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HomeMy WebLinkAbout11 - Initiate a Zoning Code Amendment Regarding Accessory Dwelling Units and Junior Accessory Dwelling UnitsCITY OF NOEWPORT REACH City Council Staff Report January 24, 2017 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director — bwisneski@newportbeachca.gov PHONE: 949-949-644-3297 TITLE: Initiate a Zoning Code Amendment regarding Accessory Dwelling Units and Junior Accessory Dwelling Units ABSTRACT: Last year, the State Legislature passed two bills regarding Accessory Dwelling Units (ADU) and one bill regarding Junior Accessory Dwelling Units (JADU) that took effect on January 1, 2017. Since the City's current regulations for ADUs are more restrictive than the new State regulations, the State's standards for permitting ADUs currently take precedent over the City's standards. Additionally, a JADU is a new, smaller type of ADU that is not addressed in the Newport Beach Municipal Code (NBMC). Staff recommends that the City Council initiate the process to amend the NBMC to conform to State law. RECOMMENDATION: a) Find that the action is not subject to the California Environmental Quality Act pursuant to Sections 15060(c)(2) and 15060(c)(3); and b) Initiate an amendment to Section 20.48.200 and other affected sections of the Newport Beach Municipal Code to appropriately reflect recent legislation affecting Accessory Dwelling Units and Junior Accessory Dwelling Units. FUNDING REQUIREMENTS: There is not any fiscal impact related to this item. Zoning Code Amendment regarding Accessory Dwelling Units and Junior Accessory Dwelling Units January 24, 2017 Page 2 DISCUSSION: Three -housing related bills were passed last year regarding Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) that took effect on January 1, 2017. Two of the bills related to ADUs (SB1069 and AB2299) are mandatory and one bill related to JADUs (SB2406) is optional. The intent of the bills is to reduce barriers to the development of ADUs, which have been found to be an "affordable -by -design type" of in -fill housing that can meet the needs of small households, including couples, small families, young people, and seniors. Currently, the City limits the occupancy of ADUs to persons who are 55 years or older, and this standard, as well as other City standards, do not comply with the new State law. Therefore, the City must use the State's more lenient ADU standards until such time the City modifies its regulations appropriately. The State standards require staff (non -discretionary approval) approval of an ADU in either a single-family or multi -family zone, provided that the ADU is located on a lot where only a single-family unit is present and other minimal development standards are met. State law does allow, with limitations, the City to regulate ADUs in respect to location, lot size, height, parking, landscaping, aesthetics, etc. For instance, ADUs may be prohibited in certain residential neighborhoods based on health and safety issues such as water, sewer, traffic flow, and public safety provided that the City demonstrates that the limitations do not burden the development of ADUs. JADUs are a new type of ADU; therefore, the NBMC does not address them. Staff will research the appropriateness of allowing JADUs, since State law does not mandate the City to make allowances for them. If the amendment is initiated by the City Council, staff will develop revised regulations for review and recommendation by the Planning Commission. The Planning Commission's recommendation will be forwarded to the City Council for final action. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the initiation of the NBMC amendment has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 11-2