HomeMy WebLinkAbout2022-5 - Adopting Revisions to Zoning Code Amendment No. CA2019-009 Amending Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units for Consistency with the CalifoORDINANCE NO. 2022-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING REVISIONS
TO ZONING CODE AMENDMENT NO. CA2019-009
AMENDING TITLE 20 (PLANNING AND ZONING) OF THE
CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED
TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS FOR CONSISTENCY WITH
THE CALIFORNIA COASTAL COMMISSION'S
MODIFICATIONS AND STATE LAW (PA2019-248)
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests
the City Council with the authority to make and enforce all laws, rules and regulations with
respect to the 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, on March 10, 2020, the City Council introduced Ordinance No. 2020-
9 revising Title 20 (Planning and Zoning) related to the accessory dwelling units ("Zoning
Code Amendment No. CA2019-009") and adopted Resolution No. 2020-24 authorizing
submittal of LCP Amendment No. LC2019-008 to the California Coastal Commission
("Coastal Commission") by a unanimous vote (7 ayes, 0 nays);
WHEREAS, on March 24, 2020, the City Council adopted Ordinance No. 2020-9
revising Title 20 (Planning and Zoning) in order to implement Zoning Code Amendment
No. CA2019-009;
WHEREAS, at its December 15, 2021 hearing, the Coastal Commission approved
and certified LCP Amendment No. LC2019-008 with modifications (LCP-5- NPB-20-0025-
1 Part C) as being consistent with the California Coastal Act;
WHEREAS, revisions to Zoning Code Amendment No. CA2019-009 are necessary
for consistency with Coastal Commission modifications to LCP Amendment. No. LC2019-
008 (LCP-5- NPB-20-0025-1 Part C) and comments received by the California
Department of Housing and Community Development; and
WHEREAS, a public hearing was held by the City Council on February 22, 2022, 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 (Public Hearings) and 21.62 (Public Hearings)
of the NBMC. Evidence, both written and oral, was presented to, and considered by, the
City Council at this public hearing.
Ordinance No. 2022-5
Page 2 of 10
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: 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
hereby amended to read as follows:
20.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation
of accessory dwelling units and junior accessory dwelling units, as defined in Part 7
(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 provided by the Director 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
Ordinance No. 2022-5
Page 3 of 10
3. Zoning clearance shall be considered and approved ministerially, without
discretionary review or a hearing, within sixty (60) days from the date that the City
determines an application to be complete, 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/or junior accessory dwelling units allowed on any residential
lot. For the purposes of this section, multi -unit dwelling means a structure or development
containing two or more dwelling units. Unless otherwise specified below, only one (1) of
the categories described below in this subsection may be used per lot.
1. Internal to a Single -Unit or Multi -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 or multi -unit dwelling, subject to the
following:
a. The accessory dwelling unit is proposed:
i. Within the space of a proposed single -unit or multi -unit
dwelling;
ii. Within the existing space of an existing single -unit or multi-
unit dwelling; or
iii. Within the existing space of an existing accessory structure,
plus an addition beyond the physical dimensions of the existing
structure of up to 150 square feet if the expansion is limited to
accommodating ingress and egress.
b. The 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.
C. The accessory dwelling unit or junior accessory dwelling unit will
have independent exterior access from the single -unit dwelling.
Ordinance No. 2022-5
Page 4 of 10
d. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15
(Buildings and Construction) of the Municipal Code.
2. Detached/Attached on Lot with Single -Unit or Multi -Unit Dwelling Category.
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 or multi -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)(b).
3. Conversion of Multi -Unit Dwelling Category. 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 number of 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
to an accessory dwelling unit 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 Category. Up to two (2) detached accessory
dwelling units may be constructed 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.
Ordinance No. 2022-5
Page 5 of 10
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 setback
provided. 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. Attached and detached 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 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) or more bedroom unit.
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.
Ordinance No. 2022-5
Page 6 of 10
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,
may 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 and the ADU shall not
exceed a height of 16 feet measured from the finished grade as determined
by the Director.
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; however, fire sprinklers are encouraged.
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 unit internal to a proposed principal
residence or converted from existing space of a principal residence
or existing accessory structure;
Ordinance No. 2022-5
Page 7 of 10
ii. Accessory dwelling units located within one-half mile walking
distance of a public transit. For the purposes of this section "public
transit" shall include a bus stop where the public may access buses
that charge set fares, run on fixed routes, and are available to the
public;
iii. Accessory dwelling units located within an architecturally and
historically significant historic district;
iv. When on -street parking permits are required but not offered
to the occupant of the accessory dwelling unit; or
V. When there is a car -share vehicle located within one (1) block
of the accessory dwelling unit. For the purposes of this section, "car -
share vehicle" shall mean part of an established program intended
to remain in effect at a fixed location for at least ten (10) years and
available to the public.
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 connections between the accessory dwelling
unit, junior accessory dwelling unit and the utilities.
3. Conversion. No separate connection between the accessory dwelling unit
and the utility shall be required for units created within a single -unit or multi -unit
dwelling(s), 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 wastewater 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.
Ordinance No. 2022-5
Page 8 of 10
G. Additional Requirements for all Accessory Dwelling Units and Junior Accessory
Dwelling Units.
1. No Separate Conveyance. An accessory dwelling unit or junior accessory
dwelling unit may be rented, but no accessory dwelling unit or junior accessory
dwelling unit may be sold or otherwise conveyed separately from the lot and the
principal dwelling (in the case of a single -unit dwelling) or from the lot and all of the
dwellings (in the case of a multi -unit dwelling).
2. Short -Term Lodging. The accessory dwelling unit and/or junior accessory
dwelling unit shall not be rented for periods of thirty (30) days or less.
3. Owner -Occupancy.
a. Accessory dwelling units. A natural person with legal or equitable title
to the lot must reside in either the principal dwelling unit or the accessory
dwelling unit as the person's legal domicile and permanent residence.
However, this owner -occupancy requirement shall not apply to any
accessory dwelling unit that is permitted in accordance with this section
between January 1, 2020 and January 1, 2025.
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 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive part of this ordinance.
Ordinance No. 2022-5
Page 9 of 10
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: 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 5: 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 6: 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 become effective
thirty (30) calendar days after is adoption.
Ordinance No. 2022-5
Page 10 of 10
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 22nd day of February, 2022, and adopted on the 8th day
of March, 2022, by the following vote, to -wit:
AYES: Mayor Muldoon, Mayor Pro Tem Blom, Council Member Avery,
Council Member Dixon, Council Member Duffield, Council Member
O'Neill
NAYS:
RECUSED: Council Member Brenner
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
x 0,., C � ct.'�
AA ON C. HARP, CITY ATTORNEY
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; that the foregoing ordinance, being Ordinance
No. 2022-5 was duly introduced on the 22"d day of February, 2022, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 8th day of March, 2022, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
RECUSED: Council Member Joy Brenner
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 9th day of March, 2022.
r,
Leilani I. Brown, MMC
City Clerk
1�m<
CERTIFICATE OF PUBLICATION
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
Ordinance No. 2022-5 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: February 26, 2022
Adopted Ordinance: March 12, 2022
In witness whereof, I have hereunto subscribed my name this day of March, 2022.
�_'/_r FOR
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Leilani I. Brown1. Brown, MMC
City Clerk
City of Newport Beach, California