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TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
November 27, 2018
Agenda Item No. 5
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jaime Murillo, Senior Planner, jmurillo(a�newportbeachca.gov
PHONE: 949-644-3209
TITLE: Second Reading and Adoption of Ordinance No. 2018-14 — Updating
Regulations Regarding Accessory Dwelling Units (ADUs) (PA2018-
099)
ABSTRACT:
The attached ordinance was considered and introduced at the September 11, 2018, City
Council meeting. The Zoning Code (Title 20) amendment would update regulations
permitting the development of ADUs in conjunction with single-family residences in all
residential zoning districts, including two -unit and multiple residential zoning districts.
A corresponding Local Coastal Program (Title 21) amendment has been reviewed and
approved by the California Coastal Commission on October 12, 2018. The Local Coastal
Program amendment will be scheduled for City Council review and adoption in January
2019.
RECOMMENDATION:
a) Find this project statutorily exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that 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; and
b) Conduct second reading and adopt Ordinance No. 2018-14, An Ordinance of the City
of Newport Beach, California, Adopting Zoning Code Amendment No. CA2018-003 to
Implement Revisions to State Law Relating to Accessory Dwelling Units (PA2018-
099).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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Second Reading and Adoption of Ordinance No. 2018-14 — Updating Regulations
Regarding Accessory Dwelling Units (ADUs) (PA2018-099)
November 27, 2018
Page 2
ENVIRONMENTAL REVIEW:
The project 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 that the adoption of an ordinance regarding
second units in a single-family or multifamily zone by a city or county 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 ADUs would not be a
project for CEQA purposes, and environmental review would not be required prior to
approving individual applications.
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).
ATTACHMENT:
Attachment A — Ordinance No. 2018-14
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Attachment A
Ordinance No. 2018-14
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ORDINANCE NO. 2018-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING
CODE AMENDMENT NO. CA2018-003 TO IMPLEMENT
REVISIONS TO STATE LAW 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
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Ordinance No. 2018-14
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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 (20) feet 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;
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 Zoning Code
Amendment No. CA2018-003 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 ordains as
follows:
Section 1: Newport Beach Municipal Code ("NBMC") Subsection 20.18.010(A)
and (B) 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 and light farming uses, each located on a single legal lot;
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Ordinance No. 2018-14
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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; 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:
Land Use
See Part 7 of this Implementation Plan
for land use definitions.
RM
Specific Use
See Chapter 20.12 for unlisted uses.
R -A
R-1
R-
RMD
Regulations
2
R-2
Residential Uses
Accessory Dwelling Units P P P P Section
20.48.200
Section 3: 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 of this title (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.
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Ordinance No. 2018-14
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B. Review Authority. Accessory dwelling units shall be approved in conjunction with
single -unit dwellings in all 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, and
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 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 (5) 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 (1)
story and a height of fourteen (14) feet, unless the accessory dwelling unit is
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Ordinance No. 2018-14
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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
seven hundred fifty (750) square feet of floor area, or fifty (50) percent of the
existing floor area (excluding garage) of the principal unit, whichever is less.
The minimum size of an accessory dwelling unit shall be at least that of an
efficiency unit.
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 shall have been legally permitted and existing for a
minimum of three (3) 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; and
c. The property is located within a residential zoning district that permits
single -unit dwellings and no more than one (1) 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,
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Ordinance No. 2018-14
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"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:
1.
a. A minimum of one (1) 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:
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 fifteen (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; 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 stay in a fixed location for at least ten (10) years and
available to the public.
d. If an accessory dwelling unit replaces an existing garage, replacement
spaces shall be provided. When a garage, carport, or covered parking
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Ordinance No. 2018-14
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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 thirty (30) days.
3. Number of units allowed. Only one (1) accessory dwelling unit may be located
on the lot.
4. Existing development. A single -unit dwelling shall 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 (1) 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 4: The definition of "Dwelling Unit, Accessory ("Land Use") in NBMC
Section 20.70.020 (Definition of Specialized Terms and Phrases) is amended to read as
follows..
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Ordinance No. 2018-14
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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; and
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code,
or any successor statute.
Section 5: NBMC Subsection 20.90.090(D) (Accessory Uses Permitted) is
amended to include subpart 8, which shall read as follows:
8. Accessory dwelling unit in conformance with Section 20.48.200.
Section 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: 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 8: 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 9: 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.
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Ordinance No. 2018-14
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Section 10: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 11: 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.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of September, 2018, and adopted on the 27th day
of November, 2018, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MARSHALL "DUFFY" DUFFIELD, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFF-
,
AARON C. HARP, CITY ATTORNEY
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