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HomeMy WebLinkAbout4.0_Accessory Dwelling Unit Ordinance_PA2018-099o��,EWP°Rr CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 17, 2018 CqC/F00.NP Agenda Item No. 4 SUBJECT: Accessory Dwelling Unit Ordinance (PA2018-099) Code Amendment No. CA2018-003 Local Coastal Program Amendment No. LC2018-002 SITE LOCATION: Citywide APPLICANT: City of Newport Beach PLANNER: Jaime Murillo, Senior Planner 949-644-3209, imurillo(a)newportbeachca.00v PROJECT SUMMARY Initiation of amendments to the Zoning Code and Local Coastal Program revising the City's regulations pertaining to Accessory Dwelling Units (ADU) to conform with Government Code Section 65852.2, as effective January 1, 2018. Specifically, the proposed amendments would update regulations related to the development of ADUs as new construction in single-family residential zoning districts, or as conversions of existing floor area within single-family residences in all residential zoning districts. The Planning Commission may initiate a Zoning Code amendment pursuant to Section 20.66.020 (Initiation of Amendment) of the Municipal Code. Once initiated, the amendment will be prepared with subsequent hearings before the Planning Commission and City Council. RECOMMENDATION 1) Take public comment; 2) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and 3) Initiate an amendment to Section 20.48.200 and other affected sections of the Newport Beach Municipal Code to appropriately reflect recent legislation affecting the development of Accessory Dwelling Units. 1 Accessory Dwelling Unit Ordinance Initiation Planning Commission, May 17, 2018 Page 2 DISCUSSION Background (Previous Amendment In 2016, the State Legislature passed Assembly Bill No. 2299 (Bloom) and Senate Bill No. 1069 (Wieckowski) amending California Government Code Section 65852.2 related to ADUs, which took effect on January 1, 2017. The intent of the bills was to reduce barriers to the development of ADUs, which have been found to be an affordable -by - design type of in -fill housing. ADUs can meet the needs of couples, small families, young people, students and seniors by offering new below-market rentals in existing neighborhoods. In addition, homeowners who create ADUs benefit from added income, and increased sense of security. Cities with ordinances not in compliance with State law must use the State's more lenient ADU standards. The State standards require ministerial approval (no discretion or public hearing) of an ADU in single-family and multi -family zoning districts where only a single- family unit is present, provided other minimal standards are met. Through the adoption of an ordinance, cities have the ability to regulate certain aspects of ADUs, such as location, lot size, unit size, parking, and aesthetics, depending on circumstances. In response to the changes in State law, the City comprehensively updated its regulations permitting the development of ADUs with the adoption of Ordinance No. 2007-011 by the City Council on August 8, 2017. Additional regulations were adopted to protect neighborhood character and minimize impacts, including the following: 1) limiting ADUs to single-family residential zoning districts only; 2) establishing a minimum lot size of 5,000 square feet or greater and a maximum unit size of 750 square feet for new construction ADUs; and 3) establishing height and design standards to minimize the appearance of two units on a lot. The City Council also adopted Resolution No. 2017-51, authorizing the submission to the California Coastal Commission (CCC) for review and approval of similar revisions to the City's Local Coastal Program (LCP) for properties located within the Coastal Zone. The LCP amendment are still under review with the CCC. Recent Changes in Law (Proposed Amendment) In late 2017, the State Legislature passed Assembly Bill No. 494 (Bloom) and Senate Bill No. 229 (Wieckowski) further amending California Government Code Section 65852.2 related to ADUs, which took effect on January 1, 2018. The intent of these bills were to clarify the various provisions of the 2016 law to promote the development of ADUs. The following table summarizes the more significant changes in law and the City amendments needed, if any. N Accessory Dwelling Unit Ordinance Initiation Planning Commission, May 17, 2018 Page 3 Table 1 — Recent Changes in Law & City Amendments Needed Changes in Law Amendments Needed Allowing ADUs to be built concurrently No amendment needed. Existing with a proposed single-family residence, ordinance assumed this was intent. as opposed to only when an existing single-family residence exist on a lot Expanding zoning districts where ADUs Amendment needed to permit ADU can be converted from existing floor area conversions within existing single-family within a single-family residence or residences located on two -unit (R -2/R -BI) accessory structure to include all zoning and multi -unit (RM) residential zoned lots. districts that allow single-family uses, as opposed to single-family zoning districts ADUs may continue to be prohibited as only. new construction in two -unit and multi -unit zoning districts. Reducing parking requirements for new Amendment needed to revise parking ADU's from one space required for one- requirements for consistency. bedroom units and two spaces for two or more bedroom units, to a maximum of one space regardless of bedroom count Modifying fees from utilities, such as No amendment needed. Affects other special districts and water corporations; agencies. and Local agencies were previously only No amendment needed. City will consult required to submit a copy of adopted with HCD during amendment process and ordinances to the State Department of submit ordinance once adopted. Housing and Community Development (HCD) within 60 days of adoption. HCD now has the ability to review and comment on submitted ordinances. Alternatives The Commission can decline initiation at this time or forward the request to City Council for consideration. In any case, noncompliance with State law will require the City to utilize the State's more lenient ADU standards until the City modifies it regulation appropriately. 3 Accessory Dwelling Unit Ordinance Initiation Planning Commission, May 17, 2018 Page 4 Environmental Review The Planning Commission's initiation of a zoning amendment is exempt from the CEQA pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. No final action on any amendments will occur at this meeting and the initiation of the amendment does not have any legally binding effect upon future consideration of the amendments themselves. The City will conduct an environmental review prior to the consideration and potential approval of the amendments. Public Notice The Municipal Code does not require notice for the initiation of amendments; however, this item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Should the Planning Commission initiate the amendment, public notice will be provided for subsequent public hearings before the Planning Commission and City Council as required by the Municipal Code. Prepared by: Submitted by: Jatffie Murillo Jim Campbell Senior Planner Deputy Community Development Director Planning Commission - May 17, 2018 Item No. 4a - Additional Materials Presented At Meeting Wgn�PA2018-099) Accessory Dwelling Unit Ordinance Planning Commission Amendment Initiation May 17, 2018 - An Accessory Dwelling Unit is a secondary dwelling unit with independent living facilities. Two types: New Construction (attached or detached) Conversions (repurposed existing space) ifWT41MTN Law enacted in 1982 to encourage the creation of ADUs, but afforded local flexibility City adopted finding of adverse impacts in 1.988 and prohibited ADUs, with the exception of "Granny Units" ADU Law overhauled in 2o16 (eff. Jan. 2017) Eliminated prohibitions City regulations voided Established State Standards forADUs Community Development Department- Planning Division A '0JI111111WO 0 ADU Conversions- Per State Standards New Construction ADUs- Additional regulations pertaining to location, lot size, parking, and aesthetics, consistent with State law. Location Single -Family Zoning Districts Lot Size 5000 SF min Unit Size 750 SF max Aesthetics Similar design to principal dwelling with respect to architectural style, roof pitch, color, and materials Height 14' detached units (unless over garage) Community Development Department- Planning Division Revisions to the City's regulations pertaining to Accessory Dwelling Units (ADUs) Zoning Code Amendment Local Coastal Program Amendment In response to two bills adopted in 2017 revising Gov. Code Sec. 65852.2 (State ADU Law) SB229 and AB494 Purpose to clarify intent of law Community Development Department- Planning Division ADU Conversions To allow within existing SFR on single-family and multi -family zoning districts (currently SFR zones only) ■ New Construction ADUs To reduce parking requirement to a maximum of on space regardless of bedroom count (parking exceptions apply). Community Development Department- Planning Division 6 Initiate amendment Staff will draft revised ordinance ■ Planning Commission & City Council Meetings ■ Submit to HCD (ability to review and comment) ■ Submit LCP Amendment to Coastal Commission o7/13/zoiz Community Development Department- Planning Division For more information contact: Jaime Murillo 949-644-3209 jmurilloQa newportbeachca.gov www.newport�eachca.gov 1 Planning Commission - May 17, 2018 Item No. 4a - Additional Materials Presented At Meeting Accessory Dwelling Unit Ordinance (PA2018-099)