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HomeMy WebLinkAbout34 - Amending Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC Updating ADU and JADU Standards (PA2025-0093)Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report August 26, 2025 Agenda Item No. 34 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Oscar Orozco, Associate Planner - 949-644-3219, oorozco@newportbeachca.gov TITLE: Ordinance No. 2025-20 and Resolution No. 2025-54 Amending Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Updating ADU and JADU Standards (PA2025-0093) ABSTRACT: For the City Council's consideration are amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) to update regulations pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). The amendments are intended to comply with State of California ADU laws that went into effect on March 27, 2024, and January 1, 2025. RECOMMENDATIONS: a) Conduct a public hearing; b) 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 66310 through 66342 of the Government Code are exempt from the requirements of CEQA and pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program; c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2025-20, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 20.48.200 (Accessory Dwelling Units) of the City of Newport Beach Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units (PA2025-0093), and pass to second reading on September 9, 2025; and d) Adopt Resolution No. 2025-54, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units (PA2025-0093). 34-1 Ordinance No. 2025-20 and Resolution No. 2025-54 Amending Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Updating ADU and JADU Standards (PA2025-0093) August 26, 2025 Page 2 DISCUSSION: On February 14, 2023, the City Council adopted Ordinance No. 2023-2, the most recent update to the City's ADU regulations. The ordinance was submitted to the California Department of Housing and Community Development (HCD) for review, as required by State law. In 2024, the State Legislature enacted several housing bills (SB 477, AB 2533, and SB 1211) amending Government Code Sections 66310 through 66342 to impose new requirements on ADUs and JADUs. These changes apply to charter cities and are intended to remove barriers, reduce costs, streamline approvals, and expand ADU and JADU development to address the housing shortage. Additional details regarding these housing bills are provided in the Changes to State ADU Laws subsection of this report. Following adoption of the City's revised Housing Element on September 24, 2024, HCD reviewed the City's ADU ordinance as part of the Housing Element recertification process and, on October 1, 2024, issued a letter (HCD Letter) stating that it does not comply with State ADU Law (Attachment C). The HCD Letter outlined areas requiring revision and directed the City to (1) update the ordinance to address the comments or (2) justify how the existing ordinance is consistent with State law. The comments received by HCD were intended to guide the City in addressing the changes to State law. The HCD Letter also stated that failure to act may result in notification to the California Attorney General. On October 25, 2024, the Community Development Department responded to HCD, affirming the City's intent to revise the ordinance and ensure compliance with State law. Planning Commission Review On July 17, 2025, the Planning Commission considered the proposed amendments to Titles 20 and 21 of the Newport Beach Municipal Code (NBMC). Prior to the public hearing, one public comment letter was received from the California Housing Defense Fund. The letter provided two separate comments on the proposed amendments related to Government Code Section 66323. The first comment was related to the allowance of up to eight detached ADUs on parcels with existing multifamily lots, and the second comment related to not imposing historic standards on ADUs. Staff addressed the comment letter during the public hearing, noting that the amendment already includes a reference to Government Code Section 66323, which permits up to eight detached ADUs on existing multifamily lots. Additionally, staff revised the draft code language to address the second comment regarding historic resources. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2025-014 by a unanimous vote (4 ayes, 0 nays, 3 absent) recommending approval of the Zoning Code Amendment to the City Council and recommending the City Council authorize the submittal of the Local Coastal Program Amendment to the California Coastal Commission. A copy of the July 17, 2025, Planning Commission staff report is included as Attachment D and the meeting minutes are included as Attachment E. 34-2 Ordinance No. 2025-20 and Resolution No. 2025-54 Amending Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Updating ADU and JADU Standards (PA2025-0093) August 26, 2025 Page 3 Changes to State ADU Laws SB 477, effective March 25, 2024, reorganized the numbering of Government Code sections related to ADUs and JADUs. AB 2533, effective January 1, 2025, introduced updates addressing unpermitted ADUs, which the City has incorporated into its SAFE ADU Program to help homeowners legalize units built before January 1, 2020. SB 1211, also effective January 1, 2025, revised regulations for replacement parking and introduced streamlined "66323 Units" (described below) for multifamily properties, further expanding ADU development opportunities. SB 1211 created a new category of ADUs called "66323 Units" under Government Code Section 66323. These units must be approved ministerially and are exempt from most local development standards (i.e. height, setbacks, etc.), though they must still meet building code and health and safety rules. There are four types of 66323 Units: 1. Single Unit Internal ADUs and JADUs • One ADU per lot is permitted within converted space of a proposed or existing single -unit dwelling or accessory structure. • No additional setbacks are required beyond that of the existing or proposed structure and applicable building and safety minimum requirements. • ADUs converted from accessory structures are eligible for a 150 square - foot expansion to accommodate ingress and egress. • One JADU per lot is permitted within the proposed or existing space of a single -unit dwelling or accessory structure. 2. Single -Unit Detached ADUs • One detached new construction ADU is permitted on lots with an existing or proposed single -unit dwelling. • 4-foot side and rear yard setbacks are allowed. • The maximum unit size is 800 square feet. • Height limitation of 16 or 18 feet depending on conditions specified in Government Code Section 66321, subdivision (b)(4). 3. Multi -unit Converted ADUs Conversion ADUs may be created within the portions of existing multi -unit structures that are not used as livable space. At least one ADU is within an existing multi -unit dwelling and up to 25% of the existing multi -unit dwelling units. 4. Multi -unit Detached ADUs Two detached ADUs are allowed on a lot with a proposed multi -unit dwelling, or up to eight detached ADUs are allowed on a lot with an existing multi -unit dwelling, not to exceed the number of existing units on the lot. 34-3 Ordinance No. 2025-20 and Resolution No. 2025-54 Amending Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Updating ADU and JADU Standards (PA2025-0093) August 26, 2025 Page 4 • 4-foot rear and side yard setbacks are allowed. • Height limits of 16, or 18 feet depending on conditions specified in Government Code Section 66321, subdivision (b)(4). Proposed Amendments The proposed ordinance (Attachment A) and proposed resolution (Attachment B) address all comments identified in the HCD Letter and associate changes to State ADU Law. Table 1 (HCD Letter Summary) of Attachment F summarizes the comments provided by HCD and identifies how the City intends to address those comments. As requested by HCD, the ordinance and resolution include an exhibit with the findings addressing why certain changes requested by HCD are not necessary to comply with State ADU law. All the other suggested changes have been made in the proposed ordinance. Specifically, amendments to Sections 20.48.200 (Accessory Dwelling Units) and 21.48.200 (Accessory Dwelling Units) of the NBMC are proposed. Although the titles of said sections reference ADUs, these sections also govern JADUs. Redlines of Sections 20.48.200 and 21.48.200 of the NBMC addressing the HCD Letter are included as Attachments G and H, respectively. The Planning Division has also created a matrix to assist the public and staff in understanding ADU regulations. The ADU Ordinance Summary Matrix (Attachment 1) provides an outline of the current ADU regulations and the Proposed ADU Ordinance Summary Matrix provides an outline of the proposed ADU regulations (Attachment J). General Plan Consistency State law considers ADUs to be accessory residential uses that do not increase a property's allowed density and are consistent with the General Plan and Zoning. As a result, no changes to the General Plan are needed. Adopting an ordinance that follows Government Code Sections 66310 through 66342 supports the City's commitment to expanding ADU development, as outlined in Policy Action 1 H of the 2021-2029 Housing Element. Local Coastal Plan The Local Coastal Plan (LCP) currently regulates ADUs in a way that doesn't align with State law. If the City Council adopts the Zoning Code amendment, staff will submit related changes to the LCP for review and approval by the California Coastal Commission (CCC). Updating the LCP ordinance will help the City carry out Local Coastal Program Policy 2.7- 5, which supports State ADU laws to increase affordable housing in coastal areas while preserving neighborhood character. HCD Review 34-4 Ordinance No. 2025-20 and Resolution No. 2025-54 Amending Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Updating ADU and JADU Standards (PA2025-0093) August 26, 2025 Page 5 Government Code Section 66326 requires the City to submit the ordinance to HCD within 60 days of adoption. Should the City Council approve the proposed ordinance to amend Title 20, staff will forward the ordinance to HCD for review. If HCD finds the ordinance does not comply with the new ADU laws, HCD will notify the City. Should this occur, the City would have 30 days to either amend the ordinance or adopt additional findings that explain the reason the ordinance complies with the statute. Since the amendment to Title 21 requires CCC approval, the ordinance amending Title 21 will be submitted to HCD after the CCC LCP amendment process is complete. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project 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 to implement the provisions of Sections 66310 through 66342 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. In addition, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program. NOTICING: Pursuant to Section 13515 of the California Code of Regulations, a review draft of the LCP amendment was made available, and a Notice of Availability was distributed on July 15, 2025, to all persons and agencies on the Notice of Availability mailing list. Notice of this hearing was published in the Daily Pilot as an eighth -page advertisement, consistent with the provisions of the NBMC. The item also appears on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Attachment A — Ordinance No. 2025-20 Attachment B — Resolution No. 2025-54 Attachment C — HCD Review Letter, Dated October 1, 2024 Attachment D — July 17, 2025, Planning Commission Staff Report (Without Attachments) Attachment E — July 17, 2025, Planning Commission Minutes Attachment F — HCD Comment Summary Attachment G — NBMC Title 20 (Planning and Zoning), proposed redlined code changes 34-5 Ordinance No. 2025-20 and Resolution No. 2025-54 Amending Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Updating ADU and JADU Standards (PA2025-0093) August 26, 2025 Page 6 Attachment H — NBMC Title 21 (Local Coastal Program Implementation Plan), proposed redlined code changes Attachment I — Existing ADU Ordinance Summary Matrix Attachment J — Proposed ADU Ordinance Summary Matrix 34-6 Attachment A Ordinance No. 2025-20 34-7 ORDINANCE NO. 2025-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 20.48.200 (ACCESSORY DWELLING UNITS) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (PA2025-0093) WHEREAS, Section 200 of the City 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 municipal affairs subject only to the restrictions and limitations contained in the City 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 City of Newport Beach adopted Ordinance No. 2017-11, its accessory dwelling unit ordinance, as Sections 20.48.200 (Accessory Dwelling Units) and 21.48.200 (Accessory Dwelling Units) ("ADU Ordinance") of the Newport Beach Municipal Code ("NBMC") on August 8, 2017; WHEREAS, since its original adoption, the ADU Ordinance has been amended several times to address changes to State Accessory Dwelling Unit ("ADU") law including, Ordinance No. 2018-14, Ordinance No. 2020-9, Ordinance No. 2022-5, and Ordinance No. 2023-2; WHEREAS, additionally, the City Council adopted Resolution No. 2021-18 adding City Council Policy K-4 (Reducing the Barriers of the Creation of Housing) to the City Council Policy Manual on March 9, 2021, to encourage the development of accessory dwelling units as an important strategy to meet the City's Regional Housing Needs Allocation ("RHNA"); WHEREAS, the California Legislature continues to adopt laws imposing new limits on cities' ability to regulate ADUs and Junior Accessory Dwelling Units ("JADUs") including Senate Bill 477, which renumbered California Government Code Sections 65852.2, 65852.22, 65852.23, and 65852.26 to Government Code Section 66310 et seq., Assembly Bill 2533, Senate Bill 1211, and Assembly Bill 130; WHEREAS, Zoning Code Amendment No. 2025-093 is necessary for consistency with state law; VaR Ordinance No. 2025- Page 2 of 4 WHEREAS, a public hearing was held by the Planning Commission regarding Zoning Code Amendment PA2025-0093 on July 17, 2025, 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 conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2025-014 by a unanimous vote (4 ayes, 0 nays, 3 absent) recommending approval of Zoning Code Amendment PA2025-0093 and Local Coastal Amendment No. PA2025-0093 to the City Council; and WHEREAS, a public hearing was held by the City Council on August 26, 2025, 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 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 Zoning Code Amendment PA2025-0093 as set forth in "Exhibit A," based upon the Facts in Support of Zoning Code Amendment PA2025-0093 set forth in "Exhibit B," both of which are attached hereto and incorporated herein by reference. Section 2: An amendment to Title 21 (Local Coastal Program Implementation Plan) is also underway pursuant to Resolution 2025-_ to approve Local Coastal Program Amendment No. PA2025-0093. Zoning Code Amendment PA2025-0093 shall not become effective for projects located in the coastal zone for which Title 21 is applicable until approval of the Local Coastal Program Amendment by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by ordinance of the City Council of the City of Newport Beach. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 34-9 Ordinance No. 2025- Page 3 of 4 Section 4: 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 5: The City Council finds the introduction and adoption of this ordinance is statutorily 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 66310 through 66342 of the Government Code are exempt from the requirements of CEQA. In addition, this Local Coastal Program Amendment is exempt from environmental review pursuant to CEQA Guidelines Section 15265(a)(1), as local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program. 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 6: 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. 34-10 Ordinance No. 2025- Page 4 of 4 Section 7: 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 26th day of August, 2025, and adopted on the 9th day of September, 2025, by the following vote, to -wit: AYES: NAYS: ABSENT: Joe Stapleton, Mayor ATTEST: Molly Perry, Interim City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 1,16-- 41W_ Aaron P. Harp, eity Attorney Attachment(s): Exhibit "A" — Zoning Code Amendment (PA2025-0093) Exhibit "B" — Facts in Support of Zoning Code Amendment (PA2025- 0093) 34-11 EXHIBIT "A" ZONING CODE AMENDMENT NO. PA2025-0093 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 amended 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 66310 through 66342, 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 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 California Government Code Section 66323; 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: 34-12 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. Unless precluded by Government Code Section 66323 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 development containing two or more dwelling units on one lot. 1. Internal to a Single -Unit or Multi -Unit Dwelling Category. Only one 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 Titles 9 (Fire Code) and 15 (Buildings and Construction). 2. Attached on Lot With Single -Unit or Multi -Unit Dwelling Category. Only one 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 detached new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. Up to two 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 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 34-13 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 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 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 Titles 9 (Fire Code) and 15 (Buildings and Construction). 4. The junior accessory dwelling unit maybe 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 or authorized by California Government Code Section 66317 and 66323, 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, 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. 34-14 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 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 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 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 California Public Resources Code Section 21155, shall not exceed a height of eighteen (18) feet. An additional two 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 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 34-15 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 or as required by the California Building Code (CBC). 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 feet; and 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 34-16 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 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. 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 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, covered or uncovered parking space 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. Outside the coastal zone, when a garage is demolished 34-17 in conjunction with the construction of a junior accessory dwelling unit at the same location or converted to a junior accessory dwelling unit, that off-street parking space is not required to be replaced. Refer to Section 21.48.200(F)(8)(e) for replacement parking in the coastal zone. 9. Historic Resources. 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. 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 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 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. Except as authorized in California Government Code 66341, 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. 34-18 I. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for a 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 junior accessory dwelling unit exists on the lot. 34-19 EXHIBIT "B" FACTS IN SUPPORT OF CODE AMENDMENT (PA2025-0093) An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of the NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the Zoning Code Amendment is consistent with the City Council' s initiation and allows for orderly residential development while protecting property rights, as identified below. 1. 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. 2. Allowing ADUs and JADUs 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). 3. Adopting an ordinance consistent with Government Code Sections 66310 through 66342 ensures and reinforces the commitment that the City has made to promote and incentivize ADU growth via the established Policy Action 1 H: Accessory Dwelling Unit Construction of the City's 6th Cycle Housing Element. 4. Adopting an ordinance to address State ADU Law revisions is consistent with Council Policy K-4 (Reducing the Barriers to the Creation of Housing) which encourages the development of accessory dwelling units as an important strategy to accommodate future growth and as an integral strategy to help meet the City's Regional Housing Needs Allocation (RHNA). 5. ADUs and JADUs offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods inside and outside the coastal zone, while respecting architectural character. 6. Adopting an ordinance consistent with Government Code Sections 66310 through 66342 ensures that the character of the City is preserved to the maximum extent possible and that the City's regulation regarding ADUs and JADUs continues to promote the health, safety, and welfare of the community. 7. The proposed amendments are consistent with and implement California Government Code Sections 66310 through 66342. The proposed changes to the NBMC are solely intended to address updated requirements under State ADU Law and the HCD Letter. No additional changes are proposed as part of this amendment. 34-20 8. The HCD Letter requests that NBMC Section 20.38.200 (D) (3) and (4)(a)(iii) be amended to address the definition of a "lot". HCD cites the 2022 California Building Code (CBC), which defines "lot" as "A portion or parcel of land considered as a unit". However, Government Code Sections 66310 through 66342 do not include a definition of a "lot" and do not cite the CBC for the definition of a "lot". The existing language of NBMC Section 20.38.200 (D)(3) and (4)(a)(iii) reads, "For purposes of this section, a multi -unit development approved and built as a single complex shall be considered one lot, regardless of the number of parcels." This language is consistent with NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases) which defines a "lot" as, "...the basic unit of land development. A designated area of land established by plat, subdivision, lot line adjustment, or as otherwise permitted by law, to be used, developed, or built upon as a unit. Typically, a lot is indicated upon a final map, parcel map, lot line adjustment map, certificate of compliance, or record of merger filed in the Office of the County Recorder...". Furthermore, NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases) defines "Site" as, "...a lot or adjoining lots under single ownership or single control, considered as a [Numerical] unit for the purposes of development or other use." These codified definitions adequately define "lot" for the purpose of regulating ADUs and JADUs, therefore, no changes are necessary to address this comment from HCD. 9. The HCD Letter asserts that the City cannot impose standards of a local ordinance, regulation, or policy not contained within the City's ADU ordinance from being the basis of delay or denial of an ADU or JADU, with the exception of the CBC. However, pursuant to Government Code Section 66314 (b)(1), a local jurisdiction is allowed to impose objective standards on ADUs and JADUs, with the exception of ADUs and JADUs that are specifically protected under Section 66323 of the Government Code. Therefore, the proposed amendment includes references to Government Code 66323 to ensure that Government Code 66323 supersedes the development standards of the NBMC where applicable. 10. The HCD Letter requests NBMC Section 20.38.200 (F)(2)(b) related to setbacks be amended to include reference to JADUs in the language to process building permits and demolition permits concurrently for ADUs that are proposed to replace a detached garage. However, Government Code sections 66310 through 66342 do not explicitly allow JADUs to be created from detached structures, including garages. Therefore, adding JADUs into NBMC Section 20.38.200 (F)(3) would create privileges for JADU development that are not found in Government Code Sections 66310 through 66342. Therefore, the existing language is consistent with the provisions of Government Code Section 66333(d). No changes are necessary to address this comment from HCD. 11. The HCD Letter requests that NBMC Section 20.38.200 (F)(3)(b) be amended to clarify that the height limit for ADUs and JADUs attached to a primary dwelling shall not be less than 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. The existing ADU ordinance language outlines that attached ADUs and JADUs are limited to the base height limit for the primary dwelling. The City's various residential zoning districts have base height limits that exceed the 25- foot height limit allowed by the State, therefore, the City's existing ADU Ordinance is more permissive than State ADU Law. Imposing the requested amendment would impose a height limit that is lower than currently permitted by the underlying zoning 34-21 districts. Therefore, The City's existing ordinance is more permissive than State ADU Law and no amendments are necessary to address this comment from HCD. 12. The HCD letter requests that NBMC Section 20.48.200 (H)(3) be amended to remove owner occupancy requirements for ADUs. This revision is not necessary given the existing ADU ordinance does not require owner occupancy of ADUs and specifies that owner occupancy is only required for JADUs. JADU owner occupancy is authorized by Government Code Section 66333(b). Therefore, no changes are necessary to address this comment from HCD. 13. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 34-22 Attachment 6 Resolution No. 2025-54 34-23 RESOLUTION NO. 2025-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO THE CALIFORNIA COASTAL COMMISSION TO AMEND SECTION 21.48.200 (ACCESSORY DWELLING UNITS) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS (PA2025-0093) WHEREAS, Section 200 of the City 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 municipal affairs subject only to the restrictions and limitations contained in the City 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, Section 30500 of the California Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("CLUP") in 2005, which has been amended from time to time; WHEREAS, the California Coastal Commission ("Coastal Commission") effectively certified the City's Local Coastal Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21 ") to the City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, the City adopted Ordinance No. 2017-11, its accessory dwelling unit ordinance, as Sections 20.48.200 (Accessory Dwelling Units) and 21.48.200 (Accessory Dwelling Units) ("ADU Ordinance") of the NBMC on August 8, 2017; WHEREAS, since its original adoption, the ADU Ordinance has been amended several times to address changes to State Accessory Dwelling Unit ("ADU") law including, Ordinance No. 2018-14, Ordinance No. 2020-9, Ordinance No. 2022-5, and Ordinance No. 2023-2; 34-24 Resolution No. 2025- Page 2 of 4 WHEREAS, additionally, the City Council adopted Resolution No. 2021-18 adding City Council Policy K-4 (Reducing the Barriers of the Creation of Housing) to the City Council Policy Manual, on March 9, 2021, to encourage the development of accessory dwelling units as an important strategy to meet the City's Regional Housing Needs Allocation ("RHNA"); WHEREAS, the California Legislature continues to adopt laws imposing new limits on cities' ability to regulate ADUs and Junior Accessory Dwelling Units ("JADUs") including Senate Bill 477, which renumbered California Government Code Sections 65852.2, 65852.22, 65852.23, and 65852.26 to Government Code Sections 66310 et seq., Assembly Bill 2533, Senate Bill 1211, and Assembly Bill 130; WHEREAS, Local Coastal Program Amendment No. PA2025-0093 is necessary for consistency with state law; WHEREAS, a public hearing was held by the Planning Commission regarding Local Coastal Program Amendment No. PA2025-0093 on July 17, 2025, 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 conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2025-014 by a unanimous vote (4 ayes, 0 nays, 3 absent) recommending approval of Zoning Code Amendment No. PA2025-0093 and Local Coastal Program Amendment No. PA2025-0093 to the City Council; WHEREAS, a public hearing was held by the City Council on August 26, 2025, 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 City Council at this public hearing; and WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR") Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of Local Coastal Program Amendment No. PA2025-0093 were made available and a Notice of Availability was distributed at least six weeks prior to the final action date. 34-25 Resolution No. 2025- Page 3 of 4 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize staff to submit Local Coastal Program Amendment No. PA2025-0093 amending Section 21.48.200 (Accessory Dwelling Units) of the NBMC, which is attached hereto as Exhibit "A," based upon the Facts in Support of Local Coastal Program Amendment No. PA2025-0093 set forth in Exhibit "B," both of which are attached hereto and incorporated by reference, to the California Coastal Commission for review and approval. Section 2: Local Coastal Program Amendment No. PA2025-0093 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by ordinance of the City Council of the City of Newport Beach. Section 3: The LCP, including Local Coastal Program Amendment No. PA2025-0093, will be carried out in full conformity with the California Coastal Act. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 34-26 Resolution No. 2025- Page 4 of 4 Section 6: The City Council finds Local Coastal Program Amendment No. PA2025-0093 is statutorily 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 66310 through 66342 of the Government Code are exempt from the requirements of CEQA. In addition, Local Coastal Program Amendment No. PA2025-0093 is exempt from environmental review pursuant to CEQA Guidelines Section 15265(a)(1), as local governments are exempt from the requirements of CEQA in connection with the adoption of a LCP. 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 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 26th day of August 2025. Joe Stapleton Mayor ATTEST: Molly Perry Interim City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE -UL L-Ine- Aaron . Harp City At rney Attachment(s): Exhibit "A" — Local Coastal Program Amendment (PA2025-0093) Exhibit "B" — Facts in Support of Local Coastal Program Amendment (PA2025-0093) 34-27 EXHIBIT "A" LOCAL COASTAL PROGRAM AMENDMENT NO. PA2025-0093 Section 21.48.200 (Accessory Dwelling Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is amended 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 (Definitions) of this title and in California Government Code Sections 66310 through 66342, 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 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 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; and do/does not raise inconsistency with the coastal resource protection policies of subsection (C)(3) of this section. 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 building permit and the following conditions: 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 California Government Code Section 66323; 34-28 3. The dwelling conforms to the coastal resource protection development regulations of the Implementation Plan and Coastal Land Use Plan provisions, including Implementation Plan Section 21.28.040 (Bluff (B) Overlay District), 21.28.050 (Canyon (C) Overlay District), 21.30.100 (Scenic and Visual Quality Protection), or Chapter 21.30B (Habitat Protection); and 4. 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. Coastal Development Permits. 1. Application. The applicant shall obtain a coastal development permit, pursuant to Chapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or excluded from the coastal development permit process pursuant to Section 21.52.035 (Projects Exempt From Coastal Development Permit Requirements) or 21.52.045 (Categorical Exclusions). 2. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development Review Procedures) regarding the review and approval of coastal development permits in relation to accessory dwelling units are applicable, except that a public hearing as required by Chapter 21.62 (Public Hearings) shall not be required. Public notice shall be provided as required in Section 21.62.020, except the requirements of Section 21.62.020(A) shall be replaced with a statement that no local public hearing will be held and that written comments on the proposed development may be submitted. Written comments received shall be reviewed by the review authority. 3. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64 (Appeals and Calls for Review), coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealed to the Coastal Commission in accordance with the provisions of Section 21.64.035 without a discretionary hearing by the Planning Commission or City Council. E. Maximum Number of Accessory Dwelling Units Allowed. Unless precluded by Government Code Section 66323 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 development containing two or more dwelling units on one lot. 34-29 1. Internal to a Single -Unit or Multi -Unit Dwelling Category. Only one 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; or 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 Titles 9 (Fire Code) and 15 (Buildings and Construction). 2. Attached on Lot With Single -Unit or Multi -Unit Dwelling Category. Only one 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 detached new construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. Up to two 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 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 lot, regardless of the number of parcels. 34-30 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. F. Maximum Number of Junior Accessory Dwelling Units Allowed. One 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 Titles 9 (Fire Code) and 15 (Buildings and Construction). 4. The junior accessory dwelling unit maybe 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. G. Development Standards. Except as modified by this subsection or authorized by California Government Code Section 66317 and 66323, 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 21 (Local Coastal Program Implementation Plan), 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, unless a greater setback is needed to comply with subsection (C)(3) of this section. b. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required, beyond the existing setback provided, unless a greater setback is needed to comply with subsection (C)(3) of this section. 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. 34-31 C. Attached and detached accessory dwelling units shall provide a minimum setback of four 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 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 dwelling unit complies with parking standards set forth in Section 21.40.040. 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 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 or more bedroom unit. b. Application of the size limitations set forth in subsection (G)(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 setbacks, floor area limit, open space, or site coverage requirement 34-32 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 or as required by the California Building Code (CBC). 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 feet; and 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. Y 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. 34-33 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 parking space shall be required for each accessory dwelling unit. c. When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet. d. No parking shall be required for: i. An accessory dwelling unit internal to a proposed principal residence or converted from existing space of principal residence or existing accessory structure; ii. An accessory dwelling unit located within one-half mile walking distance of 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. e. Replacement Parking Necessary. When a garage, carport, or covered parking is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, replacement parking shall be provided. Replacement parking 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. Accessory dwelling units shall not displace required uncovered parking spaces. 34-34 9. Waterfront Development and Flood Hazard Areas. a. The minimum top of slab elevation for new interior living areas, including areas converted from nonliving areas, shall comply with the flood hazard and sea level rise protection standards of Section 21.30.015(D). b. Any development in shoreline hazardous areas shall comply with Section 21.30.015(E). 10. Historic Resources. 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. H. 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 (H)(3) of this section, the City may require the installation of a new or separate utility connection 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 or multi -unit dwellings. 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. I. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units. 1. No Separate Conveyance. Except as authorized in California Government Code 66341, 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 34-35 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. J. Deed Restriction and Recordation Required. 1. Prior to the issuance of a building and/or grading permit for a 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 junior accessory dwelling unit exists on the lot. 2. For properties in flood hazard areas as identified by the Federal Emergency Management Agency in the "Flood Insurance Study" for Orange County, California and Incorporated Area with accompanying FEMA Flood Insurance Rate Maps, deed restriction shall also include notice to future owners that the unit is located within an area that may be subject to flooding or future flooding. 3. For properties located in low lying shoreline areas that may be subject to future sea level rise, the property owner shall also record a waiver of future protection in compliance with Section 21.30.015(E)(5). 34-36 EXHIBIT "B" FACTS IN SUPPORT OF LOCAL COASTAL PROGRAM AMENDMENT (PA2025-0093) An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of the NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the Zoning Code Amendment is consistent with the City Council' s initiation and allows for orderly residential development while protecting property rights, as identified below. 1. 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. 2. Allowing ADUs and JADUs 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). 3. Adopting an ordinance consistent with Government Code Sections 66310 through 66342 ensures and reinforces the commitment that the City has made to promote and incentivize ADU growth via the established Policy Action 1 H: Accessory Dwelling Unit Construction of the City's 6tn Cycle Housing Element. 4. Adopting an ordinance to address State ADU Law revisions is consistent with Council Policy K-4 (Reducing the Barriers to the Creation of Housing) which encourages the development of accessory dwelling units as an important strategy to accommodate future growth and as an integral strategy to help meet the City's Regional Housing Needs Allocation (RHNA). 5. By adopting an ordinance amending the Local Coastal Program, the City will continue to implement Coastal Land Use Plan Policy 2.7-5 of the Local Coastal Program, which encourages consistency with State ADU Law for the purpose of increasing the supply of lower -cost housing in the coastal zone that meets the needs of existing and future residents, while respecting the architectural character of the existing neighborhoods and remaining consistent with the LCP. 6. ADUs and JADUs offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods inside and outside the coastal zone, while respecting architectural character. 34-37 7. Adopting an ordinance consistent with Government Code Sections 66310 through 66342 ensures that the character of the City is preserved to the maximum extent possible and that the City's regulation regarding ADUs and JADUs continues to promote the health, safety, and welfare of the community. 8. The proposed amendments are consistent with and implement California Government Code Sections 66310 through 66342. The proposed changes to the NBMC are solely intended to address updated requirements under State ADU Law and the HCD Letter. No additional changes are proposed as part of this amendment. 9. The HCD Letter requests that NBMC Section 20.38.200 (D) (3) and (4)(a)(iii) be amended to address the definition of a "lot". HCD cites the 2022 California Building Code (CBC), which defines "lot" as "A portion or parcel of land considered as a unit." However, Government Code Sections 66310 through 66342 do not include a definition of a "lot" and do not cite the CBC for the definition of a "lot". The existing language of NBMC Section 20.38.200 (D)(3) and (4)(a)(iii) reads, "For purposes of this section, a multi -unit development approved and built as a single complex shall be considered one lot, regardless of the number of parcels." This language is consistent with NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases) which defines a "lot" as, "...the basic unit of land development. A designated area of land established by plat, subdivision, lot line adjustment, or as otherwise permitted by law, to be used, developed, or built upon as a unit. Typically, a lot is indicated upon a final map, parcel map, lot line adjustment map, certificate of compliance, or record of merger filed in the Office of the County Recorder..." Furthermore, NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases) defines "Site" as, "...a lot or adjoining lots under single ownership or single control, considered as a [Numerical] unit for the purposes of development or other use." These codified definitions adequately define "lot" for the purpose of regulating ADUs and JADUs, therefore, no changes are necessary to address this comment from HCD. 10. The HCD Letter asserts that the City cannot impose standards of a local ordinance, regulation, or policy not contained within the City's ADU ordinance from being the basis of delay or denial of an ADU or JADU, with the exception of the CBC. However, pursuant to Government Code Section 66314 (b)(1), a local jurisdiction is allowed to impose objective standards on ADUs and JADUs, with the exception of ADUs and JADUs that are specifically protected under Section 66323 of the Government Code. Therefore, the proposed amendment includes references to Government Code 66323 to ensure that Government Code 66323 supersedes the development standards of the NBMC where applicable. 11. The HCD Letter requests NBMC Section 20.38.200 (F)(2)(b) related to setbacks be amended to include reference to JADUs in the language to process building permits and demolition permits concurrently for ADUs that are proposed to replace a detached garage. However, Government Code sections 66310 through 66342 do not explicitly allow JADUs to be created from detached structures, including garages. Therefore, adding JADUs into NBMC Section 20.38.200 (F)(3) would create privileges for JADU development that are not found in Government Code Sections 66310 through 66342. 34-38 Therefore, the existing language is consistent with the provisions of Government Code Section 66333(d). No changes are necessary to address this comment from HCD. 12. The HCD Letter requests that NBMC Section 20.38.200 (1=)(3)(b) be amended to clarify that the height limit for ADUs and JADUs attached to a primary dwelling shall not be less than 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower. The existing ADU ordinance language outlines that attached ADUs and JADUs are limited to the base height limit for the primary dwelling. The City's various residential zoning districts have base height limits that exceed the 25- foot height limit allowed by the State, therefore, the City's existing ADU Ordinance is more permissive than State ADU Law. Imposing the requested amendment would impose a height limit that is lower than currently permitted by the underlying zoning districts. Therefore, The City's existing ordinance is more permissive than State ADU Law and no amendments are necessary to address this comment from HCD. 13. The HCD letter requests that NBMC Section 20.48.200 (H)(3) be amended to remove owner occupancy requirements for ADUs. This revision is not necessary given the existing ADU ordinance does not require owner occupancy of ADUs and specifies that owner occupancy is only required for JADUs. JADU owner occupancy is authorized by Government Code Section 66333(b). Therefore, no changes are necessary to address this comment from HCD. 14. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 34-39 Attachment C HCD Review Letter Dated October 1, 2024 34-40 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM-Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT , 651 Bannon Street , a o Sacramento, CA 95811 (916) 263-2911 / FAX (916) 263-7453 �y www.hcd.ca.gov October 1, 2024 Jaime Murillo, Community Development Deputy Director Department of Community Development City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 Dear Jaime Murillo: RE: Review of Newport Beach's Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310 - 66342) Please Note: As of March 25, 2024, with the Chaptering of Senate Bill (SB) 477 (Chapter 7, Statutes of 2024), the sections of Government Code relevant to State ADU and junior accessory dwelling unit (JADU) Law have been re -numbered (Enclosure 1). Thank you for submitting the City of Newport Beach's accessory dwelling unit (ADU) Ordinance No. 2023-2 (Ordinance), adopted February 14, 2023, to the California Department of Housing and Community Development (HCD). The Ordinance was received on February 18, 2023. HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 66326, subdivision (a). HCD finds that the Ordinance fails to comply with State ADU and JADU Laws in the manner noted below. Pursuant to Government Code section 66326, subdivision (b)(1), the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than October 31, 2024. The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law as follows: 1. Section 20.48.200 B.4. — Legally Established Non -conforming Zoning Conditions — The Ordinance does not require ADUs and JADUs 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." However, Government Code section 66323, subdivision (b) specifically provides that a local agency shall not require the correction of nonconforming zoning conditions. Additionally, section 66322(b) prohibits the denial of a permit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not 34-41 present a threat to public health and safety and are not affected by the construction of the ADU. Neither section includes "legally established'. Unpermitted structures are unlikely legally established. The City's ordinance therefore likely restricts units whose protection is specifically provided for by statute. Therefore, the City must remove the phrase "legally established" from the Ordinance. 2. Section 20.48.200 C.2. — Conditions on Development— The Ordinance requires ADUs and JADUs conform to development standards and requirements "as provided in this section." Government Code section 66323, subdivision (a), states, "Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed -use zone to create any of the following..." Section 66323 precludes zoning development standards and requirements for ADUs and JADUs. Therefore, the City must note the exception for units described in subdivision (a) in its ordinance. 3. Section 20.48.200 D.1. — Unit Allowance — The Ordinance states, "Only one (1) of the categories described below in this subsection may be used per lot." However, Government Code section 66323, subdivision (a), states, "Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed -use zone to create any of the following: (1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single- family dwelling ... (A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single family dwelling or existing space of a single-family dwelling or accessory structure." Paragraph (2) permits "[o]ne detached, new construction, accessory dwelling unit that does not exceed four - foot side and rear yard setbacks." The use of the term "any" followed by an enumeration of by -right ADU types permitted means that any of these ADU types found in section 66323 can be combined on a lot zoned for single-family dwellings. This permits a homeowner, who meets specified requirements, to create one converted ADU; one detached, new construction ADU; and one JADU. Thus, if the local agency approves an ADU that is created from existing (or proposed) space, and the owner subsequently applies for a detached ADU that meets the size and setbacks pursuant to the subdivision, the local agency cannot deny the permit, nor deny a permit for a JADU under this subdivision. This subdivision applies equally to ADUs created pursuant to Government Code section 66323, subdivisions (a)(3) and (a)(4) on lots with proposed or existing multifamily dwellings. Limiting residential lots to one ADU would prevent property owners from creating ADUs by -right under subdivision (a) of section 66323 of the Government Code. 34-42 Therefore, the City must remove the restriction on the combination of units authorized by state law. 4. Section 20.48.200 DA & D.4.a.iii. — Multi -Unit Detached ADUs — The Ordinance states, "For the 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." However, Government Code section 66323, subdivision (a)(3)(A) requires that at least one ADU be permitted on a lot with a multifamily dwelling. Moreover, the 2022 California Building Code defines "lot" as "A portion or parcel of land considered as a unit." The City incorrectly limits the number of parcels within a `lot' which could result in a limitation on the number of ADUs on parcels. This could have the effect of limiting the number of ADUs allowable on parcels with multifamily units owned as separate interests. Therefore, the City should remove the restriction on parcels. 5. Section 20.48.200 F. — Development Standards — The Ordinance requires ADUs and JADUs to "conform to all objective standards of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions..." However, Government Code section 66317, subdivision (c) precludes local ordinance, regulation or policy not contained within the City's ADU ordinance from being the basis of delay or denial of an ADU or JADU permit application. While Government Code section 66314, subdivision (d)(8) refers to local building code standards, zoning and design standards that exist outside of the City's ADU ordinance cannot be imposed on ADUs. Moreover, local design standards provided by the Ordinance pursuant to Government Code sections 66314 — 66322 may not preclude the development of ADUs created per section 66323, as noted above. Therefore, the City must amend its ordinance to remove requirements that ADUs conform to underlying zoning standards, and `other' unspecified provisions not in the ADU ordinance. 6. Section 20.48.200 F.2.b. —Building and Demolition Permits —The Ordinance states, "For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently." The City should amend the Ordinance to specify that building, and demolition permits are reviewed and issued concurrently for JADUs as well. 7. Section 20.48.200 F.3. — Building Height — The Ordinance requires attached ADUs to "comply with the height limit as required by underlying zoning district." While this appears to comply with State ADU Law, Government Code section 66321, subdivision (b)(4)(D) precludes a local agency from requiring less than "A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local agency to allow an accessory dwelling unit to exceed two stories." The City's Ordinance does not reflect the 25 feet height minimum. Moreover, it is 34-43 unclear whether this requirement would permit a second story. The City should clarify these sections to ensure building heights and stories for attached ADUs are not unduly restricted. 8. Section 20.48.200 F.4.a. — ADU Size Maximum — The Ordinance limits the maximum unit size of attached and detached ADUs. However, Government Code section 66323, subdivision (a)(4), which applies to detached ADUs on lots with multifamily dwellings, does not have a size maximum. ADUs and JADUs created per section 66323 are not subject to the City's objective zoning standards, including size. The City's size maximum in this section therefore cannot limit detached ADUs allowed under section 66323. The City must amend the Ordinance to note the exception for detached ADUs allowed under section 66323. 9. Section 20.48.200 F.4.e. — JADU Minimum Size — The Ordinance requires a JADU to be a minimum size of an efficiency dwelling unit. While an ADU is defined as also including an efficiency dwelling unit, a JADU does not contain such a provision. While the maximum JADU size is 500 sq ft, a minimum JADU size is determined by applicable building and residential codes as the minimum room size plus an efficiency kitchen. Projects subject to the Supplement to the 2022 California Building Standards Code (CBC), section R304.1 through R304.3 of the California Residential Code (CRC), and sections 1208.1 through 1208.4 of the CBC, respectively, should be considered before applying a minimum JADU size. Since a minimum size of a JADU might be less than the minimum size of an efficiency dwelling unit, the City should amend the Ordinance to reflect the valid minimum size allowed for a room. 10. Section 20.48.200 F.8.e. — Replacement Parking — The Ordinance affirms that when off-street covered parking is demolished in conjunction with an ADU, "those off-street parking spaces are not required to be replaced." This substantially complies with State ADU Law. However, JADUs must only comply with "applicable building standards," and do not require "additional parking" as a condition for obtain a building permit.' JADUs must only comply with the development standards set forth in JADU Law.2 The City's ordinance does not expressly exempt JADUs from replacement parking when a garage is converted as part of the enclosed use within the residence permitted by law.3 This creates confusion and indicates the City may require replacement parking when covered parking is converted into a JADU, which is inconsistent with the Law. Therefore, the City must amend this section to specifically exclude JADUs from replacement parking. ' Gov. Code, § 66334, subds. (a) and (b). 2 Gov. Code, § 66323, subd. (a)(1)(D). 3 Gov. Code, § 66333, subd. (d). 34-44 11. Section 20.48.200 H.1. —Separate Conveyance — The Ordinance states, "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..." However, Government Code section 66341 provides for the sale or separate conveyance of ADUs. The City must amend the ordinance to allow for the sale or separate conveyance of ADUs. 12. Section 20.48.200 H.3. — Owner Occupancy— The Ordinance requires owner occupancy requirements on ADUs. Assembly Bill 976 (Chapter 751, Statutes of 2023) amended Government Code section 66315 to prohibit owner -occupancy requirements. "No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner -occupant requirement..." The City must remove these occupancy restrictions from the Ordinance. 13. Section 20.48.200 1. — Deed Restrictions — The Ordinance requires a deed restriction for ADUs. Government Code section 66333, subdivision (c) requires the recordation of a deed restriction for JADUs, which are limited to restricting the sale of the JADU separate from the single-family residence. Government Code section 66315 requires that no additional standards, other than those provided in Government Code Section 66314, shall be used, or imposed on accessory dwelling units. Deed restrictions are not authorized under state law for ADUs. The City may not require a deed restriction prior to and as a condition of approval of an ADU building permit application. Therefore, the City must amend the Ordinance to remove the requirement of a deed restriction on ADUs. The City has two options in response to this letter.4 The City can either amend the Ordinance to comply with State ADU Laws or adopt the Ordinance without changes and include findings in its resolution adopting the Ordinance that explain the reasons the City believes that the Ordinance complies with State ADU Law despite HCD's findings.6 If the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD must notify the City and may notify the California Office of the Attorney General that the City is in violation of State ADU Law. 4 Gov. Code, § 66326, subd. (c)(1). 5 Gov. Code, § 66326, subd. (b)(2)(A). 6 Gov. Code, § 66326, subd. (b)(2)(B). Gov. Code, § 66326, subd. (c)(1). 34-45 HCD appreciates the City's efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assisting the City in fully complying with State ADU Law. Please feel free to contact our staff, Michael McLaughlin, at Michael. McLaughlin hcd.ca.gov if you have any questions. Sincerely, Jamie Candelaria Senior Housing Accountability Manager Housing Policy Development Division Enclosures 34-46 State ADU/JADU Law Statutory Conversion Table New Government ..- SeSections ctions Previous Government Code Article 1. General Provisions 66310 65852.150 (a) 66311 65852.150 (b)= 66312 65852.150 (c) 66313 General Definition Section 65852.20) 65852.22 ' Article 2. Accessory D elling Unit Approvals 66314 65852.2 a 1 A, D i- xii , a 4- 5 66315 65852.2 a 8 66316 65852.2 a 6 66317 65852.2 a 3 , a 7 66318 65852.2 a 9 , 65852.2 a 2 66319 65852.2 (a)(10) 66320 65852.2 b 66321 65852.2 c 66322 65852.2 d 66323 65852.2 e 66324 65852.2 66325 65852.2 66326 65852.2 h 66327 65852.2 i 66328 65852.2 k 66329 65852.2 I 66330 65852.2 m 66331 65852.2 (n) 66332 65852.23. Article 3. Junior Accessory Dwelling Units 66333 65852.22 a 66334 65852.22 (b) 66335 11POU 65852.22 (c) 66336 65852.22 d 66337 65852.22 e 66338 65852.22 f - 66339 Article 4. Accessory 66340 66341 65852.22 h Dwelling Unit Sales 65852.26 b 65852.26 a 66342 65852.2 a 10 34-47 Attachment D July 17, 2025 Planning Commission Staff Report (Without Attachments) CITY OF NEWPORT BEACH n PLANNING COMMISSION STAFF REPORT July 17, 2025 `R�FnR��P Agenda Item No. 3 SUBJECT: Accessory Dwelling Unit Ordinance Update (PA2025-0093) ■ Zoning Code Amendment ■ Local Coastal Program Amendment SITE LOCATION: Citywide APPLICANT: City of Newport Beach PLANNER: Oscar Orozco, Associate Planner 949-644-3219, oorozco(a-),newportbeachca.gov PROJECT SUMMARY Amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) updating regulations pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to conform with revisions to Government Code Sections 66310 through 66342 that went into effect on March 27, 2024, and January 1, 2025. RECOMMENDATION 1) Conduct a public hearing; 2) 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 66310 through 66342 of the Government Code are exempt from the requirements of CEQA and pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program.; 3) Adopt Resolution No. PC2025-014 (Attachment No. PC 1) recommending the City Council approve PA2025-0093, including the Zoning Code Amendment and the Local Coastal Program Amendment (LCPA) and authorize staff to submit the Local Coastal Program Amendment (LCPA) to the California Coastal Commission (CCC). 34-49 Accessory Dwelling Unit Ordinance Update (PA2025-0093) Planning Commission, July 17, 2025 Page 2 DISCUSSION Background On February 14, 2023, the City Council adopted Ordinance No. 2023-2, the City's most recent amendment to the ADU ordinance. The ADU Ordinance Summary Matrix provides an outline of the current ADU regulations (Attachment No. PC 2). Subsequent to its adoption, the ordinance was submitted to the California Department of Housing and Community Development (HCD) on February 18, 2023, pursuant to Government Code Section 66326, which requires local governments to submit their adopted ADU ordinances for review by the HCD within 60 days of adoption. In 2024, the California Legislature adopted a group of housing bills aimed at addressing the housing crisis. The legislature approved, and the Governor signed, Senate Bill (SB) SB 477 (Chapter 7, Statutes of 2024), Assembly Bill (AB) AB 2533 (Chapter 834, Statutes of 2024), and SB 1211 (Chapter 296, Statutes of 2024) into law that, among other things, amended Government Code Section 66310 through 66342 to impose new limits on the City to regulate ADUs and JADUs. In adopting these new regulations, the State Legislature determined that these changes are a matter of statewide concern, rather than a municipal affair. This determination allows the State to apply these new ADU laws to charter cities. The State Legislature intends to reduce regulatory barriers and costs, streamline the approval, and expand the potential capacity for ADUs and JADUs in response to California's housing shortage. The City Council adopted a revision to the City's 6t" Cycle (2022-2029) Housing Element on September 24, 2024, and submitted it to HCD for recertification. This recertification triggered HCD's review of the City's ADU regulations. On October 1, 2024, HCD completed its review of the ADU ordinance and issued a letter titled "Review of Newport Beach's Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, §§ 66310 — 66342)" (HCD Letter) stating that the City's current ADU ordinance does not comply with State ADU Law governing ADUs. The HCD Letter is included as Exhibit "C" to Attachment No. PC 1. The HCD letter outlined the various components of the City's ADU ordinance that HCD believes are not in compliance with State ADU Law. In its letter, HCD directs the City to update its ADU Ordinance to comply with State ADU Law or provide findings as part of a resolution that justify why the City's existing Ordinance is consistent with State ADU Law. If the City fails to take either course of action, HCD will notify the City and potentially the California Office of the Attorney General that the City is in violation of State ADU Law. On October 25, 2024, the City of Newport Beach Community Development Department issued a letter to HCD in response to their review of the ADU ordinance. In its letter, the City affirmed its commitment to addressing the required revisions to the City's ADU Ordinance to comply with current State ADU Law (i.e. SB 477, AB 2533, and SB 1211). 34-50 Accessory Dwelling Unit Ordinance Update (PA2025-0093) Planning Commission, July 17, 2025 Page 3 Proaosed Amendments In order to address comments received by HCD and bring the City's ADU ordinance into compliance with State ADU Law, the City of Newport Beach needs to adopt ordinances revising Sections 20.48.200 (Accessory Dwelling Units) and 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code (NBMC). Although the titles of said sections reference ADUs, these sections also govern JADUs. Summary of Changes to State ADU Laws SB 477 (Chapter 7, Statutes of 2024) made changes to the numbering of the sections of Government Code for State ADU and JADU Laws. The bill went into effect on March 25, 2024. AB 2533 (Chapter 834, Statutes of 2024) made various changes to State ADU Law (Gov. Code, § 66332) regarding unpermitted ADUs, which the City currently implements through its existing SAFE ADU Program. The City's SAFE ADU program is an initiative designed to help homeowners legalize existing unpermitted ADUs constructed before January 1, 2020. The program helps homeowners address potential code enforcement issues, liability concerns, and safety risks associated with unpermitted units. This bill went into effect on January 1, 2025, and the City's SAFE ADU program has already been updated to comply with the provisions.: SB 1211 (Chapter 296, Statutes of 2024) made various changes to State ADU Law (Gov. Code, §§ 66313, 66314, 66323) with regard to replacement parking and special streamlined units referred to as "66323 Units" (described below) on lots with existing or proposed multifamily dwellings. SB 1211 went into effect on January 1, 2025. This bill: • Defines "livable space" as a space in a dwelling intended for human habitation, as the term appears in Government Code sections 66313, subdivision (e), and 66323, subdivision (a)(3)(A). • Specifies that uncovered, off-street parking spaces demolished in conjunction with the construction of an ADU do not need to be replaced. • Authorizes up to eight detached ADUs on a lot with an existing multifamily dwelling (previously limited to two), provided that the number of ADUs does not exceed the number of existing units on the lot. • Prohibits a local agency from imposing any objective development standards on 66323 Units that are not authorized by the provisions of Government Code section 66323, subdivision (a). 34-51 Accessory Dwelling Unit Ordinance Update (PA2025-0093) Planning Commission, July 17, 2025 Page 4 SB 1211 established "66323 Units" under Government Code Section 66323 and clarifies four categories of ADUs (and JADUs) that must be approved ministerially and are not subject to standards set forth in Government Code Sections 66314 through 66322 or the NBMC (i.e. "66323 Units"). These 66323 Units do not have to comply with the City's objective development and design standards, such as height, setbacks, and size limits. These ADUs must still comply with building code and health and safety requirements. Below is a breakdown of the four categories of 66323 Units and the minimal standards that cities are allowed to apply to them. 1. Single -Unit Internal ADUs and JADUs • One ADU per lot is permitted within the converted space of a proposed or existing single -unit dwelling or accessory structure. • No additional setbacks are required beyond that of the existing or proposed structure and any applicable building and safety minimum requirements. • ADUs converted from accessory structures are eligible for a 150 square - foot expansion to accommodate ingress and egress. • One JADU per lot is permitted within the proposed or existing space of a single -unit dwelling or accessory structure. 2. Single -Unit Detached ADUs • One detached new construction ADU is permitted on lots with an existing or proposed single -unit dwelling. • 4-foot side and rear yard setbacks are allowed. • The maximum unit size is 800 square feet. • Height limitation of 16 or 18 feet depending on conditions specified in Government Code Section 66321, subdivision (b)(4). 3. Multi -unit Converted ADUs Conversion ADUs may be created within the portions of existing multi -unit structures that are not used as livable space. At least one ADU is within an existing multi -unit dwelling and up to 25% of the existing multi -unit dwelling units. 4. Multi -unit Detached ADUs Two detached ADUs are allowed on a lot with a proposed multi -unit dwelling, or up to eight detached ADUs are allowed on a lot with an existing multi -unit dwelling, not to exceed the number of existing units on the lot. 4-foot rear and side yard setbacks are allowed. Height limits of 16, or 18 feet depending on conditions specified in Government Code Section 66321, subdivision (b)(4). 34-52 Accessory Dwelling Unit Ordinance Update (PA2025-0093) Planning Commission, July 17, 2025 Page 5 HCD Letter Table 1 below summarizes the comments received by HCD as part of their review of the City's ADU ordinance (i.e. HCD Letter) and identifies how the City proposes to address those comments. The comments received by HCD are intended to guide the City in addressing the State ADU law changes that went into effect on March 27, 2024, and January 1, 2025. As requested by HCD, the draft resolution (Attachment No. PC 1) includes findings addressing why certain changes requested by HCD are not necessary to comply with State ADU Law. All other suggested changes have been made in the proposed ordinance (Attachment No. PC 3). Redlines of Sections 20.48.200 and 21.48.200 of the NBMC addressing the HCD Letter are included as Attachments No. PC 3 and PC 4. Table 1. HCD Letter Summary Comment # HCD Comment Proposed Revision Explanation "Required to correct legally oo+o"d nonconforming State ADU Law prohibits cities Remove reference to zoning condition(s), building from denying a permit for an 1 "legally established" code violation(s), and/or ADU/JADU to correct from the ordinance. unpermitted structure(s) nonconforming violations that do/does not present a whether or not the nonconformity threat to public health and was legally established. safety..." Add note of the "...units as provided in this exception for units section and California 66323 Units are protected and 2 under Government Government Code Section not subject to additional Code Section 66323. 66323..." development standards outside of State ADU Law. "Maximum Number of 66323 Units are protected and Remove the restriction Accessory Dwelling Units multiple ADUs/JADUs may be 3 on the combination of Allowed. Unless precluded built on a single property, 66323 Units that can by Government Code therefore, a reference to State be constructed. Section 66323 Tthe ADU Law is included. following" Remove the restriction The NBMC already defines "lot" on parcels for multi -unit for the purpose of a multi -unit 4 "lots" to align with the No change required. development. The building code Building Code definition of "lot" is not codified in definition. State ADU Law and therefore not applicable. 34-53 Accessory Dwelling Unit Ordinance Update (PA2025-0093) Planning Commission, July 17, 2025 Page 6 Remove requirements that ADUs conform to underlying zoning 5 standards, and `other' unspecified provisions not in the ADU ordinance. Specify that building and demolition permits are reviewed and issued concurrently for JADUs that replace detached garages. Clarify the height limitations to ensure building heights and stories for attached ADUs are not restricted. Add note of the exception for units under Government Code Section 66323 to not limit the size of detached ADU on lots with multifamily dwellinas. Cite the California Building Code to regulate the minimum size for ADUs and JADUs. Exclude JADUs from 10 replacement parking requirements. Development Standards. Except as modified by this subsection or authorized by California Government Code Section 66317 and 66323, an accessory dwelling unit..." No change required No change required "Development Standards. Except as modified by this subsection or authorized by California Government Code Section 66317 and 66323, an accessory dwelling unit..." "...minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit or as required by the California Building Code (CBC)." "No Replacement Parking Necessary. Outside the coastal zone, when a garage, carport, or covered parking strWGtWro covered or uncovered parking space 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 - State ADU Law allows a local jurisdiction to impose objective standards on ADUs and JADUs, with the exception of ADUs and JADUs that are specifically protected under Section 66323 of the Government Code (i.e. 66323 Units). This section relates to the replacement of existing detached garages with ADUs. JADUs are not permitted to replace detached garages, therefore, this comment does not The City's existing ADU Ordinance is more permissive than State ADU Law. Imposing the requested amendment would impose a height limit that is lower than currently permitted by the underlvinq zoninq districts. 66323 Units are protected and not subject to additional development standards outside of State ADU Law. JADUs may be smaller in some cases than an "efficiency unit" as defined by the CBC. Therefore, a reference to the CBC is included to determine the minimum size required for a JADU. Replacement parking for JADU garage conversions is not required per Government Code Section 66334, therefore, a new sentence is introduced to provide clarity. In addition, no changes to Title 21 are proposed given that replacement parking in the coastal zone is required for both ADUs and JADUs (as permitted by State Law). 34-54 Accessory Dwelling Unit Ordinance Update (PA2025-0093) Planning Commission, July 17, 2025 Page 7 Amend to allow for the sale or separate 11 conveyance of ADUs established by a non- profit. 12 13 Remove owner occupancy restrictions for ADUs. Remove the requirement of a deed restriction on ADUs. street parking spaces are not required to be replaced. Outside the coastal zone, when a garage is demolished in conjunction with the construction of a junior accessory dwelling unit at the same location or converted to a junior accessory dwelling unit, that off-street parking space is not required to be replaced. AGGes-sery dwelling U Rits and e aGGeSSE)ry dwelling u n4 ort parr iRg Refer to Section 21.48.200(F)(8)(e) for replacement parking in the coastal zone." "No Separate Conveyance Except as authorized in California Government Code 66341,. Aan accessory dwelling..." No change required. "Prior to the issuance of a building and/or grading permit for aaaceessory dwelling unit and/nrjunior accessory dwelling unit, the property owner shall record a deed restriction with.." and "This deed restriction shall remain in effect so long as the y GlWelliRg , M aed/er junior accessory dwelling unit exists on the lot." There is a very narrow exception in State ADU Law that requires cities to allow separate conveyance (i.e. separate sale) of ADUs for non -profits. This revision is not necessary given the existing ADU ordinance does not require owner occupancy of ADUs, and specifies that owner occupancy is onlv required for JADUs. Deed restrictions will no longer be required for ADUs. State ADU Law only allows deed restrictions to be required for JADUs. 34-55 Accessory Dwelling Unit Ordinance Update (PA2025-0093) Planning Commission, July 17, 2025 Page 8 HCD Review Government Code Section 66326 requires the City to submit the ordinance to the State Department of Housing and Community Development (HCD) within 60 days of adoption. Should the City Council approve the proposed ordinance to amend Title 20, staff will forward the ordinance to HCD for review. If HCD finds the ordinance does not comply with the new ADU laws, HCD will notify the City. Should this occur, the City would have 30 days to either amend the ordinance or adopt additional findings that explain the reason the ordinance complies with the statute. Since the amendment to Title 21 requires CCC approval, the ordinance amending Title 21 will be submitted to HCD after the CCC LCPA process is complete. General Plan Consistency The law states that ADUs shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed a residential use that is consistent with the existing general plan and zoning district for the lot. Therefore, no amendments to the General Plan are required. Adopting an ordinance consistent with Government Code Sections 66310 through 66342 ensures and reinforces the commitment that the City has made to promote and incentivize ADU growth via the established Policy Action 1 H: Accessory Dwelling Unit Construction of the City's 2021-2029 Housing Element. Local Coastal Plan Similar to the Zoning Code, the Implementation Plan of the Local Coastal Program (LCP) currently regulates ADUs inconsistent with State ADU law. Therefore, subsequent to City Council adoption of this Zoning Code Amendment, staff will submit corresponding amendments (Attachment No. PC 4) to the LCP for review and approval of the CCC. In accordance with CCC Guidance Memorandums, any eligible projects located in the Coastal Zone that qualify for a Coastal Development Permit (CDP) exemption will be processed consistent with the Zoning Code. Projects that do not qualify for an exemption cannot be processed until the LCP Amendment is approved and adopted. By adopting an ordinance amending the Local Coastal Program, the City will continue to implement Local Coastal Program Policy 2.7-5, which encourages consistency with Government Code Sections 66310 through 66342 for the purposes of increasing the supply of lower -cost housing in the coastal zone that meets the needs of existing and future residents, while respecting the architectural character of the existing neighborhoods and in a manner that is consistent with the Local Coastal Program. Reducina the Barriers to the Creation of Housin The City Council adopted a policy (Council Policy K-4) to consider new and flexible land use and zoning regulations and strategies in order to reasonably and practically 34-56 Accessory Dwelling Unit Ordinance Update (PA2025-0093) Planning Commission, July 17, 2025 Page 9 accommodate the ambitious State housing mandate while protecting the character and maintaining a quality of life that makes Newport Beach a special place to live, work, and visit. One of the ways Council Policy K-4 achieves that goal is by encouraging the development of accessory dwelling units and junior accessory dwelling units as an important strategy to accommodate future growth and is an integral strategy to help meet the City's Regional Housing Needs Allocation (RHNA) of 4,849 units. Adopting an ordinance to address State ADU Law revisions is consistent with Council Policy K-4 which encourages the development of accessory dwelling units as an important strategy to accommodate future growth and is an integral strategy to help meet the City's RHNA. Altarnafivac The Planning Commission may recommend revisions to the draft ordinance provided the revisions are consistent with State ADU law and are not more restrictive than the State's regulations pertaining to ADUs and JADUs. Noncompliance with State ADU law would render the City's ADU ordinance null and void, thus requiring the City to utilize the State's more lenient ADU standards until the City modifies its regulations appropriately. Environmental Review The project 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 to implement the provisions of Sections 66310 through 66342 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. In addition, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program. Public Notice Notice of this hearing was published in the Daily Pilot as an eighth page advertisement at least 20 days before the scheduled meeting, consistent with the provisions of the Municipal Code and State Law. The item also appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Additionally, notice was sent to all persons and agencies on the Notice of the Availability mailing list for LCPAs. 34-57 Prepared by: 8L-- Oscar Orozco, Associate Planner LAW/oo ATTACHMENTS Accessory Dwelling Unit Ordinance Update (PA2025-0093) Planning Commission, July 17, 2025 Page 10 Submitted by: 7E]Z�7��' -� Jaijne�Murillo, AICP Deputy Community Development Director PC 1 Draft resolution recommending approval of Zoning Code Amendment and Local Coastal Program Amendment (PA2025-0093) PC 2 Accessory Dwelling Unit Ordinance Summary Matrix PC 3 Title 20 (Planning and Zoning), proposed redlined code changes PC 4 Title 21 (Local Coastal Program Implementation Plan), proposed redlined code changes 34-58 Docusign Envelope ID: 47010550-F784-46D7-B2D7-05810B6B5078 Attachment E NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE THURSDAY, JULY 17, 2025 REGULAR MEETING — 6:00 P.M. CALL TO ORDER - 6:03 p.m. II. PLEDGE OF ALLEGIANCE — Commissioner Langford III. ROLL CALL PRESENT: Vice Chair Harris, Secretary David Salene, Commissioner Jonathan Langford, Commissioner Greg Reed ABSENT: Chair Mark Rosene, Commissioner Curtis Ellmore, Commissioner Michael Gazzano Staff Present: Assistant City Manager Seimone Jurjis, Deputy Community Development Director Jaime Murillo, Principal Civil Engineer Kevin Riley, Assistant City Attorney Yolanda Summerhill, Associate Planner Jenny Tran, Associate Planner Oscar Orozco, Senior Planner Joselyn Perez Administrative Assistant Clarivel Rodriguez, and Department Assistant Jasmine Leon IV. ELECTION OF OFFICERS ITEM NO. 1 ELECTION OF OFFICERS Summary: The Planning Commission's adopted rules require the election of officers at its annual meeting, which occurs at the first meeting of July each year. Officers include the Chair, Vice Chair, and Secretary and they would serve a one-year term. Recommended Actions: 1. Find this action not subject to the California Environmental Quality Act (CEQA) pursuant to 15060(c)(3) (the activity is not a project defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; 2. Nominate Planning Commission officers consisting of Chair, Vice Chair, and Secretary; and 3. Appoint the officers by majority approval of a motion either individually or as one motion for all positions. Nomination made by Commissioner Reed to have Vice Chair Harris serve as Chair, Secretary Salene as Vice Chair, and Commissioner Langford as Secretary. AYES: Harris, Langford, Reed, and Salene NOES: None ABSTAIN: None ABSENT: Ellmore, Gazzano, and Rosene V. PUBLIC COMMENTS Jim Mosher noted approval of minutes from the July 3rd meeting is not on tonight's agenda, expressing hopes they were delayed and not nonexistent. He reported at the July 3rd meeting that a Commissioner told the public not to blame the Planning Commissioners for their decisions because their role is black and white in only deciding if a project meets the Newport Beach Municipal Code (NBMC). He added that this sort of decision is considered ministerial and left to City staff, whereas projects coming to the Planning Commission require judgment and discretion. He noted Assistant City Attorney Yolanda Summerhill stated at the meeting that State laws limit 34-59 Docusign Envelope ID: 47010550-F784-46D7-B2D7-05810B6B5078 Attachment E Planning Commission Meeting July 17, 2025 the City's discretionary abilities regarding multi -family housing, but added the Commissioners still maintain some level of discretion. VI. REQUEST FOR CONTINUANCES — None In response to Chair Harris' inquiry, Deputy Community Development Director Jaime Murillo clarified that the transcription service, which would have provided the July 3rd minutes, was unavailable to complete them in time for this meeting. He reported that at the next meeting, he expects to have two sets of minutes to review and approve. VII. PUBLIC HEARING ITEMS ITEM NO. 2 TRACY RESIDENCE VARIANCE (PA2023-0200) Site Location: 1020 White Sails Way Summary: A request for a variance to allow an addition to an existing single -unit dwelling to encroach into the required 50-foot front setback. Specifically, the applicant requests to construct a new attached three -car garage that will encroach 29 feet into the front setback with a roof overhang that encroaches 31 feet into the front setback and a new bedroom addition that will encroach 13 feet into the front setback. The project also includes a new basement level vestibule, machine room, and elevator attached to the three -car garage that does not encroach into the front setback. The proposed garage would replace the existing two -car garage and would be located below the existing grade. The existing two -car garage would be converted into living space. The project also includes the removal of several existing unpermitted structures including a detached storage room, walls, fences, stairs, and other accessory structures that were constructed without the benefit of a building permit. No other deviations to the development standards are proposed. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2025-013 approving the Variance filed at PA2023-0200. Associate Planner Jenny Tran reported that the project is located at 1020 White Sails Way in the Harbor View Hills area of Corona del Mar. She noted properties in this neighborhood have varying front setbacks, and this project is requesting an encroachment into a large 50-foot front setback.. Associate Planner Tran reported on the timeline for the project, which originally was submitted as a Zoning Code Amendment request on May 8, 2023, but was removed from the calendar due to a lack of support from the Homeowners' Association (HOA). She reported the applicant filed a project -specific variance request on December 19, 2023, but removed it from the calendar on May 8, 2024. She reported that on May 24, 2024, a Code Enforcement case was opened due to unpermitted construction at the site, leading to a June 4, 2024, site visit confirming the unpermitted construction. She reported this hearing will address the unpermitted construction in addition to the previous variance request. Associate Planner Tran reported on the unpermitted construction, which also includes a fence exceeding the permissible height and a garage not meeting the required dimensions. She reported that the variance request is to remove the unpermitted construction and for permission to build a new three -car garage 29 feet into the setback and a bedroom addition 13 feet into the 34-60 Docusign Envelope ID: 47010550-F784-46D7-B2D7-05810B6B5078 Attachment E Planning Commission Meeting July 17, 2025 setback. Associate Planner Tran reported facts in support of the variance are a steep driveway, safety concerns about sightlines pulling out of the driveway, the widely staggered setbacks in the neighborhood ranging from 13 to 52 feet, and neighborhood compatibility, as most houses in the area have straight -in driveways. She added that Conditions for Approval in the Resolution include the removal of all unpermitted construction unless permits are obtained complying with the NBMC, all fences, hedges, walls, and retaining walls must comply with the NBMC, and a hold on final inspection to ensure all unpermitted construction is addressed. In response to Secretary Langford's inquiries, Associate Planner Tran clarified that the removal of the sloped driveway means the garage is now at sidewalk level, which makes it below the previously existing grade. She reported there is an elevator going up from the garage to the main residence, adding it is located behind the existing 50-foot setback. In response to Vice Chair Salene's inquiries, Associate Planner Tran confirmed that the house two doors down is built 52 feet from the property line. She confirmed that 1014 White Sails Way is the neighbor on the other side of the house. In response to Commissioner Reed's inquiry, Associate Planner Tran confirmed all the other homes in the neighborhood have straight driveways and not the diagonal one this house previously had. In response to Chair Harris' inquiry, Associate Planner Tran reported that staff were unable to determine why the driveway was originally built at an angle to the street. She added that the deep setbacks are most likely a benefit to the views in the neighborhood.. In response to Vice Chair Salene's inquiry, Associate Planner Tran reported that the HOA has written a conditional approval letter, which is included in the staff report. All Commissioners reported having no ex Parte communications. Chair Harris opened the public hearing. Architect Ron Thorpe, speaking on behalf of applicant Mike Tracy, recommended approval. In response to Chair Harris' inquiry, Mr. Thorpe agreed with the Conditions of Approval. Mary Ann Soden, Chair of the Harbor View Hills Architectural Review Committee, expressed the HOA's support of the resolution. She reported that the lots and setbacks were created in the 1950s to ensure the homes complement each other and do not block views. She stated that moving the setbacks for the garage and bedroom addition is harmonious with the community. She added that the HOA has worked with the Planning Division to ensure alignment with the NBMC. Mr. Mosher stated it is extraordinary that the applicant withdrew their variance request and then followed through with the project as if the Commission had granted approval. He inquired if there were consequences for this action. He questioned the purpose of the wall, causing the obstructed view while exiting the original driveway path, and if it will be lowered as part of this resolution. Chair Harris closed the public hearing. Deputy Community Development Director Murillo clarified that the wall referenced by Mr. Mosher is the applicant's neighbor's wall. He added that the City cannot make the neighbors lower the wall, but added that any new construction would have to comply with the City's sight view standards. In response to Chair Harris' inquiry, Deputy Community Development Director Murillo confirmed 34-61 Docusign Envelope ID: 47010550-F784-46D7-B2D7-05810B6B5078 Attachment E Planning Commission Meeting July 17, 2025 that the City opened a Code Enforcement case against the applicant because of the unpermitted work, and the applicant will have to produce plans to work through the issues created. Secretary Langford stated he is not inclined to approve variances for a community whose lot layout is both deliberate and dated to the 1950s. He added he is also not inclined to approve a variance encouraging bad behavior, where residents can build what they want without requesting the City's permission. He stated the garage being below grade makes sense under the circumstances, but he has issues with the bedroom addition as it enters the setback, while potentially blocking the carefully created views of other residences. He pondered whether the garage and bedroom must be a packaged deal. He lamented being asked to approve a project that had already been built behind the City's back. Vice Chair Salene stated that a 50-foot setback on a 150-foot lot is extreme and is among the largest on the street. He noted the bedroom addition would meet the City's standards, and the HOA is supportive, leading him to support the project despite his reservations about rewarding bad behavior. Commissioner Reed agreed with Vice Chair Salene and expressed his support for the inspection prior to approval to ensure the unpermitted construction is removed so the project meets the NBMC. Chair Harris stated the applicant is somewhat penalized for having a larger lot than some of the neighbors and the only sloped driveway. He stated the findings support the safety aspect of a driveway reconstruction. He added that the behavior of the applicant was initially bad, but they are doing the right thing now, and he is inclined to support the variance. Motion made by Chair Harris and seconded by Commissioner Reed to approve the Item as recommended. AYES: Harris, Langford, Reed, and Salene NOES: None ABSTAIN: None ABSENT: Ellmore, Gazzano, and Rosene ITEM NO. 3 ACCESSORY DWELLING UNIT ORDINANCE (PA2025-0093) Site Location: Citywide Summary: Amendments to Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) updating regulations pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to conform with revisions to Government Code Sections 66310 through 66342 that went into effect on March 27, 2024, and January 1, 2025. Recommended Actions: 1. Conduct a public hearing; 2. 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 66310 through 66342 of the Government Code are exempt from the requirements of CEQA and pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program; 3. Adopt Resolution No. PC2025-014, recommending the City Council approve PA2025-0093, including the Zoning Code Amendment and the Local Coastal 34-62 Docusign Envelope ID: 47010550-F784-46D7-B2D7-05810B6B5078 Attachment E Planning Commission Meeting July 17, 2025 Program Amendment (LCPA) and authorize staff to submit the LCPA to the California Coastal Commission (CCC). Associate Planner Oscar Orozco reported that the City adopted its Accessory Dwelling Unit (ADU) Ordinance in 2017 and has been updated several times, particularly to address changes in State law. He added that it was last updated in February 2023, with part of the update being the creation of a website with resources about ADUs for residential reference. He reported the City currently has 238 ADUs, including ones finalized, under construction or under review. Associate Planner Orozco reported three bills passed by the State in 2024 addressing ADUs require changes to the City's policies, with the most significant change being the provision in Senate Bill 1211, which allows for up to eight detached ADUs on lots with existing multifamily dwellings, an increase from just two but not to exceed the existing unit count. He added that the California Department of Housing and Community Development (HCD) informed the City during the Housing Element recertification process that it needs to update its ADU policy to reflect recent legislative changes. Associate Planner Orozco stated that the proposed changes to the ADU ordinance are designed to comply with the General Plan, Local Coastal Plan Amendment (LCPA), and City Council policies. He added that the City will continue to encourage and incentivize ADU growth, along with encouraging lower -cost housing to help meet the City's Regional Housing Needs Assessment (RHNA) quotas. Associate Planner Orozco reported the City received a letter from the California Housing Defense Fund (HDF) during the public comment period, noting the City insufficiently addresses the allowance of up to eight detached ADU state law change, but added the City feels it is adequately addressed in the draft resolution. He commented that the historic resources standards comment from HDF have led to an additional change to the Draft Resolution, specifically by removing the first sentence from Section 20.48.200(J) and Section 21.48.200(K) and moving the section under the ADU development standards section of title 20 and 21. Vice Chair Salene reported that the City's ADU website was extremely helpful when he was building an ADU. In response to Vice Chair Salene's inquiry, Associate Planner Orozco confirmed that staff feels it has properly addressed the needed changes outlined by HDF. In response to Chair Harris' inquiries, Associate Planner Orozco confirmed that the phrase "off- street uncovered parking" refers to driveways. He clarified that unless a setback is specifically listed as required, the ADU would only be required to comply with Section 66323 of the State's Code. He confirmed that, hypothetically, if the City has a mandatory 20-foot setback, an ADU would have to comply with it. He confirmed that multi -family properties can now turn carports into ADUs without having to replace the parking spaces. He added that parking is not changing in the City's coastal zones due to other State laws. He confirmed, outside of the coastal zone, an eight - unit development can turn eight carports into ADUs and not have to find eight new parking spaces. He clarified that "non -habitable space" refers to areas such as storage rooms or mechanical equipment rooms. He clarified that the conversion of existing space is limited to two ADUs per multi -dwelling property, while the new standard of eight applies to detached ADUs. He added that this process can still eliminate up to two parking spaces. All Commissioners reported having no ex Parte communications. Chair Harris opened the public hearing. Being no speakers, the public hearing was closed. Motion made by Vice Chair Salene and seconded by Chair Harris to approve the Item as recommended. 34-63 Docusign Envelope ID: 47010550-F784-46D7-B2D7-05810B6B5078 Attachment E Planning Commission Meeting July 17, 2025 AYES: NOES: ABSTAIN ABSENT: ITEM NO. 4 Harris, Langford, Reed, and Salene None None Ellmore, Gazzano, and Rosene COYOTE CANYON LAN DFGI LL-GAS-TO-EN ERGY (PA2022-063) Site Location: 20662 Newport Coast Drive Summary: A request for a conditional use permit to allow the construction and operation of a new renewable natural gas processing plant and pipeline interconnection facility. The facility would convert landfill gas from the closed Coyote Canyon Landfill into a pipeline -quality natural gas equivalent, which would be transferred into SoCal Gas infrastructure through an existing onsite tie-in point. Additional project components include a new control room building, new internal access routes, utility upgrades including installation of an additional fire hydrant, a water tank, a septic tank, a storm drain for off -site disposal of stormwater, and new underground power and telecommunication lines. The facility would operate 24 hours a day, seven days a week, with one scheduled annual shut down for maintenance. Existing onsite telecom facilities approved under PA2016-091 (SCH No. 2016081012) would remain in place and be unaffected by this application. This project was originally noticed for a Planning Commission meeting on May 22, 2025, and was removed from calendar. There have been no changes to the project since the previous Notice of Public Hearing. Recommended Actions: 1. Conduct a public hearing; and 2. Adopt Resolution No. PC2025-008, adopting the Mitigated Negative Declaration (SCH NO. 2024120012) and approving the Conditional Use Permit filed under PA2022-063. Senior Planner Joselyn Perez used a PowerPoint to present the project location, zoning and surrounding land uses, background of the Coyote Canyon landfill, existing site conditions, a project description, summarized the environmental review process which included preparing an Initial Study/Mitigated Negative Declaration (IS/MND), Mitigation Monitoring and Reporting Program, and Response to Comments received on the IS/MND. She concluded her presentation by summarizing the project, reviewing the written comment letter provided by the law firm Adams Broadwell Joseph Cardozo prior to public hearing, and indicated that the comments reflect those already received during the IS/MND public comment period which were adequately responded to in the Response to Comments portion of the IS/MND. In response to Commissioner Langford's inquiry, Senior Planner Perez confirmed there are no public trails through the area, and the property surrounding the site is owned by the City of Irvine. Assistant City Attorney Summerhill added that there has been some discussion about adding bike and/or pedestrian trails, but it has not been brought to fruition. All Commissioners reported having no ex Parte communications. Chair Harris opened the public hearing. Tyler Henson, Lead Manager of External Affairs for Archaea Energy, reported that they will be partnering with Orange County Waste and Recycling on the Coyote Canyon project, and Archaea is the largest RNG producer in the country. He presented on the company's safety protocols and benefits of RNG being collected from landfill gas, which would otherwise be burnt off. He acknowledged there will be temporary impacts during construction but expressed a commitment to work with the City throughout the process, adding they have already discussed the project with 34-64 Docusign Envelope ID: 47010550-F784-46D7-B2D7-05810B6B5078 Attachment E Planning Commission Meeting July 17, 2025 Sage Hill School regarding working the site's traffic around school drop-off and pickup times. He presented artist renderings of the completed facility. In response to Chair Harris' inquiry, Mr. Henson confirmed Archaea agrees with the recommended Conditions of Approval. In response to Commissioner Reed's inquiries, Mr. Henson reported that construction timelines could range between one and five years, depending on variables including the permitting process. He added they cannot offer a definitive timetable for how long the facility will operate, as it is determined by gas levels. In response to Secretary Langford's inquiry, Mr. Henson reported Archaea works with the local jurisdictions regarding the look of their site, adding their appearance can vary widely depending primarily on the remoteness of the locations. He expressed a willingness to work with Newport Beach on the facility's outward appearance. In response to Vice Chair Salene's inquiries, Mr. Henson confirmed he has seen the comment letter from the law firm referenced earlier by Senior Planner Perez and stated City staff's response to the letter is sufficient. He expressed a willingness to put non-interference with school traffic patterns into writing as a Condition of Approval. Aidan Marshall, speaking on behalf of Orange County Residents for Responsible Development, requested that staff prepare a full Environmental Impact Report (EIR) instead of an MND for CEQA compliance and to protect the health and safety of residents and workers. He stated his organization has responded in writing throughout the process with analysis from air quality and noise consultants agreeing the project would result in significant unmitigated air quality, public health, and noise impacts left unaddressed in the MND. He added that there are also health hazards to analyze and mitigate from a potential emergency at the facility, impacting its safe operation. Mr. Mosher expressed concerns about the project's thermal oxidizer, including the possibility of it collapsing during an earthquake, and creating potential damage to land owned by the City of Irvine. Assistant City Attorney Summerhill confirmed staff received the letter submitted by Adams Broadwell Joseph Cardozo and feels the comments had been adequately addressed. She added that there is a CEQA consultant who can further respond. Senior Engineer and project manager Dina El Chammas Gass, on behalf of PlaceWorks, confirmed that none of the comments in the Adams Broadwell Joseph Cardozo letter are new and have been previously responded to. She noted that the letter states there could be significant and unavoidable impacts, which is incorrect. She added that the off -site consequences analysis prepared for the project showed no significant impacts. She continued that the IS/MND includes a mitigation measure to enact a fuel modification plan to mitigate fire risks. She made note of the need to remove 28 trees at the request of the Newport Beach Fire Department to support the goal of preventing a fire in the facility from spreading beyond its walls or vice versa and mitigating fire risk. She reported the RNG Facility itself will be designed with many monitors and sensors to help ensure its safe operation and mitigate fire risk. Ms. El Chammas Gass noted there was a comment made about noise and added that a Noise Analysis was conducted for this project, which is included in the IS/MND, and sufficiently addresses that comment. Principal Nicole Vermilion, on behalf of PlaceWorks, clarified that the facility will have a closed system, so there will be no fugitive emissions unaddressed by the air quality permit through the South Coast Air Quality Management District (AQMD). She noted the South Coast AQMD is listed as a responsible agency, so it will have to approve the project along with Newport Beach. She expressed confidence in the conclusions of the MND. 34-65 Docusign Envelope ID: 47010550-F784-46D7-B2D7-05810B6B5078 Attachment E Planning Commission Meeting July 17, 2025 Senior Planner Perez stated, in response to Secretary Langford's earlier inquiry about the facility's exterior, staff reviewed both a light blue and camouflage print option for the exterior, with a final design to be determined in plan check. In response to Vice Chair Salene's earlier inquiry about Sage Hill School, she reported that staff have put a mitigation measure into the MND requiring a traffic control plan sensitive to the school. Chair Harris closed the public hearing. Secretary Langford lauded the fact that there have been no incidents in the 30 years of operations by the previous facility, and bringing in newer technology to the new facility. He expressed an interest in the fuel modification plan, noting the NBFD has been doing a great job of removing trees at risk for fire. He requested of the applicant if, in addition to removing the trees, they could landscape to better help shield the walls from traffic on Newport Coast Drive. Motion made by Secretary Langford and seconded by Commissioner Reed to approve the Item as recommended. AYES: Harris, Langford, Reed, and Salene NOES: None ABSTAIN: None ABSENT: Ellmore, Gazzano, and Rosene Vill. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION - None ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Deputy Director of Community Development Murillo reported that the August 7th Planning Commission meeting will review the Zenk residence on Bayview Drive in Corona del Mar. He reported that the City has received an appeal of the Ford Road Townhome project approved at the last meeting. He added it was filed by a law firm representing a group titled Save Our Sports Park. He reported that staff is working with the applicant to prepare the matter for City Council review. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Commissioner Reed reported he will not be able to attend the August 71h meeting. Chair Harris congratulated Commissioner Ellmore and his wife on the birth of twin sons. IX. ADJOURNMENT — With no further business, Chair Harris adjourned the meeting at 7:26 p.m. 34-66 Docusign Envelope ID: 47010550-F784-46D7-B2D7-05810B6B5078 Attachment E Planning Commission Meeting July 17, 2025 The agenda for July 17, 2025, Planning Commission meeting was posted on Friday, July 11, 2025, at 9:35 a.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Friday, July 11, 2025, at 9:34 a.m. Tpisfarn, Royis Tristan Harris, Chair Jonathan Langford, Secretary 34-67 Attachment F HCD Comment Summary Table 1 below summarizes the comments received by HCD as part of their review of the City's ADU ordinance and identifies how the City proposes to address those comments. The comments received by HCD are intended to guide the City in addressing the State ADU law changes that went into effect on March 27, 2024, and January 1, 2025. Table 1. HCD Letter Summary Comment HCD Comment Proposed Revision Explanation "Required to correct legacy State ADU Law prohibits cities establish nonconforming from denying a permit for an Remove reference to zoning condition(s), building s) ADU/JADU to correct 1 "legally established" from code violdition and/or de vied nonconforming violations the ordinance. unp structure(s) that whether or not the do/does not present a threat nonconformity was legally to public health and established. safety..." Add note of the "...units as provided in this exception for units under section and California 66323 Units are protected and 2 Government Code Government Code Section not subject to additional Section 66323. 66323..." development standards outside of State ADU Law. "Maximum Number of 66323 Units are protected and Remove the restriction Accessory Dwelling Units multiple ADUs/JADUs may be 3 on the combination of Allowed. Unless precluded built on a single property, 66323 Units that can be by Government Code therefore, a reference to State constructed. Section 66323 Tthe ADU Law is included. following" Remove the restriction The NBMC already defines on parcels for multi -unit "lot" for the purpose of a multi- 4 "lots" to align with the No change required. unit development. The building "lot" Building Code definition. code definition of is not codified in State ADU Law and therefore not applicable. Remove requirements Development Standards. State ADU Law allows a local that ADUs conform to Except as modified by this jurisdiction to impose objective underlying zoning subsection or authorized by standards on ADUs and 5 standards, and `other' California Government Code JADUs, with the exception of unspecified provisions Section 66317 and 66323, ADUs and JADUs that are not in the ADU an accessory dwelling specifically protected under ordinance. unit..." Section 66323 of the Government Code (i.e. 66323 Units). Specify that building and 6 demolition No change required. This section relates to the permits are reviewed replacement of existing and issued concurrently detached garages with ADUs. 34-69 for JADUs that replace detached garages. Clarify the height limitations to ensure building heights and stories for attached ADUs are not restricted. Add note of the exception for units under Government Code 8 Section 66323 to not limit the size of detached ADU on lots with multifamilv dwellinas. Cite the California Building Code to 9 regulate the minimum size for ADUs and JADUs. Exclude JADUs from 10 replacement parking requirements. No change required "Development Standards. Except as modified by this subsection or authorized by California Government Code Section 66317 and 66323, an accessory dwelling unit..." "...minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit or as required by the California Building Code (CBC)." "No Replacement Parking Necessary. Outside the coastal zone, when a garage, carport, GF GOVered narking 6+r61,t61Fe covered or uncovered parking space 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. Outside the coastal zone, when a garage is demolished in conjunction with the construction of a junior accessory dwelling unit at the same location or converted to a junior accessory dwelling unit, that off-street parking space is not required to be replaced. JADUs are not permitted to replace detached garages, therefore, this comment does not aDDly. The City's existing ADU Ordinance is more permissive than State ADU Law. Imposing the requested amendment would impose a height limit that is lower than currently permitted by the underlvinq zoninq districts. 66323 Units are protected and not subject to additional development standards outside of State ADU Law. JADUs may be smaller in some cases than an "efficiency unit" as defined by the CBC. Therefore, a reference to the CBC is included to determine the minimum size required for a JADU. Replacement parking for JADU garage conversions is not required per Government Code Section 66334, therefore, a new sentence is introduced to provide clarity. In addition, no changes to Title 21 are proposed given that replacement parking in the coastal zone is required for both ADUs and JADUs (as permitted by State Law). 34-70 Amend to allow for the sale or separate 11 conveyance of ADUs established by a non- profit. 12 13 Remove owner occupancy restrictions for ADUs. Remove the requirement of a deed restriction on ADUs. Unit shall Ret displaGe required U red parLinrr spaees Refer to Section 21.48.200(F)(8)(e) for replacement parking in the coastal zone." "No Separate Conveyance. Except as authorized in California Government Code 66341,. Aan accessory dwelling..." No change required "Prior to the issuance of a building and/or grading permit for are acsessery dwelling „nit anrJ/nr junior accessory dwelling unit, the property owner shall record a deed restriction with.." and "This deed restriction shall remain in effect so long as the aGGeSSOry dwelling uni4 and/erjunior accessory dwelling unit exists on the lot." There is a very narrow exception in State ADU Law that requires cities to allow separate conveyance (i.e. separate sale) of ADUs for non -profits. This revision is not necessary given the existing ADU ordinance does not require owner occupancy of ADUs, and specifies that owner occupancy is only required for JADUs. Deed restrictions will no longer be required for ADUs. State ADU Law only allows deed restrictions to be required for JADUs. 34-71 Attachment G NBMC Title 20 (Planning and Zoning), proposed redlined code changes 34-72 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 66310 through 663426, 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 California Government Code Section 66323; 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 34-73 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. Unless precluded by Government Code Section 66323 Tthe following is the maximum number of accessory dwelling units allowed on any residential lot. For purposes of this section, "multi -unit dwelling" means a StrUGtUre or development containing two or more dwelling units on one lot. 1. Internal to a Single -Unit or Multi -Unit Dwelling Category. Only one 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: Within the space of a proposed single -unit or multi -unit dwelling; 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 Titles 9 (Fire Code) and 15 (Buildings and Construction). 2. Attached on Lot With Single -Unit or Multi -Unit Dwelling Category. Only one 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 detached new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. Up to two 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 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: 34-74 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 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 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 Titles 9 (Fire Code) and 15 (Buildings and Construction). 4. The junior accessory dwelling unit maybe 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 or authorized by California Government Code Section 66317 and 66323, 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, 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. 34-75 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 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 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 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 California Public Resources Code Section 21155, shall not exceed a height of eighteen (18) feet. An additional two 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 or more bedroom unit. 34-76 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 or as required by the California Building Code (CBC). 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 feet; and 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. 34-77 ---' 0 son 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 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. An accessory dwelling unit internal to a proposed principal residence or converted from existing space of a principal residence or existing accessory structure-, 34-78 ii. An accessory dwelling unit located within one -half -mile walking distance of 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 „ererd narking strU Gt ire covered or uncovered parking space 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. Outside the coastal zone, when a garage is demolished in conjunction with the construction of a junior accessory dwelling unit at the same location or converted to a junior accessory dwelling unit, that off-street parking space is not required to be replaced. ^^^eccnr., rlWelliRg c+'r„its shall not rlisplaGe required URGe er ed—parking spa%& Refer to Section 21.48.200(F)(8)(e) for replacement parking in the coastal zone. 9. Historic Resources. 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. 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 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. 34-79 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. Except as authorized in California Government Code 66341,.,AP,--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 aGGeSS^ry dwelling unit and/er 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 aGGesser dwelling unit and/e junior accessory dwelling unit exists on the lot. 34-80 Attachment H NBMC Title 21 (Local Coastal Program Implementation Plan), proposed redlined code changes 34-81 21.48.200 Accessory Dwelling Units. A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 66310 through 66342, 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 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; and do/does not raise inconsistency with the coastal resource protection policies of subsection (C)(3) of this section. 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 building permit and the following conditions: 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 California Government Code Section 66323; 3. The dwelling conforms to the coastal resource protection development regulations of the Implementation Plan and Coastal Land Use Plan provisions, including Implementation Plan Section 21.28.040 (Bluff (B) Overlay District), 21.28.050 (Canyon (C) Overlay District), 21.30.100 (Scenic and Visual Quality Protection), or Chapter 21.30B (Habitat Protection); and 4. 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. Coastal Development Permits. 1. Application. The applicant shall obtain a coastal development permit, pursuant to Chapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or excluded from the 34-82 coastal development permit process pursuant to Section 21.52.035 (Projects Exempt From Coastal Development Permit Requirements) or 21.52.045 (Categorical Exclusions). 2. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development Review Procedures) regarding the review and approval of coastal development permits in relation to accessory dwelling units are applicable, except that a public hearing as required by Chapter 21.62 (Public Hearings) shall not be required. Public notice shall be provided as required in Section 21.62.020, except the requirements of Section 21.62.020(A) shall be replaced with a statement that no local public hearing will be held and that written comments on the proposed development may be submitted. Written comments received shall be reviewed by the review authority. 3. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64 (Appeals and Calls for Review), coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealed to the Coastal Commission in accordance with the provisions of Section 21.64.035 without a discretionary hearing by the Planning Commission or City Council. E. Maximum Number of Accessory Dwelling Units Allowed. Unless precluded by Government Code Section 66323 tThe following is the maximum number of accessory dwelling units allowed on any residential lot. For purposes of this section, "multi -unit dwelling" means a str,�or development containing two or more dwelling units on one lot. n I„ GRe of the Gatennries deonrihed below in this s, ibsenfinn may he used per let 1. Internal to a Single -Unit or Multi -Unit Dwelling Category. Only one accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit or multi -unit dwelling, subject to the following: The accessory dwelling unit is proposed: i. Within the space of a proposed single -unit or multi -unit dwelling; or 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 Titles 9 (Fire Code) and 15 (Buildings and Construction). 2. Attached on Lot With Single -Unit or Multi -Unit Dwelling Category. Only one 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 detached new construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. Up to two 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 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: 34-83 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 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. F. Maximum Number of Junior Accessory Dwelling Units Allowed. One 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 Titles 9 (Fire Code) and 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. G. Development Standards. Except as modified by this subsection or authorized by California Government Code Section 66317 and 66323, 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 21 (Local Coastal Program Implementation Plan), 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, unless a greater setback is needed to comply with subsection (C)(3) of this section. b. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required, beyond the existing setback provided, unless a greater setback is needed to comply with subsection (C)(3) of this section. 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. 34-84 C. Attached and detached accessory dwelling units shall provide a minimum setback of four 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 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 dwelling unit complies with parking standards set forth in Section 21.40.040. 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 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 or more bedroom unit. b. Application of the size limitations set forth in subsection (G)(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 setbacks, 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 or as required by the California Building Code (CBC). 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 34-85 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 feet; and 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. r 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 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 parking space shall be required for each accessory dwelling unit. C. When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet. d. No parking shall be required for: i. An accessory dwelling unit internal to a proposed principal residence or converted from existing space of principal residence or existing accessory structure; 34-86 ii. An accessory dwelling unit located within one-half mile walking distance of 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. e. Replacement Parking Necessary. When a garage, carport, or covered parking StF a is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, replacement parking shall be provided. Replacement parking 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. Accessory dwelling units shall not displace required uncovered parking spaces. 9. Waterfront Development and Flood Hazard Areas. a. The minimum top of slab elevation for new interior living areas, including areas converted from nonliving areas, shall comply with the flood hazard and sea level rise protection standards of Section 21.30.015(D). b. Any development in shoreline hazardous areas shall comply with Section 21.30.015(E). 10. Historic Resources. Any accessory dwellinq 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. H. 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 (H)(3) of this section, the City may require the installation of a new or separate utility connection 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 or multi -unit dwellings. 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. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units 34-87 1. No Separate Conveyance. Except as authorized in California Government Code 66341, aAn 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. J. Deed Restriction and Recordation Required. 1. Prior to the issuance of a building and/or grading permit for a an aGG866OFy dwelling URit andier 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 aGGessery dwelling 6IRit and/Gr junior accessory dwelling unit exists on the lot. 2. For properties in flood hazard areas as identified by the Federal Emergency Management Agency in the "Flood Insurance Study" for Orange County, California and Incorporated Area with accompanying FEMA Flood Insurance Rate Maps, deed restriction shall also include notice to future owners that the unit is located within an area that may be subject to flooding or future flooding. 3. For properties located in low lying shoreline areas that may be subject to future sea level rise, the property owner shall also record a waiver of future protection in compliance with Section 21.30.015(E)(5). 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, art conformance with California Government Code Sections 66310 through 66342. 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. (Ord. 2024-28 § 1 (Exh. A), 2024; Ord 2022_6 § ti 2022) Attachment I Existing ADU Ordinance Summary Matrix ' CITY OF ,. N E II PO RT BEACH r° NEWPORT BEACH ADU ACCESSORY DWELLING UNIT ORDINANCE SUMMARY Effective 3/16/2023 Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) are regulated by Newport Beach Municipal Code Sections 20.48.200 and 21.48.200. Ministerial review of all ADUs and JADUs will occur through building permit plan check. A Coastal Development Permit may also be required for properties within the Coastal Zone. Please consult with a planner prior to submitting and ADU/JADU project. ADU Type JADU Conversion' of an interior portion of an existing single -unit dwelling; or new construction within a proposed single - unit dwelling; or attached to an existing or proposed single -unit dwelling INTERNALI,2 Conversion of an interior portion of an existing single -unit or multi -unit dwelling, or an existing detached accessory building; or new construction within a proposed single -unit or multi- unit (2+) development M M ENT M 0 1 ATTACHED' DETACHED CONVERSION Construction of a new ADU attached Construction of a new ADU as a detached Conversion of an existing non -habitable (e.g., to an existing or proposed single -unit accessory building storage rooms, boiler rooms, passageways, or multi -unit dwelling attics, basements, or garages) portion of a multi -unit (2+) development Allowed on all residential and mixed Allowed on all residential and mixed zoned Zoning zoned properties that are improved Allowed on all residential and mixed zoned properties that are improved with a single -unit or multi -unit dwelling properties that are improved with existing with a single -unit dwelling multi -unit dwellings Single -unit Development: One At least one and no more than 25% of the Number of Units One One existing unit count in the multi -unit Multi -unit Development: Two development Allowed with Other ADU May also provide single -unit ADU May also provide JADU as part of a single -unit dwelling No Minimum Lot Size None Minimum Size Shall comply with California Building Code Section 1208 (Interior Space Dimensions) Maximum Size Studio/One-Bedroom = 850 500 No limit No limit (Square Feet) Two Bedroom = 1,000 Maximum Height Per base zone Per base zone Per base zone 16 feet3 N/A Front Setback 4 Per base zone Side Setback 4 Per base zone Per base zone 4 feet or base zone, whichever is less Per Base Zone Rear Setback Per base zone Per base zone 4 feet (not abutting alley) or base zone, whichever is less Per Base Zone 800 sf ADU Exception for N/A Application of floor area limit, site coverage limit, or front setback shall not N/A Existing Development' reduce an ADU below 800 square feet Walkout Basement Floor area of ADU/JADU may be excluded from the allowable floor area limit when located below grade within a basement and specific criteria is met. See Section 20.48.200(F)(5) and 21.48.200(F)(5) FAL Exception CITY OF N EW PO FAT BEACH ACCESSORY DWELLING UNIT ORDINANCE SUMMARY 9 NEWPORT BEACH Effective 3/16/2023 ADU Type JADU INTERNAL1,z ATTACHED' DETACHED ` CONVERSION Exterior entrance required in all cases. JADUs may provide internal connection. Access Bathroom May share with Bathroom is required primary dwelling unit Kitchen Efficiency6 Full kitchen, including fixed cooking appliance with outside exhaust. Parking None None One per unit None Parking waived for the ADU if the property is: 1) within % mile walking distance to transit; 2) within an architecturally or historically significant Parking Exception N/A district; 3) on -street parking permits are required and not provided to the N/A occupant of the ADU; 4) within one block of a car -share vehicle pick- up/drop-off location; or 5) when ADU is constructed in conjunction with a new single -unit or multi -unit dwelling not located in the coastal zone. Garage/Carport Allowed; Replacement parking Allowed; Replacement parking N/A Allowed; Replacement parking Conversion required citywide required in the Coastal Zone required in the Coastal Zone Deed Restriction Prior to issuance of building permit, owner must record deed restriction (prepared by the City) noting the size of the unit, description of unit, prohibition on short term rentals, prohibiting the sale of the ADU JADU andspecifying owner-occu owner -occupancy requirement for JADU. Additional restrictions required in the Coastal zone. p g / p Y q q Owner -Occupancy Owner shall live in either unit N/A Short -Term Lodging Short-term lodging is prohibited. Utility Connection A separate utility connection is not The City may require a separate utility connection. (See Utilities Director 1/9/21 Memorandum for single water and sewer service allowances) required Fire Sprinklers Only required if fire sprinklers required and provided on primary unit. Separate Conveyance ADUs and JADUs may not be sold separately I Internal is either: 1) conversion of existing floor area within the envelope of an existing single -unit dwelling (including garage); or 2) development of an ADU within the footprint of a proposed single -unit or multi -unit dwelling (excluding garage) that complies with all applicable development standards. Construction of a new ADU that extends beyond the envelope of an existing single -unit or multi -unit dwelling or beyond the footprint of a proposed single -unit or multi -unit dwelling shall comply with the standards applicable to Attached ADUs. Z Conversions of existing accessory structures are permitted a 150 sq. ft. addition to accommodate ingress/egress. Conversions within principal structure not entitled to 150 sf addition. 3 See NBMC Sections 20.48.200(F)(3) and 21.48.200(G)(3) for additional height allowances applicable to detached ADUs under certain circumstances. 4 For conversion of existing enclosed floor area, garage, or carport, no additional setback required. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required beyond the existing setback. Additional setback maybe required for coastal resource protection per IP. 'An ADU constructed concurrently with a new development shall comply with the total maximum allowed floor area limits, lot coverage limits, and front setbacks applicable to the property. In the case where the floor area, lot coverage, or front setbacks of existing development doesn't allow the development of an 800 sf ADU and no other compliant alternatives exist, then the ADU may exceed the floor area or lot coverage limits, and/or encroach into the front setback to the minimum extent necessary to accommodate the 800 sf ADU provided it meets all other applicable standards. 'An efficiency kitchen may include a basic plug-in cooking appliance such as hot plate or microwave. A sink, food preparation counter and storage cabinets of reasonable size required. 34-91 Attachment J Proposed ADU Ordinance Summary Matrix 34-92 CITY OF r000n 0 5-n-1 ,. NE IIPORT BEACH NEWPDRT BEACH ADU ACCESSORY DWELLING UNIT ORDINANCE SUMMARY Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) are regulated by Newport Beach Municipal Code Sections 20.48.200 and 21.48.200. Ministerial review of all ADUs and JADUs will occur through building permit plan check. A Coastal Development Permit may also be required for properties within the Coastal Zone. Please consult with a planner prior to submitting and ADU/JADU project. JADU AD ORDEVELOPMENT DEVELOPMENT JADU-' INTERNAL',Z,'- ATTACHED' DETACHED,? CONVERSION'- ADU Type Conversion' of an interior portion of an existing Conversion of an interior Construction of a new ADU attached Construction of a new ADU as a detached Conversion of an existing non -habitable (e.g., single -unit dwelling; or new construction within portion of an existing single- to an existing or proposed single -unit accessory building storage rooms, boiler rooms, passageways, a proposed single -unit dwelling; or attached to unit or multi -unit dwelling, or or multi -unit dwelling attics, basements, or garages) portion of a an existing or proposed single -unit dwelling an existing detached accessory multi -unit (2+) development building; or new construction within a proposed single -unit or multi -unit (2+) development Allowed on all residential and mixed zoned Allowed on all residential and mixed zoned properties that are improved with asingle-unit or multi -unit Allowed on all residential and mixed zoned Zoning properties that are improved with a single- properties that are improved with existing unit dwelling dwelling multi -unit dwellings Single -unit Development: One Existing Multi -unit Development: Up At least one and no more than 25% of the Number of Units One One to eight, not to exceed the number of existing unit count in the multi -unit existing primary units development New Multi -unit Development: Two Allowed with Other ADU May also provide single -unit ADU May also provide JADU as part of a single -unit dwelling No Minimum Lot Size None Minimum Size Shall comply with California Building Code Section 1208 (Interior Space Dimensions) Maximum Size Studio/One-Bedroom = 850 500 No limit No limit (Square Feet) Two Bedroom = 1,000 Maximum Height Per base zone Per base zone Per base zone 16 feet3 N/A Front Setback 4 Per base zone Side Setback 4 Per base zone Per base zone 4 feet or base zone, whichever is less Per Base Zone Rear Setback Per base zone Per base zone 4 feet (not abutting alley) or base zone, whichever is less Per Base Zone 34-93 CITY OF N EW PO FAT BEACH � � � ACCESSORY DWELLING UNIT ORDINANCE SUMMARY NEWPORT BEACH AOU ADU Type JADU INTERNALI,2 ATTACHED' DETACHED CONVERSION Application of floor area limit, site coverage limit, or front setback shall not N/A N/A 800 sf ADU Exception for Existing Development' reduce an ADU below 800 square feet Walkout Basement Floor area of ADU/JADU may be excluded from the allowable floor area limit when located below grade within a basement and specific criteria is met. See Section 20.48.200(F)(5) and 21.48.200(F)(5) FAL Exception Access Exterior entrance required in all cases. JADUs may provide internal connection. Bathroom May share with Bathroom is required primary dwelling unit Kitchen Efficiency' Full kitchen, including fixed cooking appliance with outside exhaust. Parking None None One per unit None Parking waived for the ADU if the property is: 1) within % mile walking distance to transit; 2) within an architecturally or historically significant Parking Exception N/A district; 3) on -street parking permits are required and not provided to the N/A occupant of the ADU; 4) within one block of a car -share vehicle pick- up/drop-off location; or 5) when ADU is constructed in conjunction with a new single -unit or multi -unit dwelling not located in the coastal zone. Garage/Carport Allowed; Replacement parking required Allowed; Replacement parking required in the N/A Allowed; Replacement parking Conversion citywide Coastal Zone required in the Coastal Zone Prior to issuance of building permit, owner must record deed restriction (prepared by the City) noting the size of the unit, description of unit, prohibition Deed Restriction on short term rentals, prohibiting the sale of the ADU/JADU, and specifying owner - occupancy requirement {^�Q. Additional restrictions required in the Coastal zone. Owner -Occupancy Owner shall live in either unit N/A Short -Term Lodging Short-term lodging is prohibited. Utility Connection A separate utility connection is not required The City may require a separate utility connection. (See Utilities Director 1/9/21 Memorandum for single water and sewer service allowances) Fire Sprinklers Only required if fire sprinklers required and provided on primary unit. Separate Conveyance ADUs and JADUs may not be sold separately' 1 Internal is either: 1) conversion of existing floor area within the envelope of an existing single -unit dwelling (including garage); or 2) development of an ADU within the footprint of a proposed single -unit or multi -unit dwelling (excluding garage) that complies with all applicable development standards. Construction of a new ADU that extends beyond the envelope of an existing single -unit or multi -unit dwelling or beyond the footprint of a proposed single -unit or multi -unit dwelling shall comply with the standards applicable to Attached ADUs. 'Conversions of existing accessory structures are permitted a 150 sq. ft. addition to accommodate ingress/egress. Conversions within principal structure not entitled to 150 sf addition. CITY OF ,. NE11 PORT BEACH NEWPORT - PORT BEACH AP'J ACCESSORY DWELLING UNIT ORDINANCE SUMMARY ' See NBMC Sections 20.48.200(F)(3) and 21.48.200(G)(3) for additional height allowances applicable to detached ADUs under certain circumstances. 4 For conversion of existing enclosed floor area, garage, or carport, no additional setback required. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required beyond the existing setback. Additional setback maybe required for coastal resource protection per IP. 'An ADU constructed concurrently with a new development shall comply with the total maximum allowed floor area limits, lot coverage limits, and front setbacks applicable to the property. In the case where the floor area, lot coverage, or front setbacks of existing development doesn't allow the development of an 800 sf ADU and no other compliant alternatives exist, then the ADU may exceed the floor area or lot coverage limits, and/or encroach into the front setback to the minimum extent necessary to accommodate the 800 sf ADU provided it meets all other applicable standards. 'An efficiency kitchen may include a basic plug-in cooking appliance such as hot plate or microwave. A sink, food preparation counter and storage cabinets of reasonable size required. 'Some standards may not apply to specific ADUs and JADUs outlined in Government Code Section 66323 and are subject to specific alternative requirements. 8 ADU are allowed to be sold or conveyed separately from the primary residence to a qualified buyer by a qualified nonprofit corporation subject to affordability restrictions outlined in Government Code Section 66341. 34-95