HomeMy WebLinkAbout19 - Accessory Dwelling Units�EWPR CITY OF
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<,FoR�P City Council Staff Report
July 25, 2017
Agenda Item No. 19
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Jaime Murillo, Senior Planner, jmurillo@newportbeachca.gov
PHONE: 949-644-3209
TITLE: Amendments to the City's Regulations Regarding Accessory
Dwelling Units (PA2017-069)
ABSTRACT:
Amendments to the Zoning Code and Local Coastal Program revising the City's regulations
pertaining to Accessory Dwelling Units (ADU) to conform to recent State legislation that
went into effect on January 1, 2017. Specifically, the amendments would establish
regulations permitting the development of ADUs in single-family residential zoning
districts.
RECOMMENDATION:
a) Conduct a public hearing;
b) 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;
c) Introduce Ordinance No. 2017-11, An Ordinance of the City Council of the City of
Newport Beach, California, Adopting Zoning Code Amendment No. CA2017-003 to
Implement New State Law Requirements Relating to Accessory Dwelling Units
(PA2017-069), and pass to second reading on August 8, 2017; and
d) Adopt Resolution No. 2017-51, A Resolution of the City of Newport Beach, California,
Authorizing the Submittal of Local Coastal Program Amendment No. LC2017-003 to
the California Coastal Commission Implementing New State Law Requirements
Relating to Accessory Dwelling Units (PA2017-069).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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Amendments to the City's Regulations Regarding
Accessory Dwelling Units (PA2017-069)
July 25, 2017
Page 2
INTRODUCTION:
In 2016, the State Legislature amended California Government Code Section 65852.2
(State Law) related to ADUs, which took effect on January 1, 2017 (Attachment C). The
new regulations are intended 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 may benefit from added income and an increased sense of security.
Fig. 1 Attached ADU Over Garage Example
Fig. 2 Detached ADU Example
The City regulates ADUs through Section 20.48.200 of the Newport Beach Municipal
Code (NBMC) (Attachment D), 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 City Council's adoption of the proposed
ordinance regulating ADUs, 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.
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Amendments to the City's Regulations Regarding
Accessory Dwelling Units (PA2017-069)
July 25, 2017
Page 3
Background
The State law addressing ADUs was first enacted in 1982, and it 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 E) adopted such findings and prohibited the creation of second units,
which has remained in effect until the recent legislation took effect on January 1, 2017.
Planning Commission Action and Community Outreach
The Planning Commission considered the proposed amendments on May 4, 2017;
however, 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 (Attachment F —
Hearing Minutes). At the conclusion of the June 8, 2017, hearing, the Planning
Commission voted 4-1 to recommend approval of the proposed amendments to the City
Council (Attachment G — Hearing Minutes).
DISCUSSION:
Interim Standards Comparison to Proposed City Standards
Until the City adopts an ordinance compliant with State Law, the City must ministerially
approve ADUs 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 an 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 an existing
living space are summarized in Table 2. In addition, both tables include a comparison of
the proposed City modifications to each standard. These standards are explained in detail
in Attachment H.
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Amendments to the City's Regulations Regarding
Accessory Dwelling Units (PA2017-069)
July 25, 2017
Page 4
Table 1- Comparison of State Standards and Proposed City Standards
ADUs Requiring Additions or New Construction
Standard
State Standards
Proposed 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 in 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.
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.
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Amendments to the City's Regulations Regarding
Accessory Dwelling Units (PA2017-069)
July 25, 2017
Page 5
Table 2- Comparison of State Standards and Proposed City Standards
ADUs Contained Entirely within Existing Structures
Standard
State Standards
Proposed City Standards
Location
Within an existing single-family residence or
Same; cannot be modified.
accessory structure on a single-family
residential zoned lot.
Unit Size
No limitation.
Same; cannot be modified.
Parking
No additional parking required.
Same; cannot be modified.
Utilities
No new or separate utility connections or
Same; cannot be modified.
connections fees.
General Plan Consiste
State law indicates 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.
Local Coastal Plan — Coastal Commission Collaboration
Similar to the Zoning Code, the Implementation Plan of the Local Coastal Program (LCP),
currently regulates ADUs inconsistent with State law. Therefore, corresponding
amendments to the LCP are required, including the addition of a new policy, which reads
as follows:
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.
Staff notes that the Coastal Commission will need to review and approve the proposed
amendments to the LCP. Staff sent a Notice of Availability for the amendment to the
Coastal Commission staff on April 27, 2017. In response to their feedback, City staff
revised the amendment as currently proposed in Attachment B and sent the revisions to
the Coastal Commission staff on May 2, 2017, requesting their input. The City has not
received any comments as of the publication of this report.
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Amendments to the City's Regulations Regarding
Accessory Dwelling Units (PA2017-069)
July 25, 2017
Page 6
In the interim, any eligible projects located in the Coastal Zone that qualify for a Coastal
Development Permit (CDP) exemption will be processed consistent with the Zoning Code.
Projects that do not qualify for an exemption cannot be processed until the LCP
Amendment is approved and adopted.
Alternatives
The City Council may recommend revisions to the draft ordinance or resolution, 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, and do not unreasonably restrict 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), 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.
NOTICING:
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. Additionally, notice was sent to all persons and agencies on the Notice of the
Availability mailing list.
ATTACHMENTS:
Attachment A —
Draft Ordinance (Zoning Code Amendment)
Attachment B —
Draft Resolution (Local Coastal Program Amendment)
Attachment C —
Government Code Section 65852.2 (ADU Law)
Attachment D —
Former Senior ADU Regulations (NBMC Sec. 20.48.200)
Attachment E —
City Council Ordinance No. 88-39
Attachment F —
May 4, 2017, Planning Commission Minutes
Attachment G
— June 8, 2017, Planning Commission Minutes
Attachment H —
Description of Proposed Zoning Code Modifications
19-6
Attachment A
Draft Ordinance (Zoning Code Amendment)
19-7
ORDINANCE NO. 2017-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING
CODE AMENDMENT NO. CA2017-003 TO IMPLEMENT
NEW STATE LAW REQUIREMENTS RELATING TO
ACCESSORY DWELLING UNITS (PA2017-069)
WHEREAS, State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016)
requires jurisdictions to amend their local zoning ordinances to conform to California
Government Code Section 65852.2,-
WHEREAS,
5852.2;
WHEREAS, 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;
WHEREAS, accessory dwelling units provide housing for family members,
students, the elderly, in-home health care providers, and others, at or below market prices
within existing neighborhoods;
WHEREAS, homeowners who construct accessory dwelling units may benefit from
added income and an increased sense of security;
WHEREAS, allowing accessory dwelling units in single-family residential zones
provides additional rental housing stock;
WHEREAS, accessory dwelling units offer lower cost housing to meet the needs
of existing and future residents within existing neighborhoods, while respecting
architectural character,
WHEREAS, adopting an ordinance consistent with California 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;
WHEREAS, the City has designated areas where accessory dwelling units may
be located, when permitted by California 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;
.;
Ordinance No. 2017 -
Page 2 of 10
WHEREAS, 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;
WHEREAS, 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;
WHEREAS, on June 8, 2017, the Planning Commission adopted Resolution No.
2058 by a majority vote of 4-1, recommending approval of Zoning Code Amendment No.
CA2017-003 to the City Council, and
WHEREAS, a public hearing was held on July 25, 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 City
Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: NBMC Subsections 20.18.010(A) 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.
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Ordinance No. 2017 -
Page 3 of 10
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 P 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.-
Accessory
ollows:
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:
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.
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Ordinance No. 2017 -
Page 4 of 10
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.
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, 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.
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Ordinance No. 2017 -
Page 5 of 10
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:
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Ordinance No. 2017 -
Page 6 of 10
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 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 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.
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Ordinance No. 2017 -
Page 7 of 10
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,
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, 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 9: Subpart 8 in NBMC Subsection 20.90.060(D) (Accessory Uses
Permitted) is amended to read as follows:
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. Accessory dwelling unit in conformance with Section 20.48.200.
19-14
Ordinance No. 2017 -
Page 8 of 10
Section 11: Subpart 8 in NBMC Subsection 20.90.080(D) (Accessory Uses
Permitted) is amended to read as follows:
8. Accessory dwelling unit in conformance with Section 20.48.200.
Section 12: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 13: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 14: 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 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 15: An amendment to the Local Coastal Program (LCP) is also underway
to comply with State law. This Zoning Code Amendment shall not become effective for
projects located in the coastal zone for which the LCP is applicable 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 16: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 17: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
19-15
Ordinance No. 2017 -
Page 9 of 10
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 25th day of July, 2017, and adopted on the 8th day of
August, 2017, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. RP, CITY ATTORNEY
19-16
Attachment B
Draft Resolution (Local Coastal Program Amendment)
19-17
RESOLUTION NO. 2017-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
THE SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2017-003 TO THE CALIFORNIA
COASTAL COMMISSION IMPLEMENTING NEW STATE
LAW REQUIREMENTS RELATING TO ACCESSORY
DWELLING UNITS (PA2017-069)
WHEREAS, State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016)
requires jurisdictions to amend their local zoning ordinances to conform to California
Government Code Section 65852.2,
WHEREAS, 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;
WHEREAS, accessory dwelling units provide housing for family members,
students, the elderly, in-home health care providers, and others, at below market prices
within existing neighborhoods;
WHEREAS, homeowners who construct accessory dwelling units may benefit from
added income and an increased sense of security,-
WHEREAS,
ecurity;
WHEREAS, allowing accessory dwelling units in single-family residential zones
provides additional rental housing stock;
WHEREAS, accessory dwelling units offer lower cost housing to meet the needs
of existing and future residents within existing neighborhoods, while respecting
architectural character;
WHEREAS, adopting an ordinance consistent with California 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;
WHEREAS, the City has designated areas where accessory dwelling units may
be located, when permitted by California 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;
19-18
Resolution No. 2017 -
Page 2 of 9
WHEREAS, 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) and Section 13515 of the California Code of Regulations. 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;
WHEREAS, 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) and Section 13515 of the California Code of Regulations. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing;
WHEREAS, on June 8, 2017, the Planning Commission adopted Resolution No.
2057 by a majority vote of 4-1, recommending approval of Local Coastal Program
Amendment No. LC2017-003 to the City Council;
WHEREAS, a public hearing was held on July 25, 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) and Section 13515 of the California Code of Regulations. Evidence, both written
and oral, was presented to, and considered by, the City Council at this public hearing;
and
WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5, of the California
Code of Regulations, review drafts of LCP Amendment No. LC2017-003 were made
available and a notice of the availability was distributed a minimum of six weeks prior the
City Council public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby authorize City staff to submit LCP
Amendment No. LC2017-003 to the California Coastal Commission for review and
approval, as attached in Exhibit A, and incorporated herein by reference.
Section 2: LCP Amendment No. LC2017-003 shall not become effective until
approval by the California Coastal Commission and adoption, including any modifications
suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the
City Council of the City of Newport Beach.
Section 3: The LCP including the proposed amendment will be carried out fully in
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Resolution No. 2017 -
Page 3 of 9
conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6: 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 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 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 25th day of July, 2017.
KEVIN MULDOON
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY A NEY'S OFFICE
Aaron C. Harp
City Attorney
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Resolution No. 2017 -
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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 anv 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
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:
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Resolution No. 2017 -
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16. Accessory Dwellina Units. Accessory dwellina units may be established within reauired
setback areas in compliance with the requirements of Section 21.48.200 (Accessory Dwelling
Units).
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 mi+• a minimi im of ') nn�ioror! per ci4c
Accessory Dwelling Units i
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 findina that the followina 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 dwellin
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 nonconformitV.
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
reauirements aoalicable to the zonina district in which thev are located. except in cases
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Resolution No. 2017 -
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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 alona 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 dwellina unit conforms with the followina:
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
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Resolution No. 2017 -
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minimum of three years prior to the issuance of a permit to convert the s
into an accessory dwelling unit.
b. No new or separate utility connection may be required between the accessory
dwellina unit and the utilitv 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 reauired 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 durina weak commute aeriods.
iii. Accessory dwelling unit is located within an architecturally and
historically significant 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.
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Resolution No. 2017 -
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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 reauirements for all accessory dwellina 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 dwellina 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 Iona as the accessory dwellina unit exists on the orooerty.
F. Coastal Develoament Permits
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
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Resolution No. 2017 -
Page 9 of 9
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, Sexier 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 dwellina unit also includes the followina:
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:
8. Accessory dwellina unit in conformance with Section 21.48.200.
19-26
Attachment C
Government Code Section 65852.2 (ADU State Law)
19-27
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.
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(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.
(111) 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.
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(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.
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(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.
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(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.)
19-32
Attachment D
Former Senior ADU Regulations (NBMC Sec. 20.48.200)
19-33
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.
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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)
19-35
Attachment E
City Council Ordinance No. 88-39
19-36
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)
WHEREAS, Section 65852.2 of the California Government Code provides
criteria for local agencies to establish regulations pertaining to the
creation of second family units on single or multi -family building sites or
to prohibit such uses; and
WHEREAS, the City has recently completed major revisions to the Land
Use and Circulation Elements of the General Plan; and
WHEREAS, as a part of these revisions the City reviewed all of it's
existing commercial intensity standards and permitted residential densities
and it was determined that the previous allowable development would adverse-
ly impact the City's existing circulation system; and
WHEREAS, in order to determine the levels of development that could be
accommodated in the City, a computerized Traffic Model was developed to
analyze the impacts of different levels of commercial, residential, and
industrial growth on the City's circulation system; and
WHEREAS, after over eighteen months of public input, extensive analysis
by Staff and Consultants, and many public hearings before the Planning
Commission and City Council, the Land Use Element of the General Plan now
establishes specific levels of development, both commercial and residential,
that are correlated with the Circulation Element; and
WHEREAS, the increase in the number of dwelling units that could be
created pursuant to Section 65852.2 of the Government Code would adversely
impact the balance and correlation between the Land Use and Circulation
Elements of the General Plan; and
WHEREAS, Section 65852.2 (c) sets forth the findings necessary for
local agencies to prohibit second family units; and
WHEREAS, the areas devoted to single family residential uses within the
City of Newport Beach have developed so as to provide the residents a high
quality of life and the peaceful enjoyment of their neighborhoods; and
WHEREAS, the City of Newport Beach has historically provided a balance
between the amount of land devoted to single and multi -family areas; and
WHEREAS, there are many areas of the City designated for Two -Family and
Multi -Family Residential uses that are developed with less than the per-
mitted number of dwelling units on individual building sites; and
WHEREAS, these underdeveloped Two -Family and Multi -Family Residential
areas have been designed and built to provide adequate infrastructure for
additional dwelling units; and
WHEREAS, it is likely that any additional dwelling units created within
these underdeveloped Two -Family and Multi -Family Residential areas would
provide housing opportunities for all economic segments of the City; and
• WHEREAS, it is the intention of the City to adopt an ordinance permitt-
ing "Granny Units;" and
WHEREAS, the creation of additional dwelling units in the Two -Family
and Multi -Family Residential areas within the growth limits established in
the General Plan Land Use Element will satisfy the legislative intent of
1
19-37
Section 65852.2 by increasing the number of housing opportunities within the
region; and
WHEREAS, prohibiting second family units within Single and Multi -Family
Residential areas may limit housing opportunities of the region, any
additional demand can be provided within the existing underdeveloped Two -
Family and Multi -Family Residential areas; and
WHEREAS, the creation of second family dwelling units in Single Family
Detached areas will adversely impact the peace and quiet associated with
these neighborhoods in the City; and
- WHEREAS, the City Council of the City of Newport Beach has found and
determined that second family units as defined herein and in Section 65852.2
of the Government Code will adversely impact the public health, safety, and
welfare of residents in the City. NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The Newport Beach Municipal Code is hereby amended to
include Chapter 20.79, Second Family Units. This Chapter shall apply to all
property within the City.
SECTION 2. The Planning Director of the City of Newport Beach is
hereby instructed and directed to enforce the provisions of this Chapter.
SECTION 3. The Mayor shall sign and the City Clerk shall attest to
the passage of this Ordinance. This ordinance shall be published once in the
official newspaper of the City within fifteen (15) days of its adoption.
This ordinance shall be effective thirty days after the date of its adop-
tion.
SECOND FAMILY UNITS
40 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.
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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
AT EST:
Awn City Clerk
low
CG:WP:ORa2079:October 4, 1988
�1
to
ABSENT COUNCIL MEMBERS NONE
3
19-39
Attachment F
May 4, 2017, Planning Commission Minutes
19-40
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE
THURSDAY, MAY 4, 2017
REGULAR MEETING — 6:30 P.M.
CALL TO ORDER — The meeting was called to order at 6:31 p.m.
II. PLEDGE OF ALLEGIANCE — Chair Kramer
III. ROLL CALL
PRESENT: Chair Kory Kramer, Vice Chair Peter Koetting, Secretary Peter Zak (Arrived at 6:32 p.m.),
Commissioner Bill Dunlap, Commissioner Bradley Hillgren, Commissioner Erik Weigand
ABSENT: Commissioner Raymond Lawler
Staff Present: Deputy Director Brenda Wisneski; Deputy City Attorney Andrew Maiorano; Planning Manager
Patrick Alford; Principal Planner Jim Campbell; Senior Planner Jaime Murillo; Administrative Support Specialist
Jennifer Biddle
IV. PUBLIC COMMENTS
None.
V. REQUEST FOR CONTINUANCES
None,
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF APRIL 20, 2017
Recommended Action: Approve and file
Motion made by Vice Chair Koetting and seconded by Commissioner Dunlap to approve the minutes of April 20,
2017.
AYES: Koetting, Dunlap, Weigand
NOES: None
ABSTAIN: Kramer, Hillgren
ABSENT: Zak, Lawler
VII. PUBLIC HEARING ITEMS
ITEM NO.2 ACCESSORY DWELLING UNIT ORDINANCE (PA2017-069)
Site Location: Citywide
Senior Planner Jaime Murillo reported the proposed ordinances would amend the City's Zoning Code for properties
citywide and the City's Local Coastal Program (LCP) for properties within the coastal zone. The revisions respond
to two bills that change the State's Accessory Dwelling Unit (ADU) law. An accessory dwelling unit is a complete
secondary unit with independent living facilities for one or more persons. The two types of ADUs are new
construction, either attached or detached, and conversion of existing floor area within the principal dwelling. The
State law does not restrict homeowner association (HOA) powers or limit the prohibition of ADUs through
Covenants, Conditions, and Restrictions (CC&Rs). State law revisions only apply to local agencies in the state.
The City currently prohibits ADUs, which was allowed under previous versions of the State law. The City has
allowed granny units or senior ADUs through a minor use permit process and has limited occupancy to persons
55 years of age or older. The new State law essentially eliminates cities' ability to prohibit second units. Any
existing ordinance not consistent with State law is considered null and void. The State has established some very
basic and minimal development standards for ADUs. ADUs must be approved ministerially, meaning without a
public hearing, in all single -unit and multi -unit residential zones where only a single-family home is present.
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Through the adoption of a new ordinance consistent with State law, the City can apply additional regulations
pertaining to location, lot size, parking, and aesthetics provided that the regulations are not arbitrary, excessive,
burdensome, and do not unreasonably restrict the creation of ADUs. State standards allow new construction
ADUs in any single-family or multifamily residentially zoned lot. There is no minimum lot size standard. Staff
proposes modifying State standards to allow ADUs in only single-family residentially zoned lots that provide a
minimum of 5,000 square feet, which is the City's minimum conforming lot size. Staff proposes a minimum lot size
because many areas in the City have a high concentration of substandard lot sizes and are already impacted by
on -street parking. Zoning areas that currently allow R-2 and multifamily development, with the exception of large
apartment complexes, are also in impacted neighborhoods with substandard lots. Staff believes redevelopment
in those areas should occur in conformance with current parking regulations to ensure neighborhood compatibility
and preservation of on -street parking for existing residents and visitors. State standards limit the maximum size
of detached ADUs to 1,200 square feet. Attached ADUs are limited to 50 percent of the existing living area and
up to a maximum of 1,200 square feet. Staff proposes to modify that standard to 750 square feet maximum or 50
percent of the existing area, whichever is less. In this manner, ADUs would remain subordinate to the principal
dwelling and retain the character of single-family neighborhoods. The City's past Granny Unit Ordinance allowed
a maximum size of 650 square feet. The City cannot require more than one parking space per bedroom or unit.
The spaces can be provided through covered parking, uncovered parking, tandem parking on a driveway or the
use of mechanical lifts. No parking shall be required for ADUs located within a half mile of a public transit stop,
one block of a car -share program, a historic district, or an area where on -street parking permits are required and
not offered to occupants of the ADU. Proposed regulations would adopt State parking standards except they
would continue to prohibit parking in rear alley setbacks and define a public transit stop as a route that provides
intervals of 15 minutes or better during peak periods. Car share programs would be defined as an established
program in a fixed location and available to the public, such as Zipcar, but not car -share app programs. State
standards make no provisions for aesthetics. To preserve the single-family character of neighborhoods, to
minimize the appearance of multiple lots on the property, and to ensure ADUs remain subordinate, staff proposes
height standards. Detached units would be one story and no more than 14 feet in height. Attached ADUs or ADUs
located above a garage would be subject to the City's standard zoning requirements, which is usually 24 feet for
single-family homes. With respect to design, staff proposes ADUs be designed similar to the principal dwelling on
the lot with respect to architectural style, roof pitch, color, and materials to ensure the design is compatible with
the existing home and doesn't appear as a separate unit. State standards require no setbacks for existing garage
conversions and a setback of no more than 5 feet from a side or rear lot line for an ADU constructed above a
garage. The City standard would require compliance with standard zoning requirements except as modified by
State standards. Senior Planner Murillo reviewed the State standards that cannot be modified. To prevent
someone from purposely building a 2,000 -square -foot accessory structure and then immediately converting it to
an ADU to skirt the unit size and parking requirements, staff proposes a provision stating a dwelling or structure to
be converted must have legally been permitted and existing for a minimum period of three years. The City can
prohibit the use of ADUs for short-term lodging; can require owner occupancy of either the principal or accessory
unit; and require deed restrictions be recorded on a property to notify future owners of restrictions. If a Coastal
Development Permit is required, no public hearing can be required. Coastal Commission staff has suggested the
City add a Coastal Land Use Plan policy to provide a framework for Implementation Plan regulations.
In response to Commissioner Dunlap's questions, Senior Planner Murillo advised that staff has reviewed the
actions and proposed actions of many cities. Two cities in Orange County have adopted an ordinance. Staff
proposed a minimum lot size of 5,000 square feet because 5,450 square feet is the minimum lot size for granny
units and 5,000 square feet for most single-family zoned lots. Commissioner Dunlap commented that current
Municipal Code requires a new home of 5,000 square feet or more to have fire sprinklers. He questioned if
someone could build a single-family home of less than 5,000 square feet and add 750 square feet as an ADU
without installing fire sprinklers. Senior Planner Murillo responded that under State law, the City cannot require
fire sprinklers for the ADU if sprinklers are not required for the principal unit. At a recent webinar regarding the
new State law, many cities expressed concerns about this provision.
In reply to Vice Chair Koetting's questions, Senior Planner Murillo indicated the State law does not mention HOAs
or Covenants, Conditions, and Restrictions (CC&Rs). The new law only affects local agencies and their
ordinances. An HOA's denial of a proposed ADU is consistent with the State law as written. The new State law
does not override existing CC&Rs; in fact, it does not mention CC&Rs at all. Staff received correspondence from
a local HOA objecting to adoption of the ordinances. The City's proposed ordinance would not affect an HOAs
existing power and ability to regulate ADUs through CC&Rs. Under current State standards, people can apply for
a permit to build an ADU without Planning Commission review. Under State standards, staff would ministerially
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approve a permit for an ADU consistent with basic development standards on any size lot and up to 1,200 square
feet for new construction. A property owner who converts a garage to an ADU would have to replace the parking
if it was required parking. State law allows replacement parking to be uncovered, tandem, or on a driveway.
In response to Commissioner Hillgren's inquiries, Senior Planner Murillo stated parking is not required for an ADU
if the conditions listed in Item 9C of staffs memorandum exist. If the existing dwelling unit is required to have two
spaces, then the existing unit and an ADU would still be required to have two spaces total if it is located within a
half mile of a transit stop. An ADU combined with the principal residence would have to comply with the overall
Floor Area Ratios (FAR) and lot coverage requirements for the property as a whole. The State law includes a
CEQA exemption for cities to adopt an ordinance in compliance with the State law and states ADUs are not to be
considered an increase in density for the purposes of the General Plan or any other city implementation document.
Deputy Director Wisneski clarified that State law allows the City to preclude short-term lodging. The Municipal
Code defines short-term lodging as 30 days or less. Senior Planner Murillo explained that anyone could apply for
a variance for any deviation from the Code; however, making the findings to support a variance would be difficult
in the case of an ADU. Deputy Director Wisneski advised that protection of private views is a subjective matter
that staff probably would not want to consider at an administrative level. The Code allows consideration of the fact
that any development occurring is consistent with development standards of a single-family home. Where the
ADU structure would be established is where the principal home could be established. This is not increasing the
possibility of infringing upon privacy.
In reply to Commissioner Dunlap's questions, Senior Planner Murillo reported the nonconforming chapter of the
Code allows a lot of flexibility for the development of nonconforming structures; however, the Code limits alterations
to nonconforming accessory structures. An existing garage that encroaches into the current setbacks could not
be converted to an ADU. The Code would not allow the garage to be converted to an ADU unless it was relocated
outside the setback. Deputy City Attorney Maiorano reiterated that the State law is silent on CC&Rs. The State
might choose to legislate the issue of CC&Rs later. An HOA taking action on its CC&Rs would not violate the
terms of the State law because there is no mention of them in State law.
Chair Kramer opened the public hearing.
Jim Mosher remarked regarding the six-week period prior to final action, grammatical errors, and confusing
language. Library staff was not aware that they had draft copies of amendments. The CEQA determination on
page 2 of 9 is more elaborate than it needs to be. The Coastal Land Use Plan should include a definition of ADU.
The Local Coastal Plan does not contain a Table 3-10 or a Section 21.41.40.
Senior Planner Murillo could clarify citations to the California Code of Regulations. He personally handed copies
of the amendments to the Central Library for distribution. The City does not intend to take any final action prior to
six weeks from the date it released the Notice of Availability. The tentative City Council date is the first meeting in
June, which would be six weeks from the date the notice was released. The City will submit formal amendments
to the Coastal Commission after it takes final action. The CEQA exemption provides a clear rationale for the
exemption. Staff will correct grammatical errors in the final versions presented to the City Council.
Chair Kramer closed the public hearing.
Chair Kramer questioned whether the proposed minimum lot size and unit size regulations are discriminatory.
Staffs proposal for aesthetics is good because having no standard is not helpful. Setbacks have to conform with
the Zoning Code. The prohibition against parking in rear alley setbacks makes sense. In response to Chair
Kramer's questions, Senior Planner Murillo indicated the City has the ability to implement the State standards of
no minimum lot size and a maximum unit size up to 1,200 square feet. Staff proposed modifications in an effort to
preserve the character of single-family neighborhoods and to address the issue of parking in neighborhoods
consisting of substandard lots. The 5,000 square foot minimum lot size would preclude new construction in all of
Newport Shores, a majority of homes in Bayshores, and many homes on the Peninsula. The policy would
encourage development of ADUs on larger lots that can more easily accommodate them. The State law allows
the City to establish a minimum lot size differentfrom the one contained in the State law. Staff proposed a minimum
lot size of 5,000 square feet, but the Planning Commission can change that. Staff proposed 5,000 square feet
because they found that most zoning districts comply with the standard minimum lot size of 5,000 square feet.
The exceptions were zoning districts located in the older parts of town, such as the Peninsula and Corona del Mar,
where many lots are about 2,500 square feet.
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In reply to Vice Chair Koetting's inquiry, Senior Planner Murillo explained the graph found on page 59. Yellow lots
are conventional zoning for single-family. Purple lots are the single-family equivalent within planned community
neighborhoods. Approximately 60 percent of single-family lots with conventional zoning would comply with the
5,000 square foot lot standard, and 85 percent of lots in planned communities would comply with that standard.
In response to Chair Kramer's question, Senior Planner Murillo stated the difference between maps on pages 55
and 59 is Newport Shores, Eastbluff, Bayshores, and some lots on Lido Isle and the Peninsula. Page 55 has a
map of properties eligible for conversion. If the minimum lot size requirement is removed, then all those properties
would be eligible for construction of new ADUs.
In reply to Vice Chair Koetting's question regarding current requests, Senior Planner Murillo reported staff talked
with four individuals about ADUs. One property owner is working on plans for an ADU, and her property would
comply with the proposed regulations.
In response to Commissioner Hillgren's inquiry regarding urgency, Deputy Director Wisneski indicated there is no
urgency for the Planning Commission to act. The City has been complying with the State law since January 1.
Staff has not received any applications for ADUs and the one potential application is in compliance with the
proposed regulations. Staff can return to the Planning Commission with any additional information it requests.
Commissioner Hillgren noted the City's previous policy against ADUs. The City is attempting to impose reasonable
restrictions that follow the State's intentions and also preserve the City's intentions. In reply to Commissioner
Hillgren's questions, Senior Planner Murillo advised that staff sent public hearing notices to all HOAs on file with
the City at least ten days prior to the hearing.
Motion made by Chair Kramer and seconded by Commissioner Dunlap to continue the item.
AYES:
Kramer, Koetting, Zak, Dunlap, Hillgren, Weigand
NOES:
None
ABSTAIN:
None
ABSENT:
Lawler
Commissioner Dunlap expressed concern about the few public comments given the potential effects on many
residences. He questioned whether staff could make a broader public announcement. There should have been
a workshop on the topic.
ITEM NO. 3 LOCAL COASTAL PROGRAM AMENDMENTS (PA2017-047, PA2017-046 & PA2013-057)
Site Location: Citywide
Deputy Director Wisneski reported the amendment for the Oceanfront Encroachment Program was presented to
the Planning Commission in midcycle of the Implementation Plan (IP). The Balboa Village program was part of
the IP originally approved by the City, but the Coastal Commission removed it from the approved program. The
Planning Commission took action on the Oceanfront Encroachment Program in 2015. The City Council amended
the regulations in June 2016. The amendment concerns an area of the Peninsula from G Street down to Channel
Road where properties have encroached beyond their property lines. Property owners have received violations
from the Coastal Commission because of encroachments into the public right-of-way. Staff proposes to create an
encroachment program similar to that in West Newport. The public right-of-way allows the City to implement a 15 -
foot encroachment program so that property owners can purchase annual encroachment permits for minimal
improvements. Because the area is only 15 feet, public access would be maintained. The proposed amendment
would include Zoning Code regulations in the Implementation Plan.
In response to Chair Kramer's questions, Deputy Director Wisneski advised that the fee would depend on how far
the property owner encroached and the market rate of the property. Staff conducted a market analysis in 2016,
which would be reevaluated when the program is adopted. The permit cost would be the amount of square footage
of the encroachment multiplied by a fixed number.
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Attachment G
June 8, 2017, Planning Commission Minutes
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NEWPORT BEACH PLANNING COMMISSION MINUTES
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Motion made by Commissioner Lawler and seconded by Commissioner Weigand to adopt Resolution No. 2056
approving an amendment to Conditional Use Permit No. UP2016-039 and to find this project categorically
exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.
AYES:
Kramer, Dunlap, Hillgren, Lawler, Weigand
NOES:
None
ABSTAIN:
None
ABSENT:
Koetting, Zak
ITEM NO. 3
ACCESSORY DWELLING UNIT ORDINANCE (PA2017-069)
Site Location: Citywide
Senior Planner Murillo reported this item was continued from the May 4 meeting because of technical difficulties
and to conduct additional outreach requested by the Planning Commission. Staff prepared and distributed a
revised public hearing notice and a companion fact sheet to the community associations. Staff prepared an
accessory dwelling unit (ADU) webpage that answered questions and provided additional details. Staff presented
a summary of the amendments to the Corona del Mar Realtors Association. The Daily Pilot published an article
summarizing the State standards and proposed amendments. Staff received only one correspondence from the
Newport Hills Community Association opposing the amendments and some telephone calls from association
property managers who asked questions but did not oppose the amendments. The State recently revised a portion
of State law relating to accessory dwelling units. An accessory dwelling unit is a secondary dwelling unit with
complete, independent living facilities. There are two types of accessory dwelling units and they are regulated
slightly differently under State law and the proposed amendments. The first type is created through new
construction and can be either an addition attached to the principal dwelling or a standalone, detached structure.
The second type is created through converting or repurposing existing space within an existing home into an
accessory dwelling unit. The law is intended to increase the supply of housing in the state and is an alternative to
government -subsidized housing programs. The law does not address associations or preempt existing or
proposed Covenants, Conditions & Restrictions (CC&Rs); it only affects local agencies. The law does not allow
cities to prohibit second units and existing regulations are considered null and void. Until cities adopt compliant
ordinances, they must utilize the interim State standards. Under the State standards, cities must approve all ADUs
ministerially and must approve ADUs in all single-family and multifamily zones where only a single-family home is
present. The City's ability to regulate ADUs is subject to minimal development standards. With adoption of an
ordinance, the City can apply additional regulations pertaining to location, lot size, parking, and aesthetics provided
that the regulations are not arbitrary, excessive, burdensome, or unreasonably restrict the creation of ADUs. Staff
proposes to allow ADUs in single-family residential zoned lots only and only in lots containing a minimum of 5,000
square feet. The older parts of the City have a high concentration of lots that are substandard, meaning the lots
contain less than 5,000 square feet and have less privacy, less setbacks, and little on -street parking. The older
parts of the City also have a higher concentration of properties zoned for multifamily and two-family development;
therefore, the possibility of increased development already exists. Staff believes new development should occur
in these areas consistent with development standards and parking requirements. Of the 18,830 lots zoned for
single-family development, approximately 70 percent can be developed with an ADU. Staff proposes a maximum
ADU size of 750 square feet or 50 percent of the existing area, whichever is less, to ensure that the ADU remains
subordinate to the principal dwelling, does not function as a duplex, and retains the original character of single-
family neighborhoods. The City has to adopt essentially the State standards regarding parking; however, the City
can clarify them. Staff proposes to define a public transit stop as a stop along a route with an interval of 15 minutes
or less during peak periods and to define a car share program as an established program in a fixed location that
is available to the public. This will prevent car share apps from being considered as a public transit stop. Staff
proposes parking not be allowed in rear alley setbacks consistent with policies throughout the City. Senior Planner
Murillo shared a map of bus routes where ADUs would be eligible for a parking waiver. Staff proposes detached
ADUs be restricted to one story and no higher than 14 feet. Attached units would be subject to standard zoning
height requirements, which is typically 24 feet in single-family zones. Staff proposes requiring that ADUs be
designed similar to the principal dwelling on the lot with respect to architectural style, roof pitch, color, and
materials. Staff proposes adoption of State standards regarding setbacks for conversion of garages to ADUs and
for construction of an ADU above a garage. All other setbacks should comply with the City's standard setback
requirements. Staff proposes adoption of the standard not to require a passageway to the unit. The State law
states that fire sprinklers shall not be required if not provided for the principal dwelling. With respect to conversion
of existing space to an ADU, the City cannot restrict development of these ADUs and shall permit them in any
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single-family dwelling or accessory structure on a property that is zoned for single-family purposes. Because of
the potential for homeowners to abuse this standard, staff proposes to define an existing structure as any dwelling
or structure that was legally permitted and in existence for a period of three years. There is no limit on the size of
these ADUs. The City cannot require any additional parking and cannot require any new fees or utility connections.
ADUs need to comply with the Building Code and must have exterior access. With adoption of an ordinance, the
City can prohibit rentals for short-term lodging, which is a period of 30 days or less. The City can require that the
ADU or the principal dwelling be occupied by the owner of the property. The State law allows the City to require
a deed restriction be recorded on the property to notify future owners of the restrictions. In addition to the Zoning
Code amendment, the City needs to amend the Local Coastal Program to include similar language in the
Implementation Plan of the Local Coastal Program. The Local Coastal Program amendment includes a provision
that a Coastal Development Permit is required for the creation of an ADU and that no public hearing is required
per State standards. The California Coastal Commission requested that staff add a coastal land use plan policy
within the document to help guide and serve as a purpose for the Local Coastal Program amendment. A total of
5,834 lots located within the coastal zone would be affected by the amendments, and approximately 43 percent of
those lots contain 5,000 square feet or more. Staff recommends that the Planning Commission recommend the
amendments to the City Council, approve the Code amendments and direct staff to submit the Local Coastal
Program amendments to the California Coastal Commission.
In response to Commissioner Dunlap's questions, Chief Building Official Seimone Jurjis explained that the State
wants to make construction of accessory dwelling units easy. If the original dwelling does not have fire sprinklers,
then a detached accessory unit which is typically new construction does not require fire sprinklers. Whether an
ADU is attached or detached and the existing home does not have fire sprinklers, the ADU does not require fire
sprinklers. The addition of an ADU could increase the total square footage to more than 5,000 square feet but the
ADU is still exempt from fire sprinklers if the original dwelling does not have them. Commissioner Dunlap
expressed concern that the provision will allow additional construction that obviates the City's Fire Code.
Chair Kramer advised that a report of ex parte communications was not needed.
Chair Kramer opened the public hearing.
Jim Mosher inquired about the rationale for the minimum lot size requirement of 5,450 square feet for a granny
unit and 5,000 square feet for an ADU. He suggested clarifications be made to language in the first section,
Section 2(a) and (b), and Section 6 of the proposed ordinance.
Senior Planner Murillo explained that the minimum lot size of 5,450 square feet is from the granny unit ordinance,
and 5,000 square feet is the minimum lot size for a new, conforming lot in an R-1 district. The requirement for a
setback of no more than five feet was taken from state standards, and staff intended for it to read that way. The
provision indicates an applicant needs to comply with basic setback standards from the Code; however, in no case
shall the City require more than five feet. The provision does not need to be redrafted. With respect to a separate
utility connection, the City cannot require one but the homeowner can voluntarily provide one.
Chair Kramer closed the public hearing.
Motion made by Commissioner Lawler and seconded by Chair Kramer to adopt Resolution No. 2057
recommending the City Council approve Zoning Code Amendment No. CA2017-003 modifying regulations
pertaining to accessory dwelling units; adopt Resolution No. 2058 recommending the City Council authorize
staff to submit Local Coastal Program Amendment No. LC2017-003 to the California Coastal Commission; and
to find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15282(h) of the CEQA Guidelines
AYES:
Kramer, Hillgren, Lawler, Weigand
NOES:
Dunlap
ABSTAIN:
None
ABSENT:
Koetting, Zak
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Attachment H
Description of Proposed Zoning Code Modifcations
Description of Proposed Zoning Code Modifications
State 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 ADU. As such, staff has
included the following additional regulations and clarifications to the draft ordinance. A
complete redline version of the proposed revisions to the Zoning Code is included as
Attachment 1.
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 in two-family and multi -family zoning districts.
Attachment 2 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 create an ADU through either an addition or new
construction. If a property does not meet the minimum lot size, an ADU will not be
permitted.
Attachment 3 provides an overview of 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 within an existing unit.
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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
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 within
an existing unit.
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:
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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 3 for a map of eligible bus routes.
o ADU is located within an architecturally and historically significant district.
Currently, no such district exists in the 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
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 homeowners 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.
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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.
19-52
ATTACHMENT 1
Redline changes of Zoning Code revisions
19-53
Redline Changes of 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 Dwellina 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:
Accessory Dwelling Units
19-54
Section 6: NBMC Section 20.48.200 (Senior Accessory Dwelling Units) is amended
in its entirety to read as follows:
20.48.200 Accessory Dwellina 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 orderlv 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 followina conditions have been met:
1. The dwelling conforms to the development standards and requirements
for accessory dwellina 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 acce
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) sauare feet
excluding submerged land area, shall be required in order to establish an
accessory dwellina unit.
2. Setback requirements. Accessory dwelling units shall comply with the setback
reauirements apDlicable to the zonina district in which thev are located. exceat
19-55
in cases where the minimum reauired aaraae setbacks differ from principal
building setbacks, in which case the following applies:
a. No additional setback shall be reauired for an existina aaraae that is
converted to an accessory dwelling unit, provided that the side and rear
setbacks comDly with reauired Buildina Codes.
b. A setback of no more than five feet from the side and rear lot lines shall
be reauired for an accessory dwellina 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 aaraae, in which case the structure shall comply with the heiaht limits of the
underlying zoning district.
4. Unit size. The maximum size of an accessory dwellina 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
resaect to architectural stvle, roof Ditch, 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 dwellina unit.
b. No new or separate utility connection may be required between the
accessory dwellina unit and the utilitv 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,
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"aassaaewav" means a oathwav that is unobstructed clear to the skv and
extends from the street to one entrance of the accessory dwelling unit.
9. Parkina. Parkina shall comaly with reauirements of Chapter 20.40 (Off -Street
Parking), except as modified below:
1.
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 abuttina an allev.
c. No aarkina shall be reauired 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 sianificant district.
iv. When on -street parking permits are required but not offered to
the occupant of the accessory dwellina 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 stav in a fixed location for at least 10 vears and
available to the aublic.
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
19-57
unit. includina but not limited to, as covered spaces, uncovered spaces
or tandem spaces, or by the use of mechanical automobile parking lifts.
D. Additional reauirements for all accessory dwellina units.
1. Sale of units. The accessory dwelling unit shall not be sold separately from the
principal dwelling_
2. Short-term lodaina. The accessory dwellina unit shall not be rented for periods
of less than 30 days.
3. Number of units allowed. Only one accessory dwellina 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 occuaied by at least one person havina 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 Iona 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, Sen+er 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
�1A111f1:�:■■1:fE��r1'1i��11�1:1:■■1�1�MOM
lk 10
19-58
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 anv successor statute.
2. A manufactured home, as defined in Section 18007 of the Health and Safetv 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:
. Ms.7.T.I�M
•- -- .. ..
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. 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:
• ..• ..
Man
8. Accessory dwelling unit in conformance with Section 20.48.200.
19-59
ATTACHMENT 2
Map of eligible single-family residential zoning districts
19-60
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Planned Communities - Single -Family Equivalent Lots
7,480 total lots
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11,350 total lots
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NEWPORT BEACH 0 O.s , City of Newport Beach
.�-•/'� e Miles GIS Division
April 06, 2017
19-61
ATTACHMENT 3
Map of eligible single-family residential zoned lots with
conforming lots sizes and bus routes
19-62
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Eligible for Accessory Dwelling Unit New Construction
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Planned Communities - Single -Family Equivalent Lots
6,299 eligible lots out of 7,480 total lots 84%
Conventional Zoning - R -A; R-1; R-1-6000; R-1-7200; R-1-10000; SP-7(Single-Family Lots)
6,827 eligible lots out of 11,350 total lots 60%
-1 ■ ■ 1 BUS ROUTE 47
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*Transit service at 15 minute intervals
or better during peak commute periods
NEWPORT
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NEWPORT BEACH o D.s , City of Newport Beach
Miles GIS Division
April 06, 2017
19-63