HomeMy WebLinkAbout2017-11 - Adopting Zoning Code Amendment No. CA2017-003 to Implement New State Law Requirements Relating to Accessory Dwelling Units (PA2017-069)ORDINANCE NO. 2017-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING
CODE AMENDMENT NO. CA2017-003 TO IMPLEMENT
NEW STATE LAW REQUIREMENTS RELATING TO
ACCESSORY DWELLING UNITS (PA2017-069)
WHEREAS, State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016)
requires jurisdictions to amend their local zoning ordinances to conform to California
Government Code Section 65852.2;
WHEREAS, Senate Bill 1069 and Assembly Bill 2299 are intended to address the
State housing crisis by easing regulatory barriers for homeowners who choose to
construct accessory dwelling units;
WHEREAS, accessory dwelling units provide housing for family members,
students, the elderly, in-home health care providers, and others, at or below market prices
within existing neighborhoods;
WHEREAS, homeowners who construct accessory dwelling units may benefit from
added income and an increased sense of security;
WHEREAS, allowing accessory dwelling units in single-family residential zones
provides additional rental housing stock;
WHEREAS, accessory dwelling units offer lower cost housing to meet the needs
of existing and future residents within existing neighborhoods, while respecting
architectural character;
WHEREAS, adopting an ordinance consistent with California Government Code
Section 65852.2 ensures that the character of the City of Newport Beach (City) is
preserved to the maximum extent possible and that the City's regulation regarding
accessory dwelling units continues to promote the health, safety, and welfare of the
community;
WHEREAS, the City has designated areas where accessory dwelling units may
be located, when permitted by California Government Code Section 65852.2, based in
part upon adequacy of water and sewer services and the impact of accessory dwelling
units on traffic flow and public safety;
Ordinance No. 2017-11
Page 2 of 8
WHEREAS, a public hearing was held on May 4, 2017, in the Council Chambers
located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of
the public hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing. The Planning Commission continued the
hearing to June 8, 2017;
WHEREAS, a public hearing was held on June 8, 2017, in the Council Chambers
located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of
the public hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing;
WHEREAS, on June 8, 2017, the Planning Commission adopted Resolution
No. 2058 by a majority vote of 4-1, recommending approval of Zoning Code Amendment
No. CA2017-003 to the City Council; and
WHEREAS, a public hearing was held on July 25, 2017, in the Council Chambers
located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of
the public hearing was given in accordance with the Newport Beach Municipal Code
(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: NBMC Subsections 20.18.010(A) are amended to read as follows:
A. R -A (Residential -Agricultural) Zoning District. The R -A zoning district is
intended to provide for areas appropriate for detached single-family residential
dwelling units, accessory dwelling units, and light farming uses, each located
on a single legal lot;
B. R-1 (Single -Unit Residential) Zoning District. The R-1 zoning district is
intended to provide for areas appropriate for a range of detached single-family
residential dwelling units and accessory dwelling units; each located on a single
legal lot, and does not include condominiums or cooperative housing.
Section 2: Table 2-1 in NBMC Section 20.18.020(C) (Allowed Uses and Permit
Requirements) is amended, in part to the Accessory Dwelling Units" row as follows:
Accessory Dwelling Units I P I P I --- I --- I Section 20.48.200
Ordinance No. 2017-11
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Section 3: Table 2-2 in NBMC Section 20.18.030 (Development Standards for
Single -Unit Residential Zoning Districts) is amended, in part, as to the "Density/Intensity'
row as follows:
Density/Intensity Each legal lot shall be allowed one single -unit detached dwelling. In
addition, one accessory dwelling unit may be allowed pursuant to
Section 20.48.200.
Section 4: NBMC Subsection 20.30.110(D) (Allowed Encroachments into Setback
Areas) is amended to add subpart 16 to read as follows:
16. Accessory Dwelling Units. Accessory dwelling units may be established
within required setback areas in compliance with the requirements of Section
20.48.200 (Accessory Dwelling Units).
Section 5: Table 3-10 in NBMC Section 20.40.040 (Off -Street Parking
Requirements) is amended, in part, as to the "Accessory Dwelling Units" row as follows:
Accessory Dwelling Units As reauired per Section 20.48.200
Section 6: NBMC Section 20.48.200 (Senior Accessory Dwelling Units) is
amended in its entirety to read as follows:
20.48.200 Accessory Dwelling Units
A. Purpose. The purpose of this Section is to establish the procedures for the
creation of accessory dwelling units as defined in Part 7 (Definitions) and in the
California Government Code Section 65852.2, or any successor statute, in
single -unit residential zoning districts or areas designated for single-family
residential use 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. Review Authority. Accessory dwelling units shall be approved in all single -unit
residential zoning districts subject to the approval of the Director upon finding
that the following conditions have been met:
1. The dwelling conforms to the development standards and requirements for
accessory dwelling units established in the subsections below.
Public and utility services including emergency access are adequate to
serve both dwellings.
C. Development standards. Except as modified by this subsection, an accessory
dwelling unit shall conform to all requirements of the underlying residential
zoning district, any applicable overlay district, and all other applicable
provisions of this Code, including but not limited to height, setback, site
coverage, floor area limit, and residential development standards and design
criteria; unless the unit is contained within a legal, nonconforming structure and
does not expand the nonconformity.
Ordinance No. 2017-11
Page 4 of 8
1. Minimum lot area. A minimum lot area of five thousand (5,000) square feet,
excluding submerged land area, shall be required in order to establish an
accessory dwelling unit.
2. Setback requirements. Accessory dwelling units shall comply with the
setback requirements applicable to the zoning district in which they are
located, except in cases where the minimum required garage setbacks
differ from principal building setbacks, in which case the following applies:
a. No additional setback shall be required for an existing garage that is
converted to an accessory dwelling unit, provided that the side and rear
setbacks comply with required Building Codes.
b. A setback of no more than five feet from the side and rear lot lines shall
be required for an accessory dwelling unit constructed above the
garage.
3. Building height. Detached accessory dwelling units shall not exceed one
story and a height of 14 feet, unless the accessory dwelling unit is
constructed above a garage, in which case the structure shall comply with
the height limits of the underlying zoning district.
4. Unit size. The maximum size of an accessory dwelling unit shall not exceed
a 750 square feet of floor area, or 50 percent of the existing floor area
(excluding garage) of the principal unit, whichever is less.
5. Design. An accessory dwelling unit shall be similar to the principal dwelling
with respect to architectural style, roof pitch, color, and materials.
6. Conversion of space within existing structure. Notwithstanding the
provisions of subsections C(1), C(2), C(3), C(4) and C(5) above, an
accessory dwelling unit shall be permitted if the unit is contained within the
existing space of a single -unit dwelling or existing accessory structure, has
independent exterior access from the existing dwelling, and the side and
rear setbacks comply with required Building Codes, and if the accessory
dwelling unit conforms with the following:
a. For the purposes of this section, the portion of the single -unit dwelling or
accessory structure must have been legally permitted and existing for a
minimum of three years prior to the issuance of a permit to convert the
space into an accessory dwelling unit.
b. No new or separate utility connection may be required between the
accessory dwelling unit and the utility service, such as water, sewer, and
power.
7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the principal residence.
Ordinance No. 2017-11
Page 5 of 8
8. Passageway. No passageway shall be required in conjunction with the
construction of an 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.
9. Parking. Parking shall comply with requirements of Chapter 20.40 (Off -
Street Parking), except as modified below:
a. One parking space required for one -bedroom or efficiency unit; two
parking spaces required for unit with two or more bedrooms.
b. Such parking may be provided as tandem parking and/or may be located
on an existing driveway; however, in no case shall parking be allowed in
a rear setback abutting an alley.
c. No parking shall be required for:
i. Accessory dwelling unit converted as part of the existing principal
residence or existing accessory structure as described in subsection
(C)5.
ii. Accessory dwelling units located within one-half mile of a public
transit. For the purposes of this section 'public transit' shall include a
bus stop with fixed route bus service that provides transit service at
15 -minute intervals or better during peak commute periods.
iii. Accessory dwelling unit is located within an architecturally and
historically significant district.
iv. When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
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 stay
in a fixed location for at least 10 years and available to the public.
d. If an accessory dwelling unit replaces an existing garage, replacement
spaces must be provided. When a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an
accessory dwelling unit, any required replacement spaces 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.
D. Additional requirements for all accessory dwelling units.
1. Sale of units. The accessory dwelling unit shall not be sold separately from
the principal dwelling.
Ordinance No. 2017-11
Page 6 of 8
2. Short-term lodging. The accessory dwelling unit shall not be rented for
periods of less than 30 days.
3. Number of units allowed. Only one accessory dwelling unit may be located
on the lot.
4. Existing development. A single -unit dwelling must exist on the lot or shall
be constructed on the lot in conjunction with the construction of the
accessory dwelling unit.
5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall
be continuously occupied by at least one person having an ownership
interest in the lot.
E. Deed restriction and recordation required. Prior to the issuance of a Building
and/or Grading Permit for an 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 and
restrictions on short-term rentals. This deed restriction shall remain in effect so
long as the accessory dwelling unit exists on the property.
Section 7: The definition of "Accessory Dwelling Unit (Land Use)" in NBMC
Section 20.70.020 (Definition of Specialized Terms and Phrases) is amended to read as
follows:
Accessory Dwelling Unit (Land Use). See "Dwelling Unit, Accessory."
Section 8: The definition of "Dwelling Unit, Senior Accessory (Land Use) in NBMC
Section 20.70.020 (Definition of Specialized Terms and Phrases) is amended to read as
follows:
Dwelling Unit, Accessory (Land Use). A dwelling unit accessory to and attached
to, detached from, or contained within, the principal dwelling unit on a site zoned
for a single-family dwelling. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code,
or any successor statute.
2. A manufactured home, as defined in Section 18007 of the Health and Safety
Code, or any successor statute.
Section 9: Subpart 8 in NBMC Subsection 20.90.060(D) (Accessory Uses
Permitted) is amended to read as follows:
8. Accessory dwelling unit in conformance with Section 20.48.200.
Ordinance No. 2017-11
Page 7 of 8
Section 10: Subpart 8 in NBMC Subsection 20.90.070(D) (Accessory Uses
Permitted) is amended to read as follows:
8. Accessory dwelling unit in conformance with Section 20.48.200.
Section 11: Subpart 8 in NBMC Subsection 20.90.080(D) (Accessory Uses
Permitted) is amended to read as follows:
8. Accessory dwelling unit in conformance with Section 20.48.200.
Section 12: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 13: 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 14: This action is exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17
and CEQA Guidelines Section 15282(h), which states the adoption of an ordinance
regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of
the Government Code are exempt from the requirements of CEQA. 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 15: An amendment to the Local Coastal Program (LCP) is also underway
to comply with State law. This Zoning Code Amendment shall not become effective for
projects located in the coastal zone for which the LCP is applicable until approval of the
subject LCP amendment by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, by resolution and/or
ordinance of the City Council of the City of Newport Beach.
Section 16: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 17: 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.
Ordinance No. 2017-11
Page 8 of 8
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 251h day of July, 2017, and adopted on the 8'h day of August,
2017, by the following vote, to -wit:
AYES: Council Member Scott Peotter, Council Member Jeff Herdman Council Member
Brad Avery, Council Member Diane Dixon Council Member Will O'Neill
Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon
NAYS:
M0 "LA �ti:NufTRI •
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM: 9<,
CITY AT EY'S OFFICE
AAR . HARP, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2017-11 was duly introduced on the 25th day of July, 2017 at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 8'h day of August, 2017, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Brad Avery,
Council Member Diane Dixon, Council Member Scott Peotter, Council
Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 9'h day of August, 2017.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2017-11 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: July 29, 2017
Adopted Ordinance: August 12, 2017
In witness whereof, I have hereunto subscribed my name this j day of &4C&46 ,
2017. 11-0
Lei] ' I. Bro n, MMC
Cit lerk
City of Newport Beach, California