HomeMy WebLinkAboutPC2020-007 - RECOMMENDING CITY COUNCIL AUTHORIZE STAFF TO SUBMIT LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-008 TO THE CALIFORNIA COASTAL COMMISSION IMPLEMENTING NEW STATE LAW REQUIREMENRESOLUTION NO. PC2020-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
AUTHORIZE STAFF TO SUBMIT LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2019-008 TO THE CALIFORNIA COASTAL
COMMISSION IMPLEMENTING NEW STATE LAW
REQUIREMENTS RELATING TO ACCESSORY DWELLING
UNITS (PA2019-248)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. In 2019, the California Legislature adopted, and the Governor signed, SB 13 (Chapter
653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter
659, Statutes of 2019) into law that, among other things, amended Government Code
Section 65852.2 and 65852.22 to impose new limits on the City to regulate Accessory
Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU).
2. Government Code Sections 65852.2 and 65852.22 authorize cities to act by ordinance
to provide for the creation and regulation of ADUs and JADUs.
3. The ADU and JADU regulations took effect January 1, 2020, and since the City of
Newport Beach's (City) existing ADU ordinance does not comply with the Government
Code Sections 65852.2 and 65852.22, the City's ordinance has been deemed null and
void effective that date.
4. The City desires to amend its local regulatory scheme for the construction of ADUs and
JADUs to comply with the amended provisions of Government Code sections 65852.2
and 65852.22 (LCP Amendment).
5. ADUs and JADUs 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 ADUs and JADUs benefit from
added income and increased sense of security.
6. Allowing ADUs and JADUs in conjunction with existing and proposed residential
development provides additional rental housing stock, some of which will satisfy the
City's 6th Cycle Regional Housing Needs Assessment (RNHA).
7. ADUs and JADUs offer lower cost housing to meet the needs of existing and future
residents within existing neighborhoods, while respecting architectural character.
8. Pursuant to Section 13515 of the California Code of Regulations, review of the draft LCP
Amendment was made available and a Notice of the Availability was distributed a
minimum of six (6) weeks prior to the anticipated final action date.
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9. A public hearing was held on February 20, 2020, 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 California Government Code Section 54950 et
seq. and Chapters 20.62 and 21.62 of the Newport Beach Municipal Code (NBMC).
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This LCP Amendment is exempt from environmental review under the California Environmental
Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Section
15282(h) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter
3, 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 3. FINDINGS.
1. Adopting an ordinance consistent with Government Code Sections 65852.2 and 65852.22
ensures that the character of the City is preserved to the maximum extent possible and that
the City's regulation regarding accessory dwelling units and junior accessory dwelling units
continues to promote the health, safety, and welfare of the community.
2. 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 and life safety personnel traveling through the City's narrow alleyways.
Also, prohibiting parking in front setbacks, unless located on a driveway a minimum 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.
3. The City of Newport Beach is a coastal community with numerous coastal resources that
attract over seven million (7,000,000) annual visitors. This includes public beaches, Newport
Harbor, Balboa Peninsula, Balboa Island, and Newport Bay. The number of annual visitors,
coupled with historic development patterns of the City, has created a significant impact on the
limited parking supply. The loss of off-street parking on residential lots would exacerbate the
continual public parking problems in the Coastal Zone, as it shifts residential parking from on-
site to on-street. Government Code Section 65852.2(a)(1 )(D)(xi) notes that off-street parking
shall not be required to be replaced when a garage, carport, or other covered parking is
converted to an ADU or JADU. Notwithstanding this, Government Code Section 65852.2(1)
notes, "Nothing in this section shall be construed to supersede or in any way alter or lessen
the effect or application of the California Coastal Act of 1976 ... "
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The elimination of off-street parking in residential properties within the Coastal Zone would
create a significant impact to public parking and limit visitor access to coastal resources . In
order to preserve the limited parking supply and ensure this amendment is consistent with the
Coastal Act , replacement parking for conversion of garages, carports, and other covered
parking is needed.
4. The LCP Amendment shall not become effective until approval 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 .
5. The LCP, including the LCP Amendment , will be carried out fully in conformity with the
California Coastal Act.
6 . The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution .
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends the City Council
authorize staff to submit Local Coastal Program Amendment No . LC2019-008, as set forth in
Exhibit "A," which is attached hereto and incorporated herein by reference , to the California
Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF FEBRUARY 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
Ellmore, Klaustermeier, Koetting, Rosene and Weigand
Lowrey
Kleiman
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EXHIBIT "A"
LOCAL COASTAL PLAN AMENDMENT NO. LC2019-008
Section 1: Table 21.18-1 in Newport Beach Municipal Code (NBMC) Section
21.18.020(C) (Allowed Uses) is amended, in part to the Accessory Dwelling Units" row as
follows:
I Land Use
i
I
· See Part 7 of this Implementation
I
;
Plan for land use definitions. R-8I
I
See Chapter 21.12 for unlisted
I
R-1 R-2 RM Specific Use
I
uses. I R-A R-1-6,000 R-2-6,000 RM-6,000 Reaulations
Residential Uses
I
Ip I Accessory Dwelling Units and p p p Section
Junior Accessory Units i 21.48.200
i
I
Section 2: Tables 21.22-1 and 21.22-2 in NBMC Section 21.22.020 (Mixed-Use Coastal
Zoning Districts Land Uses and Permit Requirements) are amended to add the following
uses:
TABLE 21.22-1
Mixed-Use Zoning Districts
A Allowed ALLOWED USES -Not Allowed *
Land Use MU-
See Part 7 of this Implementation Plan for land use MU-V MU-MM Specific Use
CV/15th
definitions. (6) (4) Regulations
See Chapter 21.12 for unlisted uses. St. (5)(6)
Residential Uses
Accessory Dwelling Units and Junior Accessory Units A A A Section
21.48.200
TABLE 21.22-2
ALLOWED USES
Land Use
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Mixed-Use Coastal Zoning Districts
A Allowed
-Not Allowed*
See Part 7 of this Implementation Plan for land use
definitions. MU-W1 MU-W2 Specific Use
See Chapter 21.12 for unlisted uses. (3) (5) Regulations
Residential Uses
Accessory Dwelling Units and Junior Accessory Units A A Section 21.48.200
Section 3: NBMC Section 21.48.200 (Accessory Dwelling Units) is amended in its entirety
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 and junior accessory dwelling units, as defined in Part 7 of this
title (Definitions) and in California Government Code Sections 65852.2 and 65852.22, or
any successor statute, in areas designated for 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. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that
conforms to the requirements in this section shall not be:
1. Deemed to be inconsistent with the Coastal Land Use Plan and coastal zoning
district designation for the lot on which the accessory dwelling unit or junior accessory
dwelling units is located;
2. Deemed to exceed the allowable density for the lot on which the accessory
dwelling unit or junior accessory dwelling unit is located;
3. Considered in the application of any ordinance, policy, or program to limit
residential growth; or
4. Required to correct a legally established nonconforming zoning condition. This
does not prevent the City from enforcing compliance with applicable building standards
in accordance with California Health and Safety Code Section 17980.12.
C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall
be approved in any residential or mixed-use zoning district, subject to a Zoning Clearance
and the following conditions:
1. There is an existing or proposed dwelling unit on the lot;
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2. The dwelling conforms to the development standards and requirements for
accessory dwelling units and/or junior accessory dwelling units as provided in this
section; and
3. The zoning clearance letter shall be considered and approved ministerially,
without discretionary review or a hearing, within 60-days from the date that the City
receives a completed application, unless either:
a. The applicant requests a delay, in which case the 60 day time period is tolled
for the period of the requested delay, or
b. In the case of an accessory dwelling unit and/or junior accessory dwelling unit is
submitted with a permit application to create a new single-unit dwelling on the lot,
the City may delay acting on the accessory dwelling unit and/or junior accessory
dwelling until the City renders a decision on the new single-family dwelling
application.
4. The applicant shall obtain a Coastal Development Permit, pursuant to Chapter
21.52, unless otherwise exempt or excluded from the Coastal Development Permit
process.
D. 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.
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 appealed
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.
E. Accessory Dwelling Units Allowed. The following is the maximum number of accessory
dwelling units and/or junior accessory dwelling units allowed on any residential lot. Unless
specified below, only one (1) category may be used per lot.
1. Converted -Single-Unit Dwelling: Only one (1) accessory dwelling unit or one
(1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing
single-unit dwelling on it, subject to the following:
a. The accessory dwelling unit or junior accessory dwelling unit is proposed:
i. Within the space of a proposed single-unit dwelling; or
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ii. Within the existing space of an existing single-unit dwelling; or
iii. Within the existing space of an existing accessory structure, plus an
addition beyond the physical dimensions of up to 150 square feet if the
expansion is limited to accommodating ingress and egress.
b. The accessory dwelling unit or junior accessory dwelling unit will have
independent exterior from the single-unit dwelling.
c. Has side and rear setbacks sufficient for fire and safety, as required by Title 9
(Fire Code) and Title 15 (Buildings and Construction) of this Code.
2. Detached/Attached -Single-Unit Dwelling: One (1) detached, new-
construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single-unit dwelling. A detached, new-construction accessory dwelling unit
may also be permitted in addition to any junior accessory dwelling unit that might
otherwise be established on the lot under subsection (0)(1).
3. Converted -Multi-Unit Dwelling: Multiple accessory dwelling units may be
permitted on lots with existing multi-unit dwellings, subject to the following:
a. The number of accessory dwelling units that may be allowed shall not exceed
twenty five (25) percent of the existing multi-unit dwellings on the lot. For the
purpose of calculating the number of allowable accessory dwelling units, the
following shall apply:
i. Previously approved accessory dwelling units shall not count towards the
existing multi-unit dwellings;
ii. Fractions shall be rounded down to the next lower number of dwelling
units, except that at least that one accessory dwelling unit shall be allowed; and
iii. For the purposes of this section, multi-unit developments approved and
built as a single complex shall be considered one lot, regardless of the number
of parcels
b. The portion of the existing multi-unit dwelling that is to be converted is not used
as livable space, including but not limited to storage rooms, boiler rooms,
passageways, attics, basements, or garages.
4. Detached -Multi-Unit Lot: Up to two (2) detached, new-construction
accessory dwelling units may be permitted on a lot that has an existing multi-unit
dwelling. For the purposes of this section, multi-unit developments approved and built
as a single complex shall be considered one lot, regardless of the number of parcels.
F. Development Standards. Except as modified by this subsection, an accessory dwelling
unit and/or junior accessory dwelling unit shall conform to all requirements of the
underlying residential zoning district, any applicable overlay district, and all other
applicable provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal
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Program Implementation Plan) of this Code, including but not limited to height, setback,
site coverage, floor area limit, and residential development standards and design criteria.
1. Minimum Lot Area. There shall be no minimum lot area required in order to
establish an accessory dwelling unit and/or junior accessory dwelling unit.
2. Setback Requirements. Accessory dwelling units and junior accessory dwelling
units shall comply with the setback requirements applicable to the zoning district,
except as noted below:
a. For conversion of existing enclosed floor area, garage, or carport, no additional
setback is required, beyond the existing provided setback.
b. For replacement of an existing enclosed structure, garage, or carport, no
existing setback is required, beyond the existing provided setback. This provision
shall only apply to accessory dwelling units and junior accessory dwelling units that
are replacing existing structures within the same footprint that does not exceed the
existing structure's size and/or height.
c. Newly constructed detached accessory dwelling units may provide a minimum
setback of four (4) feet from all side and rear property lines.
3. Building Height. Detached accessory dwelling units shall not exceed one (1)
story and a height of sixteen (16) feet,. EXCEPTION: An accessory dwelling unit
constructed above a detached garage shall not exceed two (2) stories and the
maximum allowable height set forth in the underlying zoning district, provided that both
of the following criteria are met:
a. The accessory dwelling unit meets the minimum setbacks, as required by
underlying zoning district; and
b. The primary dwelling unit complies with parking standards set forth in NBMC
Section 20.40.040.
4. Unit Size.
a. The maximum size of a detached or attached accessory dwelling unit is 850
square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with
two (2) bedrooms. No more than two (2) bedrooms are allowed.
b. An attached accessory dwelling unit that is created on a lot with an existing
single-unit dwelling is further limited to 50 percent of the floor area of the existing
dwelling.
c. Application of Sections 20.48.200(E)(4)(a) and 20.48.200(E)(4)(b) shall not
apply to accessory dwelling units that are converted as part of a proposed or
existing space of a principal residence or existing accessory structure.
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d. Application of Section 21.48.200(E)(4)(b) or other development standards,
such as floor area limit or site coverage, might further limit the size of the
accessory dwelling unit, but in no case shall the floor area limit, open space, or site
coverage requirement reduce the accessory dwelling unit to less than 800 square
feet.
e. The maximum size of a junior accessory dwelling unit is 500 square feet.
f. The minimum size of an accessory dwelling unit or junior accessory dwelling
unit shall be at least that of an efficiency unit.
5. Design. An accessory dwelling unit and/or junior accessory dwelling unit shall
be similar to the principal dwelling with respect to architectural style, roof pitch, color,
and materials.
6. Fire Sprinklers. Accessory dwelling units and/or junior accessory dwelling unit
shall not be required to provide fire sprinklers if they are not required for the principal
residence.
7. Passageway. No passageway shall be required in conjunction with the
construction of an accessory dwelling unit and/or junior 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.
8. Parking. Parking shall comply with requirements of Chapter 21 .40 (Off-Street
Parking), except as modified below:
a. No additional parking shall be required for junior accessory dwelling units.
b. A maximum of one (1) parking space shall be required for each accessory
dwelling unit.
c. When additional parking is required, the 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 or within the front setback,
unless the driveway in the front setback has a minimum depth of twenty (20) feet.
d. No parking shall be required for:
i. Accessory dwelling units converted as part of a proposed or existing
space of principal residence or existing accessory structure;
ii. Accessory dwelling units located within one-half mile walking distance of
a public transit. For the purposes of this section "public transit" shall include a
bus stop where the public may access buses that charge set fares, run on fixed
routes, and are available to the public;
iii. Accessory dwelling units located within an architecturally and historically
significant historic district;
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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.
e. If an accessory dwelling unit replaces an existing garage, replacement spaces
shall 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.
G. Utility Connection.
1. Connection Required. All accessory dwelling units and junior accessory
dwelling units must be connected to public utilities (or their equivalent), including
water, electric, and sewer services.
2. Fees. Except as provided in subsection (G)(3) below, the City may require the
installation of a new or separate utility connection between the accessory dwelling unit,
junior accessory dwelling unit and the utility. The connection fee or capacity charge
shall be proportionate to the burden of the proposed accessory dwelling unit based on
either its square feet or number of drainage fixture unit values.
3. Conversion. No separate connection between the accessory dwelling unit and
the utility shall be required for units created within a single-unit dwelling, unless the
accessory dwelling unit being constructed in connection with a new single-unit
dwelling.
4. Septic Systems. If the primary dwelling unit is currently connected to an on-site
wastewater treatment system and is unable to connect to a sewer system, the
accessory dwelling unit or junior accessory dwelling may connect to the onsite waste
water-treatment system. However, the owner must include with the application a
percolation test completed within the last five years or, if the percolation test has been
recertified, within the last ten (10) years.
H. Additional Requirements for All Accessory Dwelling Units and Junior Accessory
Dwelling Units.
1. No Separate Conveyance. An accessory dwelling unit or junior accessory
dwelling unit may be rented, but no accessory dwelling unit or junior accessory
dwelling unit may be sold or otherwise conveyed separately from the lot and the
primary dwelling (in the case of a single unit dwelling) or from the lot and all of the
dwellings (in the case of a multi-unit dwelling).
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2. Short-Term Lodging. The accessory dwelling unit and/or junior accessory
dwelling unit shall not be rented for periods of thirty (30) days or less.
3. Owner-Occupancy.
a. Accessory dwelling unit. A natural person with legal or equitable title to the lot
must reside in either the principal dwelling unit or the accessory dwelling unit as the
person's legal domicile and permanent residence. However, this owner-occupancy
requirement shall not apply to any accessory dwelling unit that is permitted in
accordance with this section between January 1, 2020 and January 1, 2025.
b. Junior accessory dwelling unit. A natural person with legal or equitable title to
the lot must reside in either the principal dwelling unit or the junior accessory
dwelling unit as the person's legal domicile and permanent residence. However,
this owner-occupancy requirement shall not apply to any junior accessory dwelling
unit owned by a governmental agency, land trust, or housing organization.
I. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or
grading permit for an accessory dwelling unit and/or junior 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, prohibition on the
separate conveyance, the approved size and attributes of the unit, and restrictions on
short-term rentals. This deed restriction shall remain in effect so long as the accessory
dwelling unit and/or junior accessory dwelling unit exists on the lot.
J. Fees.
1. Impact Fees.
a. No impact fee as required by this Code is required for an accessory dwelling
unit and or junior accessory dwelling unit that is less than 750 square feet in size.
b. Any impact fee that is required for an accessory dwelling unit that is 750 square
feet or larger shall be assessed proportionately in relation to the square footage of
the primary dwelling unit. (e.g., the floor area of the accessory dwelling unit, divided
by the floor area of the primary dwelling, times the typical fee amount charged for a
new dwelling.)
c. For the purposes of this section, "Impact fee" does not include any connection
fee, capacity charge for water or sewer service, planning application fee, plan
check fee, or building permit fee.
2. Utility Fees. Owner shall pay all required utility connection fees, unless a new
utility connection is not provided between the accessory dwelling unit or junior
accessory dwelling unit permitted and the utility.
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K. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units
proposed on residential or mixed-use properties that are determined to be historic shall be
approved ministerially, in conformance with California Government Code Sections
65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling
unit that is listed on the California Register of Historic Resources shall meet all Secretary
of the Interior Standards, as applicable.
Section 4: The following definitions listed in the alphabetical list of definitions contained in
NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases) are amended to
read as follows:
"Accessory Dwelling Unit (Land Use)." See "Dwelling unit, accessory (land use)."
"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 residential
use. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety
Code, or any successor statute.
2. A manufactured home, as defined in Section 18007 of the California Health and
Safety Code, or any successor statute.
Section 5: The following definitions shall be added to the alphabetical list of definitions
contained in NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases) and
shall read as follows:
"Dwelling unit, junior accessory (land use)" means a dwelling unit accessory to and entirely
contained within, an existing or proposed single-unit dwelling, and that:
1. Is no more than 500 square feet in size;
2. Includes its own separate sanitation facilities or shares sanitation facilities with the
existing or proposed single-unit dwelling; and
3. Includes an efficiency kitchen.
"Junior Accessory Dwelling Unit (Land Use)". See "Dwelling unit, junior accessory (land use)".