HomeMy WebLinkAbout6.0_Accessory Dwelling Unit Ordinance 2023 Update_PA2021-113CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
January 5, 2023
Agenda Item No. 6
SUBJECT: Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
▪Code Amendment No. CA2021-005
▪Local Coastal Program Amendment No. LC2021-003
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Jaime Murillo, AICP, Principal Planner
949-644-3209, jmurillo@newportbeachca.gov
PROJECT SUMMARY
Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code revising regulations pertaining
to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). The
update will conform with revisions to Government Code Sections 65852.2 and 65852.22
that will go into effect on January 1, 2023. The amendments also include revisions
recommended by the Planning Commission Ad-Hoc Committee to incentivize ADU
production consistent with Housing Element policy.
RECOMMENDATION
1)Conduct a public hearing;
2)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;
3)Adopt Resolution No. PC2023-004 (Attachment No. PC 1) recommending the City
Council approve Zoning Code Amendment No. CA2021-005 modifying regulations
pertaining to accessory dwelling units; and
4)Adopt Resolution No. PC2023-005 (Attachment No. PC 2) recommending the
City Council authorize staff to submit Local Coastal Program Amendment No.
LC2021-003 to the California Coastal Commission.
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DISCUSSION
Background
State Law Update
In 2022, the State adopted another group of housing bills aimed at addressing the housing
crisis. The Legislature approved, and the Governor signed, SB 897 (Chapter 6664,
Statutes of 2021) and AB 2221 (Chapter 650, Statutes of 2021) into law that amended
Government Code Sections 65852.2 and 65852.22 to impose new limits on the City’s
ability to regulate ADUs and JADUs. These changes are discussed in more detail in Table
1 of this report. In adopting these new regulations, the State Legislature determined that
these changes are a matter of statewide concern, rather than a municipal affair and
mandates that charter cities, such as Newport Beach, implement the new ADU laws. The
State Legislature intends to further reduce regulatory barriers and costs, streamline the
approval, and expand the potential capacity for ADUs in response to California's housing
shortage.
City Efforts to Incentive ADU Production
On March 9, 2021, the City Council adopted Resolution No. 2021-18 to add City Council
Policy K-4, Reducing the Barriers of the Creation of Housing. Council Policy K-4
encourages the development of ADUs as an important strategy to accommodate future
growth and is an integral strategy to help meet the City’s Regional Housing Needs
Allocation (RHNA) allocation. ADUs allow for a dispersion of density citywide and avoid
the need for excessive rezoning and high infrastructure costs associated with new,
higher-density developments. Since ADUs tend to be relatively small with modest
amenities, they provide more affordable housing options for select groups, such as
students, seniors, caretakers and people with disabilities.
On May 25, 2021, the City Council adopted Resolution 2021-43, initiating the subject
Code Amendment and LCP Amendment directing staff to modify regulations relating to
the development ADUs.
On September 9, 2021, the Planning Commission formed an Ad-Hoc Committee to
evaluate potential code amendments related to encouraging new accessory dwelling unit
(ADU) development within the City. The Ad-Hoc Committee met a total of five times and
developed recommendations that were shared with the Planning Commission at a study
session on July 7, 2022; however, due to new ADU legislation that was pending, the
Planning Commission directed staff to delay the amendments, monitor the pending
legislation, and incorporate any necessary code revisions needed to comply with new
legislation.
On September 13, 2022, the City Council adopted the 6th Cycle Housing Element Update
for the 2021-2029 planning period. Housing Element Policy Actions 1H (Accessory
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Dwelling Unit Construction) and 1I (Accessory Dwelling Unit Monitoring Program)
establish a target of permitting at least 30 ADUs annually, for a total of at least 240 ADUs
constructed by the end of the planning period and require the City to analyze methods to
aggressively support and accommodate ADU construction within 12 months of Housing
Element adoption and establish a program within 24 months of adoption. This amendment
would help serve to implement these two policy actions.
Comparison of Existing and Proposed Regulations
ADUs and JADUs are both independent living units with an exterior entrance into the unit;
however, JADUs are limited to no more than 500 square feet. Additionally, JADUs are
permitted an efficiency size kitchen with only a hot plate, can have an internal access to
the primary dwelling unit, and can share sanitary facilities (bathrooms) with the primary
unit. Conversely, ADUs can be up to 1,000 square feet and are fully self-contained
(including full kitchen and sanitation facilities), and they may not include internal access
to the primary dwelling unit.
Figure 1- Different ADU/JADU Types
Due to the complexity of State ADU and JADU law and the different standards that apply
depending on the proposed type (i.e., internal, conversion, attached, or detached), the
City’s local regulations are also complex. To help better explain and communicate the
different standards that apply depending on ADU or JADU type, staff has developed two
development matrixes that helps illustrate the differences. Attachment No. PC 3 includes
a matrix of development standards under current standards and Attachment No PC 4
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includes a matrix of developments standards under the proposed amendments. A
redline/strikeout version of the both the Title 20 and Title 21 amendments is included as
Attachment No. PC 5.
Summary of Major Revisions Due to State Law Changes
Table 1 – Major Changes in ADU/JADU Unit Development Standards
Standard Proposed Code Change
Nonconforming
Conditions
Clarification that the City can’t require the correction of
nonconforming conditions, building code violations, or
unpermitted structures that do not pose a threat to public health
and safety and that are not affected by the construction of an ADU
or JADU. However, this does not preclude the City from requiring
correction as a separate action.
Objective
Standards
Prohibits the application of subjective development standards.
Therefore, the City’s existing requirement that an ADU/JADU be
designed similar to the principal unit with respect to architectural
style, roof pitch, color, and materials cannot be enforced and as
such, it is proposed to be deleted. This provision would also pose
a potential barrier for a property owner choosing to utilize the
City’s forthcoming pre-approved ADU plans and that does not
match the architectural style of every principal unit.
Fire Sprinklers Clarifies that ADU/JADU cannot trigger a requirement for fire
sprinklers to be installed in the existing single-unit or multi-unit
dwelling, even when it results in a building code change in
occupancy.
800 sf ADU
Exemption
Adds front setbacks to the list of standards that the City is
precluded from applying when the application of development
standards in combination with existing development precludes the
development of an 800 sf ADU. Specifically, in the case where the
floor area, lot coverage, or front setbacks of existing development
doesn’t allow the development of an 800 sf ADU and no other
compliant alternatives exist, then the ADU may exceed the floor
area or lot coverage limits, and/or encroach into the front setback
to the minimum extent necessary to accommodate the 800 sf
ADU provided it meets all other applicable standards.
Height Limits State law increases the allowed height for detached ADUs from
16 feet to 18 feet when: 1) located within ½ mile walking distance
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to a major transit stop of high-quality transit corridor (Attachment
No. PC 6). An additional 2-foot height increase permitted when
needed to accommodate a roof pitch that aligns with roof pitch of
principal unit); or 2) when located on a lot with a multi-story, multi-
unit dwelling.
To reduce variability within an already complex code and changes
in transit, staff is recommending changing the height limit for
detach ADUs to the following simple standard: 18 feet for flat roofs
and 20 feet for sloping roofs (min. 3:12 pitch). This will capture the
mandatory changes in State law and result in a simpler code for
staff and property owners and the development community to
understand and implement. The minor increase in building bulk
isn’t significant in staff’s opinion.
Parking
Exception
The law adds to the list of circumstances when parking is waived.
When an ADU is created as part of a new single-unit dwelling or
multi-unit dwelling, no additional parking is required for the ADU
itself. Effectively, one parking space can only be required for
attached or detached ADUs constructed in conjunction with
existing development and when not located within ½ mile walking
distance to a bus stop. However, due to public access concerns
and the impacts to the availability of public on-street parking in the
coastal zone, staff is recommending that this new parking waiver
not be applicable in the coastal zone (Attachment No. PC 7).
California Coastal Commission staff has been consulted and is
supportive of this limitation.
Increases
number of
detached ADUs
allowed with
Multi-Unit
Dwellings
Allows up to two detached ADUs constructed in conjunction with
an existing or new multi-unit dwelling. Previously only one
detached ADU was allowed when construction in conjunction with
a new multi-unit dwelling.
Owner
Occupancy
State law now restricts the City from imposing an owner-
occupancy requirement for ADUs constructed with multi-unit
dwellings. The City remains able to impose owner-occupancy for
JADUs and ADUs constructed with single-unit dwellings;
however, the owner-occupancy requirement for ADUs remains
suspended until January 2025.
The owner-occupancy requirement is typically resisted by
property owners and developers. The restriction clouds title and
reduces flexibility in use and sales. To eliminate these barriers
and to simplify implementation, staff is recommending eliminating
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the owner-occupancy requirement for ADUs constructed with
single-unit dwellings. Owner-occupancy requirements for JADUs
are recommended to remain.
Process State law restricts the ability of the City to require a zoning
clearance to review and process ADUs and JADUs. Code
revisions will clarify ADUs and JADUs shall processed
ministerially through a building permit. Projects within the coastal
zone will remain subject to the processing of a coastal
development permit if it is required.
Summary of Recommended Changes by Planning Commission Ad-Hoc Committee
The Ad-Hoc Committee studied several options to incentivize ADU production; however,
ultimately decided to proceed carefully and only recommend changes that did not result
in added building bulk. It was recognized that while ADUs help address the City’s RHNA
production goals, ADUs alone won’t solve the housing need. It would also be difficult to
undo code revisions that later resulted in unintended consequences due to recent
changes in State law (Housing Crisis Act of 2019) that temporarily prohibits the adoption
of code amendments that limit or restrict development standards. Therefore, despite
recommendations from the development community during community outreach
meetings requesting increased floor area above maximum floor are limits in exchange for
incorporating ADUs as part of new single-unit and multi-unit developments, the Ad-Hoc
Committee only recommends excluding ADUs from the floor area limits when
incorporated into subterranean basements with limited daylighting access.
Table 2 – Ad-Hoc Committee Recommended Changes
Standard Proposed Code Change
Walkout
Basement Floor
Area Limit
Exception
The City’s current definition of gross floor area excludes
subterranean basements from the floor area calculations because
they are not visible but includes daylight basements due to
visibility. In order to use subterranean basements for ADU
purposes and still provide exterior access, some limited excavation
and daylighting of the basement is needed. Therefore, a floor area
exception is recommended for ADUs and JADUs predominately
designed as a subterranean with certain criteria that allows
excavation of a side yard (60 feet max), not visible from a public
right-of-way, and that provides safe emergency access
passageway (8-foot vertical clearance and 3-foot-wide). All other
daylighting basements will remain included in floor area
calculations. See Figures 2 and 3 below.
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Attached ADU
Size Limit
Simplification
Current regulations limit the size of attached and detached ADUs
to 850 square feet for studios and 1 bedroom units and 1000
square feet for 2+ bedroom units. However, attached ADUs are
subject to an additional size limit equal to more than 50 percent of
the principal dwelling. For example, a 1,400 sf principal dwelling x
50% = 700 sf attached ADU. This 50% sf limitation is rarely
triggered due to the small size of principal unit needed to have
impact and it only serves to further complicate the regulations.
Therefore, it was recommended the 50% limitation be eliminated.
Figure 2- Proposed Daylight Basement Exception for ADUs/JADUs
Figure 3- Typical Daylight Basement – No Exclusion Proposed
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State Department of Housing and Community Development (HCD) Review
Per State law, the City is required to submit the ordinance to the State Department of
Housing and Community Development (HCD) within 60 days of adoption. Should the City
Council approve the proposed ordinance to amend Title 20, staff will forward the
ordinance to HCD for review. If HCD finds the ordinance does not comply with the new
ADU laws, HCD will notify the City. Should this occur, the City would have 30 days to
either amend the ordinance or adopt additional findings that explain the reason the
ordinance complies with the statute. Since the amendment to Title 21 requires Coastal
Commission approval, the ordinance amending Title 21 will also be submitted to HCD
after the Coastal Commission process is complete. Staff will coordinate with both State
agencies with the goal to ensure that Coastal Commission modifications, if any, will be
found acceptable to HCD and the City.
Local Coastal Plan
Similar to the Title 20, Title 21 currently regulates ADUs inconsistent with State law.
Therefore, subsequent to City Council adoption of this Zoning Code Amendment, staff
will submit corresponding amendments (Attachment No. PC 2) to the Local Coastal
Program (LCP) for review and approval of the California Coastal Commission.
Alternatives
The Planning Commission may recommend revisions to the draft ordinance provided the
revisions are consistent with State law and are not more restrictive than the State’s
allowance.
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.
Public Notice
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP Amendment was made available, and a Notice of Availability was distributed on
November 16, 2022, to all persons and agencies on the Notice of Availability mailing list.
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In addition, notice of this amendment was published in the Daily Pilot as an eighth-page
advertisement, consistent with the provisions of the Municipal Code and State law. The
item also appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
Prepared by: Submitted by:
ATTACHMENTS
PC 1 Draft resolution recommending approval of Zoning Code Amendment No.
CA2021-005
PC 2 Draft resolution recommending approval of submission of Local Coastal Program
Amendment No. LC2021-003
PC 3 Matrix of Current ADU/JADU Development Standards
PC 4 Matrix of Proposed ADU/JADU Development Standards
PC 5 Redline/Strikeouts Version of Title 20 and Title 21 Amendments
PC 6 Map of Major Transit Stops and High-Quality Transit Corridors
PC 7 Map of Coastal Zone
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Attachment No. PC 1
Draft resolution recommending approval
of Zoning Code Amendment No. CA2021-
005
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RESOLUTION NO. PC2023-004
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY
COUNCIL ADOPTION OF CODE AMENDMENT NO. CA2021-005
AMENDING SECTION 20.48.200 (ACCESSORY DWELLING
UNITS) OF THE NEWPORT BEACH MUNICIPAL CODE TO
IMPLEMENT COUNCIL POLICY K-4 (REDUCING THE BARRIERS
OF THE CREATION OF HOUSING) AND NEW STATE LAW
REQUIREMENTS RELATING TO ACCESSORY DWELLING
UNITS (PA2021-113)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On March 9, 2021, the City Council adopted Resolution No. 2021-18 to add City Council
Policy K-4 (Reducing the Barriers of the Creation of Housing). Council Policy K-4
encourages the development of accessory dwelling units (“ADU”) as an important
strategy to accommodate future growth and is an integral strategy to help meet the City’s
Regional Housing Needs Allocation (RHNA).
2. On May 25, 2021, the City Council adopted Resolution 2021-43, initiating a code
amendment to Title 20 (Planning and Zoning) to modify regulations relating to the
development of ADU and junior accessory dwelling units (“JADU”).
3. On September 9, 2021, the Planning Commission formed an Ad-Hoc Committee to
evaluate potential code amendments related to encouraging new ADU development
within the City. The Ad-Hoc Committee met a total of five times and developed
recommendations that were shared with the Planning Commission at a study session
on July 7, 2022; however, due to new ADU legislation that was pending, the Planning
Commission directed staff to delay the amendments, monitor the pending legislation,
and incorporate any necessary code revisions needed to comply with new legislation.
4. In 2022, the California Legislature adopted, and the Governor signed, SB 897 and AB
2221 into law that, among other things, amended Government Code Section 65852.2
and 65852.22 to impose new limits on the City to regulate ADU and JADU. The new
regulations took effect on January 1, 2023.
5. 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.
6. 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 (“Code Amendment No. CA2021-005”).
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7. A public hearing was held on January 5, 2023, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the
public hearing was given in accordance with the California Government Code Section
54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the 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.
1. Code Amendment No. CA2021-005 is statutorily and categorically 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 is 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.
2. The exceptions to the categorical exemption under Section 15300.2 are not applicable. The
Code Amendment No. CA2021-005 does not impact an environmental resource of
hazardous or critical concern, does not result in cumulative impacts, does not have a
significant effect on the environment due to unusual circumstances, does not damage
scenic resources within a state scenic highway, is not a hazardous waste site, and is not
identified as a historical resource.
SECTION 3. FINDINGS.
1. Code Amendment No. CA2021-005 is consistent with and implements California Government
Code Sections 65852.2 and 65852.22.
2. 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 ADUs and JADUs continue to promote the health, safety,
and welfare of the community.
3. As permitted by California Government Code Section 65852.2, the City finds that
maintaining the prohibition of 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.
4. The City is a coastal community with numerous coastal resources that attract over seven
million annual visitors. This includes public beaches, Newport Harbor, Balboa Peninsula,
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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(l) 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…”
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 Code Amendment No. CA2021-005
is consistent with the Coastal Act, Code Amendment No. CA2021-005 maintains and clarifies
that the requirement for replacement parking is needed when existing parking is displaced by
an ADU or JADU. The Code Amendment also requires parking to provide for an ADU
constructed in conjunction with a new single-unit or multi-unit development when not located
within ½ mile walking distance to a bus stop.
5. Code Amendment No. CA2021-005 would serve to implement Housing Element Policy
Action 1H (Accessory Dwelling Unit Construction) of the 2021-2029 Housing Element.
Policy Action 1 requires the City to analyze methods to aggressively support and
accommodate ADU construction within 12 months of Housing Element adoption and
establish a program within 24 months of adoption.
6. Local Coastal Program Amendment No. LC2021-003 is also underway to bring the City’s ADU
regulations into compliance with State Law in the coastal zone.
7. 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:
1. The Planning Commission of the City of Newport Beach hereby finds Code Amendment
No. CA2021-005 is statutorily and categorically 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 is 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.
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2. The exceptions to the categorical exemption under Section 15300.2 are not applicable. The
Code Amendment does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
3. The Planning Commission hereby recommends to the City Council review Code Amendment
No. CA2021-005 as set forth in Exhibit “A,” which is attached hereto and incorporated herein
by reference.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF JANUARY 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
, Chair
BY:_________________________
_____, Secretary
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EXHIBIT “A”
ZONING CODE AMENDMENT NO. CA2021-005
Section 20.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code 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 and junior accessory dwelling units, as defined in Part 7 (Definitions)
of this title 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 General Plan and zoning district designation for
the lot on which the accessory dwelling unit or junior accessory dwelling unit 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 legally established nonconforming zoning condition(s), building
code violation(s), and/or unpermitted structure(s) that do/does not present a threat to
public health and safety and is/are not affected by the construction of the accessory
dwelling unit or junior accessory dwelling unit. 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 issuance of a building
permit and the following conditions:
1. There is an existing or proposed dwelling unit on the lot;
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 building permit shall be considered and approved ministerially, without
discretionary review or a hearing, within sixty (60) days from the date that the City
determines an application to be complete, unless either:
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a. The applicant requests a delay, in which case the sixty (60) day time period is
tolled for the period of the requested delay, or
b. In the case of an application for an accessory dwelling unit and/or junior
accessory dwelling unit submitted with an 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 application until the City renders a decision on the new
single-unit dwelling application.
D. Maximum Number of Accessory Dwelling Units Allowed. The following is the maximum
number of accessory dwelling units allowed on any residential lot. For purposes of this
section, multi-unit dwelling means a structure or development containing two (2) or more
dwelling units. Only one (1) of the categories described below in this subsection may be used
per lot.
1. Internal to a Single-Unit or Multi-Unit Dwelling Category. Only one (1) accessory
dwelling unit may be permitted on a lot with a proposed or existing single-unit or multi-unit
dwelling, subject to the following:
a. The accessory dwelling unit is proposed:
i. Within the space of a proposed single-unit or multi-unit dwelling;
ii. Within the existing space of an existing single-unit or multi-unit dwelling; or
iii. Within the existing space of an existing accessory structure, plus an addition
beyond the physical dimensions of the existing structure of up to one hundred fifty
(150) square feet if the expansion is limited to accommodating ingress and egress.
b. The accessory dwelling unit shall have independent exterior access from the
single-unit dwelling.
c. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings
and Construction).
2. Attached on Lot with Single-Unit or Multi-Unit Dwelling Category. One (1) attached,
new-construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single-unit or multi-unit dwelling.
3. Detached on Lot with Single-Unit or Multi-Unit Dwelling Category. One (1) detached
new-construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single-unit dwelling. Up to two (2) detached new-construction accessory dwelling
units may be constructed on a lot that has an existing or proposed multi-unit dwelling. For
purposes of this section, multi-unit developments approved and built as a single complex
shall be considered one (1) lot, regardless of the number of parcels.
4. Conversion of Multi-Unit Dwelling Category. Multiple accessory dwelling units may be
permitted on lots with existing multi-unit dwellings subject to the following:
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a. The number of accessory dwelling units 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
number of existing multi-unit dwellings;
ii. Fractions shall be rounded down to the next lower number of dwelling units,
except that at least 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 (1) lot, regardless of the number of
parcels.
b. The portion of the existing multi-unit dwelling that is to be converted to an
accessory dwelling unit is not used as livable space, including but not limited to
storage rooms, boiler rooms, passageways, attics, basements, or garages.
E. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) junior accessory
dwelling unit may be permitted on a lot with a proposed or existing single-unit dwelling,
subject to the following:
1. The junior accessory dwelling unit is proposed to be attached to, or within the space
of, a proposed or existing single-unit dwelling.
2. The junior accessory dwelling unit shall have independent exterior access from the
single-unit dwelling and may provide interior access to the single-unit dwelling.
3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and
Construction).
4. The junior accessory dwelling unit may be constructed in addition to an accessory
dwelling unit established on the lot with a proposed or existing single-unit dwelling. A
junior accessory dwelling unit is not permitted on a lot with a proposed or existing multi-
unit dwelling.
F. Development Standards. Except as modified by this subsection, an accessory dwelling
unit and/or junior accessory dwelling unit shall conform to all objective standards of the
underlying residential zoning district, any applicable overlay district, and all other applicable
provisions of Title 20 (Planning and Zoning), 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.
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b. For replacement of an existing enclosed structure, garage, or carport, no existing
setback is required, beyond the existing setback provided. This provision shall only
apply to accessory dwelling units and junior accessory dwelling units that are
replacing existing structures within the same footprint and do not exceed the existing
structure’s size and/or height. For an accessory dwelling unit that will replace a
detached garage, the building and demolition permits shall be reviewed and issued
concurrently.
c. Attached and detached accessory dwelling units may provide a minimum setback
of four (4) feet from all side property lines and rear property lines not abutting an alley.
3. Building Height. Detached accessory dwelling units shall not exceed a height of
eighteen (18) feet for structures with flat roofs and twenty (20) feet for structures with
sloped roofs (minimum 3/12 pitch). Notwithstanding the foregoing, an accessory dwelling
unit constructed above a detached garage shall not exceed two (2) stories and the
maximum allowable height of the underlying zoning district, provided all the following
criteria are met:
a. The accessory dwelling unit meets the minimum setbacks, as required by
underlying zoning district; and
b. The principal dwelling unit complies with parking standards set forth in Section
20.40.040.
4. Unit Size.
a. The maximum size of a detached or attached accessory dwelling unit is eight
hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand
(1,000) square feet for a two (2) or more bedroom unit.
b. Application of size limitations set forth in subsections (F)(4)(a) of this section,
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.
c. Application of development standards, such as floor area limit or site coverage,
may further limit the size of the accessory dwelling unit, but in no case shall the front
setbacks, floor area limit, open space, or site coverage requirement reduce the
accessory dwelling unit to less than eight hundred (800) square feet where there is no
other alternative to comply and only to the extent necessary.
d. The maximum size of a junior accessory dwelling unit shall be five hundred (500)
square feet.
e. The minimum size of an accessory dwelling unit or junior accessory dwelling unit
shall be at least that of an efficiency unit.
5. Walkout Basement Floor Area Limit Exception. The gross floor area of an accessory
dwelling unit or junior accessory dwelling shall be excluded from the allowable floor
area limit when located below grade within a basement. Daylighting of the basement
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shall only be permitted where excavation is necessary to provide exterior access to the
main surface level and in compliance with the following:
a. The access passageway, inclusive of any necessary shoring, may encroach
into a side setback area;
b. The passageway shall be free of obstructions from the ground level to a height
of eight (8) feet; and
c. The access passageway shall measure a minimum of thirty-six (36) inches in
width, measure a maximum of sixty (60) feet in length, and shall not be located
within a yard fronting a public right-of-way.
Figure 3-7
Walkout Basement Floor Area Limit Exception
6. Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall
not require fire sprinklers so long as fire sprinklers are not required for the principal
residence, nor shall the construction of an accessory dwelling unit and/or junior accessory
dwelling unit trigger a requirement for fire sprinklers to be installed in the existing single-
unit or multi-unit dwelling.
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 20.40 (Off-Street
Parking) except as modified below:
a. No additional parking shall be required for junior accessory dwelling units.
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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 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 additional parking shall be required for:
i. Accessory dwelling unit internal to a proposed principal residence or converted
from existing space of a 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;
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 remain in effect at a fixed location for at
least ten (10) years and available to the public.
vi. Outside the coastal zone, accessory dwelling units constructed in conjunction
with a new single-unit or multi-unit dwelling on the same lot.
e. No Replacement Parking Necessary. Outside the coastal zone, when a garage,
carport, or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit at the same location or converted to an
accessory dwelling unit, those off-street parking spaces are not required to be
replaced. Accessory dwelling units shall not displace required uncovered parking
spaces. Refer to Section 21.48.200(F)(8)(e)* for replacement parking in the coastal
zone.
G. Utility Connection.
1. Connection Required. All accessory dwelling units and junior accessory dwelling
units shall connect to public utilities (or their equivalent), including water, electric, and
sewer services.
2. Except as provided in subsection (G)(3) of this section, the City may require the
installation of a new or separate utility connections between the accessory dwelling unit,
junior accessory dwelling unit and the utilities.
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3. Conversion. No separate connection between the accessory dwelling unit and the
utility shall be required for units created within a single-unit or multi-unit dwelling(s),
unless the accessory dwelling unit is being constructed in connection with a new single-
unit dwelling.
4. Septic Systems. If the principal dwelling unit is currently connected to an on-site
wastewater treatment system and is unable to connect to a sewer system, accessory
dwelling units and junior accessory dwelling units may connect to the on-site wastewater
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 principal 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).
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 for Junior Accessory Dwelling Units. A natural person with legal or
equitable title to the lot must reside in either the principal single-unit 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. 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.
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INTENTIONALLY BLANK PAGE24
Attachment No. PC 2
Draft resolution recommending approval of
submission of Local Coastal Program
Amendment No. LC2021-003
25
INTENTIONALLY BLANK PAGE26
RESOLUTION NO. PC2023-005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY
COUNCIL AUTHORIZE SUBMITTAL OF LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2021-003 AMENDING
SECTION 21.48.200 (ACCESSORY DWELLING UNITS) OF THE
NEWPORT BEACH MUNICIPAL CODE TO THE CALIFORNIA
COASTAL COMMISSION TO IMPLEMENT COUNCIL POLICY K-
4 (REDUCING THE BARRIERS TO THE CREATION OF
HOUSING) AND 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. Section 30500 of the California 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.
2. In 2005, the City of Newport Beach (“City”) adopted the City of Newport Beach Local
Coastal Program Coastal Land Use Plan as amended from time to time.
3. The California Coastal Commission effectively certified the City’s Local Coastal Program
Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal
Program Implementation Plan) (“Title 21”) to the City of Newport Beach Municipal Code
(“NBMC”) whereby the City assumed coastal development permit-issuing authority on
January 30, 2017.
4. On March 9, 2021, the City Council adopted Resolution No. 2021-18 to add City Council
Policy K-4 (Reducing the Barriers of the Creation of Housing). Council Policy K-4
encourages the development of accessory dwelling units (“ADU”) as an important
strategy to accommodate future growth and is an integral strategy to help meet the City’s
Regional Housing Needs Allocation (“RHNA”) allocation.
5. On May 25, 2021, the City Council adopted Resolution 2021-43, initiating a code
amendment to Title 21 (Local Coastal Program Implementation Plan) to modify
regulations relating to the development of ADUs and junior accessory dwelling units
(“JADU”).
6. On September 9, 2021, the Planning Commission formed an Ad-Hoc Committee to
evaluate potential code amendments related to encouraging new ADU development
within the City. The Ad-Hoc Committee met a total of five times and developed
recommendations that were shared with the Planning Commission at a study session
on July 7, 2022; however, due to new ADU legislation that was pending, the Planning
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Planning Commission Resolution No. PC2023-005
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Commission directed staff to delay the amendments, monitor the pending legislation,
and incorporate any necessary code revisions needed to comply with new legislation.
7. In 2022, the California Legislature adopted, and the Governor signed, SB 897 and AB
2221 into law which, among other things, amended Government Code Section 65852.2
and 65852.22 to impose new limits on the City to regulate ADUs and JADUs. The new
regulations took effect on January 1, 2023.
8. 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.
9. 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 No. LC2021-003”).
10. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures)
of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article
5 (Public Participation) (“Section 13515”), drafts of LCP Amendment No. LC2021-003
were made available and a Notice of Availability was distributed at least six weeks prior
to the anticipated final action date.
11. A public hearing was held on January 5, 2023, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the
public hearing was given in accordance with the California Government Code Section
54950 et seq. (“Ralph M. Brown Act”), Chapter 21.62 (Public Hearings) of the NBMC,
and Section 13515. 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.
1. LCP Amendment No. LC2021-003 is statutorily and categorically 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 is exempt from the requirements of CEQA.
Similarly, the ministerial approval of ADUs is not a project for CEQA purposes, and
environmental review is not required prior to approving individual applications.
2. The exceptions to the categorical exemption under Section 15300.2 are not applicable. LCP
Amendment No. LC2021-003 does not impact an environmental resource of hazardous or
critical concern, does not result in cumulative impacts, does not have a significant effect on
the environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
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SECTION 3. FINDINGS.
1. LCP Amendment No. LC2021-003 is consistent with and implements California Government
Code Sections 65852.2 and 65852.22.
2. 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 ADUs and JADUs continue to promote the health, safety,
and welfare of the community.
3. As permitted by California Government Code Section 65852.2, the City finds that
maintaining the prohibition of 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.
4. The City is a coastal community with numerous coastal resources that attract over seven
million 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(l) 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…”
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, this amendment maintains and clarifies that the requirement for replacement
parking is needed when existing parking is displaced by a ADU or JADU. The amendment
also requires parking to provide for an ADU constructed in conjunction with a new single-unit
or multi-unit development when not located within ½ mile walking distance to a bus stop.
5. LCP Amendment No. LC2021-003 would serve to implement Housing Element Policy
Action 1H (Accessory Dwelling Unit Construction) of the 2021-2029 Housing Element.
Policy Action 1 requires the City to analyze methods to aggressively support and
accommodate ADU construction within 12 months of Housing Element adoption and
establish a program within 24 months of adoption.
6. LCP Amendment No. LC2021-003 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.
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7. The LCP, including LCP Amendment No. LC2021-003, will be carried out fully in conformity
with the California Coastal Act.
8. 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:
1. The Planning Commission of the City of Newport Beach hereby finds Local Coastal
Program Amendment No. LC2021-003 is statutorily and categorically 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 is 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.
2. The exceptions to the categorical exemption under Section 15300.2 are not applicable.
Local Coastal Program Amendment No. LC2021-003 does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does not
have a significant effect on the environment due to unusual circumstances, does not
damage scenic resources within a state scenic highway, is not a hazardous waste site, and
is not identified as a historical resource.
3. The Planning Commission of the City of Newport Beach hereby recommends the City Council
authorize staff to submit Local Coastal Program Amendment No. LC2021-003, 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 5TH DAY OF JANUARY 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
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BY:_________________________
, Chair
BY:_________________________
_____, Secretary
Attachment(s): Exhibit A – Local Coastal Program Amendment No. LC2021-003
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EXHIBIT “A”
LOCAL COASTAL PLAN AMENDMENT NO. LC2021-003
Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code 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 (Definitions)
of this title 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 unit 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(s), building
code violation(s), and/or unpermitted structure(s) that do/does not present a threat to
public health and safety and is/are not affected by the construction of the accessory
dwelling unit or junior accessory dwelling unit. 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 issuance of a building
permit and the following conditions:
1. There is an existing or proposed dwelling unit on the lot;
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;
3. The dwelling conforms to the coastal resource protection development regulations of
Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay
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District), Section 21.30.100 (Scenic and Visual Quality Protection), or Chapter 21.30B
(Habitat Protection); and
4. The building permit shall be considered and approved ministerially, without
discretionary review or a hearing, within sixty (60) days from the date that the City
determines an application to be complete, unless either:
a. The applicant requests a delay, in which case the sixty (60) day time period is
tolled for the period of the requested delay, or
b. In the case of an application for an accessory dwelling unit and/or junior
accessory dwelling unit submitted with an 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 application until the City renders a decision on the new
single-unit dwelling application.
D. Coastal Development Permits.
1. Application. The applicant shall obtain a coastal development permit, pursuant to
Chapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or
excluded from the coastal development permit process pursuant to Section 21.52.035
(Projects Exempt from Coastal Development Permit Requirements) or Section 21.52.045
(Categorical Exclusions).
2. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development
Review Procedures) 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 (Public Hearings) 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. Written
comments received shall be reviewed by the review authority.
3. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64
(Appeals and Calls for Review), 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. Maximum Number of Accessory Dwelling Units Allowed. The following is the maximum
number of accessory dwelling units allowed on any residential lot. For purposes of this
section, “multi-unit dwelling” means a structure or development containing two (2) or more
dwelling units. Only one (1) of the categories described below in this subsection may be used
per lot.
1. Internal to a Single-Unit or Multi-Unit Dwelling Category. Only one (1) accessory
dwelling unit may be permitted on a lot with a proposed or existing single-unit or multi-unit
dwelling, subject to the following:
a. The accessory dwelling unit is proposed:
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i. Within the space of a proposed single-unit or multi-unit dwelling; or
ii. Within the existing space of an existing single-unit or multi-unit dwelling; or
iii. Within the existing space of an existing accessory structure, plus an addition
beyond the physical dimensions of the existing structure of up to one hundred fifty
(150) square feet if the expansion is limited to accommodating ingress and egress.
b. The accessory dwelling unit shall have independent exterior access from the
single-unit dwelling.
c. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings
and Construction).
2. Attached on Lot with Single-Unit or Multi-Unit Dwelling Category. One (1) attached,
new-construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single-unit or multi-unit dwelling.
3. Detached on Lot with Single-Unit or Multi-Unit Dwelling Category. One (1) detached
new-construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single-unit dwelling. Up to two (2) detached new-construction accessory dwelling
units may be constructed on a lot that has an existing or proposed multi-unit dwelling. For
purposes of this section, multi-unit developments approved and built as a single complex
shall be considered one (1) lot, regardless of the number of parcels.
4. Conversion of Multi-Unit Dwelling Category. 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 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
number of existing multi-unit dwellings;
ii. Fractions shall be rounded down to the next lower number of dwelling units,
except that at least 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 (1) lot, regardless of the number of
parcels.
b. The portion of the existing multi-unit dwelling that is to be converted to an
accessory dwelling unit is not used as livable space, including but not limited to
storage rooms, boiler rooms, passageways, attics, basements, or garages.
E. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) junior accessory
dwelling unit may be permitted on a lot with a proposed or existing single-unit dwelling,
subject to the following:
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1. The junior accessory dwelling unit is proposed to be attached to, or within the space
of, a proposed or existing single-unit dwelling.
2. The junior accessory dwelling unit shall have independent exterior access from the
single-unit dwelling and may provide interior access to the single-unit dwelling.
3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and
Construction).
4. The junior accessory dwelling unit may be constructed in addition to an accessory
dwelling unit established on the lot with a proposed or existing single-unit dwelling. A
junior accessory dwelling unit is not permitted on a lot with a proposed or existing multi-
unit dwelling.
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 Program Implementation Plan),
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, unless a greater setback is
needed to comply with subsection (C)(3) of this section.
b. For replacement of an existing enclosed structure, garage, or carport, no existing
setback is required, beyond the existing setback provided, unless a greater setback is
needed to comply with subsection (C)(3) of this section. This provision shall only
apply to accessory dwelling units and junior accessory dwelling units that are
replacing existing structures within the same footprint and do not exceed the existing
structure’s size and/or height. For an accessory dwelling unit that will replace a
detached garage, the building and demolition permits shall be reviewed and issued
concurrently.
c. Attached and detached accessory dwelling units may provide a minimum setback
of four (4) feet from all side property lines and rear property lines not abutting an alley.
3. Building Height. Detached accessory dwelling units shall not exceed a height of
eighteen (18) feet for structures with flat roofs and twenty (20) feet for structures with
sloped roofs (minimum 3/12 pitch). Notwithstanding the foregoing, an accessory dwelling
unit constructed above a detached garage shall not exceed two (2) stories and the
maximum allowable height of the underlying zoning district, provided all the following
criteria are met:
35
Planning Commission Resolution No. PC2023-005
Page 10 of 14
a. The accessory dwelling unit meets the minimum setbacks, as required by
underlying zoning district; and
b. The principal dwelling unit complies with parking standards set forth in Section
21.40.040.
4. Unit Size.
a. The maximum size of a detached or attached accessory dwelling unit is eight
hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand
(1,000) square feet for a two (2) or more bedroom unit.
b. Application of the size limitations set forth in subsections (F)(4)(a) of this section
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.
c. Application of development standards, such as floor area limit or site coverage,
may further limit the size of the accessory dwelling unit, but in no case shall the front
setbacks, floor area limit, open space, or site coverage requirement reduce the
accessory dwelling unit to less than eight hundred (800) square feet where there is no
other alternative to comply and only to the extent necessary.
d. The maximum size of a junior accessory dwelling unit shall be five hundred (500)
square feet.
e. The minimum size of an accessory dwelling unit or junior accessory dwelling unit
shall be at least that of an efficiency unit.
5. Walkout Basement Floor Area Limit Exception. The gross floor area of an accessory
dwelling unit or junior accessory dwelling shall be excluded from the allowable floor
area limit when located below grade within a basement. Daylighting of the basement
shall only be permitted where excavation is necessary to provide exterior access to the
main surface level and in compliance with the following:
a. The access passageway, inclusive of any necessary shoring, may encroach
into a side setback area;
b. The passageway shall be free of obstructions from the ground level to a height
of eight (8) feet;
c. The access passageway measure a minimum of thirty-six (36) inches in width,
measure a maximum of sixty (60) feet in length, and shall not be located within
a yard fronting a public right-of-way; and
36
Planning Commission Resolution No. PC2023-005
Page 11 of 14
Figure 3-7
Walkout Basement Floor Area Limit Exception
6. Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall
not require fire sprinklers so long as fire sprinklers are not required for the principal
residence, nor shall the construction of an accessory dwelling unit and/or junior accessory
dwelling unit trigger a requirement for fire sprinklers to be installed in the existing single-
unit or multi-unit dwelling.
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 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 internal to a proposed principal residence or
converted from existing space of principal residence or existing accessory
structure;
37
Planning Commission Resolution No. PC2023-005
Page 12 of 14
ii. Accessory dwelling units located within one-half mile walking distance of 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;
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 remain in effect at a fixed location for at
least ten (10) years and available to the public.
e. Replacement Parking Necessary. When a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an accessory
dwelling unit at the same location or converted to an accessory dwelling unit,
replacement parking shall be provided. Replacement parking 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. Accessory dwelling units shall not displace
required uncovered parking spaces.
9. Waterfront Development and Flood Hazard Areas.
a. The minimum top of slab elevation for new interior living areas, including areas
converted from nonliving areas, shall comply with the flood hazard and sea level rise
protection standards of Section 21.30.015(D).
b. Any development in shoreline hazardous areas shall comply with Section
21.30.015(E)(2).
G. Utility Connection.
1. Connection Required. All accessory dwelling units and junior accessory dwelling
units shall connect to public utilities (or their equivalent), including water, electric, and
sewer services.
2. Except as provided in subsection (G)(3) of this section, the City may require the
installation of a new or separate utility connection between the accessory dwelling unit,
junior accessory dwelling unit and the utilities.
3. Conversion. No separate connection between the accessory dwelling unit and the
utility shall be required for units created within a single-unit or multi-unit dwelling(s),
unless the accessory dwelling unit is being constructed in connection with a new single-
unit dwelling or multi-unit dwellings.
38
Planning Commission Resolution No. PC2023-005
Page 13 of 14
4. Septic Systems. If the principal dwelling unit is currently connected to an on-site
wastewater treatment system and is unable to connect to a sewer system, accessory
dwelling units and junior accessory dwelling units may connect to the on-site wastewater
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 principal 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).
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 for Junior Accessory Dwelling Units. A natural person with legal or
equitable title to the lot must reside in either the principal single-unit 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.
1. 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.
2. For properties in flood hazard areas, deed restriction shall also include notice to
future owners that the unit is located within an area that may be subject to flooding or
future flooding.
3. For properties located in low lying shoreline areas that may be subject to future sea
level rise, the property owner shall also record a waiver of future protection in compliance
with Section 21.30.015(E)(5).
J. 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
39
Planning Commission Resolution No. PC2023-005
Page 14 of 14
dwelling unit that is listed on the California Register of Historic Resources shall meet all
Secretary of the Interior standards, as applicable.
40
Attachment No. PC 3
Matrix of Current ADU/JADU Development
Standards
41
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ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
Revised 04/19/22
Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) are regulated by Newport Beach Municipal Code Sections 20.48.200 and 21.48.200. Ministerial review of all ADUs and JADUs will occur through a Zoning
Clearance within 60-days of receiving a complete application. A Coastal Development Permit may also be required for properties within the Coastal Zone. Please consult with a planner prior to submitting and ADU/JADU project
JADU ADU WITH SINGLE- OR MULTI-UNIT DEVELOPMENT ADU WITH MULTI-UNIT DEVELOPMENT
ADU Type
JADU
Conversion1 of an interior portion
of an existing single-unit dwelling;
or new construction within a
proposed single-unit dwelling
INTERNAL1,2
Conversion of an interior portion of an
existing single-unit or multi-unit dwelling,
or an existing detached accessory building;
or new construction within a proposed
single-unit or multi-unit (2+) development
ATTACHED1
Construction of a new
ADU attached to an
existing or proposed
single-unit or multi-unit
dwelling
DETACHED
Construction of a new
ADU as a detached
accessory building
CONVERSION
Conversion of an existing non-habitable (e.g.,
storage rooms, boiler rooms, passageways,
attics, basements, or garages) portion of a
multi-unit (2+) development
DETACHED
Construction of a new ADU
as a detached accessory
building
Zoning
Allowed on all residential and
mixed zoned properties that are
improved with a single-unit
dwelling
Allowed on all residential and mixed zoned properties that are improved with a single-unit
or multi-unit dwelling
Allowed on all residential and mixed zoned properties that are
improved with existing multi-unit dwellings
Number of Units One One
At least one and no more than 25% of the
existing unit count in the multi-unit
development
Two
Allowed with Other ADU3 May also provide single-unit
ADU May also provide JADU as part of a single-unit dwelling No
Minimum Lot Size None
Minimum Size Must meet minimum efficiency unit requirements of 220 square feet
Maximum Size
(Square Feet) 500 No limit
Studio/One-Bedroom = 850
Two Bedroom = 1,000
Can be no more than 50% of existing primary
dwelling (for attached only)
No limit
Studio and One-Bedroom
= 850
Two Bedroom = 1,000
Maximum Size Exception None None
Application of floor area limit or site coverage
shall not reduce an ADU below 800 square feet
and a height limit of 16 feet4
None
Application of floor area
limit or site coverage
shall not reduce ADU
below 800 square feet
and a height limit of 16
feet4
Maximum Height
Per base zone Per base zone Per base zone
16 feet (Exception: Base
zone for an ADU
constructed above a
garage that complies
with setbacks and
principal unit complies
with parking)
N/A
16 feet (Exception: Base
zone for an ADU
constructed above a
garage that complies
with setbacks and
principal unit complies
with parking)
43
ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
Revised 04/19/22
1 Internal is either: 1) conversion of existing floor area within the envelope of an existing single-unit dwelling (including garage); or 2) development of an ADU within the footprint of a proposed single-unit or multi-unit dwelling (excluding garage) that
complies with all applicable development standards. Construction of a new ADU that extends beyond the envelope of an existing single-unit or multi-unit dwelling or beyond the footprint of a proposed single-unit or multi-unit dwelling shall comply with the
standards applicable to Attached ADUs.
2 Conversions of existing accessory structures are permitted a 150 sq. ft. addition to accommodate ingress/egress. Conversions within principal structure not entitled to 150 sf addition.
3 Current adopted code is out of date. AB3182, effective January 1, 2021, allows an ADU and a JADU on the same lot with a proposed or existing single-family dwelling, regardless if the ADU is detached, attached, or internal. This change will be incorporated
into future Title 20 and Title 21 amendments.
4 An ADU constructed concurrently with a new development shall comply with the total maximum allowed floor area or lot coverage limits applicable to the property. In the case where the floor area or lot coverage of existing development doesn’t allow the
development of an 800 sf ADU, then the ADU may exceed floor area or lot coverage limits to the minimum extent necessary to accommodate the 800 sf ADU provided it meets the 16-foot height limit and 4-foot setback requirements.
5 For conversion of existing enclosed floor area, garage, or carport, no additional setback required. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required beyond the existing setback. Additional setback maybe
required for coastal resource protection per IP.
6 An efficiency kitchen may include a basic plug-in cooking appliance such as hot plate or microwave. A sink, food preparation counter and storage cabinets of reasonable size required.
ADU Type JADU ADU WITH SINGLE- OR MULTI-UNIT DEVELOPMENT ADU WITH MULTI-UNIT DEVELOPMENT
JADU INTERNAL ATTACHED DETACHED CONVERSION DETACHED
Front Setback 5
Per base zone
Side Setback 5
Per base zone Per base zone 4 feet or base zone, whichever is less
Per Base Zone 4 feet or base zone,
whichever is less
Rear Setback 5
Per base zone Per base zone
4 feet (not abutting alley) or base zone,
whichever is less
Per Base Zone
4 feet (not abutting alley)
or base zone, whichever
is less
Access Exterior entrance required in all cases. JADUs may provide internal connection.
Bathroom May share with primary
dwelling unit Bathroom is required
Kitchen Efficiency6 Full kitchen, including fixed cooking appliance with outside exhaust.
Parking None None One None One per unit
Parking Exception N/A
Parking waived for the ADU if the property is: 1) within ½ mile walking distance to transit (including ferry); 2) within an architecturally or historically significant
district; 3) on-street parking permits are required and not provided to the occupant of the ADU; or 4) within one block of a car-share vehicle pick-up/drop-off
location
Garage Conversion Allowed; Replacement parking
required citywide
Allowed; Replacement parking required
in the Coastal Zone N/A
Allowed;
Replacement parking required in the
Coastal Zone
N/A
Deed Restriction Prior to issuance of building permit, owner must record deed restriction (prepared by the City) noting the size of the unit, description of unit, prohibition on short term rentals,
prohibiting the sale of the ADU/JADU, and specifying owner-occupancy requirement. Additional restrictions required in the Coastal zone.
Owner-Occupancy Owner shall live in either unit Owner-occupancy is not required for units built between January 1, 2020 and January 1, 2025
Short-Term Lodging Short-term lodging is prohibited.
Utility Connection A separate utility connection is
not required The City may require a separate utility connection. (See Utilities Director 1/9/21 Memorandum for single water and sewer service allowances)
Fire Sprinklers Only required if fire sprinklers required and provided on primary unit. (See State Fire Marshall Informational Bulletin 21-005 for exceptions)
Separate Conveyance ADUs and JADUs may not be sold separately
Design Shall have a similar style to the principal dwelling, including architectural style, roof pitch, color, and materials
44
Attachment No. PC 4
Matrix of Proposed ADU/JADU
Development Standards
45
INTENTIONALLY BLANK PAGE46
ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
Draft Proposed Revisions 12/12/2022
Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) are regulated by Newport Beach Municipal Code Sections 20.48.200 and 21.48.200. Ministerial review of all ADUs and JADUs will occur through building permit
plan check. A Coastal Development Permit may also be required for properties within the Coastal Zone. An ADU/JADU unit must include basic elements of sleeping facilities, food preparation, sanitation, and separate exterior access.
Please consult with a planner prior to submitting and ADU/JADU project
JADU ADU WITH SINGLE- OR MULTI-UNIT DEVELOPMENT ADU WITH EXISTING MULTI-
UNIT DEVELOPMENT
ADU Type
JADU1
Conversion of an interior portion of
an existing single-unit dwelling; or
new construction within a proposed
single-unit dwelling; or attached to
an existing or proposed single-unit
dwelling
INTERNAL1,2
Conversion of an interior portion of an
existing single-unit or multi-unit dwelling,
or an existing detached accessory
building; or new construction within a
proposed single-unit or multi-unit (2+)
development
ATTACHED1
Construction of a new ADU attached to
an existing or proposed single-unit or
multi-unit dwelling
DETACHED
Construction of a new ADU as a detached
accessory building
CONVERSION
Conversion of an existing non-habitable (e.g.,
storage rooms, boiler rooms, passageways,
attics, basements, or garages) portion of a
multi-unit (2+) development
Zoning
Allowed on all residential and
mixed zoned properties that are
improved with a single-unit
dwelling
Allowed on all residential and mixed-use zoned properties that are improved with a single-unit or multi-unit dwelling
Allowed on all residential and mixed zoned
properties that are improved with existing
multi-unit dwellings
Number of Units One One
Single-unit Development: One
Multi-unit Development: Two
At least one and no more than 25% of the
existing unit count in the multi-unit
development
Allowed with Other ADU May also provide single-unit
ADU
May provide an ADU and a JADU on the same lot with a proposed or existing single-family dwelling, regardless if the
ADU is detached, attached, or internal. No
Minimum Lot Size None
Minimum Unit Size Shall comply with California Building Code Section 1208 (Interior Space Dimensions)
Maximum Unit Size
(Square Feet) 500 No limit
Studio/One-Bedroom = 850
Two Bedroom = 1,000
No limit
Maximum Height
Per base zone Per base zone Per base zone 18 feet flat roof
20 feet sloped roof (min 3/12 pitch)3 N/A
Front Setback 4
Per base zone
Side Setback 4
Per base zone Per base zone 4 feet or base zone, whichever is less
Per Base Zone
Rear Setback 4
Per base zone Per base zone 4 feet (not abutting alley) or base zone, whichever is less
Per Base Zone
800 sf ADU Exception for
Existing Development5 N/A Application of floor area limit, site coverage limit, or front setback shall not
reduce an ADU below 800 square feet (additions only) N/A
47
ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
Draft Proposed Revisions 12/12/2022
1 Internal is either: 1) conversion of existing floor area within the envelope of an existing single-unit dwelling (including garage); or 2) development of an ADU within the footprint of a proposed single-unit or multi-unit dwelling (excluding garage) that
complies with all applicable development standards. Construction of a new ADU that extends beyond the envelope of an existing single-unit or multi-unit dwelling or beyond the footprint of a proposed single-unit or multi-unit dwelling shall comply with the
standards applicable to Attached ADUs.
2 Conversions of existing accessory structures are permitted a 150 sq. ft. addition to accommodate ingress/egress. Conversions within principal structure not entitled to 150 sf addition.
3 Exception: Base zone height limit applies for an ADU constructed above a garage that complies with setbacks and principal unit complies with parking.
4 For conversion of existing enclosed floor area, garage, or carport, no additional setback required. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required beyond the existing setback. Additional setback maybe
required for coastal resource protection per IP.
5 An ADU constructed concurrently with a new development shall comply with the total maximum allowed floor area limits, lot coverage limits, and front setbacks applicable to the property. In the case where the floor area, lot coverage, or front setbacks of
existing development doesn’t allow the development of an 800 sf ADU and no other compliant alternatives exist, then the ADU may exceed the floor area or lot coverage limits, and/or encroach into the front setback to the minimum extent necessary to
accommodate the 800 sf ADU provided it meets all other applicable standards.
6 An efficiency kitchen may include a basic plug-in cooking appliance such as hot plate or microwave. A sink, food preparation counter and storage cabinets of reasonable size required.
ADU Type
JADU ADU WITH SINGLE- OR MULTI-UNIT DEVELOPMENT ADU WITH EXISTING MULTI-
UNIT DEVELOPMENT
JADU
INTERNAL1,2
ATTACHED1
DETACHED
CONVERSION
Walkout Basement FAL
Exception Floor area of ADU/JADU may be excluded from the allowable floor area limit when located below grade within a basement and specific criteria is met. See Section 20.48.200(F)(5) and 21.48.200(F)(5)
Access Exterior entrance required in all cases. JADUs may provide internal connection.
Bathroom May share with primary
dwelling unit Bathroom is required
Kitchen Efficiency6 Full kitchen, including fixed cooking appliance with outside exhaust.
Parking None None One per unit None
Parking Exception N/A
Parking waived for the ADU if the property is: 1) within ½ mile walking
distance to transit; 2) within an architecturally or historically significant
district; 3) on-street parking permits are required and not provided to the
occupant of the ADU; 4) within one block of a car-share vehicle pick-up/drop-
off location; or 5) when ADU is constructed in conjunction with a new single-
unit or multi-unit dwelling not located in the coastal zone.
N/A
Garage/Carport
Conversion
Allowed; Replacement parking
required citywide
Allowed; Replacement parking
required in the Coastal Zone N/A
Allowed;
Replacement parking required in the
Coastal Zone
Deed Restriction Prior to issuance of building permit, owner must record deed restriction (prepared by the City) noting the size of the unit, description of unit, prohibition on short term rentals,
prohibiting the sale of the ADU/JADU, and specifying owner-occupancy requirement for JADU. Additional restrictions required in the Coastal zone.
Owner-Occupancy Owner shall live in either unit N/A
Short-Term Lodging Short-term lodging is prohibited.
Utility Connection A separate utility connection is
not required The City may require a separate utility connection. (See Utilities Director 1/9/21 Memorandum for single water and sewer service allowances)
Fire Sprinklers Only required if fire sprinklers required and provided on primary unit. (See State Fire Marshall Informational Bulletin 21-005 for exceptions)
Separate Conveyance ADUs and JADUs may not be sold separately
48
Attachment No. PC 5
Redline/Strikeouts Version of Title 20 and
Title 21 Amendments
49
INTENTIONALLY BLANK PAGE50
Page 1/16
ADU Code and LCP Amendment Implementing 2023 State Law Changes and Planning
Commission Ad-Hoc Committee Recommendations
• State Law revisions required by AB 2221 (Quirk-Silva) and SB 897 (Wieckowski)and
effective January 1, 2023, are shown in red.
• Planning Commission Ad-Hoc Committee Recommendations shown in Green text.
• Staff recommended edits for clarity or simplicity shown in Purple text.
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 and junior accessory dwelling units, as defined in Part 7 (Definitions) of
this title 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 General Plan and zoning district designation for the
lot on which the accessory dwelling unit or junior accessory dwelling unit 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(s), building
code violation(s), and/or unpermitted structures that do not present a threat to public health
and safety and is/are not affected by the construction of the accessory dwelling unit or junior
accessory dwelling unit. 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 issuance of a building permit
a zoning clearance provided by the Director and the following conditions:
1. There is an existing or proposed dwelling unit on the lot;
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. Zoning clearance The building permit shall be considered and approved ministerially,
without discretionary review or a hearing, within sixty (60) days from the date that the City
determines an application to be complete, unless either:
a. The applicant requests a delay, in which case the sixty (60) day time period is tolled
for the period of the requested delay, or
51
Page 2/16
b. In the case of an application for an accessory dwelling unit and/or junior accessory
dwelling unit submitted with an 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 application until the City renders a decision on the new single-unit dwelling
application.
D. Maximum Number of 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. For the purposes of this section, multi-unit dwelling means a structure or
development containing two (2) or more dwelling units. Unless otherwise specified below, oOnly
one (1) of the categories described below in this subsection may be used per lot.
1. Internal to a Single-Unit or Multi-Unit Dwelling Category. Only one (1) accessory
dwelling unit or one junior accessory dwelling unit may be permitted on a lot with a
proposed or existing single-unit or multi-unit dwelling, subject to the following:
a. The accessory dwelling unit is proposed:
i. Within the space of a proposed single-unit or multi-unit dwelling;
ii. Within the existing space of an existing single-unit or multi-unit dwelling; or
iii. Within the existing space of an existing accessory structure, plus an addition
beyond the physical dimensions of the existing structure of up to one hundred fifty
(150) square feet if the expansion is limited to accommodating ingress and egress.
b. The junior accessory dwelling unit is proposed:
i. Within the space of a proposed single-unit dwelling; or
ii. Within the existing space of an existing single-unit dwelling.
cb. The accessory dwelling unit or junior accessory dwelling unit will shall have
independent exterior access from the single-unit dwelling.
dc. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and
Construction).
2. Detached/Attached on Lot with Single-Unit or Multi-Unit Dwelling Category. One
detached or one attached, new-construction accessory dwelling unit may be permitted on a
lot with a proposed or existing single-unit or multi-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
(D)(1)(b) of this section.
2. Attached on Lot with Single-Unit or Multi-Unit Dwelling Category. One (1) attached,
new-construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single-unit or multi-unit dwelling.
3. Detached on Lot with Single-Unit or Multi-Unit Dwelling Category. One (1) detached
new-construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single-unit dwelling. Up to two (2) detached new-construction accessory dwelling
units may be constructed on a lot that has an existing or proposed multi-unit dwelling. For
52
Page 3/16
purposes of this section, multi-unit developments approved and built as a single complex
shall be considered one (1) lot, regardless of the number of parcels.
3 4. Conversion of Multi-Unit Dwelling Category. 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 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 number
of existing multi-unit dwellings;
ii. Fractions shall be rounded down to the next lower number of dwelling units,
except that at least 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 (1) lot, regardless of the number of
parcels.
b. The portion of the existing multi-unit dwelling that is to be converted to an
accessory dwelling unit is not used as livable space, including but not limited to storage
rooms, boiler rooms, passageways, attics, basements, or garages.
4. Detached on Multi-Unit Lot Category. Up to two detached accessory dwelling units may
be constructed 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.
E. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) junior accessory
dwelling unit may be permitted on a lot with a proposed or existing single-unit dwelling, subject
to the following:
1. The junior accessory dwelling unit is proposed to be attached to, or within the space of, a
proposed or existing single-unit dwelling.
2. The junior accessory dwelling unit shall have independent exterior access from the
single-unit dwelling and may provide interior access to the single-unit dwelling.
3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and
Construction).
4. The junior accessory dwelling unit may be constructed in addition to an accessory
dwelling unit established on the lot with a proposed or existing single-unit dwelling. A junior
accessory dwelling unit is not permitted on a lot with a proposed or existing multi-unit
dwelling.
FE. Development Standards. Except as modified by this subsection, an accessory dwelling
unit and/or junior accessory dwelling unit shall conform to all objective standards requirements
of the underlying residential zoning district, any applicable overlay district, and all other
applicable provisions of Title 20 (Planning and Zoning), including but not limited to height,
setback, site coverage, floor area limit, and residential development standards and design
criteria.
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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 setback provided. This provision shall only
apply to accessory dwelling units and junior accessory dwelling units that are replacing
existing structures within the same footprint and do not exceed the existing structure’s
size and/or height. For an accessory dwelling unit that will replace a detached garage,
the building and demolition permits shall be reviewed and issued concurrently.
c. Attached and detached accessory dwelling units may provide a minimum setback
of four (4) feet from all side property lines and rear property lines not abutting an alley.
3. Building Height. Detached accessory dwelling units shall not exceed one story and a
height of sixteen (16) feet eighteen (18) feet for structures with flat roofs and twenty (20)
feet for structures with sloped roofs (minimum 3/12 pitch). Notwithstanding the foregoing, an
accessory dwelling unit constructed above a detached garage shall not exceed two (2)
stories and the maximum allowable height of the underlying zoning district, provided all the
following criteria are met:
a. The accessory dwelling unit meets the minimum setbacks, as required by
underlying zoning district; and
b. The principal dwelling unit complies with parking standards set forth in Section
20.40.040.
4. Unit Size.
a. The maximum size of a detached or attached accessory dwelling unit is eight
hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand
(1,000) square feet for a two (2) or more bedroom unit.
b. An attached accessory dwelling unit that is created on a lot with an existing single-
unit dwelling is further limited to fifty (50) percent of the floor area of the existing
dwelling.
bc. Application of size limitations set forth in subsections (FE)(4)(a) and (FE)(4)(b) of
this section, 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.
cd. Application of size limitations set forth in subsection (FE)(4)(b) of this section, or
other development standards, such as floor area limit or site coverage, may further limit
the size of the accessory dwelling unit, but in no case shall the front setbacks, floor area
limit, open space, or site coverage requirement reduce the accessory dwelling unit to
less than eight hundred (800) square feet where there is no other alternative to comply
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and only to the extent necessary and the ADU shall not exceed a height of 16 feet
measured from the finished grade as determined by the Director.
de. The maximum size of a junior accessory dwelling unit shall be five hundred (500)
square feet.
ef. 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.
5. Walkout Basement Floor Area Limit Exception. The gross floor area of an accessory
dwelling unit or junior accessory dwelling shall be excluded from the allowable floor area
limit when located below grade within a basement. Daylighting of the basement shall
only be permitted where excavation is necessary to provide exterior access to the main
surface level and in compliance with the following:
a. The access passageway, inclusive of any necessary shoring, may encroach into
a side setback area;
b. The passageway shall be free of obstructions from the ground level to a height of
eight (8) feet; and
c. The access passageway shall measure a minimum of thirty-six (36) inches in
width, measure a maximum of sixty (60) feet in length, and shall not be located
within a yard fronting a public right-of-way.
Figure 3-7
Walkout Basement Floor Area Limit Exception
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6. Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall
not require fire sprinklers so long as fire sprinklers are not required for the principal
residence; however, fire sprinklers are encouraged, nor shall the construction of an
accessory dwelling unit and/or junior accessory dwelling unit trigger a requirement for fire
sprinklers to be installed in the existing single-unit or multi-unit dwelling.
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 20.40 (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 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 additional parking shall be required for:
i. Accessory dwelling unit internal to a proposed principal residence or converted
from existing space of a 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;
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 remain in effect at a fixed location for at least ten
(10) years and available to the public.
vi. Outside the coastal zone, accessory dwelling units constructed in conjunction
with a new single-unit or multi-unit dwelling on the same lot.
e. No Replacement Parking Necessary. Outside the coastal zone, when a garage,
carport, or covered parking structure is demolished in conjunction with the construction
of an accessory dwelling unit at the same location or converted to an accessory
dwelling unit, those off-street parking spaces are not required to be replaced. Accessory
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dwelling units shall not displace required uncovered parking spaces. Refer to Section
21.48.200(F)(8)(e)* for replacement parking in the coastal zone.
GF. Utility Connection.
1. Connection Required. All accessory dwelling units and junior accessory dwelling units
shall connect to public utilities (or their equivalent), including water, electric, and sewer
services.
2. Except as provided in subsection (GF)(3) of this section, the City may require the
installation of a new or separate utility connections between the accessory dwelling unit,
junior accessory dwelling unit and the utilities.
3. Conversion. No separate connection between the accessory dwelling unit and the utility
shall be required for units created within a single-unit or multi-unit dwelling(s), unless the
accessory dwelling unit is being constructed in connection with a new single-unit dwelling.
4. Septic Systems. If the principal dwelling unit is currently connected to an on-site
wastewater treatment system and is unable to connect to a sewer system, accessory
dwelling units and junior accessory dwelling units may connect to the on-site wastewater
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.
HG. 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 principal 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).
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 for Junior Accessory Dwelling Units.
a. Accessory Dwelling Units. 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 Units. A natural person with legal or equitable title to the
lot must reside in either the principal single-unit 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.
IH. 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
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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.
JI. 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.
TITLE 21 REVISIONS
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 (Definitions) of
this title 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 unit
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(s), building
code violation(s), and/or unpermitted structures that do/does not present a threat to public
health and safety and is/are not affected by the construction of the accessory dwelling unit
or junior accessory dwelling unit. 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 issuance
of a building permit provided by the Director and the following conditions:
1. There is an existing or proposed dwelling unit on the lot;
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;
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3. The dwelling conforms to the coastal resource protection development regulations of
Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay
District), Section 21.30.100 (Scenic and Visual Quality Protection), or Chapter 21.30B
(Habitat Protection); and
4. Zoning clearance The building permit shall be considered and approved ministerially,
without discretionary review or a hearing, within sixty (60) days from the date that the City
determines an application to be complete, unless either:
a. The applicant requests a delay, in which case the sixty (60) day time period is tolled
for the period of the requested delay, or
b. In the case of an application for an accessory dwelling unit and/or junior accessory
dwelling unit submitted with an 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 application until the City renders a decision on the new single-unit dwelling
application.
D. Coastal Development Permits.
1. Application. The applicant shall obtain a coastal development permit, pursuant to
Chapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or
excluded from the coastal development permit process pursuant to Section 21.52.035
(Projects Exempt from Coastal Development Permit Requirements) or Section 21.52.045
(Categorical Exclusions).
2. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development
Review Procedures) 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 (Public Hearings) 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. Written comments received
shall be reviewed by the review authority.
3. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64
(Appeals and Calls for Review), 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. Maximum Number of 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. For the purposes of this section, “multi-unit dwelling” means a structure or
development containing two (2) or more dwelling units. Unless otherwise specified below, oOnly
one (1) of the categories described below in this subsection may be used per lot.
1. Internal to a Single-Unit or Multi-Unit Dwelling Category. Only one (1) accessory
dwelling unit or one junior accessory dwelling unit may be permitted on a lot with a
proposed or existing single-unit or multi-unit dwelling, subject to the following:
a. The accessory dwelling unit is proposed:
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i. Within the space of a proposed single-unit or multi-unit dwelling; or
ii. Within the existing space of an existing single-unit or multi-unit dwelling; or
iii. Within the existing space of an existing accessory structure, plus an addition
beyond the physical dimensions of the existing structure of up to one hundred fifty
(150) square feet if the expansion is limited to accommodating ingress and egress.
b. The junior accessory dwelling unit is proposed:
i. Within the space of a proposed single-unit dwelling; or
ii. Within the existing space of an existing single-unit dwelling.
cb. The accessory dwelling unit or junior accessory dwelling unit will shall have
independent exterior access from the single-unit dwelling.
dc. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and
Construction).
2. Detached/Attached on Lot with Single-Unit or Multi-Unit Dwelling Category. One
detached or one attached, new-construction accessory dwelling unit may be permitted on a
lot with a proposed or existing single-unit or multi-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
(E)(1)(b) of this section.
2. Attached on Lot with Single-Unit or Multi-Unit Dwelling Category. One (1) attached,
new-construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single-unit or multi-unit dwelling.
3. Detached on Lot with Single-Unit or Multi-Unit Dwelling Category. One (1) detached
new-construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single-unit dwelling. Up to two (2) detached new-construction accessory dwelling
units may be constructed on a lot that has an existing or proposed multi-unit dwelling. For
purposes of this section, multi-unit developments approved and built as a single complex
shall be considered one (1) lot, regardless of the number of parcels.
3 4. Conversion of Multi-Unit Dwelling Category. 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 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 number
of existing multi-unit dwellings;
ii. Fractions shall be rounded down to the next lower number of dwelling units,
except that at least 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 (1) lot, regardless of the number of
parcels.
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b. The portion of the existing multi-unit dwelling that is to be converted to an
accessory dwelling unit is not used as livable space, including but not limited to storage
rooms, boiler rooms, passageways, attics, basements, or garages.
4. Detached on Multi-Unit Lot Category. Up to two detached accessory dwelling units may
be constructed 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.
E. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) junior accessory
dwelling unit may be permitted on a lot with a proposed or existing single-unit dwelling, subject
to the following:
1. The junior accessory dwelling unit is proposed to be attached to, or within the space of, a
proposed or existing single-unit dwelling.
2. The junior accessory dwelling unit shall have independent exterior access from the
single-unit dwelling and may provide interior access to the single-unit dwelling.
3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and
Construction).
4. The junior accessory dwelling unit may be constructed in addition to an accessory
dwelling unit established on the lot with a proposed or existing single-unit dwelling. A junior
accessory dwelling unit is not permitted on a lot with a proposed or existing multi-unit
dwelling.
FE. 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 Program Implementation Plan),
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, unless a greater setback is
needed to comply with subsection (C)(3) of this section.
b. For replacement of an existing enclosed structure, garage, or carport, no existing
setback is required, beyond the existing setback provided, unless a greater setback is
needed to comply with subsection (C)(3) of this section. This provision shall only apply
to accessory dwelling units and junior accessory dwelling units that are replacing
existing structures within the same footprint and do not exceed the existing structure’s
size and/or height. For an accessory dwelling unit that will replace a detached garage,
the building and demolition permits shall be reviewed and issued concurrently.
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c. Attached and detached accessory dwelling units may provide a minimum setback
of four (4) feet from all side property lines and rear property lines not abutting an alley.
3. Building Height. Detached accessory dwelling units shall not exceed one story and a
height of sixteen (16) feet eighteen (18) feet for structures with flat roofs and twenty (20)
feet for structures with sloped roofs (minimum 3/12 pitch). Notwithstanding the foregoing, an
accessory dwelling unit constructed above a detached garage shall not exceed two (2)
stories and the maximum allowable height of the underlying zoning district, provided all the
following criteria are met:
a. The accessory dwelling unit meets the minimum setbacks, as required by
underlying zoning district; and
b. The principal dwelling unit complies with parking standards set forth in Section
21.40.040.
4. Unit Size.
a. The maximum size of a detached or attached accessory dwelling unit is eight
hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand
(1,000) square feet for a two (2) or more bedroom unit.
b. An attached accessory dwelling unit that is created on a lot with an existing single-
unit dwelling is further limited to fifty (50) percent of the floor area of the existing
dwelling.
bc. Application of the size limitations set forth in subsections (F)(4)(a) and (F)(4)(b) of
this section 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.
cd. Application of size limitations set forth in subsection (F)(4)(b) of this section, or
other development standards, such as floor area limit or site coverage, may further limit
the size of the accessory dwelling unit, but in no case shall the front setbacks, floor
area limit, open space, or site coverage requirement reduce the accessory dwelling unit
to less than eight hundred (800) square feet where there is no other alternative to
comply and only to the extent necessary and the accessory dwelling unit shall not
exceed a height of sixteen (16) feet measured from the finished grade as determined by
the Director.
de. The maximum size of a junior accessory dwelling unit shall be five hundred (500)
square feet.
ef. 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. Walkout Basement Floor Area Limit Exception. The gross floor area of an accessory
dwelling unit or junior accessory dwelling shall be excluded from the allowable floor area
limit when located below grade within a basement. Daylighting of the basement shall
only be permitted where excavation is necessary to provide exterior access to the main
surface level and in compliance with the following:
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a. The access passageway, inclusive of any necessary shoring, may encroach into
a side setback area;
b. The passageway shall be free of obstructions from the ground level to a height of
eight (8) feet;
c. The access passageway measure a minimum of thirty-six (36) inches in width,
measure a maximum of sixty (60) feet in length, and shall not be located within a
yard fronting a public right-of-way; and
Figure 3-7
Walkout Basement Floor Area Limit Exception
6. Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall
not require fire sprinklers so long as fire sprinklers are not required for the principal
residence; however, fire sprinklers are encouraged, nor shall the construction of an
accessory dwelling unit and/or junior accessory dwelling unit trigger a requirement for fire
sprinklers to be installed in the existing single-unit or multi-unit dwelling.
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 located on an existing driveway; however, in no case shall parking be
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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 internal to a proposed principal residence or converted
from existing space of principal residence or existing accessory structure;
ii. Accessory dwelling units located within one-half mile walking distance of 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;
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 remain in effect at 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.
e. Replacement Parking Necessary. When a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an accessory dwelling
unit at the same location or converted to an accessory dwelling unit, replacement
parking shall be provided. Replacement parking 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. Accessory dwelling units shall not displace required
uncovered parking spaces.
9. Waterfront Development and Flood Hazard Areas.
a. The minimum top of slab elevation for new interior living areas, including areas
converted from nonliving areas, shall comply with the flood hazard and sea level rise
protection standards of Section 21.30.015(D).
b. Any development in shoreline hazardous areas shall comply with Section
21.30.015(E)(2).
GF. Utility Connection.
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1. Connection Required. All accessory dwelling units and junior accessory dwelling units
shall connect to public utilities (or their equivalent), including water, electric, and sewer
services.
2. Except as provided in subsection (GF)(3) of this section, the City may require the
installation of a new or separate utility connection between the accessory dwelling unit,
junior accessory dwelling unit and the utilities.
3. Conversion. No separate connection between the accessory dwelling unit and the utility
shall be required for units created within a single-unit or multi-unit dwelling(s), unless the
accessory dwelling unit is being constructed in connection with a new single-unit dwelling or
multi-unit dwellings.
4. Septic Systems. If the principal dwelling unit is currently connected to an on-site
wastewater treatment system and is unable to connect to a sewer system, accessory
dwelling units and junior accessory dwelling units may connect to the on-site wastewater
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.
HG. 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 principal 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).
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 for Junior Accessory Dwelling Units.
a. Accessory Dwelling Units. 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 Units. A natural person with legal or equitable title to the
lot must reside in either the principal single-unit 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.
IH. Deed Restriction and Recordation Required.
1. 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
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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.
2. For properties in flood hazard areas, deed restriction shall also include notice to future
owners that the unit is located within an area that may be subject to flooding or future
flooding.
3. For properties located in low lying shoreline areas that may be subject to future sea
level rise, the property owner shall also record a waiver of future protection in compliance
with Section 21.30.015(E)(5).
JI. 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.
66
Attachment No. PC 6
Map of Major Transit Stops and High-
Quality Transit Corridors
67
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Attachment No. PC 7
Map of Coastal Zone
71
INTENTIONALLY BLANK PAGE72
TS
Banning RanchDeferred Certification Area
Newport Coast Segment(Not A Part)
RM-C
RM-C
RM-C
RM-C
City of Newport Beach, California I
Coastal Zone
0 0.45 0.90.225 Miles
Legend
Local Coastal Plan Boundary
City Boundary
Coastal Zone Area
Coastal_Zone_Featured_Areas.mxd November/2008 73
INTENTIONALLY BLANK PAGE74
Accessory Dwelling Units
Code and LCP Amendments
Planning Commission
January 5, 2023
Jaime Murillo, Principal Planner
jmurillo@newportbeachca.gov
(949) 644-3209
Makana Nova, Senior Planner
mnova@newportbeachca.gov
(949) 644-3249
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
Purpose of Code Amendments
2Community Development Department
•State Law Changes –effective January 1, 2023•SB 897•AB 2221
•City Efforts to Incentivize ADU Production•Council Policy K-4 •Housing Element Policy Action 1H •Planning Commission Ad-Hoc Committee
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (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
•Meeting with Community-March 23, 2022•Planning Commission Study Session–July 7 ,2022
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
ADU Options for Development
4Community Development Department
www.newportbeachca.gov/adu
Development standards
differ based on ADU type
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
Major Changes in Standards State Law
5Community Development Department
•Nonconforming Conditions •Can’t require correction of unrelated nonconforming
conditions or building code violations, except for health
and safety, as condition of ADU/JADU permit
•Objective Standards •Prohibits enforcement of subjective standards •Staff Recommendation-Remove requirement for ADUs
to have similar architectural styles, colors, materials as
main home•Helps with upcoming “pre-approved plans”
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
Major Changes in Standards State Law
6Community Development Department
•Statewide Exemption ADU (800 SF ADU)•Adds front setbacks to standards City can’t enforce if it
preludes development of an 800 sf ADU •Front setbacks, lot coverage, floor area limit, open
space•Only when existing development is built-out and to
minimum extent necessary
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
Major Changes in Standards State Law
7Community Development Department
•Increased Height Limits for Detached ADUs •16’ for single-family •18’ for multi-family•18’ if located within ½ mile to transit (regardless of zone)•2’ additional to match roof pitch of main home
•Staff Recommendation for Detached ADUs •18’ flat roofs/20’ sloping roofs (3:12 pitch)•Simplifies a complicated code (reduces errors)
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
Major Changes in Standards State Law
8Community Development Department
•Additional Parking Waiver-1 space required unless:•Internal ADUs/Conversions•½ mile walking distance to bus stop •When ADU is developed as part of new single-or multi-
family dwelling (new)
•Staff Recommendation –Apply outside coastal zone•In coastal zone, continue to require one space to protect
public access to coast (CCC staff supportive)
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
Major Changes in Standards State Law
9Community Development Department
•Allow 2 Detached ADUs with all Multi-Unit
Development •Previously allowed: •1 ADU with new multi-unit development •2 ADUs with existing multi-unit development
•Owner Occupancy Requirements •Prohibits with multi-unit developments •Prohibits with single-unit developments until 2025•Staff Recommendation-Remove owner occupancy
requirements for all ADUs. Keep for JADUs only.
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
Ad Hoc RecommendationWalkout Basement FAL Exception
10Community 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
Allow exterior access to subterranean basements to accommodate an ADU
Design & Public: Support
Ad-Hoc Recommendation: Pursue
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
Ad Hoc Recommendation Eliminate 50% Size Limit for Attached ADUs
11Community Development Department
•Simplifies Code and eliminates constraint
•Helps ADUs attached to smaller units
•1 bedroom: 850 sf / 2+bedroom: 1000 sf limits remain
Eliminate 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 - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
Incentives
12www.newportbeachca.gov/ADU
•Public Outreach and Website Materials •Pre-Approved ADU Plans •Studio, Studio/One-Bedroom, and Garage Conversion
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
Recommended Action
•Conduct Public Hearing
•Find Exempt from CEQA
•Adopt Resolutions recommending City Council:•Adoption of Zoning Code amendment•Submittal of LCP Amendment to CA Coastal Commission
13Community Development Department
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)
14
Questions and Discussion
MAKANA NOVA, AICP, SENIOR PLANNER
mnova@newportbeachca.gov
PLANNING COMMISSION PUBLIC HEARING
January 5, 2023
Planning Commission - January 5, 2023 Item No. 6a - Additional Materials Presented at the Meeting Accessory Dwelling Unit Ordinance 2023 Update (PA2021-113)