HomeMy WebLinkAbout2020-24 - 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 RelRESOLUTION 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;
Resolution No. 2020-24
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;
Resolution No. 2020-24
Page 3 of 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 maintaining rear alley setbacks and 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, 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;
Resolution No. 2020-24
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.
R -A
R-1-6,000
R-2-6,000
RM -6,000
Re ulations
•-
Residential Uses
Accessor
Accessory Dwelling Units and Junior
P
P
P
P
Section
AccessoryDwelling 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:
Resolution No. 2020-24
Page 5 of 14
TABLE 21.22-1
Mixed -Use Zoning Districts
A
Allowed
ALLOWED USES
ALLOWED USES
—
Not Allowed*
Land Use
Land Use
MU -
See Part 7 of this Implementation Plan for land use
MU -V
MU-
Specific Use
definitions.
(6)
MM (4)
CV/15th
Regulations
See Chapter 21.12 for unlisted uses.
See Chapter 21.12 for unlisted uses.
(3)
St. (5)(6)
Residential
Residential
Accessory Dwelling Units and Junior Accessory Dwelling Units
A
Accessory Dwelling Units and Junior Accessory Dwelling Units
A
A
A Section
21.48.200
Section 4: Section 21.26.045(A) (Planned Community Coastal Zoning District
Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts (OS, PC, PF, PI,
PR, and TS)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is
amended to read as follows:
Allowed Land Uses. Tables 21.26-3 through 21.26-9 indicate the uses allowed in the
Planned Community Coastal Zoning Districts. Additionally, accessory dwelling units and
junior accessory dwelling units may be allowed pursuant to Section 21.48.200.
Section 5: 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:
Mixed -Use Coastal Zoning Districts
TABLE 21.22-2
A
Allowed
ALLOWED USES
—
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
Accessory Dwelling Units and Junior Accessory Dwelling Units
A
A
Section 21.48.200
Section 4: Section 21.26.045(A) (Planned Community Coastal Zoning District
Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts (OS, PC, PF, PI,
PR, and TS)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is
amended to read as follows:
Allowed Land Uses. Tables 21.26-3 through 21.26-9 indicate the uses allowed in the
Planned Community Coastal Zoning Districts. Additionally, accessory dwelling units and
junior accessory dwelling units may be allowed pursuant to Section 21.48.200.
Section 5: 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:
Resolution No. 2020-24
Page 6 of 14
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:
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.
Resolution No. 2020-24
Page 7 of 14
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 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.
Resolution No. 2020-24
Page 8 of 14
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
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.
Resolution No. 2020-24
Page 9 of 14
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 accessory dwelling units may provide a minimum
setback of four (4) feet from all side property lines and rear property lines
not abutting an alley.
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.
Resolution No. 2020-24
Page 10 of 14
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.
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;
Resolution No. 2020-24
Page 11 of 14
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.
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.
Resolution No. 2020-24
Page 12 of 14
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.
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 6: 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:
Resolution No. 2020-24
Page 13 of 14
"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 7: 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 8: 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 9: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2020-24
Page 14 of 14
Section 10: 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 11: 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 12: This resolution shall not become effective for thirty (30) days and until
certified by the Executive Director of the Coastal Commission.
ADOPTED this 10th day of March 2020.
Will O'Neill
Mayor
ATTEST:
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Leilani I. Brown
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City Clerk U
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aa n C. Harp
Cit ttorney
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. 2020-24, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 10th day of March, 2020; and the same was so passed and adopted
by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 10th day of March, 2020.
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Leilani I. Brown
City Clerk
Newport Beach, California