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Home My WebLink About6.0_Code Update Related to Accessory Dwelling Units_Staff Presentation_PA2021-113Accessory Dwelling Units Potential Code and LCP Amendments Planning Commission Study Session July 7, 2022 Jaime Murillo, Principal Planner jmurillo@newportbeachca.gov (949) 644-3209 Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) September 9, 2021Study Session Outcome 2Community Development Department •Council Policy K-4 •Direction to revise ADU code (more permissive) •Housing Element Update •Anticipates 240+ ADUs •Staff shared multiple ideas •Developed Ad-Hoc Committee to discuss and analyze in more detail •Commissioners Kleiman, Lowrey, & Weigand Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Planning Commission Ad-Hoc Committee 3Community Development Department •Five Meetings •Don’t add bulk •Incentivize carefully •Will not solve RHNA •Can’t go back (SB330) •Meeting with Architects/Builder •Greatest incentive = Floor Area •Consider Building Code Incentives •Meeting with Community-March 23, 2022 Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Summary of Community Meeting Comments 4Community Development Department •Size/Floor Area •Increase allowable size of ADUs •Supported basement ADU access •Exempt ADUs (or a portion) from floor area limits •Parking: Allow replacement parallel parking in alleys •Streamlining: Expedite processing in coastal zone •Occupancy restrictions: Permanently remove owner occupancy restrictions Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Idea 1: Daylighting Basements 5Community Development Department •Doesn’t add visual bulk or mass •Value outweighs construction costs •Creates a big incentive to include ADU as part of new construction Should we allow exterior access to subterranean basements to accommodate an ADU? Design & Public: Support Ad-Hoc Recommendation: Pursue Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Idea 2: Eliminate 50% Size Limit for Attached ADUs 6Community Development Department •Simplifies Code and eliminates constraint •Helps ADUs attached to smaller units •1 bedroom: 850 sf / 2+bedroom: 1000 sf Should we remove 50% size limit for attached ADUs? (e.g., 1,400 sf home gets a 700 sf attached ADU) Design & Public: Support Ad-Hoc Recommendation: Pursue Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Idea 3: More Flexibility for Detached ADUs Above Detached Garages 7Community Development Department Provides an incentive to construct some garage parking, even if not fully compliant to parking Popular ADU configuration, supported by design community Ad-Hoc cautioned against encouraging mass and privacy issues between neighbors Allow increased height (above 16’ limit for detached ADUs) if located above any garage? 16’29’ Design & Public: Support Ad-Hoc Recommendation: Do not pursue Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Idea 4: Extra Floor Area Allowances 8Community Development Department •State Law prevents FAL, coverage limits, and open space requirements when existing development prevents an 800 sf ADU no more than 16 feet high. •Strongly supported by design community and speakers at community meeting –Extra SF is greatest incentive that can be provided •Ad-Hoc cautioned against adding mass and bulk Should we provide additional floor area for new developments that include ADUs? (e.g., 800 sf, 400 sf, other?) Design & Public: Support Ad-Hoc Recommendation: Do not pursue Primary Dwelling Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Idea 5: ADU Size Based on Geography 9Community Development Department General Consensus-Reject •Can’t restrict unit sizes any smaller, but can increase. •Complicates an already complicated ADU Code •1,000 SF is more than adequate for an accessory unit Allow larger size ADUs in areas with larger lot sizes (i.e. SAH, Newport Heights, etc.) ? •(Base Size Limit) •850sf one bedroom •1,000sf two+ bedrooms; or •(Optional Limit) •20% of lot area (whichever is greater, up to a maximum 2,000 sf) Examples (1 bedroom) 3,540 sf lot (CDM)= 850 sf ADU 5,737 sf lot (Heights)= 1,147 sf ADU 10,000 sf lot (Dover) = 2,000 sf ADUDesign & Public: Not Supportive Ad-Hoc Recommendation: Do not pursue Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Idea 6: Waive Replacement Parking Requirements in Coastal Zone 10Community Development Department General Concerns -Reject Code currently prohibits garage conversions in coastal zone without replacement parking to protect public parking and public access Easy opportunity to create 3rd unit for rental housing investors in beach communities May further constrain on-street parking that competes with public access demands Eliminate replacement parking for garage conversions in the Coastal Zone? Design & Public: Not Supportive Ad-Hoc Recommendation: Do not pursue Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) ADU Bills in the Pipeline 11Community Development Department Number Summary SB 897 Major overhaul: Increase heights from 16’ to 25’, fire sprinkler waiver, further parking reductions for multi-unit structures processed with ADUs, waives parking with new SFR/MFR construction, significant amnesty for unpermitted units. AB 916 Increase heights for detached ADUs within multi-unit developments from 16 feet to 18 feet. This accommodates 2-story ADU development. AB 2221 Clarifies permitting requirements and allows attached/detached ADUs constructed in front setbacks in certain circumstances. Major revisions to City’s ADU Code requirements will be required Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Current Incentives 12Community Development Department •Waiver of Separate Sewer and Water Connections •Typically separate utilities and meters required adding significant costs to a project •Temporary Waiver of Plan Check, Permit, and Other City Fees (until end of 2022)-consider extending •Applies to Detached, Attached, Conversion, or Legalization of Unpermitted ADUs •Not applicable to ADU as part of New Home Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Future Incentives 13www.newportbeachca.gov/ADU •Public Outreach and Website Materials •Pre-Approved ADU Plans •Studio, Studio/One-Bedroom, and Garage Conversion Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Next Steps •Monitor ADU legislation •August 31st deadline to pass bills •September 30th deadline (Governor to sign or veto) •Prepare amendments incorporating: •Ad-Hoc Committee recommendations•Revisions to comply with State law changes•Additional Planning Commission recommendations, if any •Future Public Hearings (Fall) •Planning Commission•City Council •California Coastal Commission 14Community Development Department Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113) Current Status of ADUs in Newport Beach 15 ADU Status Total Finaled (constructed) 21 Permitted (under construction) 66 Applied (permits pending) 15 Total 102 www.newportbeachca.gov/adu Planning Commission - July 7, 2022 Item No. 6a - Additional Materials Presented at the Meeting by Staff Code Update Related to Accessory Dwelling Units (PA2021-113)