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HomeMy WebLinkAbout10 - Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248)Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report March 10, 2020 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David Blumenthal, AICP, Planning Consultant dblumenthal@newportbeachca.gov PHONE: 949-644-3204 TITLE: Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) ABSTRACT: Due to a change in State law regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), the City's ADU ordinance has been rendered invalid. The proposed ordinance amends the Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) providing new local regulations regarding the construction of ADUs and JADUs. The changes include, but are not limited to the zoning districts that allow ADUs and JADUs, maximum allowable size, height limitation, and parking. For City Council's consideration is an ordinance that meets the requirements of State law for ADUs. RECOMMENDATION: a) Conduct a public hearing; b) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080.17 and Section 15282(h) of the CEQA Guidelines, which exempts adoption of an ordinance regarding second units to implement provisions of Sections 65852.2 and 65852.22 of the Government Code. Additionally, the ordinance is categorically exempt pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15305 (Minor Alterations in Land Use/Limitations); c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020-9, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2019-009 to Repeal and Replace Section 20.48.200 (Accessory Dwelling Units) of Title 20 (Planning and Zoning) and Amend Related Provisions of the Newport Beach Municipal Code Applicable to Accessory Dwelling Units and Junior Accessory Dwelling Units Pursuant to State Law (PA2019- 248) (Attachment A), and pass to second reading on March 24, 2020; and 10-1 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 2 d) Adopt Resolution No. 2020-24, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2019-008 to the California Coastal Commission to Repeal and Replace Section 21.48.200 (Accessory Dwelling Units) of Title 21 (Local Coastal Program Implementation Plan) and Amend Related Provisions of the Newport Beach Municipal Code Applicable to Accessory Dwelling Units and Junior Accessory Dwelling Units Pursuant to State Law (PA2019-248) (Attachment B). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. INTRODUCTION: In 2019, the California Legislature adopted a group of housing bills aimed at addressing the housing crisis. The legislature approved, and the Governor signed, SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on the City's ability to regulate ADUs and JADUs (Attachment C). In adopting these new regulations, the State Legislature determined that housing is a matter of statewide concern, rather than a municipal affair. This determination allows the State to mandate charter cities to implement the new ADU laws. The State Legislature intends to reduce regulatory barriers and costs, streamline the approval process, and expand the potential capacity for ADUs. As of January 1, 2020, the City's ordinance regulating ADUs is null and void, thereby limiting the City to the application of the few default standards provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs, unless and until a compliant ordinance is adopted. Initiation of Code Amendment Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a code amendment may be initiated by the City Council with or without a recommendation from the Planning Commission. City Council Policy K-1 (General Plan and Local Coastal Program) provides that a City -sponsored amendment to the certified Local Coastal Program (LCP) shall be initiated by the City Council. On January 14, 2020, the City Council adopted Resolution No. 2020-3, thereby initiating the Code and LCP Amendments (Attachments D and E). Planning Commission Review On February 20, 2020, the Planning Commission conducted a duly noticed public hearing to consider the proposed changes to Titles 20 and 21 of the NBMC. During the public hearing, two speakers addressed the Planning Commission expressing concern about the residential build -out under the General Plan, whether the City's existing infrastructure could support the additional units, and why the State laws apply to a Charter City. 10-2 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 3 It is important to note that the new ADU laws provide that ADUs are considered an accessory use; therefore, they are not considered to contribute towards maximum build -out densities outlined in the General Plan. While staff does anticipate an initial influx of units, the submittals can be expected to taper off. Since the City started allowing ADUs in 2017, only 16 applications have been submitted (11 of which have received building permits). It is highly unlikely that every property in the City will construct an ADU and/or JADU. Like any room addition or new house, staff will continue to monitor all new construction to ensure that the City's infrastructure is not impacted. It is further noted the State Legislature has determined that constructing ADUs are a matter of statewide concern to provide needed housing opportunities, thus allowing them to mandate these changes to charter cities. During their deliberations, the Planning Commission articulated similar concerns. The Planning Commission staff report included a detailed comparison of the City's current ADU regulations to the proposed regulations (Attachment F). At the meeting, the Commission also requested that staff include a comparison of the proposed Newport Beach regulations to the new ADU law with the City Council report. This comparison is contained in Attachment G. While the Planning Commission expressed frustration with the State mandating these changes, they noted that it is important to move the amendments forward. However, the Planning Commission did not want to provide a blanket endorsement of the proposal. Instead, after considering all oral and written evidence, the Planning Commission voted 5-1, with Secretary Lowrey opposed and Commissioner Kleiman absent, to forward the proposed Zoning Code Amendment No. CA 2019-009 and LCP Amendment to the City Council for review (Attachments H and I - Resolutions) and approve if the terms of the code amendment retained greater local control over accessory dwelling units and junior accessory dwelling units than what is provided by Government Code Sections 65852.2 and 65852.22. The Planning Commission minutes are included as Attachment J. DISCUSSION: Proposed New Regulations The State is now requiring all cities, including charter cities such as Newport Beach, ministerially approve ADUs and JADUs under the following four circumstances: 1. Convert existing space in a single -unit residence to provide either an ADU or a JADU. In this case, only one ADU or JADU is allowed. 2. Convert existing space in a single -unit residence to build a JADU and construct a new detached ADU. In this case, both an ADU and JADU are allowed. 3. Convert non -habitable space, such as garages, storage rooms, etc., in a multiple - unit dwelling property into ADUs. The number of ADUs on the property may not exceed 25 percent of the total number of units. A minimum of one ADU will be allowed and JADUs are not permitted. 10-3 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 4 4. Construct two -detached ADUs on the same property as a multiple -unit dwelling. This limits the total number of ADUs for the entire property to two. JADUs are not permitted. As part of the new ADU law, the City can no longer require a minimum lot size (previously a 5,000 square -foot minimum lot size was required), which results in the potential that any property improved with a residential unit could be eligible to provide an ADU. Additionally, the new ADU laws limit the ability to require owner -occupants and allow the City to set maximum unit sizes of 850 square feet for a one -bedroom ADU and 1,000 square feet for a two-bedroom ADU. Parking The proposed amendments would require one parking space for each ADU (JADUs are not required to provide a parking space). However, the City is required to waive the ADU parking space requirement in the following circumstances: 1. The ADU is located within one-half ('/2) mile walking distance to a transit stop; 2. The ADU is located within one (1) block of a designated car share pick up and drop off location; 3. The ADU is located within an architecturally and historically significant historic district; 4. The ADU is proposed to be converted from the existing space entirely within the primary dwelling unit or an existing accessory structure; or 5. The ADU is located in a permit parking area where on -street parking permits are required, but not offered to the occupant(s) of the accessory dwelling unit. If an owner wishes to convert their existing garage to an ADU, the new ADU laws prevent the City from requiring replacement parking for the garage spaces lost to the conversion. This allowance does not apply to JADUs, which must provide replacement parking if they convert a garage. Coastal Commission staff has expressed a concern that converting garages and not providing replacement parking could impact the public parking supply in the Coastal Zone thereby impacting public access. This would potentially make the garage conversion portions of the ADU law inconsistent with the Coastal Act. The new ADU laws specifically state, "Nothing [in the new laws] shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976..." Accordingly, the proposed amendment to Title 21 requires replacement parking for any garage, carport, or other covered parking that is converted to an ADU. This replacement parking requirement of the proposed ordinance only affects properties within the Coastal Zone. 10-4 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 5 Notwithstanding the requirement to waive parking for the above listed circumstances, during the Planning Commission hearing Vice Chair Weigand suggested the City consider an incentive to those owners who provide parking when not required to do so. An incentive has not been included with the proposed amendments; but the City Council can consider adding an incentive such as waiving building permit fees, increasing the maximum heights for detached ADUs, or providing a floor area bonus. Redlined changes of the proposed amendments are included as Attachments K and L. Local Coastal Plan Similar to the Zoning Code, the Implementation Plan of the Local Coastal Program (LCP) does not permit ADUs in a manner that is consistent with changes in State law and must be revised. Therefore, subsequent to City Council adoption of this Zoning Code Amendment, staff will submit corresponding amendments to the LCP for review and approval by the California Coastal Commission (CCC). Until the LCP amendment is reviewed and approved by the CCC, the City will continue to process ADUs in the Coastal Zone in accordance with the current LCP regulations. For projects that are now consistent with State law, but inconsistent with the LCP, staff will rely on CCC Guidance Memorandums, which indicate that any eligible projects located in the Coastal Zone that qualify for a Coastal Development Permit (CDP) exemption, such as conversions of existing spaces (excluding garages) into ADUs and JADUs, may be permitted. Projects that do not qualify for an exemption, such as new construction ADUs to multi -unit buildings, cannot be processed until the LCP Amendment is approved and adopted. Once the City obtains Coastal Commission approval, staff will return to the City Council with a final ordinance to amend Title 21. State Department of Housing and Community Development Review Paragraph (h) of Government Code Section 65852.2 requires the City to submit the ordinance to the State Department of Housing and Community Development (HCD) within 60 days of adoption. Upon adoption of the proposed ordinance to amend Title 20, staff will forward the ordinance to HCD for review. If HCD finds the ordinance does not comply with the new ADU laws, HCD will notify the City. Should this occur, the City would have 30 days to either amend the ordinance or adopt additional findings that explain the reason the ordinance complies with the statute. Since the amendment to Title 21 requires Coastal Commission approval, the ordinance amending Title 21 will be submitted to HCD after the Coastal Commission process is complete. Relationship to Regional Housing Needs Assessment (RHNA) At this time with our current understanding of HCD's guidelines, only a small number of ADUs and JADUs will count towards the City's housing production in meeting RHNA housing targets. In the past, HCD has relied heavily on past production to illustrate anticipated future production and current State regulations identify past production as one of several factors to determine ADUs to satisfy a portion of RHNA. In most cities and counties including Newport Beach, regulations for ADUs were much more restrictive before recent changes in law were adopted. To account for changes in law, draft guidance from HCD indicates they may allow jurisdictions to account for the increased ADU potential as follows - 10 -5 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 6 • Local trends in ADU construction since 2018; • Assume the average statewide increase of five times the previous planning period trends; • Trends from regional production of ADUs since 2017; • Programs that aggressively promote and incentivize ADU and JADU construction; or • Other analysis (reviewed on a case-by-case basis). Within the current planning period (2014-2021), the City of Newport Beach has permitted a total of 11 ADUs. Applying HCD's factor of five times the number of past permitted ADUs results in only 55 units counting towards the City's upcoming RHNA. Should the City promote ADU and JADU development, production may increase and the City will need to rely more heavily on them to meet the City's RHNA. The City is also supporting and has requested changes in legislation that would establish clear and objective standards that jurisdictions can utilize when determining the extent to which future ADUs count towards Housing Element RHNA site requirements. The legislation would also establish reasonable assumptions for determining the percentage of ADUs that count towards lower-income RHNA requirements. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project statutorily exempt under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and Section 15282(h) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which exempts adoption of an ordinance regarding second units to implement provisions of Sections 65852.2 and 65852.22 of the Government Code. Additionally, this ordinance is categorically exempt pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15305 (Minor Alterations in Land Use/Limitations). Similarly, the ministerial approval of accessory dwelling units and junior accessory dwelling units is not a "project" for CEQA purposes, and environmental review is not required prior to approving individual applications. NOTICING: Pursuant to Section 13515 of the California Code of Regulations, a review draft of the LCP amendment was made available and a Notice of Availability was distributed on February 14, 2020. In addition, notice of the proposed amendments was published in the Daily Pilot as an eight -page advertisement, consistent with the provisions of the NBMC. The item also appears on the agenda for this meeting, which was posted at City Hall and on the City Website. 10-6 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 7 ATTACHMENTS: Attachment A — Ordinance No. 2020-9 Attachment B — Resolution No. 2020-24 Attachment C — HCD Memorandum Summarizing Changes in State Law Attachment D — City Council Resolution No. 2020-3 Attachment E — January 14, 2020 City Council Minutes Excerpts Attachment F — February 20, 2020 Planning Commission Staff Report Attachment G — Comparison State ADU Law vs Proposed NBMC Attachment H — Planning Commission Resolution No. PC2020-006 Attachment I — Planning Commission Resolution No. PC2020-007 Attachment J — February 20, 2020 Draft Planning Commission Minutes Excerpts Attachment K —NBMC Title 20 (Planning and Zoning), Proposed Redlined Code Changes Attachment L — NBMC Title 21 (Local Coastal Program Implementation Plan), Proposed Redlined Code Changes 10-7 Attachment A Ordinance No. 2020-9 e. ORDINANCE NO. 2020-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT NO. CA2019-009 TO REPEAL AND REPLACE SECTION 20.48.200 (ACCESSORY DWELLING UNITS) OF TITLE 20 (PLANNING AND ZONING) AND AMEND RELATED PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE APPLICABLE TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS PURSUANT TO STATE LAW (PA2019-248) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, the California Legislature adopted and Governor Newsom signed Senate Bill 13 and Assembly Bills 68 and 881 in 2019 amending California Government Code Sections 65852.2 and 65852.22, which took effect January 1, 2020, imposing new limitations on local agencies, including charter cities, ability to regulate accessory dwelling units and junior accessory dwelling units; WHEREAS, Government Code Section 65852.2(a)(4) deems existing ordinances governing accessory dwelling units that do not meet the requirements of its provisions null and void as of the legislation's effective date in which case the standards established under state law apply; WHEREAS, Section 20.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code ("NBMC") regulating accessory dwelling units, most recently amended in 2018 pursuant to Ordinance No. 2018-14, is partially inconsistent with Government Code Sections 65852.2 and 65852.22; WHEREAS, the City desires to amend Title 20's (Planning and Zoning) provisions related to accessory dwelling units and junior accessory dwelling units in order to retain local control to the maximum extent permitted by Government Code Sections 65852.2 and 65852.22; 10-9 Ordinance No. 2020 - Page 2 of 13 WHEREAS, Government Code Section 65852.2(a)(1)(D)(xi) provides that off- street parking shall not be required to be replaced when a garage, carport, or other covered parking is converted to an accessory dwelling unit and junior accessory dwelling unit, however, the California Coastal Act of 1976 is neither superseded nor in any way altered or lessened as provided in Government Code Section 65852.2(1) by this recent legislation; WHEREAS, adopting an ordinance consistent with California Government Code Sections 65852.2 and 65852.22 ensures that the character of the City is preserved to the maximum extent permitted by law and that the City's regulation of accessory dwelling units and junior accessory dwelling units continues to promote the health, safety, and welfare of the community; WHEREAS, accessory dwelling units and junior accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods while also benefitting homeowners who construct these units with added income and increased financial security; WHEREAS, allowing accessory dwelling units and junior accessory dwelling units in conjunction with existing or proposed residential development provides additional rental housing stock, some of which will satisfy the City's 6th Cycle Regional Housing Needs Assessment (RNHA) for the period covering 2021-2029; WHEREAS, accessory dwelling units and junior accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; WHEREAS, the City is a coastal community with numerous coastal resources that attract over ten million annual visitors, including public beaches, Newport Harbor, Balboa Peninsula, Balboa Island, and Newport Bay; WHEREAS, the number of annual visitors, coupled with historic development patterns of the City, has created a significant impact on the City's limited parking supply in the Coastal Zone that would be exacerbated by allowing accessory dwelling units and junior accessory dwelling units to be built without placing certain parking requirements as it shifts residential parking from on-site to on -street; 10-10 Ordinance No. 2020 - Page 3 of 13 WHEREAS, the elimination of off-street parking in residential properties within the Coastal Zone would create a significant impact to public parking and limit visitor access to coastal resources, therefore, replacement parking for conversion of garages, carports, and other covered parking is necessary in order to preserve the limited parking supply and ensure this code amendment is consistent with the California Coastal Act of 1976; WHEREAS, the City finds that prohibiting parking in rear alley setbacks is essential to preserve vehicular maneuverability for residents, fire and life safety personnel traveling through the City's narrow alleyways along with prohibiting parking in front setbacks, unless located on a driveway with a minimum twenty (20) feet in depth to ensure that driveways are of sufficient depth to accommodate a vehicle entirely on-site without protruding into the public right-of-way and blocking pedestrian, bicyclist, and vehicular traffic creating a life safety condition; WHEREAS, a public hearing was held by the Planning Commission on February 20, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing, WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-006 by a majority vote (5 ayes, 1 no) recommending to the City Council review Zoning Code Amendment No. CA 2019-009 and approve if the terms of code amendment retained greater local control over accessory dwelling units and junior accessory dwelling units than what is provided by Government Code Sections 65852.2 and 65852.22; WHEREAS, the revisions to Title 20 proposed herein provide greater local control over accessory dwelling units and junior accessory dwelling units than what is provided by Government Code Sections 65852.2 and 65852.22; and WHEREAS, a public hearing was held by the City Council on March 10, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapters 20.62 and 21.62 of the 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: 10-11 Ordinance No. 2020 - Page 4 of 13 Section 1: The row entitled "Accessory Dwelling Units" set forth in Table 2-1 (Allowed Uses and Permit Requirements) of Section 20.18.020(C) (Residential Zoning District Land Uses and Permit Requirements) of Chapter 20.18 (Residential Zoning Districts (R -A, R-1, R -BI, R-2, RM, RMD)) of Title 20 (Planning and Zoning) of the NBMC is amended to read as follows: Land Use See Part 7 of this title for land use definitions. See Chanter 20.12 for unlisted uses. R -A R-1** R -BI I RM R-2 RMD Specific Use Reaulations i Residential Uses Accessory Dwelling Units and Junior P P P P Section 20.48.200 Accessory Dwellinq Units Section 2: The row entitled "Accessory Dwelling Units and Junior Accessory Dwelling Units" is added to Tables 2-8 and 2-9 (Allowed Uses and Permit Requirements) of Section 20.22.020(C) (Mixed -Use Zoning Districts Land Use and Permit Requirements) of Chapter 20.22 (Mixed -Use Zoning Districts (MU -V, MU -MM, MU -DW, MU-CV/1 5th ST., MU -W1, MU -W2) of Title 20 (Planning and Zoning) of the NBMC to read as follows: TABLE 2-8 ALLOWED USES AND PERMIT REQUIREMENTS Land Use See Part 7 of this title for land use See Part 7 of this title for land definitions. MU -W1 use definitions. (5 )(6) MU -W2 Specific Use Regulations Residential Uses Accessory Dwelling Units and Junior MU-CV/15th Specific Use See Chapter 20.12 for unlisted Accessory Units uses. MU -V MU -MM fi MU -DW St. 7 Regulations Residential Uses Accessory Dwelling Units and Section P P P P Junior Accessory Dwelling Units 20.48.200 TABLE 2-9 ALLOWED USES AND PERMIT REQUIREMENTS Land Use See Part 7 of this title for land use definitions. MU -W1 See Chapter 20.12 for unlisted uses. (5 )(6) MU -W2 Specific Use Regulations Residential Uses Accessory Dwelling Units and Junior P P Section 20.48.200 Accessory Units 10-12 Ordinance No. 2020 - Page 5 of 13 Section 3: Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 (Planning and Zoning) of the NBMC is repealed and replaced with the following: 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 and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for residential use, including 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. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be: 1. Deemed to be inconsistent with the General Plan and zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 3. Considered in the application of any ordinance, policy, or program to limit residential growth; or 4. Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to a Zoning Clearance and the following conditions: 1. There is an existing or proposed dwelling unit on the lot; 2. The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section, and 3. The zoning clearance shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City receives a completed application, unless either: a. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or 10-13 Ordinance No. 2020 - Page 6 of 13 b. In the case of an application for an accessory dwelling unit and/or junior accessory dwelling unit submitted with an application to create a new single -unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or junior accessory dwelling application until the City renders a decision on the new single -unit dwelling application. D. Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/orjunior accessory dwelling units allowed on any residential lot. Unless specified below, only one (1) category may be used per lot. 1. Conversion of Single -Unit Dwelling. Only one (1) accessory dwelling unit or one (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling, subject to the following: a. The accessory dwelling unit or junior accessory dwelling unit is proposed: Within the space of a proposed single -unit dwelling; ii. Within the existing space of an existing single -unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of up to 150 square feet if the expansion is limited to accommodating ingress and egress. b. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior access from the single -unit dwelling. C. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction) of this Code. 2. Detached/Attached on Lot with Single -Unit Dwelling. One (1) detached or one (1) attached, new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. A detached, new -construction accessory dwelling unit may also be permitted in addition to any junior accessory dwelling unit that might otherwise be established on the lot under subsection (D)(1). 3. Conversion of Multi -Unit Dwelling. Multiple accessory dwelling units may be permitted on lots with existing multi -unit dwellings subject to the following: a. The number of accessory dwelling units shall not exceed twenty-five (25) percent of the existing multi -unit dwellings on the lot. For the purpose of calculating the number of allowable accessory dwelling units, the following shall apply: i. Previously approved accessory dwelling units shall not count towards the existing multi -unit dwellings; 10-14 Ordinance No. 2020 - Page 7 of 13 ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) accessory dwelling unit shall be allowed; and iii. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels. b. The portion of the existing multi -unit dwelling that is to be converted is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. 4. Detached on Multi -Unit Lot. Up to two (2) detached, new -construction accessory dwelling units may be permitted on a lot that has an existing multi -unit dwelling. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels. E. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning) of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria. 1. Minimum Lot Area. There shall be no minimum lot area required in order to establish an accessory dwelling unit and/or junior accessory dwelling unit. 2. Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below: a. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback. b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing provided setback. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existing structure's size and/or height. C. Newly constructed detached accessory dwelling units may provide a minimum setback of four (4) feet from all side and rear property lines. 10-15 Ordinance No. 2020 - Page 8 of 13 3. Building Height. Detached accessory dwelling units shall not exceed one (1) story and a height of sixteen (16) feet. Notwithstanding the foregoing, an accessory dwelling unit constructed above a detached garage shall not exceed two (2) stories and the maximum allowable height of the underlying zoning district, provided all of the following criteria are met: a. The accessory dwelling unit meets the minimum setbacks required by underlying zoning district; and b. The principal dwelling unit complies with parking standards set forth in Section 20.40.040. 4. Unit Size. a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one (1) bedroom unit and 1,000 square feet for a two (2) bedroom unit. No more than two (2) bedrooms are allowed. b. An attached accessory dwelling unit that is created on a lot with an existing single -unit dwelling is further limited to fifty (50) percent of the floor area of the existing dwelling. C. Application of size limitations set forth in subsections (E)(4)(a) and (E)(4)(b) above, shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure. d. Application of size limitations set forth in subsection (E)(4)(b) above, or other development standards, such as floor area limit or site coverage, might further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than 800 square feet. e. The maximum size of a junior accessory dwelling unit shall be 500 square feet. f. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit. 5. Design. An accessory dwelling unit and/or junior accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. 6. Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall not require fire sprinklers so long as fire sprinklers are not required for the principal residence. 10-16 Ordinance No. 2020 - Page 9 of 13 7. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior 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. 8. Parking. Parking shall comply with requirements of Chapter 20.40 (Off - Street Parking) except as modified below: a. No additional parking shall be required for junior accessory dwelling units. b. A maximum of one (1) parking space shall be required for each accessory dwelling unit. C. When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet. d. No additional parking shall be required for: i. Accessory dwelling units converted as part of a proposed or existing space of a principal residence or existing accessory structure; ii. Accessory dwelling units located within one-half mile walking distance of a public transit. For the purposes of this section "public transit" shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public; iii. Accessory dwelling units located within an architecturally and historically significant historic district; iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or V. When there is a car -share vehicle located within one (1) block of the accessory dwelling unit. For the purposes of this section, "car - share vehicle" shall mean part of an established program intended to remain in effect at a fixed location for at least ten (10) years and available to the public. 10-17 Ordinance No. 2020 - Page 10 of 13 e. No Replacement Parking Necessary. Outside the coastal zone, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. Refer to Section 21.48.200(F)(8)(e) for replacement parking in the coastal zone. F. Utility Connection. 1. Connection Required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), including water, electric, and sewer services. 2. Except as provided in subsection (F)(3) below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utility. 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit dwelling, unless the accessory dwelling unit is being constructed in connection with a new single - unit dwelling. 4. Septic Systems. If the principal dwelling unit is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, accessory dwelling units and junior accessory dwelling units may connect to the onsite waste water -treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years. G. Additional Requirements for all Accessory Dwelling Units and Junior Accessory Dwelling Units. 1. No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single -unit dwelling) or from the lot and all of the dwellings (in the case of a multi -unit dwelling). 2. Short -Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less. 3. Owner -Occupancy. a. Accessory dwelling units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any accessory dwelling unit that is permitted in accordance with this section between January 1, 2020 and January 1, 2025. 10-18 Ordinance No. 2020 - Page 11 of 13 b. Junior accessory dwelling units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization. H. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit and/or junior 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, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot. I. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable. Section 4: The following definitions listed in the alphabetical list of definitions contained in Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning) of the NBMC are amended to read as follows: "Accessory Dwelling Unit (Land Use)." See "Dwelling unit, accessory (land use)." "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code, or any successor statute. Section 5: The following definitions shall be added to the alphabetical list of definitions contained in Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning) of the NBMC to read as follows: 10-19 Ordinance No. 2020 - Page 12 of 13 "Dwelling unit, junior accessory (land use)" means a dwelling unit accessory to and entirely contained within, an existing or proposed single -unit dwelling, and that: 1. Is no more than 500 square feet in size; 2. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single -unit dwelling; and 3. Includes an efficiency kitchen. "Junior Accessory Dwelling Unit (Land Use)". See "Dwelling unit, junior accessory (land use)". Section 6: An amendment to Title 21 (Local Coastal Program Implementation Plan) is also underway pursuant to Resolution 2020-_ to approve LCP Amendment No. LC2019- 008. Zoning Code Amendment CA2019-009 shall not become effective for projects located in the coastal zone for which Title 21 is applicable until approval of the LCP Amendment No. LC2019-008 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 7: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 8: 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 9: The City Council finds the introduction and adoption of this ordinance is statutorily exempt under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and Section 15282(h) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which exempts adoption of an ordinance regarding second units to implement provisions of Sections 65852.2 and 65852.22 of the Government Code. Additionally, this ordinance is categorically exempt pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15305 (Minor Alterations in Land Use/Limitations). Similarly, the ministerial approval of accessory dwelling units and junior accessory dwelling units is not a "project" for CEQA purposes, and environmental review is not required prior to approving individual applications. 10-20 Ordinance No. 2020 - Page 13 of 13 Section 10: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 11: 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of March, 2020, and adopted on the 24th day of March, 2020, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE -�OAAR40C�H ARP, CITY ATTORNEY 10-21 Attachment B Resolution No. 2020-24 10-22 RESOLUTION NO. 2020-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-008 TO THE CALIFORNIA COASTAL COMMISSION TO REPEAL AND REPLACE SECTION 21.48.200 (ACCESSORY DWELLING UNITS) OF TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) AND AMEND RELATED PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE APPLICABLE TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS PURSUANT TO STATE LAW (PA2019-248) WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, in 2005, the City of Newport Beach ("City") adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("Local Coastal Program") as amended from time to time including most recently on February 12, 2019, via Resolution No. 2019-16; WHEREAS, the California Coastal Commission effectively certified the City's Local Coastal Implementation Plan on January 13, 2017, and the City added Title 21 ("Local Coastal Program Implementation Plan") ("Title 21") to the City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, the California Legislature adopted and Governor Newsom signed Senate Bill 13 and Assembly Bills 68 and 881 in 2019 amending California Government Code Sections 65852.2 and 65852.22, which took effect January 1, 2020, imposing new limitations on local agencies, including charter cities, ability to regulate accessory dwelling units and junior accessory dwelling units; WHEREAS, Government Code Section 65852.2(a)(4) deems existing ordinances governing accessory dwelling units that do not meet the requirements of its provisions null and void as of the legislation's effective date in which case the standards established under state law apply; 10-23 Resolution No. 2020 - Page 2 of 14 WHEREAS, Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code ("NBMC") regulating accessory dwelling units, most recently amended in 2019 pursuant to Ordinance No. 2019-1, is partially inconsistent with Government Code Sections 65852.2 and 65852.22; WHEREAS, the City desires to amend Title 21's (Local Coastal Program Implementation Plan) provisions related to accessory dwelling units and junior accessory dwelling units in order to retain local control to the maximum extent permitted by Government Code Sections 65852.2 and 65852.22; WHEREAS, Government Code Section 65852.2(a)(1)(D)(xi) provides that off- street parking shall not be required to be replaced when a garage, carport, or other covered parking is converted to an accessory dwelling unit and junior accessory dwelling unit, however, the California Coastal Act of 1976 is neither superseded nor in any way altered or lessened as provided in Government Code Section 65852.2(1) by this recent legislation; WHEREAS, adopting an ordinance consistent with Government Code Sections 65852.2 and 65852.22 ensures that the character of the City is preserved to the maximum extent permitted by law and that the City's regulation of accessory dwelling units and junior accessory dwelling units continues to promote the health, safety, and welfare of the community; WHEREAS, accessory dwelling units and junior accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods while also benefitting homeowners who construct these units with added income and increased financial security; WHEREAS, allowing accessory dwelling units and junior accessory dwelling units in conjunction with existing or proposed residential development provides additional rental housing stock, some of which will satisfy the City's 6t" Cycle Regional Housing Needs Assessment (RNHA) for the period covering 2021-2029; WHEREAS, accessory dwelling units and junior accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; WHEREAS, the City is a coastal community with numerous coastal resources that attract over ten million annual visitors, including public beaches, Newport Harbor, Balboa Peninsula, Balboa Island, and Newport Bay; 10-24 Resolution No. 2020- Page3of 14 WHEREAS, the number of annual visitors, coupled with historic development patterns of the City, has created a significant impact on the City's limited parking supply in the Coastal Zone that would be exacerbated by allowing accessory dwelling units and junior accessory dwelling units to be built without placing certain parking requirements as it shifts residential parking from on-site to on -street; WHEREAS, the elimination of off-street parking in residential properties within the Coastal Zone would create a significant impact to public parking and limit visitor access to coastal resources, therefore, replacement parking for conversion of garages, carports, and other covered parking is necessary in order to preserve the limited parking supply and ensure this code amendment is consistent with the California Coastal Act of 1976; WHEREAS, the City finds that prohibiting parking in rear alley setbacks is essential to preserve vehicular maneuverability for residents, fire and life safety personnel traveling through the City's narrow alleyways along with prohibiting parking in front setbacks, unless located on a driveway with a minimum twenty (20) feet in depth to ensure that driveways are of sufficient depth to accommodate a vehicle entirely on-site without protruding into the public right-of-way and blocking pedestrian, bicyclist, and vehicular traffic creating a life safety condition; WHEREAS, a public hearing was held by the Planning Commission regarding LCP Amendment No. LC2019-008 on February 20, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of 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, at the hearing, the Planning Commission adopted Resolution No. PC2020-007 by a majority vote (5 ayes, 1 no) recommending to the City Council review LCP Amendment No. CA 2019-008 and approve if the terms of code amendment retained greater local control over accessory dwelling units and junior accessory dwelling units than what is provided by Government Code Sections 65852.2 and 65852.22,- WHEREAS, 5852.22; WHEREAS, the revisions to Title 21 proposed herein provide greater local control over accessory dwelling units and junior accessory dwelling units than what is provided by Government Code Sections 65852.2 and 65852.22; 10-25 Resolution No. 2020 - Page 4 of 14 WHEREAS, a public hearing was held by the City Council on March 10, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 21.62 of the NBMC. 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 the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of LCP Amendment No. LC2019-008 were made available and a Notice of Availability was distributed at least six (6) weeks prior to the City Council public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council authorizes staff to submit Local Coast Amendment No. LC2019-008, as set forth below, to the California Coastal Commission for review and approval, repealing and replacing Section 21.48.200 (Accessory Dwelling Units) and amending related provisions of Title 21 (Local Coastal Program Implementation Plan) as provided herein. Section 2: The row entitled "Accessory Dwelling Units" set forth in Table 21.18-1 (Allowed Uses) in Section 21.18.020(C) (Residential Coastal Zoning Districts Land Uses) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is amended to read as follows: Land Use See Part 7 of this Implementation R -BI Plan for land use definitions. R-1 R-2 RM Specific Use See Chapter 21.12 for unlisted uses. Residential R -A R-1-6,000 R-2-6,000 RM -6,000 Regulations Accessory Dwelling Units and Junior P P P P Section Accessory Dwelling Units 21.48.200 Section 3: The row entitled "Accessory Dwelling Units and Junior Accessory Dwelling Units" is added to Tables 21.22-1 and 21.22-2 (Allowed Uses) of Section 21.22.020 (Mixed -Use Coastal Zoning Districts Land Uses and Permit Requirements) of Chapter 21.22 (Mixed -Use Coastal Zoning Districts (MU -V, MU -MM, MU-CV/15TH ST., MU -W1, MU -W2)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows: 10-26 Resolution No. 2020 - Page 5 of 14 Section 4: Section 21.48.200 (Accessory Dwelling Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is repealed and replaced with the following: 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 and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for residential use, including 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. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be: 10-27 Mixed -Use Zoning Districts TABLE 21.22-1 A Allowed ALLOWED USES A Allowed Land Use — Not Allowed* Land Use See Part 7 of this Implementation Plan for land use MU_ See Part 7 of this Implementation Plan for land use MU -V MU- CVI15th Specific Use definitions. (6) MM (4) Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling Units Regulations See Chapter 21.12 for unlisted uses. St. (6)(6) - •- Residential Uses Accessory Accessory Dwelling Units and Junior Accessory Dwelling Units A A A Section 21.48.200 Section 4: Section 21.48.200 (Accessory Dwelling Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is repealed and replaced with the following: 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 and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for residential use, including 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. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be: 10-27 Mixed -Use Coastal Zoning Districts TABLE 21.22-2 ALLOWED USES A Allowed — Not Allowed* Land Use See Part 7 of this Implementation Plan for land use definitions. MU -W1 MU -W2 Specific Use See Chapter 21.12 for unlisted uses. (3) A (5) A Regulations Section 21.48.200 Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling Units Section 4: Section 21.48.200 (Accessory Dwelling Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is repealed and replaced with the following: 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 and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for residential use, including 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. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be: 10-27 Resolution No. 2020 - Page 6 of 14 1. Deemed to be inconsistent with the Coastal Land Use Plan and coastal zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling units is located; 2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 3. Considered in the application of any ordinance, policy, or program to limit residential growth; or 4. Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to a Zoning Clearance and the following conditions: 1. There is an existing or proposed dwelling unit on the lot; 2. The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section; and 3. The zoning clearance shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City receives a completed application, unless either: a. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or b. In the case of an application for an accessory dwelling unit and/or junior accessory dwelling unit submitted with an application to create a new single -unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or junior accessory dwelling application until the City renders a decision on the new single -unit dwelling application. 4. The applicant shall obtain a Coastal Development Permit, pursuant to Chapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or excluded from the coastal development permit process. D. Coastal Development Permits. 1. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development Review Procedures) 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 (Public Hearings) shall not be required. Public notice shall be provided as required in Section 21.62.020, except 10-28 Resolution No. 2020- Page7of 14 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 (Appeals and Calls for Review), coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealed 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. E. Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any residential lot. Unless specified below, only one (1) category may be used per lot. 1. Conversion of Single -Unit Dwelling. Only one (1) accessory dwelling unit or one (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling, subject to the following: a. The accessory dwelling unit or junior accessory dwelling unit is proposed: Within the space of a proposed single -unit dwelling; or ii. Within the existing space of an existing single -unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of up to 150 square feet if the expansion is limited to accommodating ingress and egress. b. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior from the single -unit dwelling. C. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction) of this Code. 2. Detached/Attached on Lot with Single -Unit Dwelling. One (1) detached, new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. A detached, new -construction accessory dwelling unit may also be permitted in addition to any junior accessory dwelling unit that might otherwise be established on the lot under subsection (D)(1). 3. Conversion of Multi -Unit Dwelling. Multiple accessory dwelling units may be permitted on lots with existing multi -unit dwellings subject to the following: a. The number of accessory dwelling units shall not exceed twenty-five (25) percent of the existing multi -unit dwellings on the lot. For the purpose 10-29 Resolution No. 2020 - Page 8 of 14 of calculating the number of allowable accessory dwelling units, the following shall apply: i. Previously approved accessory dwelling units shall not count towards the existing multi -unit dwellings; ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) accessory dwelling unit shall be allowed; and iii. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels b. The portion of the existing multi -unit dwelling that is to be converted is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. 4. Detached on Multi -Unit Lot. Up to two (2) detached, new -construction accessory dwelling units may be permitted on a lot that has an existing multi -unit dwelling. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels. F. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria. 1. Minimum Lot Area. There shall be no minimum lot area required in order to establish an accessory dwelling unit and/or junior accessory dwelling unit. 2. Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below: a. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback. b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing provided setback. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existing structure's size and/or height. 10-30 Resolution No. 2020 - Page 9 of 14 C. Newly constructed detached accessory dwelling units may provide a minimum setback of four (4) feet from all side and rear property lines. 3. Building Height. Detached accessory dwelling units shall not exceed one (1) story and a height of sixteen (16) feet. Notwithstanding the foregoing, an accessory dwelling unit constructed above a detached garage shall not exceed two (2) stories and the maximum allowable height of the underlying zoning district, provided all of the following criteria are met: a. The accessory dwelling unit meets the minimum setbacks, as required by underlying zoning district; and b. The principal dwelling unit complies with parking standards set forth in Section 21.40.040. 4. Unit Size. a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one -bedroom unit and 1,000 square feet for a two (2) bedroom unit. No more than two (2) bedrooms are allowed. b. An attached accessory dwelling unit that is created on a lot with an existing single -unit dwelling is further limited to fifty (50) percent of the floor area of the existing dwelling. C. Application of the size limitations set forth in subsections (F)(4)(a) and (F)(4)(b) above, shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure. d. Application of size limitations set forth in subsection (F)(4)(b) above, or other development standards, such as floor area limit or site coverage, might further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than 800 square feet. e. The maximum size of a junior accessory dwelling unit shall be 500 square feet. f. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit. 5. Design. An accessory dwelling unit and/or junior accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. 6. Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall not require fire sprinklers so long as fire sprinklers are not required for the principal residence. 10-31 Resolution No. 2020 - Page 10 of 14 7. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior 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. 8. Parking. Parking shall comply with requirements of Chapter 21.40 (Off - Street Parking) except as modified below: a. No additional parking shall be required for junior accessory dwelling units. b. A maximum of one (1) parking space shall be required for each accessory dwelling unit. C. When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet. d. No parking shall be required for: i. Accessory dwelling units converted as part of a proposed or existing space of principal residence or existing accessory structure; ii. Accessory dwelling units located within one-half mile walking distance of a public transit. For the purposes of this section "public transit' shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public; iii. Accessory dwelling units located within an architecturally and historically significant historic district, iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or 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 remain in effect at a fixed location for at least ten (10) years and available to the public. 10-32 Resolution No. 2020 - Page 11 of 14 e. If an accessory dwelling unit replaces an existing garage, replacement spaces shall 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. G. Utility Connection. 1. Connection Required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), including water, electric, and sewer services. 2. Except as provided in subsection (G)(3) below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utility. 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit dwelling, unless the accessory dwelling unit being constructed in connection with a new single -unit dwelling. 4. Septic Systems. If the principal dwelling unit is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, accessory dwelling units and junior accessory dwelling units may connect to the onsite waste water -treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years. H. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units. 1. No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single -unit dwelling) or from the lot and all of the dwellings (in the case of a multi -unit dwelling). 2. Short -Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less. 10-33 Resolution No. 2020 - Page 12 of 14 3. Owner -Occupancy. a. Accessory dwelling units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any accessory dwelling unit that is permitted in accordance with this section between January 1, 2020 and January 1, 2025. b. Junior accessory dwelling units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization. I. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit and/or junior 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, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot. J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable. Section 5: The following definitions listed in the alphabetical list of definitions contained in Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC are amended to read as follows: "Accessory Dwelling Unit (Land Use)." See "Dwelling unit, accessory (land use)." "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code, or any successor statute. 10-34 Resolution No. 2020 - Page 13 of 14 Section 6: The following definitions shall be added to the alphabetical list of definitions contained in Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows: "Dwelling unit, junior accessory (land use)" means a dwelling unit accessory to and entirely contained within, an existing or proposed single -unit dwelling, and that: 1. Is no more than 500 square feet in size; 2. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single -unit dwelling; and 3. Includes an efficiency kitchen. "Junior Accessory Dwelling Unit (Land Use)". See "Dwelling unit, junior accessory (land use)". Section 7: LCP Amendment No. LC2019-008, shall be carried out in full conformance with the California Coastal Act of 1976 as set forth in the California Public Resources Code Section 30000 et seq. LCP Amendment No. LC2019-008 shall not become effective until approval by the Coastal Commission and adoption, including any modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. Section 8: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 9: 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. 10-35 Resolution No. 2020 - Page 14 of 14 Section 10: The City Council finds the adoption of this resolution is statutorily exempt under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and Section 15282(h) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which exempts adoption of a resolution regarding second units to implement provisions of Sections 65852.2 and 65852.22 of the Government Code. Additionally, this resolution is categorically exempt pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15305 (Minor Alterations in Land Use/Limitations). Similarly, the ministerial approval of accessory dwelling units and junior accessory dwelling units is not a "project" for CEQA purposes, and environmental review is not required prior to approving individual applications. Section 11: This resolution shall not become effective for thirty (30) days and until certified by the Executive Director of the Coastal Commission. ADOPTED this day of March 2020. WillO'Neill Mayor ATTEST: Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4AarttortlHarp Ciney 10-36 Attachment C HCD Memorandum Summarizing Changes in State Law 10-37 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY Gavin Newsom, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT ' 2020 W. EI Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov MEMORANDUM DATE: January 10, 2020 TO: Planning Directors and Interested Parties 3,loc a4lw� FROM: Zachary Olmstead, Deputy Director Division of Housing Policy Development SUBJECT: Local Agency Accessory Dwelling Units Chapter 653, Statutes of 2019 (Senate Bill 13) Chapter 655, Statutes of 2019 (Assembly Bill 68) Chapter 657, Statutes of 2019 (Assembly Bill 587) Chapter 178, Statutes of 2019 (Assembly Bill 670) Chapter 658, Statutes of 2019 (Assembly Bill 671) Chapter 659, Statutes of 2019 (Assembly Bill 881) This memorandum is to inform you of the amendments to California law, effective January 1, 2020, regarding the creation of accessory dwelling units (ADU) and junior accessory dwelling units (JADU). Chapter 653, Statutes of 2019 (Senate Bill 13, Section 3), Chapter 655, Statutes of 2019 (Assembly Bill 68, Section 2) and Chapter 659 (Assembly Bill 881, Section 1.5 and 2.5) build upon recent changes to ADU and JADU law (Government Code Section 65852.2, 65852.22 and Health & Safety Code Section 17980.12) and further address barriers to the development of ADUs and JADUs. (Attachment A includes the combined ADU statute updates from SB 13, AB 68 and AB 881). This recent legislation, among other changes, addresses the following: • Development standards shall not include requirements on minimum lot size (Section (a)(1)(B)(i)). • Clarifies areas designated for ADUs may be based on water and sewer and impacts on traffic flow and public safety. • Eliminates owner -occupancy requirements by local agencies (Section (a)(6) & (e)(1)) until January 1, 2025. • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1000 square feet if the ADU contains more than one bedroom (Section (c)(2)(13)). • Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement offstreet parking spaces cannot be required by the local agency (Section (a)(1)(D)(xi)). 10-38 • Reduces the maximum ADU and JADU application review time from 120 days to 60 days (Section (a)(3) and (b)). • Clarifies "public transit" to include various means of transportation that charge set fees, run on fixed routes and are available to the public (Section 0)(10)). • Establishes impact fee exemptions or limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees and impact fees for an ADU of 750 square feet or larger shall be proportional to the relationship of the ADU to the primary dwelling unit (Section (f)(3)). • Defines an "accessory structure" to mean a structure that is accessory or incidental to a dwelling on the same lot as the ADU (Section 0)(2)). • Authorizes HCD to notify the local agency if the department finds that their ADU ordinance is not in compliance with state law (Section (h)(2)). • Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy RHNA housing needs as specified in Gov. Code Section 65583.1(a) and 65852.2(m). • Permits JADUs without an ordinance adoption by a local agency (Section (a)(3), (b) and (e)). • Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom or an interior entry into the single-family residence (Gov. Code Section 65852.22). • Allows upon application and approval, an owner of a substandard ADU 5 years to correct the violation, if the violation is not a health and safety issue, as determined by the enforcement agency (Section (n). • Creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separate from the primary dwelling by allowing deed -restricted sales to occur. To qualify, the primary dwelling and the ADU are to be built by a qualified non-profit corporation whose mission is to provide units to low-income households (Gov. Code Section 65852.26). • Removes covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable (Civil Code Section 4751). • Requires local agency housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low, low-, or moderate -income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction and operation of affordable ADUs (Gov. Code Section 65583 and Health and Safety Code Section 50504.5) (Attachment D). For assistance, please see the amended statutes in Attachments A, B, C and D. HCD continues to be available to provide preliminary reviews of draft ADU ordinances to assist local agencies in meeting statutory requirements. In addition, pursuant to Gov. Code Section 65852.2(h), adopted ADU ordinances shall be submitted to HCD within 60 days of adoption. For more information and updates, please contact HCD's ADU team at adu .hcd.ca.gov. 10-39 ATTACHMENT A GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 (AB 881, AB 68 and SB 13 Accessory Dwelling Units) (Changes noted in strikeout, underline/italics) Effective January 1, 2020, Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. 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 inC'�bu are Ret limited the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, ,loot Eeverage 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 Ra£es. Resources. These standards shall not include requirements on minimum lot size. (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 accessory dwelling unit may be rented separate from the primary residence, buy but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing s,Rgle-f—�y dwelling. (iii) The accessory dwelling unit is either attached to, or located within the living area of the within, the proposed or existing primary dwellingor dwelling, includinq attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) The total area of floorspace of If there is an existinq primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the proposed or evicting primary dwelling li"ing area or 1,200 square fee+ existing primary dwelling. (v) The total floor area of fleerspane 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 living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existinq structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five fourfeet from the side and rear lot lines shall be required for an accessory dwelling 10-40 unit that is oonotri toted above a garage. not converted from an existinq structure or a new structure constructed in the same location and to the same dimensions as an existinq structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (1) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (11) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (111) This clause shall not apply to a an accessory dwelling 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 or converted to an accessory dwelling unit, aft the local agency requires shall not require that those e##sfree offstreet parking spaces be replaced +"o replaGemeRt spaGes may be located OR aRy GORfigUratiOR on the same lot as the accessory dwelliRg- use of meGhaRiGal automobile parking lofts. This Glause shall Rot apply to a URit that is deSGribed oYbdOyioien4c replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a IOGal agenGY reGeives its first appliGatien on or after july 1, 2003, for a permit pursuant to this of b diVioion the appliGatien A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved 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 reneiying the applination ep rmits. The permittinq agency shall act on the application to create an accessory dwellinq unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse it for costs that Ot OnGUrs as a result of amendments to this paragraph enaGted during the 2001 02 Regular SecciOR of the I egiolat ire incurred to implement this paragraph, 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 o, bseq tent t„ the effeCtive date of the aGt 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 ev�at If 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 Unen the effeGtive date of the a„t adding this paragraph and that agency shall thereafter apply the standards established in this 10-41 subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the delay or 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 ZGRed fE)r residential „moo that includes a proposed or existing single -family dwelling. No additional standards, other than those provided in this subdivision, shall be "tiles used or imposed, including any owner-occupant requirement, except that a local agency may require 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 an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days of+or ro„o.. ti the appliGa (a). The permitting agency shall act on the application to create an accessory dwelling unit or a iunior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single -family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single -family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single -family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (8) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: CO 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (c) LCJ attanhed and detanhed aGGesson, dwelling UnitsNe minimum Any other minimum or maximum size for an accessory dwelling unit, e-r- size based upon a percentage of the proposed or existing primary dwelling, shall be established by „rdinan„o or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an eff+Ei2nGY - 800 square 10-42 foot accessory dwelling unit that is at least 16 feet in height with four -foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (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 walking distance 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 proposed or existing primary residence or an accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit structure,unit per single family lot Of the unit 06 Gontained within the existing spaGe of a single family residenGe er aGGessory structure, iRGlYdiRg, but not limited to, a studio, pool house, or other similar has independent exterior aGGess from the existing residenGe, and the side and rear setbaGks are suffmGment for fire safety. AGGessory dwelling URitS shall Rot be required to provide fore spriRklers of they - are Rot required for the primary reesidenGe. A Gity may require owner GGGLIpanGy for either the primary or the aGGessor„ idwelliRg ,,nit Greate d through this pr,,Ge Within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet. (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four -foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. 10-43 Q) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. (4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (5) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (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) "^may An accessory dwelling units unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer seR�IG8 service, unless the accessory dwelling unit was constructed with a new single -family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (8) For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" is defined in subdivision Lb) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. {A} For an accessory dwelling unit described in subparagraph (A) ofparagraph (1) of subdivision (e), a local agency, special district, or water corporation 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 Gh� charge, unless the accessory dwelling unit was constructed with a new single -family home. (B) L51 For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation 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- square feet or the number of its plumhiRg fivtWes drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, 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) mal f1 -agencies- A local agency 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. The ` epaFtmont may review and nE)mmont On this submitted „rdiRaRGo. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency's ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, 10-44 no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: CO Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department's findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressinq the department's findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. CO The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. { 4 ilk As used in this section, the following terms mean: /A\ 161 =--'--—" —"---" ___ — ___ — i1—— — "— I— —"--- —r — —1 ---- II-"——" -- I- - —I.-- I— —ii" -- ss a e e e (3) For purposes of this is �e 0 seGtionReghborheedhas the sarne meaning as set forth OR SeGtion 6 5v�vTs (4) (1) "Accessory dwelling unit" means an attached or a detached residential dwelling unit "G" that provides complete independent living facilities for one or more persons— persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot. W Q An effiniennY unit, "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code. {B) LIL A rnaRufaGtured horne, as defiRed OR SeGtion 18007 of the Health and Safety G "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. (5) "Local agency" means a city, county, or city and county, whether -general law or chartered. (6) "Neighborhood" has the same meaning as set forth in Section 65589.5. (7) "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. {-5-} f81 "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. 00) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 10-45 {9) � "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. W A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. 4) fl) 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 of 1976 (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. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583. 1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. 10-46 (Becomes operative on January 1, 2025) Section 65852.2 of the Government Code is amended to read (changes from January 1, 2020 statute noted in underline/italic): 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. 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 the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, 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 Resources. These standards shall not include requirements on minimum lot size. (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 accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area 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 living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit 10-47 that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (1) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (11) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling 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 or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved 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. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, 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 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. If 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 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 on ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or prenor+„ bee used ferTetals of terms'gig r +�30 days. imposed except that, subject to subparagraph (8), 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. (8) Notwithstanding subparagraph (A), a local agency shall not impose an owner -occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner -occupant requirement. (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 an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single- family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: 10-49 (i) 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four -foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (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 walking distance 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 proposed or existing primary residence or an accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet. (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, 10-50 passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and may shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four -foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. (4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. {6-) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (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) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or 10-51 separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation 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 square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, 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) (1) A local agency 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. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency's ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i) Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department's findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department's findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Q) As used in this section, the following terms mean: (1) "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed 10-52 or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot. (3) "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) "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. (5) "Local agency" means a city, county, or city and county, whether general law or chartered. (6) "Neighborhood" has the same meaning as set forth in Section 65589.5. (A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (7) "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. (8) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (11) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (1) 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 of 1976 (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. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit 10-53 for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall T rr' �3ffeGt enly unto! januan, 1 2025and as of that date is repealed become operative on January 1, 2025. 10-54 Effective January 1, 2020, Section 65852.22 of the Government Code is amended to read (changes noted in strikeout, underline/italics) (AB 68 (Ting)): 65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single- family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner -occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the Wig- walls of the S+tFUGWFe and require the ORGI isinn of an exis+inn he`treem proposed or existing single-family residence. (5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the StFUGWre, proposed or existing single- family residence. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: (A) n sink with a maximum waste IiRe dia eteF of 1.6 {B) (A) A cooking facility with appliaRGes that dO npt require elentriGal seNiGe greater than 120 volts appliances. (G) (B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whethe if the junior accessory dwelling unit is4n- GempllanGe complies with applicable building standards. (c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall he Issued Within 120 Mays of si bmiccien of an applisatien fer a permit pursuant to this. seGtien. The permitting agency shall act on the application to create a iunior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a iunior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the iunior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the iunior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the 10-55 applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the- purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section. (g)_(IZL For purposes of this section, the following terms have the following meanings: (1) "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing a single-family c+rUGtUre residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. 10-56 Effective January 1, 2020 Section 17980.12 is added to the Health and Safety Code, immediately following Section 17980.11, to read (changes noted in underline/italics) (SB 13 (Wieckowski)): 11*91.1116i F4 (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (8) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision: (A) The accessory dwelling unit was built before January 1, 2020. (8) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (4) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph Q. (b) For purposes of this section, "accessory dwelling unit" has the same meaning as defined in Section 65852.2. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 10-57 ATTACHMENT B GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 AB 587 Accessory Dwelling Units (Changes noted in underline/italics) Effective January 1, 2020 Section 65852.26 is added to the Government Code, immediately following Section 65852.25, to read (AB 587 (Friedman)): 65852.26. (a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local agency may, by ordinance, allow an accessory dwellinq unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply.- (1) pply.(1) The property was built or developed by a qualified nonprofit corporation. (2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph 00) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following: (A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies. B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property. (C) A requirement that the qualified buyer occupy the property as the buyer's principal residence. (D) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for 45 years for owner -occupied housing units and will be sold or resold to a qualified buyer. (4) A grant deed naminq the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. (5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b) For purposes of this section, the following definitions apply (1) "Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (2) "Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no -interest loan program. 10-58 ATTACHMENT C CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5, ARTICLE 1 AB 670 Accessory Dwelling Units (Changes noted in underline/italics) Effective January 1, 2020, Section 4751 is added to the Civil Code, to read (AB 670 (Friedman)): 4751. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and anV provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwellinq unit or junior accessory dwellinq unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b) This section does not apply to provisions that impose reasonable restrictions on accessory dwellinq units or junior accessory dwellinq units. For purposes of this subdivision, "reasonable restrictions" means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinquish the ability to otherwise construct, an accessory dwellinq unit or junior accessory dwellinq unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code. 10-59 ATTACHMENT D GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3, ARTICLE 10.6 AB 671 Accessory Dwelling Units (Changes noted in underline/italics) Effective January 1, 2020, Section 65583(c)(7) of the Government Code is added to read (sections of housing element law omitted for conciseness) (AB 671 (Friedman)): 65583(c)(7). Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate -income households. For purposes of this paragraph, "accessory dwelling units" has the same meaning as "accessory dwelling unit" as defined in paragraph (4) of subdivision (i) of Section 65852.2. Effective January 1, 2020, Section 50504.5 is added to the Health and Safety Code, to read (AB 671 (Friedman)): 50504.5. (a) The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate -income households. (b) The list shall be posted on the department's internet website by December 31, 2020. (c) For purposes of this section, "accessory dwelling unit" has the same meaning as defined in paragraph (4) of subdivision CO of Section 65852.2 of the Government Code. 10-60 Attachment D City Council Resolution No. 2020-3 10-61 RESOLUTION NO. 2020-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO STATE MANDATED REGULATIONS OF ACCESSORY DWELLING AND JUNIOR ACCESSORY DWELLING UNITS (PA2019-248) WHEREAS, Section 20.66.020 of the Newport Beach Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to the Zoning Code with or without a recommendation from the Planning Commission; WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal Program" requires amendments to the City of Newport Beach certified Local Coastal Program codified in Title 21 of the NBMC to be initiated by the City Council; WHEREAS, the California Legislature recently approved, and the Governor signed, Senate Bill 13 (Chapter 653, Statutes of 2019), Assembly Bill 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019), which amend California Government Code Sections 65852.2 and 65852.22 to impose new limits on the City's regulation of Accessory Dwelling Units ("ADUs") and Junior Accessory Dwelling Units ("JADUs"); WHEREAS, Government Code Sections 65852.2 and 65852.22 conflict with the City's current regulation of ADUs and JADUs; and WHEREAS, the City Council desires to amend Title 20 and Title 21 of the NBMC adopting new regulations for ADUs and JADUs that comply with Government Code Sections 65852.2 and 65852.22, to maintain local control and mitigate potential impacts to existing residential property. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to Title 20 "Planning and Zoning" of the NBMC and Title 21 "Local Coastal Program Implementation Plan" of the NBMC to adopt new regulations for ADUs and JADUs. 10-62 Resolution No. 2020-3 Page 2of2 Section 2: 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 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 14th day of January, 2020. Will O'Neill Mayor ATTEST: A&j. Leilani I. Brown City Clerk APPROVED AS TO FORM: Nzi�� CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 10-63 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2020-3, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 1411, day of January, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None RECUSED: Mayor Pro Tem Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 1511, day of January, 2020- C/7 r w --V yv •V■ +V- Leilani I_ Brown City Clerk Newport Beach, California 10-64 Attachment E January 14, 2020 City Council Minutes Excerpt 10-65 City of Newport Beach Study Session, and Regular Meeting January 14, 2024 b) Accept the Hoag Memorial Hospital Presbyterian Community Benefit Program grant funding of $15,000 to be used in support of the Fire Department's Newport Beach—Surfer Awareness in Lifesaving Techniques (NB -SALT) program; and c) Approve Budget Amendment No. 20-027 to increase revenue estimates by $15,000 and increase expenditure appropriations by $15,000 in Fire Department, Lifeguard Operations NB -SALT Program, 14. Annual Mayoral Appointments [241100-2050] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Confirm Mayor Will O'Neill's appointments under City Council Policy A-2, as provided in the staff report and with the Aviation Committee Vice Chair changing from Mayor Pro Tem Avery to Council Member Dixon. 15. Newport Beach Wine and Food Festival Request for Waiver of City Council Policy B-13 [100- 2020] Continue to a future City Council meeting. 16. Pulled from the Consent Calendar 17. Confirm Appointment to the Balboa Village Advisory Committee to Represent the Balboa Village Merchant Association Business Board [241100-2020] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly, and b) Confirm Mayor Will O'Neill's BVAC appointment of belly Carlson to represent the Balboa Village Merchant Association Business Board for a term that expires on December 31, 2020. Motion by Mayor Pro Tem Avery, seconded by Council Member Muldoon, to approve the Consent Calendar, except the items removed (Items 5 and 16); and noting the recusals by Council Member Muldoon on Items 6 and 7, and the continuance of item 15 and amendments to Items 1, 3 and 14. The motion carried unanimously. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Resolution No. 2020-3: Initiation of Zoning Code and LCP Amendments Related to State Mandated Regulations for ADU and JADU Regulations (PA2019-248) (100-2020] Mayor Pro Tem Avery recused himself due to a real property interest conflicts. Community Development Director Jurjis reported the intent of the item is to update the Municipal Code to comply with State law. Principal Planner Murillo utilized a presentation to define ADUS and JADUs, and summarize changes to development standards. In response to Council questions, Principal Planner Murillo advised that the regulations became effective January 1, 2020, and reported that staff is preparing the modifications and will present them to the Planning Commission during a public hearing and bring the item back to the City Council. Council Member Dixon noted the traffic and parking problems on Balboa Island during high season because there are no requirements for garage parking and reported that three State laws have been passed during her tenure on Council that tell cities how to regulate housing and land use. She indicated that ADUs should remain on the watch list. David Tanner asked about the effect of the new ordinances on short-term rentals and hotels, and if there are any plans to implement requirements beyond State compliance. Volume 64 - Page 278 10-66 City of Newport Beach Study Session and Regular Meeting January 14, 2020 Charles Klobe asked if the demolition of a single-family home and construction of three market -rate rental units would result in three units that would not count towards the RHNA numbers. Motion by Mayor O'Neill seconded by Council Member Duffield, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2026-3, A Resolution of the City Council of the City of Arewport Beach, California, Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21 Entitled "Focal Coastal Program Implementation Plan"o f the City of Newport Beach Municipal Code Related to State Mandated Regulations of Accessory Dwelling and Junior Accessory Dwelling ]'nits (PA2019-248). With Council Member Avery recusing himself, the motion carried 6-0-1. 16. Update on Addressing Homelessness [100-2020] Assistant City Manager Jacobs provided an update regarding the new panhandling signs and the addition of homeless resources and information to the website. She reported that staff is planning monthly forums or seminars on homelessness, seeking additional partnerships, and engaging with the County and its system of care. She indicated there have been a number of success stories, the goal is to house people, and staff has created an internal rapid response team comprised of all City departments. City Manager Leung added that staff is focusing on individual assistance, shelter space, and permanent supportive housing, and noted that Council will discuss homelessness in more detail during the Planning Session. She assured everyone that talks about a regional solution continue among cities. Council Member Dixon noted CityNet and staff have completed an inventory of the homeless in the community. Council Member Brenner indicated that the panhandling sign is phrased as delicately as possible, and the more the City can do to encourage people to donate to organizations that help people, the more panhandling will decrease. Mayor O'Neill indicated the Speak Up Newport presentation on homelessness can be viewed on NBTV Without objection, the item was received and filed. XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jose Trinidad Castaneda, Climate Action Campaign, shared the purpose of Community Choice Energy and its ability to help the City fulfill its emission reduction goals and reduce energy rates, and to provide more local control over the investment of revenue and energy savings. He stated that Council or individual Council Members can respond to the City of Irvine's letter in order to receive additional information. Mayor O'Neill noted that Council is interested in Community Choice Energy, but the details have to be evaluated. Ryan Reza Farsai expressed concern regarding the modern-day civil war that is taking place in the country and construction of housing on dirty property. Tim Stoaks, President of the Friends of Newport Beach Animal Shelter (FONBAS), reported they are in the process of purchasing a building for the animal shelter that would be gifted to the City and indicated they aspire to fiscally support the animal shelter. XVIII. CURRENT BUSINESS 18. Request to Waive City Council Policy L--2, Driveway Approach, at 400 401h Street - Encroachment Permit No. N2019-0620 (C-8620--1) [381100-2020] Kevin Snow and Kim Kierstead, applicants/property owners, thanked Council and staff for visiting the site, agreed with staffs recommendation to waive City Council Policy L-2, and requested that Council consider the requirement for an additional off-street parking space as an option. They noted that the Volume 64 - Page 279 10-67 Attachment F February 20, 2020 Planning Commission Staff Report o��Ep°R CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT February 20, 2020 13 Agenda Item No. 4 SUBJECT: Accessory Dwelling Unit Ordinance Update (PA2019-248) ■ Code Amendment No. CA2019-009 ■ Local Coastal Program Amendment No. LC2019-008 SITE LOCATION: Citywide APPLICANT: City of Newport Beach PLANNER: David Blumenthal, AICP, Planning Consultant 949-644-3200, dblumenthal(c)_newportbeachca.gov PROJECT SUMMARY Amendments to the Zoning Code and Local Coastal Program (LCP) revising the City's regulations pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to conform with revisions to Government Code Sections 65852.2 and 65852.22 that went into effect on January 1, 2020. Specifically, the proposed amendments would update regulations permitting the development of ADUs and JADUs in conjunction with any residential development in all residential and mixed-use zones. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; 3) Adopt Resolution No. PC2020-006 (Attachment No. PC 1) recommending the City Council approve Zoning Code Amendment No. CA2019-009 modifying regulations pertaining to accessory dwelling units; and 4) Adopt Resolution No. PC2020-007 (Attachment No. PC 2) recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019- 008 to the California Coastal Commission. 10-69 10-70 DISCUSSION Background In 2019, the California Legislature adopted another group of housing bills aimed at addressing the housing crisis. The legislature approved, and the Governor signed, SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on the City's ability to regulate ADUs and JADUs. In adopting these new regulations, the State Legislature determined that these changes are a matter of statewide concern, rather than a municipal affair. This determination allows the State to mandate charter cities implement the new ADU laws. Since AB 881 was the last chaptered bill signed by the Governor affecting Government Code Section 65852.2, it will supersede SB 13 and AB 68. However, other portions of SB 13 and AB 68, not affecting Government Code 65852.2, are still in force. The State Legislature intends to reduce regulatory barriers and costs, streamline the approval, and expand the potential capacity for ADUs in response to California's housing shortage. These changes would assist the City in meeting its allotment for the upcoming Regional Housing Needs Allocation (RHNA) cycle. Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) as of January 1, 2020, has rendered the City's ordinance regulating ADUs null and void, thereby limiting the City to the application of the few default standards provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs, unless and until a compliant ordinance is adopted. On January 14, 2020, the City Council adopted Resolution 2020-3, initiating the subject Code Amendment and LCP Amendment directing staff to draft regulations that comply with the new State regulations. Proposal In order to restore local regulations, as allowed under the new ADU laws, the City of Newport Beach needs to adopt new ADU and JADU ordinances. To accomplish this the code sections listed below will need to be amended. §20.18.020, §20.22.020, §21.18.020, and §21.22.020 — Permitted Use Tables §20.48.200 and §21.47.200 — Accessory Dwelling Units §20.70.020 and §21.70.020 — Definitions ADU vs JADU One key component of the new ADU laws is that the City is now required to allow JADUs, whereas, the City had previously prohibited them. While they are similar types of units, there are some key differences. ADUs and JADUs are both independent living units with 10-71 an exterior entrance into the unit; however, JADUs are limited to no more than 500 square feet. Additionally, JADUs are limited to an efficiency size kitchen, can have an internal access to the primary dwelling unit, and can share sanitary facilities with the primary unit. Conversely, ADUs can be up to 1,000 square feet, shall be fully self-contained (including sanitation), and may not include internal access to the primary dwelling unit. Summary of Current Regulations Under the current regulations of the Newport Beach Municipal Code (NBMC), property owners can build a single ADU on any residentially zoned property that is improved with single -unit residence. For new construction ADUs, the property must be at least 5,000 square feet in lot area, the ADU is limited to a maximum size of 750 square feet, and one additional parking space is required for the ADU. For ADU conversions of existing floor area, there is no minimum lot size, no maximum unit size, and no additional parking requirements; however, if the ADU is a garage conversion, then replacement parking is required for the displaced parking. The City also requires that the property owner live in either the principal dwelling unit or the ADU. The City's regulations do not recognize JADUs and as a result, they are prohibited. Proposed New Regulations Under the new regulations, the City must allow ADUs in all residential zones and any mixed-use zone that permits residential dwelling units. The City must also allow JADUs in any property developed with a single -unit residence. Under the proposed amendments, ADUs and JADUs will be allowed under the following four circumstances: Convert existing space in a single -unit residence to provide either an ADU or a JADU. In this case, only one ADU or JADU is allowed. 2. Convert existing space in a single -unit residence to build a JADU and construct a new detached ADU. In this case, both an ADU and JADU are allowed. 3. Convert non -habitable space, such as garages, storage rooms, etc., in a multiple - unit dwelling property into ADUs. The number of ADUs on the property may not exceed 25 percent of the total number of units. A minimum of one ADU will be allowed and JADUs are not permitted. 4. Construct two -detached ADUs on the same property as a multiple -unit dwelling. This limits the total number of ADUs for the entire property to two. JADUs are not permitted. It is important to note that for the purpose of implementing these new regulations, multiple - unit dwellings that are approved and built as a single complex are considered one property, regardless the number of parcels. 10-72 Lot and Unit Size In addition to allowing ADUs and JADUs in the residential zones, the new State regulations eliminate minimum lot size, thus providing the potential to construct either an ADU or JADU on every residential property in the City. The State has included several provisions that regulate unit size of ADUs and JADUs. The City is required to allow ADUs and JADUs that qualify as efficiency units under the building code. In these cases, the units can be as small as 220 square feet. Additionally, the City cannot apply floor area limits or site coverage requirements if it prevents a minimum 800 square foot ADU. Under State law, the maximum unit size for an attached ADU is 50 percent of the primary dwelling; while a detached ADU has a maximum size of 1,200 square feet. However, with adopting a local ordinance, the City may apply a smaller maximum size of an ADU. The smallest maximum size of an ADU that City may establish is 850 square feet for studios and one -bedroom and 1,000 square feet for two-bedroom. The size of JADUs cannot exceed 500 square feet. Parking The new State ADU laws allow the City to require one parking space for all new ADUs, but prohibit parking requirements for JADUs. However, the City is required to waive the ADU parking requirement in the following circumstances: • The ADU is located within one-half ('/2) mile walking distance to a transit stop; • The ADU is located within one (1) block of a designated car share pick up and drop off location; • The ADU is located within an architecturally and historically significant historic district; • The ADU is proposed to be converted from the existing space entirely within the primary dwelling unit or an existing accessory structure; or • The ADU is located in a permit parking area where on -street parking permits are required, but not offered to the occupant(s) of the accessory dwelling unit. While these exceptions are currently provided in the Newport Beach Municipal Code, the State clarified a transit stop is a fixed route bus, train, or subway that is open to the public and charges set fares. The State further clarified that the one-half ('/2) mile distance is a walking distance, not based on a radius. An approximation of these areas is attached as Attachment No. PC 3. If an owner wishes to convert their existing garage to an ADU, the new ADU laws prevent the City from requiring replacement parking for the garage spaces lost to the conversion. This allowance does not apply to JADUs, which must provide replacement parking if they convert a garage. Coastal Commission staff has expressed a concern that converting garages and not providing replacement parking could impact the public parking supply in the Coastal Zone thereby impacting public access. This would potentially make the 10-73 garage conversion portions of the ADU law inconsistent with the Coastal Act. The new ADU laws specifically state, "Nothing [in the new laws] shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976..." Accordingly, the proposed amendment to Title 21 requires replacement parking for any garage, carport, or other covered parking that is converted to an ADU. This replacement parking requirement of the proposed ordinance only affects properties within the Coastal Zone. Owner -Occupant The City had previously required the property owner live in either the primary unit or the ADU. Under the new State requirements, this rule is temporarily suspended for five years. For ADUs built between January 1, 2020, through January 1, 2025, the City is not permitted to impose an owner -occupant requirement. This does not void previous covenants requiring owner -occupants for the ADUs that were built prior to January 1, 2020, nor will it prevent the City from requiring owner -occupants for units built after January 1, 2025. Notwithstanding this, an owner -occupant is required for residences developed with JADUs. Comparison of Regulations In addition to the items discussed above, the new ADU laws provide a greater height and, in some cases, reduced setbacks for detached units. The new ADU laws also provide the State new tools to enforce compliance with Government Code Sections 65852.2 and 65852.22. A summary of the proposed changes is as follows in Table 1: Table 1 - Accessory Dwelling Units Development Standards Standard Newport Beach Municipal Code vs New State ADU Law Location Existing NBMC: Residentially zoned property improved with a single -unit residence. New State ADU Law: Any property improved with a single - unit, multiple -unit, or mixed-use development. Number of Units Existing NBMC: On residentially zoned property developed Allowed with a single -unit dwelling, one ADU only. New State ADU Law: On single -unit developed properties, one ADU and one JADU. On multiple -unit and mixed-use developed properties, up to 25 percent of the existing units (minimum one allowed). Minimum Lot Size Existing NBMC: 5,000 square feet. 10-74 10-75 New State ADU Law: No minimum lot size. Maximum Unit Size Existing NBMC: ADU = 750 square feet. New State ADU Law: ADU = 850 square feet for studios and one- bedroom units and 1,000 square feet for two-bedroom units; JADU = 500 square feet. Setbacks Existing NBMC: For garage conversions, no additional setback is required, beyond what is currently provided. For ADUs above the garage a five-foot side and rear setback is required. For all others, setbacks are per the zoning code requirement for the base zone. New State ADU Law: For conversion and replacement of existing structures, no additional setback is required, beyond what is currently provided. Front setbacks are per the zoning code requirement for the base zone. Side and rear setbacks are per the zoning code requirement for the base zone or four feet, whichever is less. Height Existing NBMC: For attached units or units above garages, the height is per the zoning code requirement for the base zone. For detached units, the maximum height is 14 feet. New State ADU Law: For attached units or units above garages, the height is per the zoning code requirement for the base zone. For detached units, the maximum height is 16 feet. 10-75 Parking Existing NBMC: One space per unit, except if property is: 1) located within one-half (1/2) mile of a major transit stop; 2) located within one (1) block of a designated car share pick up and drop off location; 3) located within an architecturally and historically significant historic district; 4) proposed to be converted from the existing space entirely within the primary dwelling unit or an existing accessory structure; or 5) located in a permit parking area where on -street parking permits are required, but not offered to the occupant(s) of the accessory dwelling unit. New State ADU Law: For JADU, no parking is required. For ADU, one space per unit, with the same exceptions described above; however, exception 1) has been changed to located within one-half (1/2) mile walking distance of public transit. Garage Existing NBMC: When garage, carport, or covered parking is Conversions replaced/converted to ADU, parking shall be replaced in any configuration on the same lot. New State ADU Law: If garage, carport, or covered parking is replaced/converted to ADU, no replacement parking is required. However, due to a potential inconsistency with the Coastal Act related to public access, the proposed code amendment does require replacement parking for properties within the coastal zone. Owner -Occupancy Existing NBMC: The property owner shall live in either the Requirement primary residence or the ADU. New State ADU Law: For ADU, the property owner shall live in either the primary residence or the ADU. For JADU, the property owner shall live in the primary residence. However, this rule is suspended for ADUs created between 1/1/2020 and 1/1/2025, during which time no owner -occupancy requirements are required. 10-76 State Department of Housing and Community Development (HCD) Review Paragraph (h) of Government Code Section 65852.2 requires the City submit the ordinance to the State Department of Housing and Community Development (HCD) within 60 days of adoption. Should the City Council approve the proposed ordinance to amend Title 20, staff will forward the ordinance to HCD for review. If HCD finds the ordinance does not comply with the new ADU laws, HCD will notify the City. Should this occur, the City would have 30 days to either amend the ordinance or adopt additional findings that explain the reason the ordinance complies with the statute. Since the amendment to Title 21 requires Coastal Commission approval, the ordinance amending Title 21 will be submitted to HCD after the Coastal Commission process is complete. General Plan Consiste The law states that ADUs shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed a residential use that is consistent with the existing general plan and zoning district for the lot. Therefore, no amendments to the General Plan are required. Local Coastal Plan Similar to the Zoning Code, the Implementation Plan of the Local Coastal Program (LCP) currently regulates ADUs inconsistent with State law. Therefore, subsequent to City Council adoption of this Zoning Code Amendment, staff will submit corresponding amendments (Attachment No. PC2) to the LCP for review and approval of the California Coastal Commission. In accordance with California Coastal Commission Guidance Memorandums, 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. Relationshib to Reaional Housina Needs Assessment (RHNA ADUs and JADUs will count towards the City's housing production in meeting RHNA housing targets. Given the extraordinary and unprecedented high RHNA allocation (approximately 4,832 units) that is anticipated for the upcoming 2021-2029 Housing Element planning period, staff anticipates using ADUs as a strategy in identifying to HCD that the City has adequate sites and capacity to meet the allocation. Government Code Sections 65852.2(m) and 65583.1 provide HCD full discretion in determining how ADUs and JADUs count towards meeting RHNA. In the past, HCD has relied heavily on past production to illustrate anticipated future production and current State regulations identify past production as one of several factors to determine ADUs to satisfy a portion of RHNA. In most cities and counties including Newport Beach, regulations for ADUs were much more restrictive before recent changes in law were adopted. Therefore, Staff believes that past production should not be utilized as the most important factor in estimating future 10-77 ADU development for RHNA. Should the City promote ADU and JADU development, production may increase and the City could rely more heavily on them to meet the City's RHNA. HCD has indicated that they are in the process of preparing a memorandum to provide cities and counties guidance on how ADUs may be utilized in identifying adequate sites in this upcoming Housing Element update. Abilities for Homeowner's Association (HOA,) to Regulate In addition to the aforementioned State laws that prescribe the regulations the City must implement, the State also enacted AB 670 (Chapter 178, Statutes of 2019). AB 670 deems any CC&R recorded to a property that is zoned for single -unit residential uses and prohibits, or unreasonably restricts, ADUs or JADUs null and unenforceable. This effectively eliminates an HOA's ability to prohibit ADUs and JADUs in the R -A (Residential -Agricultural), R-1 (Single -Unit Residential), and equivalent planned community zoning districts. These State laws do not apply to R-2 or multi -family zones so theoretically an HOA could enforce private CC&Rs; however, the State Legislature could expand the prohibition to all residential zones if a significant impediment to ADU and JADU production resulted. Capacity to Accommodate ADUs and JADUs Citywide Since ADUs are now permitted on all residential properties and in some cases multiple ADUs and/or JADUs can be provided, it is undetermined as to the maximum number of ADUs and JADUs that could be constructed. While staff does anticipate an initial influx of units, the submittals can be expected to taper off. It is highly unlikely and speculative that every property in the City will construct an ADU and/or JADU. ADUs and JADUs will be reviewed much like any room addition or new house. Staff will continue to monitor all new construction to ensure that the City's infrastructure is not impacted. Alf nrnnfivac The Planning Commission may recommend revisions to the draft ordinance provided the revisions are consistent with State law and are not more restrictive than the State's allowance. Noncompliance with State law will render the City's ADU ordinance null and void, thus requiring the City to utilize the State's more lenient ADU standards until the City modifies it regulation appropriately. 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 10-78 provisions of Sections 65852.1 and 65852.2 of the Government Code" are exempt from the requirements of CEQA. Similarly, the ministerial approval of ADUs would not be a project for CEQA purposes, and environmental review would not be required prior to approving individual applications. Public Notice Notice of this amendment was published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. 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. Prepared by: David Blumenthal, AICP Planning Consultant ATTACHMENTS Submitted by: Jim Campbell Deputy Community Development Director PC 1 Draft resolution recommending approval of Zoning Code Amendment No. CA2019-009 PC 2 Draft resolution recommending approval of submission of Local Coastal Program Amendment No. LC2019-008 PC 3 Public Transit Stops and '/2 mile radius PC 4 NBMC Title 20 (Planning and Zoning), proposed redlined code changes PC 5 NBMC Title 21 (Local Coastal Program Implementation Plan), proposed redlined code changes 10-79 Attachment G Comparison State ADU Law vs Proposed NBMC 10-80 Standard State ADU Law Proposed NBMC Modifications Allowed Zone Any zone that allows residential dwelling units Allowed in the following zones: R -A, R- No 1, R -BI, R-2, RM, RMD, MU -V, MU -MM, MU -DW, MU -CV, MU -W1, AND MU -W2 Number of Single -Family: One ADU and one JADU One ADU and one JADU No Units Allowed Multi -Family: 25% of the existing units 25% of the existing units No City can allow additional units No additional units allowed Yes Minimum Lot No minimum lot size Minimum lot size eliminated No Size Maximum Unit JADU: 500 square feet 500 square feet No Size One Bedroom 1,200 square feet 850 square feet Yes, but must allow 850 square feet Two Bedroom 1,200 square feet 1,000 square feet Yes, but must allow 1,000 square feet Front Setback Per base zone Per base zone Side and Rear Attached Unit: Sufficient for Fire and Safety Per base zone Yes, proposed to Setback maintain base zoning for compatibility Detached Unit: Four feet Four Feet No 10-81 Standard State ADU Law Proposed NBMC Modifications Allowed Parking JADU: No parking required No parking required No ADU: One space per unit, but can One space per unit No, however, set lower ordinance prohibits parking in alley setbacks for traffic safety Height Attached: Per base zone Per base zone No Detached: 16 feet 16'— Except if built above a detached Yes, but must garage, in which case the height is per allow 16 feet base zone provided that all setbacks and parking is met. Garage Non -Coastal: No replacement parking No replacement parking required No Conversions required Coastal: No replacement parking Replacement parking required to Yes, does not required minimize impacts to public parking and supersede coastal access Coastal Act Owner JADU: Owner to live in either unit Owner to live in either unit No Occupancy ADU: Not allowed until 1/1/2025 Not allowed until 1/1/2025 No Short term May allow Prohibited Yes rentals Design None Shall be similar to principal dwelling Yes with respect to architectural style, roof pitch, color, and materials 10-82 Attachment H Planning Commission Resolution No. PC2020-006 10-83 RESOLUTION NO. PC2020-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL REVIEW ZONING CODE AMENDMENT NO. CA2019-009 TO IMPLEMENT NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS (PA2019-248) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. In 2019, the California Legislature adopted, and the Governor signed, SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other things, amended Government Code Section 65852.2 and 65852.22 to impose new limits on the City to regulate Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). 2. Government Code Sections 65852.2 and 65852.22 authorize cities to act by ordinance to provide for the creation and regulation of ADUs and JADUs. 3. The ADU and JADU regulations took effect January 1, 2020, and since the City of Newport Beach's (City) existing ADU ordinance does not comply with the Government Code Sections 65852.2 and 65852.22, the City's ordinance has been deemed null and void effective that date. 4. The City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22 (Zoning Code Amendment). 5. ADUs and JADUs provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. In addition, homeowners who construct ADUs and JADUs benefit from added income and increased sense of security. 6. Allowing ADUs and JADUs in conjunction with existing or proposed residential development provides additional rental housing stock, some of which will satisfy the City's 6th Cycle Regional Housing Needs Assessment (RNHA). 7. ADUs and JADUs offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. 8. A public hearing was held on February 20, 2020, 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 California Government Code Section 54950 et seq. and Chapters 20.62 and 21.62 of the Newport Beach Municipal Code (NBMC). 10-84 Planning Commission Resolution No. PC2020-006 Paae 2 of 12 Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Zoning Code Amendment is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which states the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units is not a project for CEQA purposes, and environmental review is not required prior to approving individual applications. SECTION 3. FINDINGS. 1. Adopting an ordinance consistent with Government Code Sections 65852.2 and 65852.22 ensures that the character of the City is preserved to the maximum extent possible and that the City's regulation regarding accessory dwelling units and junior accessory dwelling units continues to promote the health, safety, and welfare of the community. 2. As permitted by California Government Code Section 65852.2, the City finds that prohibiting parking in rear alley setbacks is essential to preserve vehicular maneuverability for residents and fire and life safety personnel traveling through the City's narrow alleyways. Also, prohibiting parking in front setbacks, unless located on a driveway a minimum 20 feet in depth, is also essential to ensure that driveways are of sufficient depth to accommodate a vehicle entirely on-site without protruding into the public right-of-way and blocking pedestrian, bicyclist, and vehicular traffic creating a life safety condition. 3. The City is a coastal community with numerous coastal resources that attract over seven million annual visitors. This includes public beaches, Newport Harbor, Balboa Peninsula, Balboa Island, and Newport Bay. The number of annual visitors, coupled with historic development patterns of the City, has created a significant impact on the limited parking supply. The loss of off-street parking on residential lots would exacerbate the continual public parking problems in the Coastal Zone, as it shifts residential parking from on-site to on -street. Government Code Section 65852.2(a)(1)(D)(xi) notes that off-street parking shall not be required to be replaced when a garage, carport, or other covered parking is converted to an ADU or JADU. Notwithstanding this, Government Code Section 65852.2(1) notes, "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 of 1976..." The elimination of off-street parking in residential properties within the Coastal Zone would create a significant impact to public parking and limit visitor access to coastal resources. In order to preserve the limited parking supply and ensure this amendment is consistent with the Coastal Act, replacement parking for conversion of garages, carports, and other covered parking is needed. 10-85 Planning Commission Resolution No. PC2020-006 Paqe 3 of 12 4. An amendment to the Local Coastal Program (LCP) is also underway to comply with State law. The subject Zoning Code Amendment shall not become effective for projects located in the coastal zone until approval of the subject LCP amendment by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. 5. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends to the City Council review Code Amendment No. CA2019-009 as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY 2020. AYES: Ellmore, Klaustermeier, Koetting, Rosene, and Weigand NOES: Lowrey ABSTAIN: ABSENT: Kleiman 10-86 Planning Commission Resolution No. PC2020-006 Page 4 of 12 EXHIBIT "A" ZONING CODE AMENDMENT NO. CA2019-009 Section 1: Table 2-1 in Newport Beach Municipal Code (NBMC) Section 20.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: Land Use See Part 7 of this title for land use definitions. R -BI RM Specific Use P c See Chapter 20.12 for unlisted uses. R -A R-1** R-2 RMD Regulations Residential Uses Accessory Dwelling Units and Junior P P P I P Section 20.48.200 Accessory Units Section 2: Tables 2-8 and 2-9 in NBMC Section 20.22.020(C) (Allowed Uses and Permit Requirements) are amended to add the following use: TABLE 2-8 ALLOWED USES AND PERMIT REQUIREMENTS Land Use See Part 7 of this title for land use See Part 7 of this title for definitions. MU -W1 land use definitions. (5 )(6) MU -W2 Specific Use Regulations Residential Uses Accessory Dwelling Units and Junior MU-CV/15th Specific Use See Chapter 20.12 for -Accessory Units unlisted uses. MU -V MU -MM 6 MU -DW St.(7) Regulations Residential Uses Accessory Dwelling Units and P P P P Section 20.48.200 Junior Accessory Units TABLE 2-9 ALLOWED USES AND PERMIT REQUIREMENTS Land Use See Part 7 of this title for land use definitions. MU -W1 See Chapter 20.12 for unlisted uses. (5 )(6) MU -W2 Specific Use Regulations Residential Uses Accessory Dwelling Units and Junior P P Section 20.48.200 -Accessory Units 10-87 Planning Commission Resolution No. PC2020-006 Paqe 5 of 12 Section 3: NBMC Section 20.48.200 (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 and junior accessory dwelling units, as defined in Part 7 of this title (Definitions) and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for residential use, including 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. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be: 1. Deemed to be inconsistent with the General Plan and zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 3. Considered in the application of any ordinance, policy, or program to limit residential growth; or 4. Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to a Zoning Clearance and the following conditions: There is an existing or proposed dwelling unit on the lot; 2. The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section; and 3. The Zoning Clearance letter shall be considered and approved ministerially, without discretionary review or a hearing, within 60 -days from the date that the City receives a completed application, unless either: a. The applicant requests a delay, in which case the 60 -day time period is tolled for the period of the requested delay, or b. In the case of an accessory dwelling unit and/or junior accessory dwelling unit is submitted with a permit application to create a new single -unit dwelling on the lot, Planning Commission Resolution No. PC2020-006 Paqe 6 of 12 the City may delay acting on the accessory dwelling unit and/or junior accessory dwelling until the City renders a decision on the new single-family dwelling application. D. Accessory Dwelling Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any residential lot. Unless specified below, only one (1) category may be used per lot. 1. Converted - Single -Unit Dwelling: Only one (1) accessory dwelling unit or one (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling on it, subject to the following.- a. ollowing: a. The accessory dwelling unit or junior accessory dwelling unit is proposed: Within the space of a proposed single -unit dwelling; Within the existing space of an existing single -unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of up to 150 square feet if the expansion is limited to accommodating ingress and egress. b. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior access from the single -unit dwelling. c. Has side and rear setbacks sufficient for fire and safety, as required by Title 9 (Fire Code) and Title 15 (Buildings and Construction) of this Code. 2. Detached/Attached - Single -Unit Dwelling: One (1) detached or one (1) attached, new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. A detached, new -construction accessory dwelling unit may also be permitted in addition to any junior accessory dwelling unit that might otherwise be established on the lot under subsection (D)(1). 3. Converted - Multi -Unit Dwelling: Multiple accessory dwelling units may be permitted on lots with existing multi -unit dwellings, subject to the following: a. The number of accessory dwelling units that may be allowed shall not exceed twenty five (25) percent of the existing multi -unit dwellings on the lot. For the purpose of calculating the number of allowable accessory dwelling units, the following shall apply: i. Previously approved accessory dwelling units shall not count towards the existing multi -unit dwellings; ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least that one (1) accessory dwelling unit shall be allowed, and Planning Commission Resolution No. PC2020-006 Paae 7 of 12 iii. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one lot, regardless of the number of parcels. b. The portion of the existing multi -unit dwelling that is to be converted is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. 4. Detached - Multi -Unit Lot: Up to two (2) detached, new -construction accessory dwelling units may be permitted on a lot that has an existing multi -unit dwelling. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one lot, regardless of the number of parcels. E. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning) of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria. 1. Minimum Lot Area. There shall be no minimum lot area required in order to establish an accessory dwelling unit and/or junior accessory dwelling unit. 2. Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below: a. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback. b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing provided setback. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint that does not exceed the existing structure's size and/or height. c. Newly constructed detached accessory dwelling units may provide a minimum setback of four (4) feet from all side and rear property lines. 3. Building Height. Detached accessory dwelling units shall not exceed one (1) story and a height of sixteen (16) feet. EXCEPTION: An accessory dwelling unit constructed above a detached garage shall not exceed two (2) stories and the maximum allowable height set forth in the underlying zoning district, provided that both of the following criteria are met- a. The accessory dwelling unit meets the minimum setbacks, as required by underlying zoning district; and 10-90 Planning Commission Resolution No. PC2020-006 Page 8 of 12 b. The primary dwelling unit complies with parking standards set forth in NBMC Section 20.40.040. 4. Unit Size a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one (1) bedroom unit and 1,000 square feet for a unit with two (2) bedrooms. No more than two (2) bedrooms are allowed. b. An attached accessory dwelling unit that is created on a lot with an existing single -unit dwelling is further limited to 50 percent of the floor area of the existing dwelling. c. Application of Sections 20.48.200(E)(4)(a) and 20.48.200(E)(4)(b) shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure. d. Application of Section 20.48.200(E)(4)(b) or other development standards, such as floor area limit or site coverage, might further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than 800 square feet. e. The maximum size of a junior accessory dwelling unit is 500 square feet. f. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit. 5. Design. An accessory dwelling unit and/or junior accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. 6. Fire Sprinklers. Accessory dwelling units and/or junior accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the principal residence. 7. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior 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. 8. Parking. Parking shall comply with requirements of Chapter 20.40 (Off -Street Parking), except as modified below: a. No additional parking shall be required for junior accessory dwelling units. b. A maximum of one (1) parking space shall be required for each accessory dwelling unit. 10-91 Planning Commission Resolution No. PC2020-006 Paae 9 of 12 c. When additional parking is required, the 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 or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet. d. No additional parking shall be required for: i. Accessory dwelling units converted as part of a proposed or existing space of a principal residence or existing accessory structure; ii. Accessory dwelling units located within one-half mile walking distance of a public transit. For the purposes of this section "public transit" shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public; iii. Accessory dwelling units located within an architecturally and historically significant historic district; iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or V. When there is a car -share vehicle located within one (1) 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 ten (10) years and available to the public. e. No Replacement Parking Necessary. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. Refer to Section 21.48.200(F)(8)(e) for replacement parking in the Coastal Zone. F. Utility Connection. 1. Connection Required. All accessory dwelling units and junior accessory dwelling units must be connected to public utilities (or their equivalent), including water, electric, and sewer services. 2. Fees. Except as provided in subsection (F)(3) below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values. 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit dwelling, unless the accessory dwelling unit being constructed in connection with a new single -unit dwelling. 10-92 Planning Commission Resolution No. PC2020-006 Paqe 10 of 12 4. Septic Systems. If the primary dwelling unit is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, the accessory dwelling unit or junior accessory dwelling may connect to the onsite waste water -treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years. G. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units. 1. No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single unit dwelling) or from the lot and all of the dwellings (in the case of a multi- unit dwelling). 2. Short -Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less. 3. Owner -Occupancy. a. Accessory dwelling unit. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any accessory dwelling unit that is permitted in accordance with this section between January 1, 2020 and January 1, 2025. b. Junior accessory dwelling unit. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization. H. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit and/or junior 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, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot. I. Fees. 1. Impact Fees. a. No impact fee as required by this Code is required for an accessory dwelling unit and or junior accessory dwelling unit that is less than 750 square feet in size. 10-93 Planning Commission Resolution No. PC2020-006 Page 11 of 12 b. Any impact fee that is required for an accessory dwelling unit that is 750 square feet or larger shall be assessed proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the accessory dwelling unit, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) c. For the purposes of this section, "Impact fee" does not include any connection fee, capacity charge for water or sewer service, planning application fee, plan check fee, or building permit fee. 2. Utility Fees. Owner shall pay all required utility connection fees, unless a new utility connection is not provided between the accessory dwelling unit or junior accessory dwelling unit permitted and the utility. J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable. Section 4: The following definitions listed in the alphabetical list of definitions contained in NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases) are amended to read as follows: "Accessory Dwelling Unit (Land Use)." See "Dwelling unit, accessory (land use)." "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code, or any successor statute. Section 5: The following definitions shall be added to the alphabetical list of definitions contained in NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases) and shall read as follows: "Dwelling unit, junior accessory (land use)" means a dwelling unit accessory to and entirely contained within, an existing or proposed single -unit dwelling, and that: 1. Is no more than 500 square feet in size, 10-94 Planning Commission Resolution No. PC2020-006 Paqe 12 of 12 2. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single -unit dwelling; and 3. Includes an efficiency kitchen. "Junior Accessory Dwelling Unit (Land Use)". See "Dwelling unit, junior accessory (land use)". 10-95 Attachment I Planning Commission Resolution No. PC2020-007 10-96 RESOLUTION NO. PC2020-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL AUTHORIZE STAFF TO SUBMIT LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-008 TO THE CALIFORNIA COASTAL COMMISSION IMPLEMENTING NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS (PA2019-248) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. In 2019, the California Legislature adopted, and the Governor signed, SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other things, amended Government Code Section 65852.2 and 65852.22 to impose new limits on the City to regulate Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). 2. Government Code Sections 65852.2 and 65852.22 authorize cities to act by ordinance to provide for the creation and regulation of ADUs and JADUs. 3. The ADU and JADU regulations took effect January 1, 2020, and since the City of Newport Beach's (City) existing ADU ordinance does not comply with the Government Code Sections 65852.2 and 65852.22, the City's ordinance has been deemed null and void effective that date. 4. The City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22 (LCP Amendment). 5. ADUs and JADUs provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. In addition, homeowners who construct ADUs and JADUs benefit from added income and increased sense of security. 6. Allowing ADUs and JADUs in conjunction with existing and proposed residential development provides additional rental housing stock, some of which will satisfy the City's 6th Cycle Regional Housing Needs Assessment (RNHA). 7. ADUs and JADUs offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character. 8. Pursuant to Section 13515 of the California Code of Regulations, review of the draft LCP Amendment was made available and a Notice of the Availability was distributed a minimum of six (6) weeks prior to the anticipated final action date. 10-97 Planning Commission Resolution No. PC2020-007 Paae 2 of 12 9. A public hearing was held on February 20, 2020, 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 California Government Code Section 54950 et seq. and Chapters 20.62 and 21.62 of the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This LCP Amendment is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which states the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units is not a project for CEQA purposes, and environmental review is not required prior to approving individual applications. SECTION 3. FINDINGS. 1. Adopting an ordinance consistent with Government Code Sections 65852.2 and 65852.22 ensures that the character of the City is preserved to the maximum extent possible and that the City's regulation regarding accessory dwelling units and junior accessory dwelling units continues to promote the health, safety, and welfare of the community. 2. As permitted by California Government Code Section 65852.2, the City finds that prohibiting parking in rear alley setbacks is essential to preserve vehicular maneuverability for residents and fire and life safety personnel traveling through the City's narrow alleyways. Also, prohibiting parking in front setbacks, unless located on a driveway a minimum 20 feet in depth, is also essential to ensure that driveways are of sufficient depth to accommodate a vehicle entirely on-site without protruding into the public right-of-way and blocking pedestrian, bicyclist, and vehicular traffic creating a life safety condition. 3. The City of Newport Beach is a coastal community with numerous coastal resources that attract over seven million (7,000,000) annual visitors. This includes public beaches, Newport Harbor, Balboa Peninsula, Balboa Island, and Newport Bay. The number of annual visitors, coupled with historic development patterns of the City, has created a significant impact on the limited parking supply. The loss of off-street parking on residential lots would exacerbate the continual public parking problems in the Coastal Zone, as it shifts residential parking from on- site to on -street. Government Code Section 65852.2(a)(1)(D)(xi) notes that off-street parking shall not be required to be replaced when a garage, carport, or other covered parking is converted to an ADU or JADU. Notwithstanding this, Government Code Section 65852.2(1) notes, "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 of 1976..." Planning Commission Resolution No. PC2020-007 Paae 3 of 12 The elimination of off-street parking in residential properties within the Coastal Zone would create a significant impact to public parking and limit visitor access to coastal resources. In order to preserve the limited parking supply and ensure this amendment is consistent with the Coastal Act, replacement parking for conversion of garages, carports, and other covered parking is needed. 4. The LCP Amendment shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. 5. The LCP, including the LCP Amendment, will be carried out fully in conformity with the California Coastal Act. 6. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-008, as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference, to the California Coastal Commission. PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY 2020. AYES: Ellmore, Klaustermeier, Koetting, Rosene and Weigand NOES: Lowrey ABSTAIN: ABSENT: Kleiman 10-99 Planning Commission Resolution No. PC2020-007 Paae 4 of 12 EXHIBIT "A" LOCAL COASTAL PLAN AMENDMENT NO. LC2019-008 Section 1: Table 21.18-1 in Newport Beach Municipal Code (NBMC) Section 21.18.020(C) (Allowed Uses) is amended, in part to the Accessory Dwelling Units" row as follows: Land Use Mixed -Use Zoning Districts TABLE 21.22-1 ALLOWED USES See Part 7 of this Implementation Allowed — Not Allowed* Land Use Plan for land use definitions. MU - R -BI See Part 7 of this Implementation Plan for land use MU -V See Chapter 21.12 for unlisted I R-1 R-2RM (6) Specific Use uses. R -A R-1-6,000 R-2-6,000 RM -6,000 Re ulations Residential Uses Accessory Dwelling Units and P P P P Section Junior Accessory Units 21.48.200 Section 2: Tables 21.22-1 and 21.22-2 in NBMC Section 21.22.020 (Mixed -Use Coastal Zoning Districts Land Uses and Permit Requirements) are amended to add the following uses: 10-100 Mixed -Use Zoning Districts TABLE 21.22-1 ALLOWED USES A Allowed — Not Allowed* Land Use MU - See Part 7 of this Implementation Plan for land use MU -V MU -MM CV/15th Specific Use definitions. (6) (4) Regulations See Chapter 21.12 for unlisted uses. St. (5)(6) Residential Uses Accessory Dwelling Units and Junior Accessory Units A A A Section 21.48.200 10-100 Planning Commission Resolution No. PC2020-007 Paae 5 of 12 Section 3: NBMC Section 21.48.200 (Accessory Dwelling Units) is amended in its entirety to read as follows: 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 and junior accessory dwelling units, as defined in Part 7 of this title (Definitions) and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for residential use, including 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. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be: 1. Deemed to be inconsistent with the Coastal Land Use Plan and coastal zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling units is located; 2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 3. Considered in the application of any ordinance, policy, or program to limit residential growth; or 4. Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to a Zoning Clearance and the following conditions: There is an existing or proposed dwelling unit on the lot, 10-101 Mixed -Use Coastal Zoning Districts TABLE 21.22-2 ALLOWED USES A Allowed — Not Allowed Land Use See Part 7 of this Implementation Plan for land use definitions. MU -W1 MU -W2 Specific Use See Chapter 21.12 for unlisted uses. (3) (5) Regulations Residential Uses Accessory Dwelling Units and Junior Accessory Units A A Section 21.48.200 Section 3: NBMC Section 21.48.200 (Accessory Dwelling Units) is amended in its entirety to read as follows: 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 and junior accessory dwelling units, as defined in Part 7 of this title (Definitions) and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for residential use, including 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. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be: 1. Deemed to be inconsistent with the Coastal Land Use Plan and coastal zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling units is located; 2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 3. Considered in the application of any ordinance, policy, or program to limit residential growth; or 4. Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to a Zoning Clearance and the following conditions: There is an existing or proposed dwelling unit on the lot, 10-101 Planning Commission Resolution No. PC2020-007 Paae 6 of 12 2. The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section; and 3. The zoning clearance letter shall be considered and approved ministerially, without discretionary review or a hearing, within 60 -days from the date that the City receives a completed application, unless either: a. The applicant requests a delay, in which case the 60 day time period is tolled for the period of the requested delay, or b. In the case of an accessory dwelling unit and/or junior accessory dwelling unit is submitted with a permit application to create a new single -unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or junior accessory dwelling until the City renders a decision on the new single-family dwelling application. 4. The applicant shall obtain a Coastal Development Permit, pursuant to Chapter 21.52, unless otherwise exempt or excluded from the Coastal Development Permit process. D. Coastal Development Permits. 1. Hearing Exemption. All of the provisions of Chapter 21.52 regarding the review and approval of coastal development permits in relation to accessory dwelling units are applicable, except that a public hearing as required by Chapter 21.62 shall not be required. Public notice shall be provided as required in Section 21.62.020, except the requirements of Section 21.62.020(A) shall be replaced with a statement that no local public hearing will be held and that written comments on the proposed development may be submitted. 2. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64, coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealed 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. E. Accessory Dwelling Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any residential lot. Unless specified below, only one (1) category may be used per lot. 1. Converted - Single -Unit Dwelling: Only one (1) accessory dwelling unit or one (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling on it, subject to the following: a. The accessory dwelling unit or junior accessory dwelling unit is proposed: Within the space of a proposed single -unit dwelling; or 10-102 Planning Commission Resolution No. PC2020-007 Paae 7 of 12 ii. Within the existing space of an existing single -unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of up to 150 square feet if the expansion is limited to accommodating ingress and egress. b. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior from the single -unit dwelling. c. Has side and rear setbacks sufficient for fire and safety, as required by Title 9 (Fire Code) and Title 15 (Buildings and Construction) of this Code. 2. Detached/Attached - Single -Unit Dwelling: One (1) detached, new - construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. A detached, new -construction accessory dwelling unit may also be permitted in addition to any junior accessory dwelling unit that might otherwise be established on the lot under subsection (D)(1). 3. Converted - Multi -Unit Dwelling: Multiple accessory dwelling units may be permitted on lots with existing multi -unit dwellings, subject to the following: a. The number of accessory dwelling units that may be allowed shall not exceed twenty five (25) percent of the existing multi -unit dwellings on the lot. For the purpose of calculating the number of allowable accessory dwelling units, the following shall apply: i. Previously approved accessory dwelling units shall not count towards the existing multi -unit dwellings; ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least that one accessory dwelling unit shall be allowed; and iii. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one lot, regardless of the number of parcels b. The portion of the existing multi -unit dwelling that is to be converted is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. 4. Detached - Multi -Unit Lot: Up to two (2) detached, new -construction accessory dwelling units may be permitted on a lot that has an existing multi -unit dwelling. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one lot, regardless of the number of parcels. F. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal 10-103 Planning Commission Resolution No. PC2020-007 Paae 8 of 12 Program Implementation Plan) of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria. 1. Minimum Lot Area. There shall be no minimum lot area required in order to establish an accessory dwelling unit and/or junior accessory dwelling unit. 2. Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below: a. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback. b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing provided setback. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint that does not exceed the existing structure's size and/or height. c. Newly constructed detached accessory dwelling units may provide a minimum setback of four (4) feet from all side and rear property lines. 3. Building Height. Detached accessory dwelling units shall not exceed one (1) story and a height of sixteen (16) feet,. EXCEPTION: An accessory dwelling unit constructed above a detached garage shall not exceed two (2) stories and the maximum allowable height set forth in the underlying zoning district, provided that both of the following criteria are met: a. The accessory dwelling unit meets the minimum setbacks, as required by underlying zoning district; and b. The primary dwelling unit complies with parking standards set forth in NBMC Section 20.40.040. 4. Unit Size. a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one -bedroom unit and 1,000 square feet for a unit with two (2) bedrooms. No more than two (2) bedrooms are allowed. b. An attached accessory dwelling unit that is created on a lot with an existing single -unit dwelling is further limited to 50 percent of the floor area of the existing dwelling. c. Application of Sections 20.48.200(E)(4)(a) and 20.48.200(E)(4)(b) shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure. 10-104 Planning Commission Resolution No. PC2020-007 Paqe 9 of 12 d. Application of Section 21.48.200(E)(4)(b) or other development standards, such as floor area limit or site coverage, might further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than 800 square feet. e. The maximum size of a junior accessory dwelling unit is 500 square feet. f. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit. 5. Design. An accessory dwelling unit and/or junior accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. 6. Fire Sprinklers. Accessory dwelling units and/or junior accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the principal residence. 7. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior 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. 8. Parking. Parking shall comply with requirements of Chapter 21.40 (Off -Street Parking), except as modified below: a. No additional parking shall be required for junior accessory dwelling units. b. A maximum of one (1) parking space shall be required for each accessory dwelling unit. c. When additional parking is required, the 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 or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet. d. No parking shall be required for: i. Accessory dwelling units converted as part of a proposed or existing space of principal residence or existing accessory structure; ii. Accessory dwelling units located within one-half mile walking distance of a public transit. For the purposes of this section "public transit" shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public; iii. Accessory dwelling units located within an architecturally and historically significant historic district; 10-105 Planning Commission Resolution No. PC2020-007 Paae 10 of 12 iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or 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 ten (10) years and available to the public. e. If an accessory dwelling unit replaces an existing garage, replacement spaces shall 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. G. Utility Connection. 1. Connection Required. All accessory dwelling units and junior accessory dwelling units must be connected to public utilities (or their equivalent), including water, electric, and sewer services. 2. Fees. Except as provided in subsection (G)(3) below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values. 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit dwelling, unless the accessory dwelling unit being constructed in connection with a new single -unit dwelling. 4. Septic Systems. If the primary dwelling unit is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, the accessory dwelling unit or junior accessory dwelling may connect to the onsite waste water -treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years. H. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units. 1. No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single unit dwelling) or from the lot and all of the dwellings (in the case of a multi- unit dwelling). 10-106 Planning Commission Resolution No. PC2020-007 Page 11 of 12 2. Short -Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less. 3. Owner -Occupancy. a. Accessory dwelling unit. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any accessory dwelling unit that is permitted in accordance with this section between January 1, 2020 and January 1, 2025. b. Junior accessory dwelling unit. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization. I. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit and/or junior 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, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot. J. Fees. 1. Impact Fees. a. No impact fee as required by this Code is required for an accessory dwelling unit and or junior accessory dwelling unit that is less than 750 square feet in size. b. Any impact fee that is required for an accessory dwelling unit that is 750 square feet or larger shall be assessed proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the accessory dwelling unit, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) c. For the purposes of this section, "Impact fee" does not include any connection fee, capacity charge for water or sewer service, planning application fee, plan check fee, or building permit fee. 2. Utility Fees. Owner shall pay all required utility connection fees, unless a new utility connection is not provided between the accessory dwelling unit or junior accessory dwelling unit permitted and the utility. 10-107 Planning Commission Resolution No. PC2020-007 Paae 12 of 12 K. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable. Section 4: The following definitions listed in the alphabetical list of definitions contained in NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases) are amended to read as follows: "Accessory Dwelling Unit (Land Use)." See "Dwelling unit, accessory (land use)." "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code, or any successor statute. Section 5: The following definitions shall be added to the alphabetical list of definitions contained in NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases) and shall read as follows: "Dwelling unit, junior accessory (land use)" means a dwelling unit accessory to and entirely contained within, an existing or proposed single -unit dwelling, and that: 1. Is no more than 500 square feet in size, 2. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single -unit dwelling; and 3. Includes an efficiency kitchen. "Junior Accessory Dwelling Unit (Land Use)". See "Dwelling unit, junior accessory (land use)". 10-108 Attachment J February 20, 2020 Draft Planning Commission Minutes Excerpt 10-109 In reply to Chair Koetting's query, Mr. Greer advised that the number of patients per day will be five to seven Jim Mosher noted the Planning Commission can call for review an application heard by the Zoning Administrator. Perhaps the Planning Commission should determine whether a zoning district within the Santa Ana Heights Specific Plan allows medical uses. A future owner of the facility could operate it at a much higher volume of patients because the use permit runs with the land. Chair Koetting closed the public hearing. In response to Vice Chair Weigand's inquiry, Deputy Community Development Director Campbell indicated the Director's Determination would apply to the subject office complex only, which is designated Professional and Administrative Office (PA) within the Santa Ana Heights Specific Plan. The Business Park designation (BP) within the Santa Ana Heights Specific Plan is already appropriate for medical office uses. Chair Koetting remarked that parking requirements for medical office uses are too low, and staff should review the standards. Motion made by Commissioner Klaustermeier and seconded by Secretary Lowrey to adopt Resolution No. PC2020-005 approving Conditional Use Permit No. UP2019-045; and direct the Community Development Director to prepare a Determination that medical office uses and similar uses are consistent with the purpose and intent of the SP-7/PA district and are, therefore, allowable. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, Rosene NOES: ABSTAIN: ABSENT: Kleiman ITEM NO. 4 ACCESSORY DWELLING UNIT ORDINANCE (PA2019-248) Site Location: Citywide Summary: Amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) updating regulations pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to conform with revisions to Government Code Sections 65852.2 and 65852.22 that went into effect on January 1, 2020. Recommended Action: 1. Conduct a public hearing; 2. Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; 3. Adopt Resolution No. PC2020-006 recommending the City Council approve Zoning Code Amendment No. CA2019-009 modifying regulations pertaining to accessory dwelling units; and 4. Adopt Resolution No. PC2020-007 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-008 to the California Coastal Commission. Planning Consultant Blumenthal reported as of January 1, 2020, the City's existing accessory dwelling unit (ADU) Ordinances were voided by new state laws; therefore, the State's minimum default standards apply until the City adopts an ordinance compliant with state laws. In explaining the difference between ADUs and junior accessory dwelling units (JADU), he noted ADUs are allowed in all residential and mixed-use zones. The maximum size for an ADU is 850 square feet for a one -bedroom unit and 1,000 square feet for a two-bedroom unit. Existing space within a residence can be converted to an ADU or an ADU can be new construction. The State has waived all owner occupancy requirements until January 1, 2025. An ADU may be rented separately from the main dwelling, but it cannot be sold separately from the main dwelling. An ADU is considered a separate unit for application of the Building Code. JADUs are single-family units with a maximum size of 500 10-110 square feet. Only existing space may be converted to a JADU. The property owner must live in either the main dwelling or the JADU. A JADU cannot be sold separately from the main dwelling. A JADU may share a bathroom with the main dwelling. A JADU is not considered a separate unit for application of the Building Code. In single-family residential zones, a property may contain an ADU and a JADU. In multifamily residential zones, up to 25 percent of the existing unit count may be ADUs. The requirement for a minimum lot size has been eliminated. The California Department of Housing and Community Development (HCD) has informed staff that no maximum size applies to the conversion of existing space to an ADU or JADU. The height of an attached ADU defaults to the base zone requirements, but the height of a detached ADU is capped at 16 feet. Setbacks for an ADU default to the base zone except 4 -foot side and rear setbacks are required if the ADU is detached. Planning Consultant Blumenthal continued that no replacement parking is required for the conversion of a garage to an ADU or JADU except in the Coastal Zone. Coastal Commission staff has expressed concern that garage conversions will remove necessary parking for coastal access. New state laws indicate that the Coastal Act continues to apply to ADUs and JADUs. One parking space per ADU is required, but the requirement is waived if the property is located within one-half mile walking distance of a transit stop; within one block of a designated carshare pickup/drop-off location; within an architecturally and historically significant historic district; within a permit parking area where on -street parking permits are not offered to ADU occupants; or if existing space entirely within the primary dwelling or an existing accessory structure is converted to an ADU. Public comment noted Table 2.9 of Section 20.22.200 was not included in draft changes. Staff will revise the resolutions to correct scrivener's errors and include changes to Table 2.9. In response to Chair Koetting's questions, Planning Consultant Blumenthal advised that staff hopes to present the item to the Council in March. The State has not imposed deadlines for revision of ADU Ordinances. An ADU is not allowed in a strictly commercial zone. A standalone ADU cannot be constructed on a vacant lot. State law provides a grace period for the permitting of previously unpermitted conversions. After the grace period, Code Enforcement can take action against unpermitted ADUs. Unpermitted ADUs cannot be counted as housing units until they have been permitted. Deputy Community Development Director Campbell added that staff wishes to act expeditiously. The concern is the parking requirement in the Coastal Zone. In reply to Vice Chair Weigand's queries, Deputy Community Development Director Campbell indicated staff has not explored incentives for ADU/JADU applicants to provide off-street parking, but they can do that. Planning Consultant Blumenthal related that the City does not have any carshare pickup/drop-off locations or historic districts. In parking permit areas on Newport Island, around Corona del Mar High School, and near Newport Harbor High School, parking for ADUs will be waived if parking permits are not provided to ADU occupants. In answer to Commissioner Ellmore's inquiry, Planning Consultant Blumenthal reported homeowners' associations (HOA) for single-family zones cannot prohibit ADUs, but can provide reasonable regulations such as architectural standards. In response to Commissioner Rosene's questions, Deputy Community Development Director Campbell was not aware of any potential deficiencies in water and sewer infrastructure that could be affected by an increase in the number of ADUs. If needed, infrastructure will have to be modified in the future. Principal Planner Jaime Murillo explained that ADUs count toward the City's Regional Housing Needs Assessment (RHNA) requirements; however, HCD will release a memorandum that explains how ADUs will count towards the site inventory requirements of a Housing Element. The City has requested Senator Moorlach and Assembly Member Petrie -Norris amend state law to provide objective standards for the utilization of ADUs and is awaiting replies from them. In reply to Chair Koetting's queries, Principal Planner Murillo advised that an ADU application is subject to plan check by multiple City departments. Following issuance of a building permit, ADU construction is subject to inspections. State law imposes time limits for cities to issue standard permits. Chair Koetting opened the public hearing. 10-111 David Tanner understood the amendment pertains to the implementation component of the Local Coastal Program (LCP). The practical effect of the amendment to the LCP will allow more than a doubling of the population within the Coastal Zone, which will have significant adverse environmental effects. He recommended the Planning Commission defer the item to the City Council so that the City Council can address the many issues. Jim Mosher remarked that the City Council and the public would appreciate knowing the difference between the Planning Commission's recommendation to the City Council and the default minimum standards imposed by state law. The findings can state the City does not accept the authority of the state to impose standards on behalf of the City. He questioned whether staff considered areas where ADUs would impact water and sewer infrastructure. Chair Koetting closed the public hearing. In reply to Chair Koetting's questions, Assistant City Attorney Summerhill advised that the City Council directed staff to prepare revisions. The State continues to encroach on the City's rights, which the City will have to accept and evaluate. A recent decision in San Jose found that Charter Cities are subject to state law requirements. Deputy Community Development Director Campbell related that HCD will review the standards adopted by the Council. Staff believes the amendments are consistent with state laws. The proposal to prohibit conversions in the Coastal Zone could be viewed differently by HCD and the Coastal Commission. Which state department will prevail is unknown. Staff is processing ADU applications under the state standards, which are more permissive than the proposed standards. In response to Vice Chair Weigand's inquiries, Deputy Community Development Director Campbell indicated staff proposed a prohibition on conversions in the Coastal Zone because of impacts to coastal access. A study of infrastructure deficiencies would have to include assumptions about numbers of ADUs and population growth. An assumed doubling of the population within the Coastal Zone is high based on the number of ADU applications actually submitted. Sixteen applications for ADU permits have been submitted, and 11 of those are under construction. The General Plan includes infrastructure capacity for many thousands of unbuilt housing units. Staff can discuss a legal challenge to the requirements with the City Council. The Planning Commission can recommend the Council direct staff to evaluate different aspects of the amendments prior to the Council adopting an ordinance. Planning Consultant Blumenthal added that staff reviewed new ordinances in Irvine, Huntington Beach, and Westminster. The proposed amendments are the most conservative in his experience working with other coastal cities. Commissioner Rosene commented that he has attended seminars about the effects of the state laws. Staff has prepared good amendments to protect the City. Commissioner Klaustermeier remarked that the need for standards less permissive than the State's minimum standards supports the argument to recommend the proposed amendments to the City Council. In answer to Commissioner Ellmore's query, Deputy Community Development Director Campbell explained that the General Plan Update Steering Committee has been sunsetted. Staff recommended the Council focus on housing, the Land Use Element, the Circulation Element, and environmental justice policies because of the deadline to complete the Housing Element. The Housing Action Plan supports pushing back on state requirements while working to comply with requirements. Motion made by Vice Chair Weigand and seconded by Commissioner Rosene to adopt Resolution No. PC2020-006 recommending the City Council review Zoning Code Amendment No. CA2019-009 modifying regulations pertaining to accessory dwelling units; and adopt Resolution No. PC2020-007 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-008 to the California Coastal Commission. Assistant City Attorney Summerhill indicated the resolution can be revised to recommend the City Council review the amendment. Deputy Community Development Director Campbell added that a recommendation to review the amendment is within the Planning Commission's purview. 10-112 AYES: Koetting, Weigand, Ellmore, Klaustermeier, Rosene NOES: Lowrey ABSTAIN: ABSENT: Kleiman VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Deputy Community Development Director Campbell reported the Council adopted the Cottage Preservation Ordinance and the Lido Isle hedge height amendment. The Council discussed and directed staff to prepare greater protections for short-term rentals. The Planning Commission's March 5 agenda includes a conditional use permit for expansion of Newport Animal Hospital and the annual General Plan progress report. In reply to Secretary Lowrey's inquiry, Deputy Community Development Director Campbell indicated the City Council will appoint members to the new Housing Element Committee on February 25. In response to Chair Koetting's question, Deputy Community Development Director Campbell related that staff and the Council are discussing amending the Planning Commission's responsibilities to include review of large- scale traffic issues. Staff has not drafted a policy for Council review and adoption. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES None IX. ADJOURNMENT — 8:02 p.m. The agenda for the February 20, 2020, Planning Commission meeting was posted on Friday, February 14, 2020, at 11:30 a.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Friday, February 14, 2020, at 12:05 p.m. Peter Koetting, Chairman Lee Lowrey, Secretary 10-113 Attachment K NBMC Title 20 (Planning and Zoning), proposed redlined code changes 10-114 Title 20 (Planning and Zoning) Table 2-1 in Newport Beach Municipal Code (NBMC) Section 20.18.020.0 (Allowed Uses and Permit Requirements) Land Use See Part 7 of this title for land use definitions. R -BI RM Specific Use See Chapter 20.12 for unlisted uses. R -A R-1** R-2 RMD Regulations Residential Uses Accessory Dwelling Units and Junior P P P P Section 20.48.200 Accessory Dwelling Units Table 2-8 in NBMC Section 20.22.020.0 (Allowed Uses and Permit Requirements) Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for MU-CV/15th Specific Use unlisted uses. MU -V MU -MM (6) MU -DW St. (7) Regulations Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling P I P I P I Section 20.48.200 Table 2-9 in NBMC Section 20.22.020.0 (Allowed Uses and Permit Requirements) Land Use See Part 7 of this title for land use definitions. MU -W1 See Chapter 20.12 for unlisted uses. (5)(6) MU -W2 Specific Use Regulations Residential Uses Accessory Dwelling Units and Junior F Section 20.48.200 Accessory Dwelling Units 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 and junior accessory dwelling units, as defined in Part 7 of this title (Definitions) and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in singleunitresidential zoning dictrinto or areas designated for simgle ate residential use, including 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. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be: 1. Deemed to be inconsistent with the General Plan and zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 3. Considered in the application of any ordinance, policy, or program to limit residential growth; or 4. Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safetv Code Section 17980.12. C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to a Zoning Clearance and the following conditions: in ^^ni„n^ti„n with SiRgle-1lnit dwelliRgS in all residential Genditiens have boon met: There is an existing or proposed dwelling unit on the lot; 2. The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section; and established On the s,,sectibelow;and 3. The Zoning Clearance letter shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City receives a completed application, unless either: a. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or b. In the case of an application for an accessory dwellina unit and/or iunior accessory dwelling unit is submitted with an application to create a new single -unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or iunior accessory dwellina application until the Citv renders a decision on the new single -unit dwelling application. 10-116 D. Maximum Number of Units Allowed. The followina is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any residential lot. Unless specified below, only one (1) category may be used per lot. 1. Conversion of Single -Unit Dwelling. Only one (1) accessory dwelling unit or one (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling, subject to the following: a. The accessory dwelling unit or junior accessory dwelling unit is proposed: Within the space of a proposed single -unit dwelling; Within the existing space of an existing single -unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of up to 150 square feet if the expansion is limited to accommodating ingress and egress. iv. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior access from the single -unit dwelling. b. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction) of this Code. 2. Detached/Attached on Lot with Single -Unit Dwelling. One (1) detached or one (1) attached, new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. A detached, new -construction accessory dwelling unit may also be permitted in addition to any junior accessory dwellina unit that miaht otherwise be established on the lot under subsection (D)(1). 3. Conversion of Multi -Unit Dwelling. Multiple accessory dwelling units may be permitted on lots with existing multi -unit dwellings subject to the following_ a. The number of accessory dwelling units shall not exceed twenty five (25) percent of the existing multi -unit dwellings on the lot. For the purpose of calculating the number of allowable accessory dwelling units, the following shall apply: L Previously approved accessory dwelling units shall not count towards the existing multi -unit dwellings; ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) accessory dwelling unit shall be allowed; and iii. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels. b. The portion of the existing multi -unit dwelling that is to be converted is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. 10-117 4. Detached on Multi -Unit Lot. UD to two (2) detached. new -construction accessory dwelling units may be permitted on a lot that has an existing multi -unit dwelling. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels. E. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning) 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 nentained within a legal nonnonformip' ctrl inti ire and moos not expand the nonnonformity. 1. Minimum Lot Area. n minimum lot area of fide thousand (5,000) square feet eXGIuding submerged lccr sacra area, shallbe There shall be no minimum lot area required in order to establish an accessory dwelling unit and/or junior accessory dwelling unit. 2. Setback Requirements. Accessory dwelling units and junior accessory dwellin units shall comply with the setback requirements applicable to the zoning district., except as noted below: in which they are Ionated evnept in noses where the minimum required garage setbaGks differ from prinGipal buffildiRg setbaGks, in which Gase the following applies: 11 with required building ^edes. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback. '_:7 For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing provided setback. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are reDlacina existina structures within the same footprint that do not exceed the existing structure's size and/or height. c. Newly constructed detached accessory dwelling units may provide a minimum setback of four (4) feet from all side and rear property lines. 3. Building Height. Detached accessory dwelling units shall not exceed one (1) story and a height of fourteen (1 4) sixteen (16) eet.unless the —accessory dwelling u Its of the underlying zon ntr+Gt. -Notwithstanding the foregoing, an accessory dwelling unit constructed above a detached garage shall not exceed two (2) stories and 10-118 the maximum allowable height of the underlying zoning district, provided all of the following criteria are met: a. The accessory dwelling unit meets the minimum setbacks required by underlying zoning district; and b. The principal dwelling unit complies with parking standards set forth in Section 20.40.040. 4. Unit Size. The maxomum size ef an .r y dwelling unit shall net eXGeed seven hundred fifty (750) square feet of floor area, or fifty (50) perGent of the existing a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one (1) bedroom unit and 1,000 square feet for a two (2 bedroom unit. No more than two (2) bedrooms are allowed. b. An attached accessory dwelling unit that is created on a lot with an existing single -unit dwelling is further limited to fifty (50) percent of the floor area of the existing dwelling. c. Application of size limitations set forth in subsections (E)(4)(a) and (E)(4)(b) above, shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure. d. ADDlication of size limitations set forth in subsection (E)(4)(b) above. or other development standards, such as floor area limit or site coverage, might further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space. or site coveraae reauirement reduce the accessory dwellina unit to less than 800 square feet. e. The maximum size of a junior accessory dwelling unit shall be 500 square feet. f. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit. 5. Design. An accessory dwelling unit and/or junior accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. 10-119 , . r . r . r 10-119 7. Fire Sprinklers. An accessory dwelling units and/or junior accessory dwelling unit 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 and/or junior 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. No additional oarkina shall be reauired for iunior accessory dwellina units. b. A maximum of one M parking space shall be required for a -R each accessory dwelling unit. c. Suc-hWhen additional parking is required, the 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 or within the front setback, unless the driveway in the front setback has a minimum depth of twenty 20 feet. d. No additional parking shall be required for: i. Accessory dwelling units converted as part of a proposed or existing space of a principal residence or existing accessory structure; ii. Accessory dwelling units located within one-half mile walking distance of a public transit. For the purposes of this section "public transit" shall include a bus stop where the public may access buses that charge set fares, run on fixed routes. and are available to the public: with fixed route bus service that nr,,v5de iii. Accessory dwelling units located within an architecturally and historically significant historic district; iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or 10-120 V. When there is a car -share vehicle located within one M block of the accessory dwelling unit. For the purposes of this section, "car -share vehicle" shall mean part of an established program intended to remain in effect at a fixed location for at least ten (10) years and available to the public. e. No Replacement Parkina Necessarv. Outside the Coastal Zone. when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. Refer to Section 21.48.200(F)(8)(e) for replacement parking in the Coastal Zone. If on aGcessory dwelling ,,n,+ replaces an ev,c+,ng garage replaGemeRt spaces shall be provided. WheR a garage, Garport, Or GOvered parkiRg dwelling URit, aRY required replaGemeRt spaces may be located on aRY GORfiguratiOR OR the same lot as the accessory dwelling URit, inGludiRg, bUt ROt limited to, as menhoninol automobile parking li# F. Utilitv Connection. 1. Connection Required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), including water, electric, and sewer services. 2. Except as provided in subsection (F)(3) below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utility. 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit dwelling, unless the accessory dwelling unit is being constructed in connection with a new single -unit dwelling. G. Septic Systems. If the principal dwelling unit is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, accessory dwelling units and junior accessory dwelling units may connect to the onsite waste water -treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the Additional Requirements for all Accessory Dwelling Units and Junior Accessory Dwelling Units. 1. No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single unit dwelling) or from the lot and all of the dwellings (in the case of a multi- unit dwelling).c-le of I lnitcThe aGGessen�� dwelling unit shall net be sel`d separately from the nrinnipal `d��iellinn rt�n 10-121 2. Short -Term Lodging. The accessory dwelling unit and/or junior accessor dwelling unit shall not be rented for periods of less thaR thirty (30) days or less. 3. Owner -Occupancy. a. Accessory dwelling units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any accessory dwelling unit that is permitted in accordance with this section between January 1, 2020 and January 1, 2025. b. Junior accessory dwelling units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization. H. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit and/or junior 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, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the prepert lot. I. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable. NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases) "Accessory Dwelling Unit (Land Use)." See "Dwelling unit, accessory (land use)." 10-122 "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code, or any successor statute. NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases) "Dwelling unit, junior accessory (land use)" means a dwelling unit accessory to and entirel contained within, an existing or proposed single -unit dwelling, and that: 1. Is no more than 500 square feet in size; 2. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single -unit dwelling; and 3. Includes an efficiency kitchen. "Junior Accessory Dwelling Unit (Land Use)". See "Dwelling unit, junior accessory (land use)". 10-123 Attachment L NBMC Title 21 (Local Coastal Program Implementation Plan), proposed redlined code changes 10-124 Title 21 (Local Coastal Program Implementation Plan) Table 21.18-1 in Newport Beach Municipal Code (NBMC) Section 21.18.020.0 (Allowed Uses) Land Use Mixed -Use Zoning Districts TABLE 21.22-1 A Allowed ALLOWED USES See Part 7 of this Implementation Allowed Land Use — Not Allowed* Land Use Plan for land use definitions. MU - MU -W2 R -BI MU -V MU- CV/15th See Chapter 21.12 for unlisted definitions. R-1 R-2 RM Specific Use uses. R -A R-1-6,000 R-2-6,000 RM -6,000 Regulations Residential Uses Accessory Dwelling Units and P P P P Section Junior Accessory Dwellin Units 21.48.200 Tables 21.22-1 and 21.22-2 in NBMC Section 21.22.020. (Mixed -Use Coastal Zoning Districts Land Uses and Permit Requirements) 10-125 Mixed -Use Zoning Districts TABLE 21.22-1 A Allowed ALLOWED USES A Allowed Land Use — Not Allowed* Land Use I MU - MU -W2 See Part 7 of this Implementation Plan for land use MU -V MU- CV/15th Specific Use definitions. (6) MM (4) Regulations See Chapter 21.12 for unlisted uses. Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling A Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling H Section 21.48.200 Units 10-125 Mixed -Use Coastal Zoning Districts TABLE 21.22-2 ALLOWED USES A Allowed — Not Allowed Land Use See Part 7 of this Implementation Plan for land use MU -W1 MU -W2 Specific Use definitions. (3) (5) Regulations See Chapter 21.12 for unlisted uses. Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling A Section 21.48.200 Units 10-125 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 and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title (Definitions) and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in sin`vle-Unit residential zoning `tistrints or areas designated forcin^-�,gle-unit residential use, including 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. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be: 1. Deemed to be inconsistent with the Coastal Land Use Plan and coastal zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling units is located; 2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 3. Considered in the application of any ordinance, policy, or program to limit residential growth; or 4. Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to a Zoning Clearance and the following conditions: in noniunntion with single_ snit dWelliRgs in all the fol'OWino nonditions have boon met - There is an existing or proposed dwelling unit on the lot; 2. The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section; and established in the subsentions below; and 3. The zoning clearance shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City receives a completed application, unless either: a. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or 10-126 b. In the case of an application for an accessory dwelling unit and/or junior accessory dwelling unit is submitted with an application to create a new single -unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or junior accessory dwelling application until the City renders a decision on the new sinale-unit dwellina application. 4. The applicant shall obtain a Coastal Development Permit, pursuant to Chapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or excluded from the coastal development permit process D. Coastal Development Permits. 1. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development Review Procedures) 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 (Public Hearings) 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 (Appeals and Calls for Review), coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealed to the Coastal Commission in accordance with the provisions of Section 21.64.035 without a discretionary hearina by the Plannina Commission or Citv Council E. Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any residential lot. Unless specified below, only one (1) category may be used per lot. 1. Conversion of Single -Unit Dwelling. Only one (1) accessory dwelling unit or one (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling, subject to the following: a. The accessory dwelling unit or junior accessory dwelling unit is proposed: Within the space of a proposed single -unit dwelling; or Within the existing space of an existing single -unit dwelling; or 10-127 iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of up to 150 square feet if the expansion is limited to accommodating ingress and egress. b. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior from the single -unit dwelling. C. Side and rear setbacks comoly with Title 9 (Fire Code) and Title 15 (Buildings and Construction) of this Code. 2. Detached/Attached on Lot with Single -Unit Dwelling. One (1) detached, new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. A detached, new -construction accessory dwelling unit may also be permitted in addition to any junior accessory dwelling unit that might otherwise be established on the lot under subsection (D)(1). 3. Conversion of Multi -Unit Dwelling. Multiple accessory dwelling units may be permitted on lots with existing multi -unit dwellings subject to the following: a. The number of accessory dwelling units shall not exceed twenty five (25) percent of the existing multi -unit dwellings on the lot. For the purpose of calculating the number of allowable accessory dwelling units, the following shall apply: i. Previously approved accessory dwelling units shall not count towards the existing multi -unit dwellings; ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) accessory dwelling unit shall be allowed; and iii. For the purposes of this section, multi -unit developments aaaroved and built as a sinale complex shall be considered one (1 lot, regardless of the number of parcels b. The portion of the existing multi -unit dwelling that is to be converted is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. 4. Detached on Multi -Unit Lot. Up to two (2) detached, new -construction accessory dwelling units may be permitted on a lot that has an existing multi -unit dwelling. For the purposes of this section, multi -unit developments approved and 10-128 built as a single complex shall be considered one (1) lot, regardless of the number of parcels. F. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) 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 nentained within a legal nonnonformino str„ot„re and moos not expand the nonoonformity 1. Minimum Lot Area. A minimum lot area of five theusand (5,000) square feet, ex"' submerged ladarea, shall be There shall be no minimum lot area required in order to establish an accessory dwelling unit and/or junior accessory dwelling unit. 2. Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below: in `"'hiGh they are Ionated evoept in nacos where the MOROMUM required garage setbaGks differ from PFORGipal building sethaGks, iRin whish nose the folIOWo applies• a No additional sethaGk shall he required for an existing garage that is Genverteid tcv'cv-arr'aGGess welling p „nit•, reyi`•!e`! that the side and rear , sethanliS nemply ,with required building pedes For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback. b. A setbaGk of no more than five feet from the side and rear lot IiRes shall be For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing provided setback. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existina structure's size and/or heiaht. c. Newly constructed detached accessory dwelling units may provide a minimum setback of four (4) feet from all side and rear property lines. 3. Building Height. Detached accessory dwelling units shall not exceed one story and a height of fourteen (14) sixteen (16)_feet. RIess the aGGessory nomply with the height limits of the underlying Zoning distrint. Notwithstanding the foregoing, an accessory dwelling unit constructed above a detached garage shall 10-129 not exceed two (2) stories and the maximum allowable height of the underlyin zoning district, provided all of the following criteria are met: a. The accessory dwelling unit meets the minimum setbacks, as required by underlying zoning district; and b. The principal dwelling unit complies with parking standards set forth in Section 21.40.040. 4. Unit Size. The maxomum size ef an aGGesseFy dwelling unit shall net eXGeed seven hundred fifty (750) square feet of floor area, er fifty (50) perGent-Of KTM IJIIxW!II,:I LIE a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one -bedroom unit and 1,000 square feet for a two (2) bedroom unit. No more than two (2) bedrooms are allowed. b. An attached accessory dwelling unit that is created on a lot with an existing single -unit dwelling is further limited to fifty (50) percent of the floor area of the existing dwelling. c. Application of the size limitations set forth in subsections 21.48.200(E)(4)(a) and 21.48.200(E)(4)(b) above, shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure. d. Application of Section 21.48.200(E)(4)(b) or other development standards, such as floor area limit or site coverage, might further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than 800 square feet. e. The maximum size of a junior accessory dwelling unit shall be 500 square feet. f. The minimum size of an accessory dwelling unit or junior accessory dwellina unit shall be at least that of an efficiencv unit. 5. Design. An accessory dwelling unit and/or junior accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. . . MCC. 7=1' , 10-130 7. Fire Sprinklers. An accessory dwelling units and/or junior accessory dwelling unit shall not require be r quired to provide fire sprinklers ;f the so long as fire sprinklers are not required for the principal residence. 8. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior 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. No additional parking shall be required for junior accessory dwelling units. b. A maximum of one M parking space shall be required for a -R each accessory dwelling unit. C. SUGh When additional parking is required, the parking may be provided as tandem parking and/or may located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback. unless the drivewav in the front setback has a minimum depth of twenty (20) feet. d. No parking shall be required for: i. Accessory dwelling units converted as part of a proposed or existing space of principal residence or existing accessory structure; ii. Accessory dwelling units located within one-half mile walking distance of a public transit. For the purposes of this section "public transit" shall include a bus stop where the public may access buses that charge 10-131 . r . r 7. Fire Sprinklers. An accessory dwelling units and/or junior accessory dwelling unit shall not require be r quired to provide fire sprinklers ;f the so long as fire sprinklers are not required for the principal residence. 8. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior 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. No additional parking shall be required for junior accessory dwelling units. b. A maximum of one M parking space shall be required for a -R each accessory dwelling unit. C. SUGh When additional parking is required, the parking may be provided as tandem parking and/or may located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback. unless the drivewav in the front setback has a minimum depth of twenty (20) feet. d. No parking shall be required for: i. Accessory dwelling units converted as part of a proposed or existing space of principal residence or existing accessory structure; ii. Accessory dwelling units located within one-half mile walking distance of a public transit. For the purposes of this section "public transit" shall include a bus stop where the public may access buses that charge 10-131 set fares. run on fixed routes. and are available to the Dublic: with d iii. Accessory dwelling units located within an architecturally and historically significant historic district; iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or 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 effect at a fixed location for at least ten (10) years and available to the public. e. If an accessory dwelling unit replaces an existing garage, replacement spaces shall 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. G. Utility Connection. 1. Connection Required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), including water, electric, and sewer services. 2. Except as provided in subsection (G)(3) below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utility. 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit dwelling, unless the accessory dwellina unit beina constructed in connection with a new single -unit dwelling. 4. Septic Systems. If the principal dwelling unit is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, the accessory dwelling unit or junior accessory dwelling may connect to the onsite waste water -treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the Dercolation test has been recertified. within the last ten (10) vears. H. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units. 10-132 1. No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single unit dwelling) or from the lot and all of the dwellings (in the case of a multi- unit dwelling). Colo Of I lnitcT;e aGGesCJooF dwelliRg URit shall Rot be sold separately from the PFORGipal dwelliRg-. 2. Short -Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of lessthan thirty (30) days or less. 3. Owner -Occupancy. a. Accessory dwelling units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any accessory dwelling unit that is permitted in accordance with this section between January 1, 2020 and January 1, 2025. b. Junior accessory dwelling units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any junior accessory dwelling unit owned bV as governmental agency, land trust, or housing organization. Number of Units Allowed. Only one aGGessery dwelling unit may be Ionated en the let I. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit and/or junior 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 prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the j -Lot. 10-133 J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable. Section 21.70.020 (Definitions of Specialized Terms and Phrases) "Accessory Dwelling Unit (Land Use)." See "Dwelling unit, accessory (land use)." "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attached to, detached from, or contained within the principal dwelling unit on a site zoned for a si�ingle-fay residential use. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code, or any successor statute. Section 21.70.020 (Definitions of Specialized Terms and Phrases) and shall read as follows: "Dwelling unit, junior accessory (land use)" means a dwelling unit accessory to and entirely contained within, an existing or proposed single -unit dwelling, and that: 1. Is no more than 500 sauare feet in size: 2. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single -unit dwelling; and 3. Includes an efficiency kitchen. "Junior Accessory Dwelling Unit (Land Use)". See "Dwelling unit, junior accessory (land use ". 10-134