HomeMy WebLinkAbout04 - Updating Accessory Dwelling Unit Regulations to Implement Council Policy K-4 and to Comply with State Law (PA2021-113)Q SEW Pp�T
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<,FORN'P City Council Staff Report
February 14, 2023
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jaime Murillo, Principal Planner, jmurillo@newportbeachca.gov
PHONE: 949-644-3209
TITLE: Ordinance No. 2023-2: A Code Amendment Updating Accessory
Dwelling Unit Regulations to Implement Council Policy K-4 and to
Comply with State Law (PA2021-113)
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance No. 2023-2 amending
Title 20 (Planning and Zoning) of the Newport Beach Municipal Code revising regulations
pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU).
The update will conform with revisions to State law that went into effect on January 1, 2023.
The amendments also include revisions recommended by the Planning Commission Ad Hoc
Committee to incentivize ADU production consistent with Council Policy K-4. The attached
ordinance was introduced and considered at the January 24, 2023, City Council meeting.
RECOMMENDATIONS:
a) Find this project statutorily exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the
adoption of an ordinance regarding second units to implement the provisions of
Sections 65852.1 and 65852.2 of the Government Code are exempt from the
requirements of CEQA; and
c) Conduct second reading and adopt Ordinance No. 2023-2, An Ordinance of the City
Council of the City of Newport Beach, California, Adopting Code Amendment
No. CA2021-005 Amending Section 20.48.200 (Accessory Dwelling Units) of the
Newport Beach Municipal Code to Implement Council Policy K-4 (Reducing the
Barriers to the Creation of Housing) and New State Law Requirements Related to
Accessory Dwelling Units (PA2021-113).
DISCUSSION:
In 2022, the State adopted another group of housing bills aimed at addressing the housing
crisis, including SIB 897 (Chapter 6664, Statutes of 2021) and AB 2221 (Chapter 650,
Statutes of 2021), that amended Government Code Sections 65852.2 and 65852.22 to
impose new limits on the City of Newport Beach's (City's) ability to regulate ADUs and
JADUs.
4-1
Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law
February 14, 2023
Page 2
The proposed Title 20 amendment is necessary to update regulations pertaining to ADUs
and JADUs to conform with these recent revisions to State law that went into effect on
January 1, 2023. The proposed amendment also includes revisions recommended by the
Planning Commission Ad Hoc Committee to incentivize ADU production consistent with
Council Policy K-4. Council Policy K-4 encourages the development of ADUs as an
important strategy to accommodate future growth and is an integral strategy to help meet
the City's Regional Housing Needs Allocation (RHNA).
On January 24, 2023, the City Council introduced Ordinance No. 2023-2, revising
regulations pertaining to ADUs and JADUs as discussed above. The attached ordinance
includes revisions made to the draft ordinance at the hearing related to the allowed
building height of detached ADUs. The allowed building height is consistent with the
minimum allowances required by State law.
California Coastal Commission Review (Title 21 Amendments)
Similar to the amendment to Title 20, Title 21 currently regulates ADUs inconsistent with
State law. On January 24, 2023, the City Council adopted Resolution No. 2023-8,
authorizing submittal of Local Coastal Program (LCP) Amendment No. LC2021-003
revising regulations pertaining to ADUs and JADUs to Title 21 to the California Coastal
Commission (CCC). Upon approval of proposed LCP Amendment No. LC2021-003 by
the CCC, staff will return to the City Council with an ordinance adopting the amendment.
Staff estimates it will return to the City Council within the year.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is exempt from environmental review
under the California Environmental Quality Act (CEQA) pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states that the
adoption of an ordinance regarding second units in a single-family or multifamily zone by
a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the
Government Code are exempt from the requirements of CEQA. Similarly, the ministerial
approval of ADUs would not be a project for CEQA purposes, and environmental review
would not be required prior to approving individual applications.
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).
ATTACHMENT:
Attachment A — Ordinance No. 2023-2
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Attachment A
Ordinance No. 2023-2
M
ORDINANCE NO. 2023- 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING CODE
AMENDMENT NO. CA2021-005 AMENDING SECTION
20.48.200 (ACCESSORY DWELLING UNITS) OF THE
NEWPORT BEACH MUNICIPAL CODE TO IMPLEMENT
COUNCIL POLICY K-4 (REDUCING THE BARRIERS TO
THE CREATION OF HOUSING) AND NEW STATE LAW
REQUIREMENTS RELATED TO ACCESSORY DWELLING
UNITS (PA2021-113)
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, on March 9, 2021, the City Council adopted Resolution No. 2021-
18 to add City Council Policy K-4 (Reducing the Barriers of the Creation of Housing),
which encourages the development of accessory dwelling units ("ADU") as an important
strategy to accommodate future growth and is an integral strategy to help meet the
City's Regional Housing Needs Allocation ("RHNA");
WHEREAS, on May 25, 2021, the City Council adopted Resolution No. 202143,
initiating a code amendment to Title 20 (Planning and Zoning) to modify regulations
relating to the development of ADU and junior accessory dwelling units ("JADU");
WHEREAS, on October 7, 2021, the Planning Commission formed an Ad Hoc
Committee to evaluate potential code amendments related to encouraging new ADU
development within the City;
WHEREAS, in 2022, the California Legislature adopted SB 897 and AB 2221,
amending California Government Code Sections 65852.2 and 65852.22 to impose new
limits on a city's ability to regulate ADUs and JADUs;
WHEREAS, 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 ("Code Amendment No. CA2021-
005"), and to incorporate the recommendations of the Ad Hoc Committee;
Ordinance No. 2023-
Page 2 of 4
WHEREAS, a public hearing was held by the Planning Commission on January 5,
2023, 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 California Government Code Section 54950 et seq. ("Ralph M.
Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2023-004 by a unanimous vote (5 ayes -- 0 nays),
recommending approval of Code Amendment No. CA2021-005 to the City Council; and
WHEREAS, a duly noticed public hearing was held by the City Council on
January 24, 2023, 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 20.62 (Public Hearings) 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:
Section 1: The City Council does hereby approve Code Amendment No.
CA2021-005 to amend Chapter 20.48 (Accessory Dwelling Units) of the NBMC as set
forth in Exhibit "A," and based upon the Findings in Exhibit "B", both of which are attached
hereto and incorporated herein by reference.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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.
[R
Ordinance No. 2023-
Page 3 of 4
Section 4: The City Council finds the introduction and adoption of this
ordinance is statutorily and categorically exempt from environmental review under the
California Environmental Quality Act ("CEQA") pursuant to Section 21080.17 of the
California Public Resources Code and Section 15282(h) of the California Code of
Regulations, Title ,14, Division 6, Chapter 3 ("CEQA Guidelines") which exempts from
the requirements of CEQA, the adoption of an ordinance regarding second units to
implement the provisions of Sections 65852.1 and 65852.2 of the Government Code.
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 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Wo
Ordinance No. 2023-
Page 4 of 4
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 be effective thirty
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 24th day of January, 2023, and adopted on the 14th day
of February, 2023, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
N C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A - Code Amendment No. CA2021-005
Exhibit B - Findings in Support of Code Amendment No.
CA2021-005
GPI
EXHIBIT "A"
ZONING CODE AMENDMENT NO. CA2021-005
Section 20.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code is
amended in its entirety to read as follows:
20.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation
of accessory dwelling units and junior accessory dwelling units, as defined in Part 7
(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 legally established nonconforming zoning condition(s),
building code violation(s), and/or unpermitted structure(s) that do/does not present
a threat to public health and safety and is/are not affected by the construction of
the accessory dwelling unit or junior accessory dwelling unit. 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 issuance of
a building permit 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 building permit 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 Accessory Dwelling Units Allowed. The following is the
maximum number of accessory dwelling units allowed on any residential lot. For
purposes of this section, multi -unit dwelling means a structure or development
containing two (2) or more dwelling units. 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 Category. Only one (1)
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 one hundred fifty (150) square feet if the expansion is limited to
accommodating ingress and egress.
b. The accessory dwelling unit shall 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).
2. Attached on Lot with Single -Unit or Multi -Unit Dwelling Category. Only 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.
3. Detached on Lot with Single -Unit or Multi -Unit Dwelling Category. Only one
(1) detached new -construction accessory dwelling unit may be permitted on a lot
with a proposed or existing single -unit dwelling. Up to two (2) detached new -
construction accessory dwelling units may be constructed on a lot that has an
existing or proposed multi -unit dwelling. For purposes of this section, a multi -unit
development approved and built as a single complex shall be considered one (1)
lot, regardless of the number of parcels.
4. 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 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.
E. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) junior
accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit
dwelling, subject to the following:
1. The junior accessory dwelling unit is proposed to be attached to, or within the
space of, a proposed or existing single -unit dwelling.
2. The junior accessory dwelling unit shall have independent exterior access from
the single -unit dwelling and may provide interior access to the single -unit
dwelling.
3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings
and Construction).
4. The junior accessory dwelling unit may be constructed in addition to an
accessory dwelling unit on the lot with a proposed or existing single -unit dwelling.
A junior accessory dwelling unit is not permitted on a lot with a proposed or
existing multi -unit dwelling.
F. Development Standards. Except as modified by this subsection, an accessory
dwelling unit and/or junior accessory dwelling unit shall conform to all objective
standards of the underlying residential zoning district, any applicable overlay district,
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and all other applicable provisions of Title 20 (Planning and Zoning), 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 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. For an accessory
dwelling unit that will replace a detached garage, the building and demolition
permits shall be reviewed and issued concurrently.
c. Attached and detached accessory dwelling units shall provide a minimum
setback of four (4) feet from all side property lines and rear property lines not
abutting an alley unless the setback requirements of the underlying zoning
district are less restrictive.
3. Building Height.
a. Internal. Accessory dwelling units and junior accessory dwelling units
internal to an existing or proposed single -unit or multi -unit dwelling shall comply
with the height limit as required by underlying zoning district.
b. Attached. Accessory dwelling units and junior accessory dwelling units
attached to an existing or proposed single -unit or multi -unit dwelling shall
comply with the height limit as required by underlying zoning district.
c. Detached accessory dwelling units shall not exceed a height of sixteen (16)
feet except as noted below:
i. An accessory dwelling unit constructed on a lot with an existing or
proposed multi -unit, multi -story dwelling shall not exceed a height of
eighteen (18) feet.
ii. 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 the accessory dwelling unit meets the
minimum setbacks required by underlying zoning district and the principal
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dwelling unit complies with parking standards set forth in Section
20.40.040.
iii. An accessory dwelling unit constructed on a lot with an existing or
proposed single -unit or multi -unit dwelling that is located within one-half
mile walking distance of a major transit stop or high -quality transit corridor,
as those terms are defined in Section 21155 of the Public Resources
Code shall not exceed a height of eighteen (18) feet. An additional two (2)
feet in height shall be permitted to accommodate a roof pitch on the
accessory dwelling unit that is aligned with the roof pitch of the primary
unit.
4. Unit Size.
a. The maximum size of a detached or attached accessory dwelling unit is
eight hundred fifty (850) square feet for a studio or one -bedroom unit and one
thousand (1,000) square feet for a two (2) or more bedroom unit.
b. Application of size limitations set forth in subsection (F)(4)(a) of this section,
shall not apply to an accessory dwelling unit that is converted as part of a
proposed or existing space of a principal residence or existing accessory
structure.
C. Application of 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 front setback, floor area limit, open space, or site coverage
requirement reduce the accessory dwelling unit to less than eight hundred
(800) square feet where there is no other alternative to comply, and only to the
extent necessary to construct the accessory dwelling unit.
d. The maximum size of a junior accessory dwelling unit shall be five hundred
(500) square feet.
e. The minimum size of an accessory dwelling unit or junior accessory
dwelling unit shall be at least that of an efficiency unit.
5. Walkout Basement Floor Area Limit Exception. The gross floor area of an
accessory dwelling unit or junior accessory dwelling shall be excluded from the
allowable floor area limit when located below grade within a basement.
Daylighting of the basement shall only be permitted where excavation is
necessary to provide exterior access to the main surface level and in compliance
with the following:
a. The access passageway, inclusive of any necessary shoring, may encroach
into a side setback area;
b. The passageway shall be free of obstructions from the ground level to a
height of eight (8) feet; and
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c. The access passageway shall measure a minimum of thirty-six (36) inches in
width, measure a maximum of sixty (60) feet in length, and shall not be
located within a yard fronting a public right-of-way.
Figure 3-7
Walkout Basement Floor Area Limit Exception
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, nor shall the construction of an accessory dwelling unit and/or
junior accessory dwelling unit require fire sprinklers to be installed in the existing
single -unit or multi -unit dwelling.
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
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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. An accessory dwelling unit internal to a proposed principal residence
or converted from existing space of a principal residence or existing
accessory structure;
ii. An accessory dwelling unit 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. An accessory dwelling unit 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.
vi. Outside the coastal zone, when an accessory dwelling unit is
constructed in conjunction with a new single -unit or multi -unit dwelling on
the same lot.
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. Accessory dwelling units shall not displace required uncovered
parking spaces. Refer to Section 21.48.200(G)(8)(e) for replacement parking in
the coastal zone.
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) of this section, 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
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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
on -site 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.
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 for Junior Accessory Dwelling Units. A natural person with
legal or equitable title to the lot must reside in either the principal single -unit
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.
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EXHIBIT "B"
FINDINGS IN SUPPORT OF ZONING CODE AMENDMENT NO. CA2021-005
1. Zoning Code Amendment No. CA2021-005 is consistent with and implements
California Government Code Sections 65852.2 and 65852.22.
2. 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 ADUs and JADUs continue to
promote the health, safety, and welfare of the community.
3. As permitted by California Government Code Section 65852.2, the City finds that
maintaining the prohibition of 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.
4. The City is a coastal community with numerous coastal resources that attract over
seven million annual visitors. This includes public beaches, Newport Harbor, Balboa
Peninsula, Balboa Island, and Newport Bay. The number of annual visitors, coupled
with historic development patterns of the City, has created a significant impact on the
limited parking supply. The loss of off-street parking on residential lots would
exacerbate the continual public parking problems in the Coastal Zone, as it shifts
residential parking from on -site to on -street. Government Code Section
65852.2(a)(1)(D)(xi) notes that off-street parking shall not be required to be replaced
when a garage, carport, or other covered parking is converted to an ADU or JADU.
Notwithstanding this, Government Code Section 65852.2(I) 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..."
5. 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. To preserve the limited parking supply and ensure this amendment is
consistent with the California Coastal Act, this amendment maintains and clarifies that
the requirement for replacement parking is needed when existing parking is displaced
by a ADU or JADU. The amendment also requires parking to provide for an ADU
constructed in conjunction with a new single -unit or multi -unit development when not
located within '/z mile walking distance to a bus stop.
6. Zoning Code Amendment No. CA2021-005 would serve to implement Housing
Element Policy Action 1H (Accessory Dwelling Unit Construction) of the 2021-2029
Housing Element. Policy Action 1 requires the City to analyze methods to
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aggressively support and accommodate ADU construction within 12 months of
Housing Element adoption and establish a program within 24 months of adoption.
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