HomeMy WebLinkAbout2018-65 - Authorizing the Submittal of Local Coastal Program Amendment No. LC2018-002 to the California Coastal Commission Implementing New State Law Requirements Relating to Accessory Dwelling Units (PA2018-099)RESOLUTION NO. 2018-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
THE SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2018-002 TO THE CALIFORNIA
COASTAL COMMISSION IMPLEMENTING NEW STATE
LAW REQUIREMENTS RELATING TO ACCESSORY
DWELLING UNITS (PA2018-099)
WHEREAS, State law (Senate Bill 229 and Assembly Bill 494, Statutes of 2017)
requires jurisdictions to amend their local zoning ordinances to conform to California
Government Code Section 65852.2;
WHEREAS, Senate Bill 229 and Assembly Bill 494 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, the disabled, and others, at below
market prices within existing neighborhoods. In addition, homeowners who construct
accessory dwelling units benefit from added income and increased sense of security;
WHEREAS, allowing accessory dwelling units in conjunction with single-family
residential development 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;
WHEREAS, as permitted by California Government Code Section 65852.2, the
City finds that prohibiting parking in rear alley setbacks is essential to preserve vehicular
maneuverability for residents and fire -life safety personnel traveling through the City's
narrow alleyways. In addition, prohibiting parking in front setbacks, unless located on a
driveway with a minimum twenty -feet (20') in depth, is also essential to ensure that
driveways are of sufficient depth to accommodate a vehicle entirely on-site without
protruding into the public right-of-way and blocking pedestrian, bicyclist, and vehicular
traffic, creating a life safety condition.
Resolution No. 2018-65
Page 2 of 8
WHEREAS, a public hearing was held on August 9, 2018, 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 August 9, 2018, the Planning Commission adopted Resolution
No. PC2018-025 by a unanimous vote (7-0), recommending approval of Local Coastal
Program ("LCP") Amendment No. LC2018-002 to the City Council;
WHEREAS, a public hearing was held on September 11, 2018, 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 NBMC. Evidence, both
written and oral, was presented to, and considered by, the City Council at this public
hearing; and
WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5, of the California
Code of Regulations, review drafts of LCP Amendment No. LC2018-002 were made
available and a notice of the availability was distributed a minimum of six weeks prior the
City Council public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby authorize City staff to submit LCP
Amendment No. LC2018-002 to the California Coastal Commission for review and
approval, as attached in Exhibit A, and incorporated herein by reference.
Section 2: LCP Amendment No. LC2018-002 shall not become effective until
approval by the California Coastal Commission and adoption, including any modifications
suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the
City Council of the City of Newport Beach.
Section 3: The LCP including the proposed amendment will be carried out fully in
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. 2018-65
Page 3 of 8
Section 6: 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 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 11th day of September, 2018.
C `
Marshall `DuW `DuDuffie d
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
Aaron C. Harp
City Attorney
Resolution No. 2018-65
Page 4 of 8
EXHIBIT "A"
Local Coastal Program Amendment No. LC2018-002
Section 1: Newport Beach Municipal Code (NBMC) Subsection 21.18.010(A) and (B)
are amended to read as follows:
A. R -A (Residential -Agricultural) Coastal Zoning District. The R -A Coastal Zoning
District is intended to provide for areas appropriate for detached single-family
residential dwelling units, and light farming uses, each located on a single legal lot,
and does not include condominiums or cooperative housing.
B. R-1 (Single -Unit Residential) Coastal Zoning District. The R-1 Coastal Zoning
District is intended to provide for areas appropriate for a range of detached single-
family residential dwelling units, each located on a single legal lot, and does not
include condominiums or cooperative housing.
Section 2: Table 21.18-1 in NBMC Section 21.18.020(C) (Allowed Uses and Permit
Requirements) is amended, in part to the Accessory Dwelling Units" row as follows:
Land Use
See Part 7 of this
Implementation Plan for land
R -BI
use definitions.
R-1
R-2
RM
Specific
See Chapter 21.12 for unlisted
R-2-
RM-
Use
uses.
R -A
R-1-6,000
6,000
6,000
Regulations
Residential Uses
Accessory Dwelling Units A A A A Section
21.48.200
Section 3: Amend NBMC Section 21.48.200 (Accessory Dwelling Units) to read as
follows, with all other provisions of Chapter 21.48 remaining unchanged:
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 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 unit 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.
Resolution No. 2018-65
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B. Review Authority. Accessory dwelling units shall be approved in conjunction with
single -unit dwellings in all coastal 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.
2. 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 coastal
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.
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. The minimum size of an
accessory dwelling unit must be at least that of an efficiency unit.
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5. Design. An accessory dwelling unit shall be designed and sited to:
a. Be similar to the principal dwelling with respect to architectural style, roof
pitch, color, and materials;
b. Protect public access to and along the shoreline areas;
c. Protect public views to and along the ocean and scenic coastal areas;
d. Protect sensitive coastal resources; and
e. Minimize and, where feasible, avoid shoreline hazards.
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.
c. The property is located within a coastal residential zoning district that
permits single -unit dwellings and no more than one dwelling unit exists
on the property.
7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the principal residence.
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 21.40 (Off -Street
Parking), except as modified below:
Resolution No. 2018-65
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a. A minimum of one parking space shall be provided for an accessory
dwelling unit.
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)6.
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 units 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.
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.
2. Short-term lodging. The accessory dwelling unit shall not be rented for periods
of less than 30 days.
Resolution No. 2018-65
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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.
F. Coastal Development Permits
Hearing Exemption. All of the provisions of Chapter 21.52 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
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.
2. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter
21.64, coastal development permits for accessory dwelling units that are
defined as "appealable development" pursuant to Section 21.64.035(A) may be
directly appealable 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.
Section 4: The definition of "Dwelling Unit, Accessory (Land Use) in NBMC Section
21.70.020 (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 residential use. 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.
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, the foregoing resolution, being Resolution
No. 2018-65 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 111h day of September, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Herdman, Council Member Diane Dixon, Council Member Kevin
Muldoon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem
Will O'Neill, Mayor Duffy Duffield
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 121h day of September, 2018.
/171 r I 1_
Leilani I. Brown
City Clerk
Newport Beach, California