HomeMy WebLinkAbout2057 - ACCESSORY DWELLING UNIT ORDINANCE RESOLUTION NO. 2057
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
Planning Commission Resolution No. 2057
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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: Kramer, Hillgren, Lawler, Weigand
NOES: Dunlap
ABSTAIN: None
ABSENT: Koetting, Zak
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BY:
Kory` r mer, rman
BY:
Qom,secret
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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(0) (Allowed Uses and Permit
Requirements) is amended, in part to the Accessory Dwelling Units" row as follows:
Accessory Dwelling Units P4UP P ""R 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:
per unit; o minimi im of 7 nn�ioroA per c.i#o
Accessory Dwelling Units ') As 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:
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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,
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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(l), 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 accessorydwelling unit.
b. No new or separate utility connection maybe 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 reguired 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:
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L 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.
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
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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_.
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, Seaier 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, Senior AGGOSSOFY (Land Use). A dwelling unit aGGGSSGFY to and ,
dwelling. The unit is intended for the SGle OGGUpanGy Of 1 er 2 adult persons who are 55 ye
of eF elder. The fleer area of the WRFtdees not eXGeyed 640 square feet.
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:
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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 er detaGhed, iR GenfermanGe with SeGtion 20.48.200, SubjeGt tG4h-e
approval of o miner use permit per PaFt 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:
8. Granny unit, attaGhed or detaGhed, iR GenfermanGe with SGGtien 20.48.200, SubjeGt tG4he,
appreyal of a miner use permit per Dart 5 of this title
U
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:
8. Granny unit, attaGhed er detaGhed, in GenfGFmaRG8 With SeGtmE)n 20.48.200, subjeGt tG4he
appreyal of o minor Use permit per PaFt 5 of this title
8. Accessory dwelling unit in conformance with Section 20.48.200.
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