HomeMy WebLinkAbout2019-1 - Amending Title 21 of the Newport Beach Municipal Code and Adopting Local Coastal Program Amendment No. LC2017-003, as Modified by the California Coastal Commission (Accepting their Suggested Modifications), Implementing New State Law RequirementsORDINANCE NO. 2019-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE
21 OF THE NEWPORT BEACH MUNICIPAL CODE AND
ADOPTING LOCAL COASTAL PROGRAM AMENDMENT
NO. LC2017-003, AS MODIFIED BY THE CALIFORNIA
COASTAL COMMISSION (ACCEPTING THEIR
SUGGESTED MODIFICATIONS), IMPLEMENTING NEW
STATE LAW REQUIREMENTS RELATING TO
ACCESSORY DWELLING UNITS (PA2018-099)
WHEREAS, Section 30500 of the Public Resources Code requires each county
and city to prepare a local coastal program ("LCP") for that portion of the coastal zone
within its jurisdiction;
WHEREAS, the California Coastal Commission ("Coastal Commission")
effectively certified the City of Newport Beach ("City") LCP on January 13, 2017, and the
City assumed coastal development permit -issuing authority on January 30, 2017;
WHEREAS, LCP Amendment No. LC2017-003 is necessary to address changes
in State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016, and Senate Bill
229 and Assembly Bill 494, Statutes of 2017) that require jurisdictions to amend their local
zoning ordinances to conform to California Government Code Section 65852.2;
WHEREAS, Senate Bills 1069 and 229, and Assembly Bills 2299 and 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;
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WHEREAS, adopting an ordinance consistent with California Government Code
Section 65852.2 ensures that the character of the 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 (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, public hearings were held on May 4, 2017 and June 8, 2017 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. Notices of time, place
and purpose of the public hearings were 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 these public hearings;
WHEREAS, on June 8, 2017, the Planning Commission adopted Resolution No.
2057 by a majority vote of 4-1, recommending approval of LCP Amendment No. LC2017-
003 to the City Council;
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 NBMC. Evidence, both written and
oral, was presented to, and considered by, the City Council at this public hearing;
WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5, of the California
Code of Regulations, review drafts of LCP Amendment No. LC2017-003 were made
available and a notice of the availability was distributed a minimum of six weeks prior the
City Council public hearing;
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WHEREAS, on July 25, 2017, the City Council adopted Resolution No. 2017-51
approving LCP Amendment No. LC2017-003 and authorizing City staff to submit LCP
Amendment No. LC2017-003 to the California Coastal Commission;
WHEREAS, Resolution No. 2017-51 specified LCP Amendment No. LC2017-003
shall not become effective until approval by the Coastal Commission and adoption, including
any modifications suggested by the Coastal Commission, by resolution(s) and/or
ordinance(s) of the City Council;
WHEREAS, on October 12, 2018, the California Coastal Commission approved LCP
Amendment Request No. 4-17 Part B (LCP-5-NPB-17-0084-1), which included LCP
Amendment No. LC2017-003 with modifications to incorporate more recent changes in
State law (Senate Bill 229 and Assembly Bill 494, Statutes of 2017) that became effective
January 1, 2018;
WHEREAS, as a result of the Coastal Commission's action, language in the
Implementation Plan portion of LCP Amendment No. LC2017-003 has been modifed to
make it consistent with Coastal Commission's approval on October 12, 2018; and
WHEREAS, a public hearing was held on January 22, 2019, 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.
NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains
as follows:
Section 1: Table 21.18-1 in NBMC Section 21.18.020(C) (Allowed Uses and Permit
Requirements) is hereby amended, in part, as to the "Accessory Dwelling Units" row to
read as follows:
Land Use
See Part 7 of this
Implementation Plan for land
use definitions.
See Chapter 21.12 for unlisted
uses.
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R -BI
R-1 R-2 RM Specific
R-2- RM- Use
R -A R-1-6,000 6,000 6,000 Regulations
Accessory Dwelling Units A A A A Section21.48.200
Section 2: Table 21.18-2 in NBMC Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) is hereby amended, in part, as to the
"Density/Intensity" row to read as follows:
Density/Intensity Each legal lot shall be allowed one single -unit detached dwelling. In addition,
one accessory dwelling unit may be allowed.
Section 3: NBMC Subsection 21.30.110(D) (Allowed Encroachments into Setback
Areas) is hereby 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 21.48.200
(Accessory Dwelling Units).
Section 4: Table 21.40-1 in NBMC Section 21.40.040 (Off -Street Parking
Requirements) is hereby amended, in part, as to the "Accessory Dwelling Units" row to
read as follows:
Accessory Dwelling Units As required per Section 21.48.200
Section 5: The chapter titles and heading for NBMC Chapter 21.48 are hereby
amended to read:
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Chapter 21.48
STANDARDS FOR SPECIFIC LAND USES
Sections:
21.48.010
Purpose.
21.48.025
Visitor Accommodations.
21.48.035
Newport Harbor.
21.48.045
Light Industrial Uses.
21.48.055
Public Beaches.
21.48.085
Public Trust Lands.
21.48.115
Short -Term Lodging.
21.48.200
Accessory Dwelling Units.
Section 6: NBMC Section 21.48.200 (Accessory Dwelling Units) is hereby added to
read as follows:
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.
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.
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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.
I 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.
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;
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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:
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a. A maximum of one parking space shall be required 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 a proposed or
existing principal residence or existing accessory structure.
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.
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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.
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.
1. 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.
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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 7: The definition of "Accessory Dwelling Unit (Land Use)" in NBMC
Section 21.70.020 (Definitions of Specialized Terms and Phrases) is hereby amended to
read as follows:
Accessory Dwelling Unit (Land Use). See, Dwelling unit, accessory (Land Use)
Section 8: The definition of "Dwelling unit, senior accessory (land use)" in NBMC
Section 21.70.020 (Definitions of Specialized Terms and Phrases) is hereby amended to
read as follows.-
Dwelling
ollows:
Dwelling unit, accessory (Land Use) means 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.
Section 9: Subpart 8 in NBMC Subsection 21.90.060(D) (Accessory Uses
Permitted) is hereby amended to read as follows:
8. Accessory dwelling unit in conformance with Section 21.48.200.
Section 10: The LCP, including LCP Amendment No. LC2017-003, shall be
carried out in full conformance with the California Coastal Act.
Section 11: The City Council of the City of Newport Beach, California, hereby
amends NBMC Title 21 to adopt LCP Amendment No. LC2017-003 with Coastal
Commission's suggested modifications.
Ordinance No. 2019-1
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Section 12: The City Council hereby authorizes City staff to submit this ordinance
for determination by the Executive Director of the Coastal Commission that this action is
legally adequate to satisfy the specific requirements of Coastal Commission's October
12, 2018 action on LCP Amendment Request No. 4-17 Part B (LCP-5-NPB-17-0053-1).
Section 13: This ordinance shall not become effective for thirty (30) days and until
the Executive Director of the Coastal Commission certifies that this ordinance complies
with the Coastal Commission's October 12, 2018 action on LCP Amendment Request No.
4-17 Part B (LCP-5-NPB-17-0084-1).
Section 14: The recitals provided above are true and correct and are incorporated
into the operative part of this ordinance.
Section 15: 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 16: The City Council finds the introduction and adoption of this ordinance
is not subject to 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 an accessory dwelling unit
is not a "project" for CEQA purposes, and environmental review is not required prior to
approving individual applications.
Section 17: Except as specifically modified in this ordinance, all other sentences,
paragraphs, subsections, sections, chapters, and titles of the NBMC shall remain
unchanged and in effect.
Section 18: 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. 2019-1
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Section 19: This ordinance was introduced at a regular meeting of the City Council
of the City of Newport Beach, California, held on the 22nd day of January, 2019, and adopted
on the 12th day of February, 2019, by the following vote to -wit:
AYES: Mayor Dixon, Council Member O'Neill Council Member Brenner Council
Member Herdman, Council Member Muldoon
NAYS:
RECUSED: Council Member Avery
ABSENT: Council Member Duffield
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
ttotl _"' b�� -
IANE B. DIXON, TIOR
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. 2019-1 was duly introduced on the 22nd day of January, 2019, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 121h day of February, 2019, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Council Member Joy Brenner, Council Member Jeff Herdman, Council Member
Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon
NAYS: None
RECUSED: Council Member Brad Avery
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 131h day of February, 2019.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
am �
Leilani I. Brown, MMC I
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2019-1 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: January 26, 2019
Adopted Ordinance: February 16, 2019
In witness whereof, I have hereunto subscribed my name this VA day of
2019.
'� ' /
,11 (iiliril 1111 111
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California