply"state standards" (See Attachment 4 for State Standards checklist). In the absence of a local ordinance complying with ADU law, local review must be limited to "state standards" and cannot include additional requirements such as those in an existing ordinance. Are Local Governments Required to Adopt y°rKarenu. an Ordinance? No, a local government is not required to adopt an ordinance. ADUs built within a jurisdiction that lacks a local ordinance must comply with state standards (See Attachment 4). Adopting an ordinance can occur through different forms such as a new ordinance, amendment to an existing ordinance, separate section or special regulations within the zoning code or integrated into the zoning code by district. However, the ordinance should be established legislatively through a public process and meeting and not through internal administrative actions such as memos or zoning interpretations. Can a Local Government Preclude ADUs? No local government cannot preclude ADUs. Can a Local Government Apply Development Standards and Designate Areas? Yes, local governments may apply development standards and may designate where ADUs are permitted (GC Sections 65852.2(a)(1)(A) and (13)). However, ADUs within existing structures must be allowed in all single family residential zones. For ADUs that require an addition or a new accessory structure, development standards such as parking, height, lot coverage, lot size and maximum unit size can be established with certain limitations. ADUs can be avoided or allowed through an ancillary and separate discretionary process in areas with health and safety risks such as high fire hazard areas. However, standards and allowable areas must not be designed or applied in a manner that burdens the development of ADUs and should maximize the potential for ADU development. Designating areas where ADUs are allowed should be approached primarily on health and safety issues including water, sewer, traffic flow and public safety. Utilizing approaches such as restrictive overlays, limiting ADUs to larger lot sizes, burdensome lot coverage and setbacks and particularly concentration or distance requirements (e.g., no less than 500 feet between ADUs) may unreasonably restrict the ability of the homeowners to create ADUs, contrary to the intent of the Legislature. 8 g�' Requiring large minimum lot sizes and not allowing smaller lot sizes for ADUs can severely restrict their potential development. For example, large minimum lot sizes for ADUs may constrict capacity throughout most of the community. Minimum lot sizes cannot be applied to ADUs within existing structures and could be considered relative to health and safety concerns such as areas on septic systems. While larger lot sizes might be targeted for various reasons such as ease of compatibility, many tools are available (e.g., maximum unit size, maximum lot coverage, minimum setbacks, architectural and landscape requirements) that allows ADUs to fit well within the built environment. Can a Local Government Adopt Less Restrictive Requirements? Yes, ADU law is a minimum requirement and its purpose is to encourage the development of ADUs. Local governments can take a variety of actions beyond the statute that promote ADUs such as reductions in fees, less restrictive parking or unit sizes or amending general plan policies. Santa Cruz has confronted a shortage of housing for many years, considering its growth in population from incoming students at UC Santa Cruz and its proximity to Silicon Valley. The city promoted the development of ADUs as critical infill-housing opportunity through various strategies such as creating a manual to promote ADUs. The manual showcases prototypes of ADUs and outlines city zoning laws and requirements to make it more convenient for homeowners to get information. The City found that homeowners will take time to develop an ADU only if information is easy to find, the process is simple, and there is sufficient guidance on what options they have in regards to design and planning. The city set the minimum lot size requirement at 4,500 sq. ft. to develop an ADU in order to encourage more homes to build an ADU. This allowed for a majority of single-family homes in Santa Cruz to develop an ADU. For more information, see http://www.cityofsantacruz.com/departments/planning-and-community- development/programs/accessory-dwelling-unit-development-program. Can Local Governments Establish Minimum and Maximum Unit Sizes? Yes, a local government may establish minimum and maximum unit sizes (GC Section 65852.2(c). However, like all development standards (e.g., height, lot coverage, lot size), unit sizes should not burden the development of ADUs. For example, setting a minimum unit size that substantially increases costs or a maximum unit size that unreasonably restricts opportunities would be inconsistent with the intent of the statute. Typical maximum unit sizes range from 800 square feet to 1,200 square feet. Minimum unit size must at least allow for an efficiency unit as defined in Health and Safety Code Section 17958.1. ADU law requires local government approval if meeting various requirements (GC Section 65852.2(a)(1)(D)), including unit size requirements. Specifically, attached ADUs shall not exceed 50 percent of the existing living area or 1,200 square feet and detached ADUs shall not exceed 1,200 square feet. A local government may choose a maximum unit size less than 1,200 square feet as long as the requirement is not burdensome on the creation of ADUs. Can ADUs Exceed General Plan and Zoning Densities? 9 90 An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Minimum lot sizes must not be doubled (e.g., 15,000 square feet)to account for an ADU. Further, local governments could elect to allow more than one ADU on a lot. New developments can increase the total number of affordable units in their project plans by integrating ADUs. Aside from increasing the total number of affordable units, integrating ADUs also promotes housing choices within a development. One such example is the Cannery project in Davis, CA. The Cannery project includes 547 residential units with up to 60 integrated ADUs. ADUs within the Cannery blend in with surrounding architecture, maintaining compatibility with neighborhoods and enhancing community character. ADUs are constructed at the same time as the primary single-family unit to ensure the affordable rental unit is available in the housing supply concurrent with the availability of market rate housing. 10 92 How Are Fees Charged to ADUs? All impact fees, including water, sewer, park and traffic fees must be charged in accordance with the Fee Mitigation Act, which requires fees to be proportional to the actual impact (e.g., significantly less than a single family home). Fees on ADUs, must proportionately account for impact on services based on the size of the ADU or number of plumbing fixtures. For example, a 700 square foot new ADU with one bathroom that results in less landscaping should be charged much less than a 2,000 square foot home with three bathrooms and an entirely new landscaped parcel which must be irrigated. Fees for ADUs should be significantly less and should account for a lesser impact such as lower sewer or traffic impacts. What Utility Fee Requirements Apply to ADUs? Cities and counties cannot consider ADUs as new residential uses when calculating connection fees and capacity charges. Where ADUs are being created within an existing structure (primary or accessory), the city or county cannot require a new or separate utility connections for the ADU and cannot charge any connection fee or capacity charge. For other ADUs, a local agency may require separate utility connections between the primary dwelling and the ADU, but any connection fee or capacity charge must be proportionate to the impact of the ADU based on either its size or the number of plumbing fixtures. What Utility Fee Requirements Apply to Non-City and County Service Districts? All local agencies must charge impact fees in accordance with the Mitigation Fee Act (commencing with Government Code Section 66000), including in particular Section 66013, which requires the connection fees and capacity charges to be proportionate to the burden posed by the ADU. Special districts and non-city and county service districts must account for the lesser impact related to an ADU and should base fees on unit size or number of plumbing fixtures. Providers should consider a proportionate or sliding scale fee structures that address the smaller size and lesser impact of ADUs (e.g., fees per square foot or fees per fixture). Fee waivers or deferrals could be considered to better promote the development of ADUs. Do Utility Fee Requirements Apply to ADUs within Existing Space? No, where ADUs are being created within an existing structure (primary or accessory), new or separate utility connections and fees (connection and capacity) must not be required. Does "Public Transit" Include within One-half Mile of a Bus Stop and Train Station? Yes, "public transit" may include a bus stop, train station and paratransit if appropriate for the applicant. "Public transit" includes areas where transit is available and can be considered regardless of tighter headways (e.g., 15 minute intervals). Local governments could consider a broader definition of"public transit' such as distance to a bus route. 11 92 Can Parking Be Required Where a Car Share Is Available? No, ADU law does not allow parking to be required when there is a car share located within a block of the ADU. A car share location includes a designated pick up and drop off location. Local governments can measure a block from a pick up and drop off location and can decide to adopt broader distance requirements such as two to three blocks. Is Off Street Parking Permitted in Setback Areas or through Tandem Parking? Yes, ADU law deliberately reduces parking requirements. Local governments may make specific findings that tandem parking and parking in setbacks are infeasible based on specific site, regional topographical or fire and life safety conditions or that tandem parking or parking in setbacks is not permitted anywhere else in the jurisdiction. However, these determinations should be applied in a manner that does not unnecessarily restrict the creation of ADUs. Local governments must provide reasonable accommodation to persons with disabilities to promote equal access housing and comply with fair housing laws and housing element law. The reasonable accommodation procedure must provide exception to zoning and land use regulations which includes an ADU ordinance. Potential exceptions are not limited and may include development standards such as setbacks and parking requirements and permitted uses that further the housing opportunities of individuals with disabilities. Is Covered Parking Required? No, off street parking must be permitted through tandem parking on an existing driveway, unless specific findings are made. Is Replacement Parking Required When the Parking Area for the Primary Structure Is Used for an ADU? Yes, but only if the local government requires off-street parking to be replaced in which case flexible arrangements such as tandem, including existing driveways and uncovered parking are allowed. Local governments have an opportunity to be flexible and promote ADUs that are being created on existing parking space and can consider not requiring replacement parking. Are Setbacks Required When an Existing Garage Is Converted to an ADU? No, setbacks must not be required when a garage is converted or when existing space (e.g., game room or office) above a garage is converted. Rear and side yard setbacks of no more than five feet are required when new space is added above a garage for an ADU. In this case, the setbacks only apply to the added space above the garage, not the existing garage and the ADU can be constructed wholly or partly above the garage, including extending beyond the garage walls. Also, when a garage, carport or covered parking structure is demolished or where the parking area ceases to exist so an ADU can be created, the replacement parking must be allowed in any"configuration" on the lot, "...including, 12 9S but not limited to, covered spaces, uncovered spaces, or tandem spaces, or...." Configuration can be applied in a flexible manner to not burden the creation of ADUs. For example, spatial configurations like tandem on existing driveways in setback areas or not requiring excessive distances from the street would be appropriate. Are ADUs Permitted in Existing Residence or Accessory Space? Yes, ADUs located in single family residential zones and existing space of a single family residence or accessory structure must be approved regardless of zoning standards (Section 65852.2(a)(1)(B))for ADUs, including locational requirements (Section 65852.2(a)(1)(A)), subject to usual non-appealable ministerial building permit requirements. For example, ADUs in existing space does not necessitate a zoning clearance and must not be limited to certain zones or areas or subject to height, lot size, lot coverage, unit size, architectural review, landscape or parking requirements. Simply, where a single family residence or accessory structure exists in any single family residential zone, so can an ADU. The purpose is to streamline and expand potential for ADUs where impact is minimal and the existing footprint is not being increased. Zoning requirements are not a basis for denying a ministerial building permit for an ADU, including non-conforming lots or structures. The phrase, "..within the existing space" includes areas within a primary home or within an attached or detached accessory structure such as a garage, a carriage house, a pool house, a rear yard studio and similar enclosed structures. Are Owner Occupants Required? No, however, a local government can require an applicant to be an owner occupant. The owner may reside in the primary or accessory structure. Local governments can also require the ADU to not be used for short term rentals (terms lesser than 30 days). Both owner occupant use and prohibition on short term rentals can be required on the same property. Local agencies which impose this requirement should require recordation of a deed restriction regarding owner occupancy to comply with GC Section 27281.5 Are Fire Sprinklers Required for ADUs? Depends, ADUs shall not be required to provide fire sprinklers if they are not or were not required of the primary residence. However, sprinklers can be required for an ADU if required in the primary structure. For example, if the primary residence has sprinklers as a result of an existing ordinance, then sprinklers could be required in the ADU. Alternative methods for fire protection could be provided. If the ADU is detached from the main structure or new space above a detached garage, applicants can be encouraged to contact the local fire jurisdiction for information regarding fire sprinklers. Since ADUs are a unique opportunity to address a variety of housing needs and provide affordable housing options for family members, students, the elderly, in-home health care providers, the disabled, and others, the fire departments want to ensure the safety of these populations as well as the safety of those living in the primary structure. Fire Departments can help educate property owners on the benefits of sprinklers, potential resources and how they can be installed cost effectively. For example, insurance rates are typically 5 to 10 percent lower where the unit is sprinklered. Finally, other methods exist to provide additional fire protection. Some options may include additional exits, emergency escape and rescue openings, 1 hour or greater fire-rated assemblies, roofing materials and setbacks from property lines or other structures. 13 94 Is Manufactured Housing Permitted as an ADU? Yes, an ADU is any residential dwelling unit with independent facilities and permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU includes an efficiency unit (Health and Safety Code Section 17958.1) and a manufactured home (Health and Safety Code Section 18007). Health and Safety Code Section 18007(a) "Manufactured home," for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single- family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following). Can an Efficiency Unit Be Smaller than 220 Square Feet? Yes, an efficiency unit for occupancy by no more than two persons, by statute (Health and Safety Code Section 17958.1), can have a minimum floor area of 150 square feet and can also have partial kitchen or bathroom facilities, as specified by ordinance or can have the same meaning specified in the Uniform Building Code, referenced in the Title 24 of the California Code of Regulations. The 2015 International Residential Code adopted by reference into the 2016 California Residential Code (CRC) allows residential dwelling units to be built considerably smaller than an Efficiency Dwelling Unit (EDU). Prior to this code change an EDU was required to have a minimum floor area not less than 220 sq. ft unless modified by local ordinance in accordance with the California Health and Safety Code which could allow an EDU to be built no less than 150 sq. ft. For more information, see HCD's Information Bulletin at http://www.hcd.ca.gov/codes/manufactured-housinq/docs/ib2016-06.pdf . Does ADU Law Apply to Charter Cities and Counties? Yes. ADU law explicitly applies to "local agencies"which are defined as a city, county, or city and county whether general law or chartered (Section 65852.2(i)(2)). 14 95 Do ADUs Count toward the Regional Housing Need Allocation? Yes, local governments may report ADUs as progress toward Regional Housing Need Allocation pursuant to Government Code Section 65400 based on the actual or anticipated affordability. See below frequently asked questions for JADUs for additional discussion. Must ADU Ordinances Be Submitted to the Department of Housing and Community Development? Yes, ADU ordinances must be submitted to the State Department of Housing and Community Development within 60 days after adoption, including amendments to existing ordinances. However, upon submittal, the ordinance is not subject to a Department review and findings process similar to housing element law(GC Section 65585) 15 90 Frequently Asked Questions: Junior Accessory Dwelling Units Is There a Difference between ADU and JADU? - Yes, AB 2406 added Government Code Section 65852.22, �i providing a unique option for Junior ADUs. The bill allows local governments to adopt ordinances for JADUs, which are ft" 4 no more than 500 square feet and are typically bedrooms in a single-family home that have an entrance into the unit from L the main home and an entrance to the outside from the _1 s JADU. The JADU must have cooking facilities, including a . sink, but is not required to have a private bathroom. Current law does not prohibit local governments from adopting an ordinance for a JADU, and this bill explicitly allows, not requires, a local agency to do so. If the ordinance requires a permit, the local agency shall not require additional parking or charge a fee for a water or sewer connection as a condition Courtesy of Lilypad Homes and Photo Credit to Jocelyn Knight of granting a permit for a JADU. For more information, see below. ADUs and JADUs REQUIREMENTS Maximum Unit Size Yes, generally up to 1,200 Square Feet or Yes, 500 Square Foot Maximum 50% of living area Kitchen Yes Yes Bathroom Yes No, Common Sanitation is Allowed Separate Entrance Depends Yes Parking Depends, Parking May Be Eliminated and No, Parking Cannot Be Required Cannot Be Required Under Specified Conditions Owner Occupancy Depends, Owner Occupancy May Be Yes, Owner Occupancy Is Required Required Ministerial Approval Process Yes Yes Prohibition on Sale of ADU Yes Yes 16 97 Why Adopt a JADU Ordinance? JADUs offer the simplest and most affordable housing option. They bridge the gap between a roommate and a tenant by offering an interior connection between the unit and main living area. The doors between the two spaces can be secured from both sides, allowing them to be easily privatized or incorporated back into the main living area. These units share central systems, require no fire separation, and have a basic kitchen, utilizing small plug in appliances, reducing development costs. This provides flexibility and an insurance policy in homes in case additional income or housing is needed. They present no additional stress on utility services or infrastructure because they simply repurpose spare bedrooms that do not expand the homes planned occupancy. No additional address is required on the property because an interior connection remains. By adopting a JADU ordinance, local governments can offer homeowners additional options to take advantage of underutilized space and better address its housing needs. Can JADUs Count towards the RHNA? Yes, as part of the housing element portion of their general plan, local governments are required to identify sites with appropriate zoning that will accommodate projected housing needs in their regional housing need allocation (RHNA) and report on their progress pursuant to Government Code Section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, a JADU, including with shared sanitation facilities, that meets the census definition and is reported to the Department of Finance as part of the DOF annual City and County Housing Unit Change Survey can be credited toward the RHNA based on the appropriate income level. Local governments can track actual or anticipated affordability to assure the JADU is counted to the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit application. A housing unit is a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that is occupied, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other persons in the building and which have direct access from the outside of the building or through a common hall. Can the JADU Be Sold Independent of the Primary Dwelling? No, the JADU cannot be sold separate from the primary dwelling. Are JADUs Subject to Connection and Capacity Fees? No, JADUs shall not be considered a separate or new dwelling unit for the purposes of fees and as a result should not be charged a fee for providing water, sewer or power, including a connection fee. These requirements apply to all providers of water, sewer and power, including non-municipal providers. Local governments may adopt requirements for fees related to parking, other service or connection for water, sewer or power, however, these requirements must be uniform for all single family residences and JADUs are not considered a new or separate unit. 17 92 Are There Requirements for Fire Separation and Fire Sprinklers? Yes, a local government may adopt requirements related to fire and life protection requirements. However, a JADU shall not be considered a new or separate unit. In other words, if the primary unit is not subject to fire or life protection requirements, then the JADU must be treated the same. 18 99 Resources 71 d� , y F -. " rri�ttiw Courtesy of Karen Chapple, UC Berkeley 19 100 Attachment 1 : Statutory Changes (Strikeout/Underline) Government Code Section 65852.2 (a) (1)Any A local agency may, by ordinance, provide for the creation of seGend accessory dwelling units in single-family and multifamily residential zones. The ordinance niay shall do any all of the following: (A) Designate areas within the jurisdiction of the local agency where seeead accessory dwelling 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 sesead accessory dwelling units on traffic fleas flow and public safety. (B) (i) Impose standards on seeend accessory dwelling units that include, but are not limited to, parking, height, setback, lot coverage, landscape, 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. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its iurisdiction. (C) Provide that seeend accessory dwelling units do not exceed the allowable density for the lot upon which the sesend accessory dwelling unit is located, and that seed accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwellinq units to comply with all of the followinq: (i) The unit is not intended for sale separate from the primary residence and may be rented. (ii) The lot is zoned for single-family or multifamily use and contains an existing, single-family dwelling. (iii) The accessory dwelling unit is either attached to the existing dwelling or 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. (iy) The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. (v) The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in coniunction with the construction of an accessory dwelling unit. (vi) No setback shall be required for an existing-garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix)Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (1) Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existinq driveway. (11) Offstreet 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 iurisdiction. (111) This clause shall not apply to a unit that is described in subdivision (d). 20 ��Z (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those offstreet parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. This clause shall not apply to a unit that is described in subdivision (d). (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 its. Nothing in this paragraph may b r-nnstri ied to require a IGGal government to adept or arnend an use perm e nrr+inanoe for the oreatien of AD Is, permits, within 120 days after receivinq the application. A local agency may charge a fee to reimburse it for costs that it incurs 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 Ams.an accessory dwelling unit. M ()M An When existing ordinance governinq the creation of an accessory dwelling unit by a local agency first appliGation A-.n A—rafter july 1, 1983, for a permit pursuant tA- this subdIvIsdon, the IGGal agenGY shall aGGePt the --PpliGation and appFeve oF disapprove the appliGation ministerially without disr--reatiop , , 'suant to this su bduyisien unless i+ or an accessory dwelling ordinance adopted by a local agency subsequent to the effective date of the act adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. In the event that a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void upon the effective date of the act adding this paragraph and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance ' appliGation. Nc)twithstanding Ser--Aien 65-9-0-1 er 65906, every IGGal agenGy shall gFant a varianGe er speGial use that complies with this section. (A)The unit is not intender- for sale and- may be renter) (B)The let is wed for single_family er multifamily use-. (G) The Int oontains an existing single family dwelling. (D) The ADU is either attaGhed to the existing dwel"Rg and IGGated within the living area of the existing dwell' (E)The ORGreased- fleerarea efan Att-;;r--.hed ADU shall not eXGeed 30 PeFGent of the existing living area. (F)The total area of fleersnaoe for a rle+aohed AD I shall note eed 1,200 square feet. (G) Requirements relating to height, setbaGk, 10t GOVerage, aFGh'teGtUral Feview, site plan review, fees, Gharges, I (H) LeGal building Gode requirements whiGh apply te detaGhed dwell (1)Appreval by the IGGal health effiGer where a private sewage disposal system us being used, if requiFed. 21 10 R4 (5) 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. {3-) (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed nnl OR lets-a proposed accessory dwellinq unit on a lot zoned for residential use why :n that contains an existing single-family dwelling. No additional standards, other than those provided in thissubdivision Pr subdivision {a)—, subdivision, 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 GWRer GGGUPa^+. owner-occupant or that the property be used for rentals of terms longer than 30 days. 04 (7) NE) Ghanges in zening ordinanGeG OF Other ord-inang-es er any Ghanges in the general plan shall be required to implement this s b diVioiOR nn"A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of ADUs an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. k&) (8) A Anl I �Aihinh nnnforms to the req uiromontc Gf An accessory dwelling unit that conforms to this subdivision Shall be deemed to be an accessory use or an accessory building and 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 usewhioh that is consistent with the existing general plan and zoning designations for the lot. The Ams accessory dwellinq unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. ko IJ No When a local agency shall adopt an r-rdinonno iNhinh totally prem urles DI to within single family or multifamily zened aFeas unless the E)rd'RaRGe GE)RtaiRS findings aGkRewledgiRg that the erdinaRGe may limit safety, and welfare that would result frem alleWiRg ADUs withiR SiRgle family and multifamily zGned aFeas justify adopting the ordinanGe. that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives its first application on or after July 1, 1983, for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days after receiving the application. {d) ()A local agency may establish minimum and maximum unit size requirements for both attached and detached seoeed accessory dwellinq units. No minimum or maximum size for a Second an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which that does not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of public transit. () The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) may be required provided that a finding is made that the additional parking requirements are diFeGtly related te the 22 203 URIeSS speGifiG fiRdiRgs are made that park'Rg 'R setbaGk areas or tandem parkiRg is RGt feasible based UPGR 'fiG site er regiGRal tepegraphiGal er fire And loft- safety Genditions, or that it is not permitted aR)Pwhere else speG the ;, riE;d'Gtien. Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (f) (1) Fees charged for the construction of sesend accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66 66000) and Chapter 7(commencing with Section 66012). (2)Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. (A) For an accessory dwelling unit described in subdivision (e), a local agency shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. (8) For an accessory dwelling unit that is not described in subdivision (e), a local agency may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ABIs.an accessory dwelling unit. (h) Local agencies shall submit a copy of the des ordinance adopted pursuant to subdivision (a)er{4to 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 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) `°SeceRd-"Accessory dwellinp 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-seser}d An accessory dwelling 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. (5) `Passageway"means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 23 104 0) 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 (commencing 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 seeend accessory dwelling units. Government Code Section 65852.22. (a) Notwithstandinq Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a single-family residence already built on the lot. (2) Require owner-occupancy in the single-family residence in which the iunior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created iunior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housinq organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A)A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B)A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom. L5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation. (6) Require the permitted iunior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: (A)A sink with a maximum waste line diameter of 1.5 inches. (B)A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. (C)A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b) (1)An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whether the junior accessory dwelling unit is in compliance with applicable building standards. (c)An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a 24 105 permit pursuant to this section. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the purposes of any fire or life protection ordinance or regulation, a iunior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a iunior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a iunior accessory dwelling unit or not. (e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (n This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a iunior accessory dwelling unit. (g) For purposes of this section, the following terms have the following meanings: (1) `Junior accessory dwelling unit'means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwellinq unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2) "Local agency"means a city, county, or city and county, whether general law or chartered. 25 100 Attachment 2: Sample ADU Ordinance Section XXX1XXX: Purpose This Chapter provides for accessory dwelling units on lots developed or proposed to be developed with single- family dwellings. Such accessory dwellings contribute needed housing to the community's housing stock. Thus, accessory dwelling units are a residential use which is consistent with the General Plan objectives and zoning regulations and which enhances housing opportunities, including near transit on single family lots. Section XXX2XXX: Applicability The provisions of this Chapter apply to all lots that are occupied with a single family dwelling unit and zoned residential. Accessory dwelling units do exceed the allowable density for the lot upon which the accessory dwelling unit is located, and are a residential use that is consistent with the existing general plan and zoning designation for the lot. Section XXX3XXX: Development Standards Accessory Structures within Existing Space An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the Chapter if complying with: 1. Building and safety codes 2. Independent exterior access from the existing residence 3. Sufficient side and rear setbacks for fire safety. Accessory Structures (Attached and Detached) General: 1. The unit is not intended for sale separate from the primary residence and may be rented. 2. The lot is zoned for residential and contains an existing, single-family dwelling. 3. The accessory dwelling unit is either attached to the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. 4. The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet. 5. The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet. 6. Local building code requirements that apply to detached dwellings, as appropriate. 7. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. 8. No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage. 9. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection. Parking: 1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom.These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback. 2. Parking is not required in the following instances: The accessory dwelling unit is located within one-half mile of public transit, including transit stations and bus stations. 26 107 The accessory dwelling unit is located in the WWWW Downtown, XXX Area, YYY Corridor and ZZZ Opportunity Area. The accessory dwelling unit is located within an architecturally and historically significant historic district. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. When there is a car share vehicle located within one block of the accessory dwelling unit. 3. Replacement Parking: When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit. Section XXX4XXX: Permit Requirements ADUs shall be permitted ministerially, in compliance with this Chapter within 120 days of application. The Community Development Director shall issue a building permit or zoning certificate to establish an accessory dwelling unit in compliance with this Chapter if all applicable requirements are met in Section XXX3XXXXX, as appropriate. The Community Development Director may approve an accessory dwelling unit that is not in compliance with Section XXX3XXXX as set forth in Section XXXSXXXX. The XXXX Health Officer shall approve an application in conformance with XXXXXX where a private sewage disposal system is being used. Section XXXSXXX: Review Process for Accessory Structure Not Complying with Development Standards An accessory dwelling unit that does not comply with standards in Section XXX3XX may permitted with a zoning certificate or an administrative use permit at the discretion of the Community Development Director subject to findings in Section XXX6XX Section XXX6XXX: Findings A. In order to deny an administrative use permit under Section XXXSXXX, the Community Development Director shall find that the Accessory Dwelling Unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors. B. In order to approve an administrative use permit under Section XXXSXXX to waive required accessory dwelling unit parking, the Community Development Director shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this Chapter. Section XXX7XXX: Definitions (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) "Accessory dwelling 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. An accessory dwelling 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. (3) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 27 202 (4) (1) "Existing Structure"for the purposes of defining an allowable space that can be converted to an ADU means within the four walls and roofline of any structure existing on or after January 1, 2017 that can be made safely habitable under local building codes at the determination of the building official regardless of any non-compliance with zoning standards. 28 109 Attachment 3: Sample JADU Ordinance (Lilypad Homes at http://lilypadhomes.orp� Draft Junior Accessory Dwelling Units (JADU) — Flexible Housing Findings: 1. Causation: Critical need for housing for lower income families and individuals given the high cost of living and low supply of affordable homes for rent or purchase, and the difficulty, given the current social and economic environment, in building more affordable housing 2. Mitigation: Create a simple and inexpensive permitting track for the development of junior accessory dwelling units that allows spare bedrooms in homes to serve as a flexible form of infill housing 3. Endangerment: Provisions currently required under agency ordinances are so arbitrary, excessive, or burdensome as to restrict the ability of homeowners to legally develop these units therefore encouraging homeowners to bypass safety standards and procedures that make the creation of these units a benefit to the whole of the community 4. Co-Benefits: Homeowners (particularly retired seniors and young families, groups that tend to have the lowest incomes)—generating extra revenue, allowing people facing unexpected financial obstacles to remain in their homes, housing parents, children or caregivers; Homebuyers - providing rental income which aids in mortgage qualification under new government guidelines; Renters—creating more low-cost housing options in the community where they work, go to school or have family, also reducing commute time and expenses; Municipalities—helping to meet RHNA goals, increasing property and sales tax revenue, insuring safety standard code compliance, providing an abundant source of affordable housing with no additional infrastructure needed; Community- housing vital workers, decreasing traffic, creating economic growth both in the remodeling sector and new customers for local businesses; Planet- reducing carbon emissions, using resources more efficiently; 5. Benefits of Junior ADUs: offer a more affordable housing option to both homeowners and renters, creating economically healthy, diverse, multi-generational communities; Therefore the following ordinance is hereby enacted: This Section provides standards for the establishment of junior accessory dwelling units, an alternative to the standard accessory dwelling unit, permitted as set forth under State Law AB 1866 (Chapter 1062, Statutes of 2002) Sections 65852.150 and 65852.2 and subject to different provisions under fire safety codes based on the fact that junior accessory dwelling units do not qualify as "complete independent living facilities" given that the interior connection from the junior accessory dwelling unit to the main living area remains, therefore not redefining the single-family home status of the dwelling unit. A) Development Standards. Junior accessory dwelling units shall comply with the following standards, including the standards in Table below: 1) Number of Units Allowed. Only one accessory dwelling unit or,junior accessory dwelling unit, may be located on any residentially zoned lot that permits a single-family dwelling except as otherwise regulated or restricted by an adopted Master Plan or Precise Development Plan. A junior accessory dwelling unit may only be located on a lot which already contains one legal single-family dwelling. 2) Owner Occupancy:The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling or the accessory dwelling, except when the home is held by an agency such as a land trust or housing organization in an effort to create affordable housing. 3) Sale Prohibited:A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. 29 2�� 4) Deed Restriction:A deed restriction shall be completed and recorded, in compliance with Section B below. 5) Location of Junior Accessory Dwelling Unit:A junior accessory dwelling unit must be created within the existing walls of an existing primary dwelling, and must include conversion of an existing bedroom. 6) Separate Entry Required:A separate exterior entry shall be provided to serve a junior accessory dwelling unit. 7) Interior Entry Remains:The interior connection to the main living area must be maintained, but a second door may be added for sound attenuation. 8) Kitchen Requirements:The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: a) A sink with a maximum waste line diameter of one-and-a-half(1.5) inches, b) A cooking facility with appliance which do not require electrical service greater than one-hundred-and- twenty(120) volts or natural or propane gas, and c) A food preparation counter and storage cabinets that are reasonable to size of the unit. 9) Parking: No additional parking is required beyond that required when the existing primary dwelling was constructed. Development Standards for Junior Accessory Dwelling Units SITE • - DESIGN FEATURE SITE AND DESIGN - -D Maximum unit size 500 square feet Setbacks As required for the primary dwelling unit Parking No additional parking required B) Deed Restriction: Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder's office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that: 1) The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit; 2) The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards; 3) The junior accessory dwelling unit shall be considered legal only so long as either the primary residence, or the accessory dwelling unit, is occupied by the owner of record of the property, except when the home is owned by an agency such as a land trust or housing organization in an effort to create affordable housing; 4) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property. C) No Water Connection Fees: No agency should require a water connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed. D) No Sewer Connection Fees: No agency should require a sewer connection fee for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard 30 �ZZ may be assessed. E) No Fire Sprinklers and Fire Attenuation: No agency should require fire sprinkler or fire attenuation specifications for the development of a junior accessory dwelling unit. An inspection fee to confirm that the dwelling unit complies with development standard may be assessed. Definitions of Specialized Terms and Phrases. "Accessory dwelling 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. An accessory dwelling_ unit also includes the following: (1)An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (2)A manufactured home, as defined in Section 18007 of the Health and Safety Code. "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 31 1-1 Attachment 4: State Standards Checklist (As of January 1 , 2017) GOVERNMENT . STATE CODE SECTION Unit is not intended for sale separate from the primary residence and may be 65852.2(a)(1)(D)(i) rented. Lot is zoned for single-family or multifamily use and contains an existing, single- 65852.2(a)(1)(D))ii) family dwelling. Accessory dwelling unit is either attached to the existing dwelling or located 65852.2(a)(1)(D)(iii within the living area of the existing dwelling or detached from the existing ) dwelling and located on the same lot as the existing dwelling. Increased floor area of an attached accessory dwelling unit does not exceed 50 65852.2(a)(1)(D)(iv percent of the existing living area, with a maximum increase in floor area of ) 1,200 square feet. Total area of floor space for a detached accessory dwelling unit dies not exceed 65852.2(a)(1)(D)(v 1,200 square feet. ) Passageways are not required in conjunction with the construction of an 65852.2(a)(1)(D)(vi accessory dwelling unit. ) Setbacks are not required for an existing garage that is converted to an 65852.2(a)(1)(D)(vi accessory dwelling unit, and a setback of no more than five feet from the side i) and rear lot lines are not required for an accessory dwelling unit that is constructed above a garage. (Local building code requirements that apply to detached dwellings are met, as 65852.2(a)(1)(D)(vi appropriate. ii) Local health officer approval where a private sewage disposal system is being 65852.2(a)(1)(D)(ix used, if required. Parking requirements do not exceed one parking space per unit or per bedroom. 65852.2(a)(1)(D)(x These spaces may be provided as tandem parking on an existing driveway. ) * Other requirements may apply. See Government Code Section 65852.2 32 213 Attachment 5: Bibliography Reports ACCESSORY DWELLING UNITS: CASE STUDY (26 pp.) By United States Department of Housing and Urban Development, Office of Policy Development and Research. (2008) Introduction: Accessory dwelling units (ADUs) —also referred to as accessory apartments, ADUs, or granny flats —are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities, and can be either attached or detached from the main residence. This case study explores how the adoption of ordinances, with reduced regulatory restrictions to encourage ADUs, can be advantageous for communities. Following an explanation of the various types of ADUs and their benefits, this case study provides examples of municipalities with successful ADU legislation and programs. Section titles include: History of ADUs; Types of Accessory Dwelling Units; Benefits of Accessory Dwelling Units; and Examples of ADU Ordinances and Programs. THE MACRO VIEW ON MICRO UNITS (46 pp.) By Bill Whitlow, et al. – Urban Land Institute (2014) Library Call #: H43 4.21 M33 2014 The Urban Land Institute Multifamily Housing Councils were awarded a ULI Foundation research grant in fall 2013 to evaluate from multiple perspectives the market performance and market acceptance of micro and small units. RESPONDING TO CHANGING HOUSEHOLDS: Regulatory Challenges for Micro-units and Accessory Dwelling Units (76 pp.) By Vicki Been, Benjamin Gross, and John Infranca (2014) New York University: Furman Center for Real Estate & Urban Policy Library Call # D55 3 147 2014 This White Paper fills two gaps in the discussion regarding compact units. First, we provide a detailed analysis of the regulatory and other challenges to developing both ADUs and micro-units, focusing on five cities: New York; Washington, DC; Austin; Denver; and Seattle. That analysis will be helpful not only to the specific jurisdictions we study, but also can serve as a model for those who what to catalogue regulations that might get in the way of the development of compact units in their own jurisdictions. Second, as more local governments permit or encourage compact units, researchers will need to evaluate how well the units built serve the goals proponents claim they will. SCALING UP SECONDARY UNIT PRODUCTION IN THE EAST BAY: Impacts and Policy Implications (25 pp.) By Jake Webmann, Alison Nemirow, and Karen Chapple (2012) UC Berkeley: Institute of Urban and Regional Development (TURD) Library Call # H44 1.1 S33 2012 This paper begins by analyzing how many secondary units of one particular type, detached backyard cottages, might be built in the East Bay, focusing on the Flatlands portions of Berkeley, EI Cerrito, and Oakland. We then investigate the potential impacts of scaling up the strategy with regard to housing affordability, smart growth, alternative transportation, the economy, and city budgets. A final section details policy recommendations, focusing on regulatory reforms and other actions cities can take to encourage secondary unit construction, such as promoting carsharing programs, educating residents, and providing access to finance. 33 SECONDARY UNITS AND URBAN INFILL: A literature Review (12 pp.) By Jake Wegmann and Alison Nemirow(2011) UC Berkeley: IURD Library Call # D44 4.21 S43 2011 This literature review examines the research on both infill development in general, and secondary units in particular, with an eye towards understanding the similarities and differences between infill as it is more traditionally understood — i.e., the development or redevelopment of entire parcels of land in an already urbanized area—and the incremental type of infill that secondary unit development constitutes. YES, BUT WILL THEY LET US BUILD? The Feasibility of Secondary Units in the East Bay (17 pp.) By Alison Nemirow and Karen Chapple (2012) UC Berkeley: IURD Library Call # H44.5 1.1 Y47 2012 This paper begins with a discussion of how to determine the development potential for secondary units, and then provides an overview of how many secondary units can be built in the East Bay of San Francisco Bay Area under current regulations. The next two sections examine key regulatory barriers in detail for the five cities in the study (Albany, Berkeley, EI Cerrito, Oakland, and Richmond), looking at lot size, setbacks, parking requirements, and procedural barriers. A sensitivity analysis then determines how many units could be built were the regulations to be relaxed. YES IN MY BACKYARD: Mobilizing the Market for Secondary Units (20 pp.) By Karen Chapple, J. Weigmann, A. Nemirow, and C. Dentel-Post(2011) UC Berkeley: Center for Community Innovation. Library Call # B92 1.1 Y47 2011 This study examines two puzzles that must be solved in order to scale up a secondary unit strategy: first, how can city regulations best enable their construction?And second, what is the market for secondary units? Because parking is such an important issue, we also examine the potential for secondary unit residents to rely on alternative transportation modes, particular car share programs. The study looks at five adjacent cities in the East Bay of the San Francisco Bay Area (Figure 1) -- Oakland, Berkeley, Albany, EI Cerrito, and Richmond --focusing on the areas within '/2 mile of five Bay Area Rapid Transit(BART) stations. Journal Articles and Working Papers: BACKYARD HOMES LA (17 pp.) By Dana Cuff, Tim Higgins, and Per-Johan Dahl, Eds. (2010) Regents of the University of California, Los Angeles. City Lab Project Book. DEVELOPING PRIVATE ACCESSORY DWELLINGS (6 pp.) By William P. Macht. Urbanland online. (June 26, 2015) Library Location: Urbanland 74 (3/4) March/April 2015, pp. 154-161. 34 �Z� GRANNY FLATS GAINING GROUND (2 pp.) By Brian Barth. Planning Magazine: pp. 16-17. (April 2016) Library Location: Serials "HIDDEN" DENSITY: THE POTENTIAL OF SMALL-SCALE INFILL DEVELOPMENT (2 pp.) By Karen Chapple (2011) UC Berkeley: IURD Policy Brief. Library Call # D44 1.2 H53 2011 California's implementation of SB 375, the Sustainable Communities and Climate Protection Act of 2008, is putting new pressure on communities to support infill development. As metropolitan planning organizations struggle to communicate the need for density, they should take note of strategies that make increasing density an attractive choice for neighborhoods and regions. HIDDEN DENSITY IN SINGLE-FAMILY NEIGHBORHOODS: Backyard cottages as an equitable smart growth strategy (22 pp.) By Jake Wegmann and Karen Chapple. Journal of Urbanism 7(3): pp. 307-329. (2014) Abstract(not available in full text): Secondary units, or separate small dwellings embedded within single-family residential properties, constitute a frequently overlooked strategy for urban infill in high-cost metropolitan areas in the United States. This study, which is situated within California's San Francisco Bay Area, draws upon data collected from a homeowners' survey and a Rental Market Analysis to provide evidence that a scaled-up strategy emphasizing one type of secondary unit—the backyard cottage—could yield substantial infill growth with minimal public subsidy. In addition, it is found that this strategy compares favorably in terms of affordability with infill of the sort traditionally favored in the `smart growth' literature, i.e. the construction of dense multifamily housing developments. RETHINKING PRIVATE ACCESSORY DWELLINGS (5 pp.) By William P. Macht. Urbanland online. (March 6, 2015) Library Location: Urbanland 74 (1/2)January/February 2015, pp. 87-91. ADUS AND LOS ANGELES' BROKEN PLANNING SYSTEM (4 pp.) By CARLYLE W. Hall. The Planning Report. (April 26, 2016). Land-use attorney Carlyle W. Hall comments on building permits for accessory dwelling units. News: HOW ONE COLORADO CITY INSTANTLY CREATED AFFORDABLE HOUSING By Anthony Flint. The Atlantic-CityLab. (May 17, 2016). In Durango, Colorado, zoning rules were changed to allow, for instance, non-family members as residents in already-existing accessory dwelling units. NEW HAMPSHIRE WINS PROTECTIONS FOR ACCESSORY DWELLING UNITS (1 p.) NLIHC (March 28, 2016) Affordable housing advocates in New Hampshire celebrated a significant victory this month when Governor Maggie Hassan (D)signed Senate Bill 146, legislation that allows single-family homeowners to add an accessory 35 dwelling unit as a matter of right through a conditional use permit or by special exception as determined by their municipalities. The bill removes a significant regulatory barrier to increasing rental homes at no cost to taxpayers. NEW IN-LAW SUITE RULES BOOST AFFORDABLE HOUSING IN SAN FRANCISCO. (3 pp.) By Rob Poole. Shareable. (June 10, 2014). The San Francisco Board of Supervisors recently approved two significant pieces of legislation that support accessory dwelling units (ADUs), also known as "in-law" or secondary units, in the city... USING ACCESSORY DWELLING UNITS TO BOLSTER AFFORDABLE HOUSING (3 pp.) By Michael Ryan. Smart Growth America. (December 12, 2014). 36 �� QP �� P P�" O� �� \�� Attachment No. PC 5 Revised Public Notice 119 QP O� 04 Notice of Proposed Amendments z Accessory Dwelling Units c'�L�fio�N�P The intent of this notice is to inform you of the City's proposed amendments to its regulations pertaining to Accessory Dwelling Units (ADU). Specifically, the amendments would permit the development of ADUs in single-family residential zoning districts. What is an Accessory Dwelling Unit? An ADU is a secondary dwelling unit with complete independent living facilities for one or more persons, which is located on the same parcel as a single-family dwelling and generally takes three forms: • Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Repurposed Existing Space (Conversion): Space (e.g., master bedroom) within the primary residence is converted into an independent living unit. Why is the City revising its regulations? The State of California adopted new legislation related to the development of ADUs, which went into effect January 1, 2017. The intent of the legislation is to reduce barriers to the development of ADUs, which have been found to be an affordable-by-design type of housing that can meet the needs of couples, small families, young people, students and seniors by offering new below market rentals in existing neighborhoods. Significant provisions of the new law include: • Prohibiting local governments from precluding or unreasonably restricting ADUs • Reducing parking standards for ADUs • Requiring ministerial approval (no public hearings)for ADUs Therefore, the City of Newport Beach is proposing amendments to the Zoning Code and Local Coastal Program to conform with these new provisions of State law. How does this affect my community? The amendments may allow a homeowner to obtain a building permit to develop an ADU within your community. However, State law does not prohibit Homeowner's Associations abilities to relate ADUs and does not override Covenants, Conditions, and Restrictions (CC&Rs). Where can I obtain more information? You may contact Jaime Murillo, Senior Planner, at (949) 644-3209 or e-mail at jmurillo(a-)newportbeachca.gov. You may also visit the City's webpage for this project at: www.newportbeachca.gov/ADU. Will there be public meetings? Yes, City staff will be presenting the proposed amendments to both the Planning Commission and City Council at regularly scheduled public hearings. Separate public hearing notices will be distributed. For the most current information, please contact staff or visit the project webpage. �� QP �� P P�" O� �� \�� Attachment No. PC 6 May 5, 2017, Daily Pilot Article 12S �� QP �� P P�" O� �� \�� Newport considers how to loosen its 'granny flats' rules - Daily Pilot Page 1 of 4 Newport considers how to loosen its 'granny flats' rules By Hillary Davis MAY 5, 2017, 3:00 PM new state law to expand the affordable housing stock by making accessory units easier to build is forcing Newport Beach to relax its longtime restrictions on the secondary homes. Also known as in-law apartments, granny flats, guesthouses or caritas,the secondary units —in planning parlance, an accessory dwelling unit, or ADU—is a small, complete home that is attached or unattached to, or within, a larger single-family home. This can include backyard cottages or apartments built in basements or above garages. State law previously gave cities wide latitude on local restrictions.As such, Newport Beach generally banned these add-ons, except for people age 55 and older. But a law enacted earlier this year to reduce barriers to accessory unit development nullifies Newport Beach's strict limitations, city planner Jaime Murillo told the Planning Commission on Thursday. The new law allows cities continued discretion on zoning,lot and unit size, and aesthetics. But provided they meet the basic standards, the units would be approved without a public hearing. City staff proposes lots be at least 5,000 square feet, the minimum for new construction in most single-family zoned areas of the city, Murillo said. This would generally exclude older parts of town with small lots and chronic parking issues, such as Newport Shores, Bayshores, Balboa Peninsula and Corona del Mar. Also, the state law does not restrict homeowners associations from prohibiting accessory units within their own regulations. Almost 19,000 Newport Beach home sites could be eligible to build an accessory unit, city staff said. Get 75% OFF for 1 year! Memorial Day Sale ends 6/1 SAVE NOW) 125 http://www.latimes.com/socal/daily-pi lot/news/tn-dpt-me-newport-guesthouses-2017050... 05/24/2017 Newport considers how to loosen its 'granny flats' rules - Daily Pilot Page 2 of 4 Planning Commission Chairman Kory Kramer agreed with the city's proposed aesthetic, street setback and parking standards,but was cool to the city-proposed lot and interior square footage limits. "I'm not a huge fan of some of these items,"he said. "From a policy perspective, I'm kind of scratching my head on some of these. For example, on minimum lot size,why would we deviate from the state standard of no standard?" Murillo said limiting accessory units to lots greater than 5,000 square feet preserves neighborhood character and puts the homes in areas with better parking and privacy. "The state allows the city to establish those standards,"he said, although they are only staff recommendations that can be changed with commission direction. Accessory units provide lower-cost options for multi-generational living,live-in caretakers, college students and young families, plus provide an alternative to government-subsidized housing. They also benefit the property owner,who becomes a landlord. Brenda Wisneski, deputy community development director, said the city has no active applications for accessory units, although one property owner has shown a strong interest.That person's plans would comply with the suggested new rules, she added. The commission took no action on Thursday, except to continue the topic to a future meeting.Any new standards would have to be finalized by the City Council. Kramer said he wants to do more research. Commissioner Bill Dunlap said he was concerned because the item drew little public feedback. "That really concerns me because it has such an effect on all these different residences ... this is almost something that should have a workshop,"he said. How regulations differ Location State: Permitted on lots zoned for both single-family and multifamily residential. Must be on same lot. Ne ?�W S� 4lV jjpiily residential zones only. Prohibited in multifamily and aur lc:districts. Memorial Day Sale ends 6/1 SAVE NOW) Lot size (minimum) 120 http://www.latimes.com/socal/daily-pi lot/news/tn-dpt-me-newport-guesthouses-2017050... 05/24/2017 Newport considers how to loosen its 'granny flats' rules - Daily Pilot Page 3 of 4 State: No standard Newport Beach: 5,000 square feet or greater. Unit size (maximum) State: Attached: 50% of existing living area,with a maximum of 1,200 square feet. Detached: 1,200 square feet. Newport Beach: 750 square feet or 50% of existing floor area(excluding garage) of the main home, whichever is less. Aesthetics State: No standard Newport Beach: Height: One story, 14 feet (detached); conform to underlying zoning district if attached above garage (typically 24 feet flat roof, 29 feet sloped).Architectural style, roof pitch, color, materials similar to main home. Setbacks State: Not required for converted garage.No more than 5 feet from a side or rear lot line for apartment above a garage. Newport Beach: Per state standard and local zoning code. Parking State: Maximum of one space per unit or bedroom,whichever is greater. May be uncovered, tandem on driveway or on mechanical lift.None required if within half-mile of bus stop Newport Beach: Per state standard,with none allowed in rear alleys. Fire sprinklers State: Not required if not required for main home. Newport Beach: Per state standard. Soq� 7 �7�11r� star!emor.dends 6/1 SAVE NOW) 12 http://www.latimes.com/socal/daily-pi lot/news/tn-dpt-me-newport-guesthouses-2017050... 05/24/2017 Newport considers how to loosen its 'granny flats' rules - Daily Pilot Page 4 of 4 hillary.davis@latimes.com Twitter: @Daily_PilotHD Copyright©2017, Daily Pilot Get 75% OFF for 1 year! Memorial Day Sale ends 6/1 SAVE NOW) http://www.latimes.com/socal/daily-pilot/news/tn-dpt-me-newport-guesthouses-2017050... 05/24/2017 Accessory Dwelling Unit r inance � AL- �h w: i Planning Commission .. Public Hearing L- June 8, 2017 11W . '� Introduction Revisions to the City's regulations pertaining to Accessory Dwelling Units (ADUs) Zoning Code Amendment Local Coastal Program Amendment F In response to two bills adopted in2o3.6 revising Gov. Code Sec . 65852 . 2 (State ADU Law) SBso69 ABzz99 Community Development Department- Planning Division 2 n ADU ? What • ■ An Accessory Dwelling Unit is a secondary dwelling unit with independent living facilities . Two types : k New Construction (attached or detached) Conversions (repurposed existing space) I� Intent & Purpose of Law ■ Lack of affordable housing production in State ■ Alternative to government subsidized housing ■ Low cost option to create in -fill housing for range of people ■ Potential additional income for homeowner through rental of ADU Reduce development barriers to creation of ADUs ■ Law does not restrict HONs powers or prohibitions in CC& Rs Current City Regulations Law enacted in 1982 Encourage the creation of ADUs, but afforded local flexibility Including prohibition upon finding adverse impacts City adopted finding in 1.988 and prohibited ADUs, with the exception of "Granny Units" Current City regulations are now null and void Community Development Department- Planning Division 5 Interi State Standards ■ ADUs must be approved ministerially in all single- family and multi -family zones where only a single- family units is present . Subject to minimal development standards ■ City may adopt additional regulations pertaining to location, lot size, parking, and aesthetics, provided the regulations are not arbitrary, excessive, and burdensome and that unreasonably restrict the creation of ADU Community Development Department- Planning Division 6 New Construction Standards Location and State Standards M , Modified City Standard Location Single-family and multi-family Single-family residential lots only residential lots Lot Size No Standard 5,000 square feet Reason • Areas with concentration of sub-standard lots impacted by on-street parking • Most R-z and RM zoned properties in coastal neighborhoods with substandard lots • Unbuilt density and capacity exists, but redevelopment should occur in conformance with current parking standards to ensure neighborhood compatibility and preservation of on-street parking for existing residents and visitors to coast Community Development Department - Planning Division 7 Eligible Properties for New Construction f � Single-Family Eligible • Percent oning Areas Lots Eligible f: 111 -T 4 � �� ,.,^ _. Planned 6,299 7,480 84% 17 - Communities Conventional 6,827 11,350 60% Zoning NkOverall Total l 13,126 18,830 70% C.@ n i. Single-Family Residential Zoned Lots 5,000 sf or Greater � Eligible for Accessory Dwelling Unit New Construction Planned Communities-Single-Family Equivalent Lots ` f 6,298 allgible lots out of 7,480 total rots 849'n Conventional Zoning-R-A;R-1; R-1-6000; R-1-7200; R-1-10000;SP-7(Single-Family Lots) 6,827 eliglble lots out of 11,350 total tots 60% oil ■■■ t BUS ROUTE 47 i t BUS ROUTE 55 ' City of Newport Beach 'Transit service at 15 minute intervals )• -aw GIS R1Wsiae D April 6b,201 Z or better durlog peak commute periods D -- New Construction Standards Unit Size State Standard�rj Modified City Standard A- Unit Size Attached ADU- 50% of existing 750 sf maximum, or 50% of existing living area, with a max of 1.200 sf living area, whichever is less Detached ADU- 1.200 sf Reason • To ensure ADU remains subordinate to principal dwelling • Retain character of single-family neighborhood • zlo sf larger than previously "granny units" Community Development Department - Planning Division g New Construction Parking State Standards-.-I.J Modified City Standard A- lspace per bedroom or unit Per State Standards, except parking rear alley setback prohibited and Spaces may be provided as additional clarifications added: covered, uncovered, tandem parking on driveway, or through • "Public transit stop'- 15-minute mechanical lifts intervals or better during peak periods No parking if within: • ` Car-share"- Established program • 1/2 mile of public transit stop in a fixed location and available to • 1 block of car-share program public • Historic district • Area where on-street parking permits required by not offered to occupants of ADU Community Development Department - Planning Division 10 Map of Eligible Bus Routet ANEWPORT - + IJ 26 _ r ell � -0� F ar■4� r. 'Y - Jl.rr - ■ JX f, It - •y .� -_ -� R� '�T � � Fri Orli�.,M1 � ■+ J� _ .00 0 i ■: - r...- ��• ='fes - = yLIDO rKL■li Y � 'a ' 'YY■J rt■a.Y 151a IYI.�n_9 :. - rr■°• `Y Y�Y. tia Lb.7Y PS1Xi0 i. � 5. V 0 0 0 r BUS ROUTE 47 ■ ■ ■ r ESUS ROUTE 55 �k° 'Transit service at 15 minute intervals e. or better during peak commute periods 11 New Construction Standards Aesthetics State Standards Modified City Standard . He�aht • Detached units restricted to one story and 14 feet • Attached units or above garage subject to standard zoning Desi n • Designed similar to principal dwelling on lot with respect to architectural style, roof pitch, color, and materials Reason • Preserve character, minimize appearance of multiple units, and ensure design of ADU remains subordinate to principal dwelling Community Development Department - Planning Division 12 New Construction Standards Miscellaneous Standard State Standard§jW A- W Modified City Standard Not required for existing Per Zoning Code, except as modified garage conversion by State Sta n d a rd s No more than 5 feet from a side or rear lot line for ADU constructed above garage Passageways Not required Per State Standard (Building Code Provision) Fire Not required if not provided Per State Standard Sprinklers for principal dwelling Utilities Connection fees/charges Per State Standard must be proportionate to impact of ADU Community Development Department - Planning Division 13 Conversion No Modifications Allowed Standard State Standards I Location/Lot Size Within any existing single-family dwelling or accessory structure on a single family zoned lot Unit Size No limitation Parking No additional parking required Utilities No new fees or utility connections Access Separate exterior access Setbacks Side and rear sufficient for fire safety *Clarification Proposed • Dwelling or structure to be converted must have legally been permitted and existing for a minimum period of 3 years. • Prevents immediate conversion of an addition to ADU to avoid standards applicable to new construction Community Development Department - Planning Division 14 Efigibip Propertipcz for Convprf.-AcUr x Single-Family el, Zoning Areas Planned Communities 7,480 f1 - -'" Conventional Zoning 11,350 Overall Total 18,830 Lj 1 "• .�� u;1,�� , , k z 1 •7'` .. .. ...-. _.. ., - �• `.� ' �� novae 3r.F � *- u Single-Family Residential Zoned Lots Eligible for Accessory Dwelling Unit Conversion Planned Communities-Single-Fam[ly Single-FamilyEquivalent Lots 7,460 totallots Conventional Zoning-R-A;R-1; R-1-6000;R-1-7240,R-1-10000;SP-7(Single-Family Lots) 11,350 total lots 1 f .. 'l NEMORi 9EPCH Cry of Newport 8h 6—hGIS Divislnn 5 April 06,2017—-,� Additional Requ 'irebrnents With an ordinance, City may also : Prohibit rentals for short-term lodging Require Owner- Occupancy Require Deed Restrictions Recorded on property Notify future owners or restrictions Community Development Department - Planning Division 16 Local Coastal Program Amendments ■ Includes similar development standards in Implementation Plan of LCP Clarifies that when a CDP is required, no public hearing mi Adds new Coastal Land Use Plan Policy: 2.7-5. Administer the provisions of Government Code Section 65852.2 relative to the development of accessory dwelling units to increase the supply of lower-cost housing in the coastal zone and meet the needs of existing and future residents, while respecting the architectural character of existing neighborhoods and in a manner consistent with the LCP and any applicable policies from Chapter3 of the Coastal Act. Community Development Department - Planning Division 17 Affected Properties in Coastal Zone I I 'c tSinible Total Percent -- - I • • • • • i f LiAFFl ,.. Zoning Areas (+5,OOOSF) Planned 254 518 49% Y + I Communities Conventional 2,264 5,316 43% ' r Zoning Yt. Overall Total 2,518 5,834 43% l'• .I ,rte :_. ..,r • .r. ..,. s e ,. .... ` _. of �,y..—. .F II..E it N 1 Single-Family Residential Zoned Lots Eligible for Accessory dwelling Unit Conversion ,.1 (within Coastal Zone) CoastalZoneBotmdafy Y1 rar.ir`.anY Planned Communities-Single-Family Equivalent Lots r 51a total lots t Coastal Zoning-R-A; R-1; R-1-60001 SP-7(Single-Family Lots) 5.316 total lots 1 Community Development Department - Planning Division 18 Recommendation Adopt resolution recommending City Council approve CA201.7-003 and submit ordinance to HCD Adopt resolution recommending City Council approve LC203.7-003 and submit to the California Coastal Commission (CCC) Community Development Department- Planning Division ig i 4 For more information contact: Jaime Murillo 949-644-3209 jmuriIIo@newportbeachca.gov - www.newportbeachca.gov