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HomeMy WebLinkAbout20200220_Resolution_PC2020-007RESOLUTION 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. 1. 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. Planning Commission Resolution No. PC2020-007 Page 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 Page 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: NOES: ABSTAIN: ABSENT: Ellmore, Klaustermeier, Koetting, Rosene and Weigand Lowrey Kleiman Planning Commission Resolution No. PC2020-007 Page 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: I Land Use i I · See Part 7 of this Implementation I ; Plan for land use definitions. R-8I I See Chapter 21.12 for unlisted I R-1 R-2 RM Specific Use I uses. I R-A R-1-6,000 R-2-6,000 RM-6,000 Reaulations Residential Uses I Ip I Accessory Dwelling Units and p p p Section Junior Accessory Units i 21.48.200 i I 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: TABLE 21.22-1 Mixed-Use Zoning Districts A Allowed ALLOWED USES -Not Allowed * Land Use MU- See Part 7 of this Implementation Plan for land use MU-V MU-MM Specific Use CV/15th 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 TABLE 21.22-2 ALLOWED USES Land Use Planning Commission Resolution No. PC2020-007 Page 5 of 12 Mixed-Use Coastal Zoning Districts A Allowed -Not Allowed* 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: 1. There is an existing or proposed dwelling unit on the lot; Planning Commission Resolution No. PC2020-007 Page 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: i. Within the space of a proposed single-unit dwelling; or Planning Commission Resolution No. PC2020-007 Page 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 (0)(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 Planning Commission Resolution No. PC2020-007 Page 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. Planning Commission Resolution No. PC2020-007 Page 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; Planning Commission Resolution No. PC2020-007 Page 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). 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. Planning Commission Resolution No. PC2020-007 Page 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)".