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HomeMy WebLinkAboutPA2018-099_20190214-ED Determination RequestCommunity Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA ELECTRONIC MAIL AND USPS DELIVERY February 14, 2019 Liliana Roman California Coastal Commission South Coast District Office 200 Oceangate, 10th Floor Long Beach, CA 90802-4416 Subject: City of Newport Beach LCP Amendment Request No. 4-17 Part B – Accessory Dwelling Units (LCP-5-NPB-17-0084-1) Dear Liliana, On February 12, 2019, the City Council of the City of Newport Beach adopted Ordinance No. 2019-1, which approved LCP Amendment Request No. 4-17 Part B (LCP-5-NPB-17- 0084-1) with the Coastal Commission’s suggested modifications. We request that a 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-5-NPB-17-0084-1. Sincerely, Attachment: Ordinance No. 2019-1 cc: Karl Schwing, Deputy Director (Email only) ORDINANCE 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; Ordinance No. 2019-1 Page 2 of 12 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; Ordinance No. 2019-1 Page 3 of 12 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. Ordinance No. 2019-1 Page 4 of 12 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: Ordinance No. 2019-1 Page 5 of 12 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. Ordinance No. 2019-1 Page 6 of 12 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; Ordinance No. 2019-1 Page 7 of 12 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: Ordinance No. 2019-1 Page 8 of 12 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. Ordinance No. 2019-1 Page 9 of 12 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. Ordinance No. 2019-1 Page 10 of 12 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 Page 11 of 12 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 Page 12 of 12 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 Duffield, Council Member Herdman Council Member Muldoon NAYS.- RECUSED: AYS: RECUSED: Council Member Avery ABSENT: ATTEST: Ell / F0 , APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. 4ARP, CITY ATTORNEY 4 A - DIAN B. DIXON, MAYOR 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 12th day of February, 2019, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Brad Avery, 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 13th day of February, 2019. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } ah J Leilani I. Brown, MVIC 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: 2019. Introduced Ordinance: January 26, 2019 Adopted Ordinance: February 16, 2019 In witness whereof, I have hereunto subscribed my name this day of , Leilani I. Brown, MMC City Clerk City of Newport Beach, California