HomeMy WebLinkAbout03 - Accessory and Junior Accessory Dwelling Units (PA2019-248)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
March 24, 2020
Agenda Item No. 3
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: Accessory and Junior Accessory Dwelling
Units (PA2019-248)
ABSTRACT:
The attached ordinance was introduced and considered at the March 10, 2020, City Council
meeting. The ordinance amends the Newport Beach Municipal Code (NBMC) Title 20
(Planning and Zoning) providing new local regulations regarding the construction of the
accessory and junior accessory dwelling units. The changes include but are not limited to
the zoning districts that allow accessory and junior accessory dwelling units, maximum
allowable size, height limitation, and parking. For City Council's consideration is the
adoption of the accessory and junior accessory dwelling unit ordinance that meets the
requirements of State law.
RECOMMENDATION:
a) 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); and
b) Conduct second reading and adopt 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).
3-1
Ordinance No. 2020-9: Accessory and Junior
Accessory Dwelling Units (PA2019-248)
March 24, 2020
Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
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.
On March 10, 2020, the City Council conducted a duly noticed public hearing to consider
changes to NBMC Title 20 (Planning and Zoning) regarding ADUs and JADUs. After
considering all evidence, including the Planning Commission's review and public
comments, the City Council voted to introduce Ordinance No. 2020-9.
Status in the Coastal Zone
Should the City Council adopt the proposed ordinance amending Title 20, the new
regulations will only apply to ADUs and JADUs located outside the Coastal Zone. For
properties within the Coastal Zone, the State standards will apply, provided they do not
violate the Coastal Act. Upon approval of the proposed Local Coastal Program
Amendment No. LC2019-008 by the California Coastal Commission, staff will return to
the City Council with an ordinance adopting LC2019-008. Staff estimates to return to City
Council within the year.
=1ki1V1-Tel kiILY, l=1kikIFITE AVAIA►ITS
This project 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
/_Air_[d:IJil4LI119
Attachment A — Ordinance No. 2020-9
3-2
ATTACHMENT A
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;
3-3
Ordinance No. 2020-9
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;
3-4
Ordinance No. 2020-9
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 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 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:
3-5
Ordinance No. 2020-9
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. 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
Section 2: The row entitled "Density/Intensity" in Table 2-2 (Development
Standards for Single -Unit Residential Zoning Districts) set forth in Section 20.18.030
(Residential Zoning Districts General Development Standards) 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:
Density/Intensity Each legal lot shall be allowed one single -unit detached dwelling.
Accessory dwelling units and junior accessory dwelling units may be
allowed pursuant to Section 20.48.200.
Section 3: 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/15th 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 definitions.
See Chapter 20.12 for unlisted
uses. MU -V MU -MM
Residential Uses
Accessory Dwelling Units and
P P
Junior Accessory Dwelling Units
MU-CV/15th
MU -DW St. (7)
P P
Specific Use
Regulations
Section
20.48.200
Ordinance No. 2020-9
Page 5 of 13
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
Section 4: 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;
3-7
Ordinance No. 2020-9
Page 6 of 13
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.
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).
W
Ordinance No. 2020-9
Page 7 of 13
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.
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.
Ordinance No. 2020-9
Page 8 of 13
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 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.
3-10
Ordinance No. 2020-9
Page 9 of 13
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 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
3-11
Ordinance No. 2020-9
Page 10 of 13
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.
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.
3-12
Ordinance No. 2020-9
Page 11 of 13
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 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 5: 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.
3-13
Ordinance No. 2020-9
Page 12 of 13
Section 6: 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:
"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: An amendment to Title 21 (Local Coastal Program Implementation Plan)
is also underway pursuant to Resolution 2020-24 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 8: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 9: 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.
3-14
Ordinance No. 2020-9
Page 13 of 13
Section 10: 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.
Section 11: 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 12: 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 shall be effective thirty
(30) calendar days after its adoption.
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
N C. HARP, CITY ATTORNEY
3-15