HomeMy WebLinkAbout2025-54 - 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 DwRESOLUTION 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;
Resolution No. 2025-54
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.
Resolution No. 2025-54
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.
Resolution No. 2025-54
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.
ATTEST:
Molly Perry
Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment(s): Exhibit "A" — Local Coastal Program Amendment (PA2025-0093)
Exhibit "B" — Facts in Support of Local Coastal Program Amendment
(PA2025-0093)
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:
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;
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.
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.
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.
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 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.
M
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;
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.
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
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).
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.
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. 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.
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.
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 (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
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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH
I, Molly Perry, Interim City Clerk of the City of Newport Beach, California, do hereby certify
that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2025-54 was duly introduced before and adopted by the City Council of said City at a regular meeting
held on the 261h day of August, 2025, and that the same was so passed and adopted by the following vote,
to wit:
AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember Michelle Barto,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J.
Weber, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 27th day of August, 2025.
Molly -Perry
Interim City Clerk
City of Newport Beach,