HomeMy WebLinkAbout16 - A Code Amendment Updating Accessory Dwelling Unit Regulations to Implement Council Policy K-4 and to Comply with State Law (PA2021-113)Q �EwPpRT
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FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
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January 24, 2023
Agenda Item No. 16
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
Jaime Murillo, Principal Planner, jmurillo@newportbeachca.gov
949-644-3209
TITLE: Ordinance No. 2023-2: A Code Amendment Updating Accessory
Dwelling Unit Regulations to Implement Council Policy K-4 and to
Comply with State Law (PA2021-113)
ABSTRACT:
For the City Council's consideration are 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 State law that went 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
Council Policy K-4.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) 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;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2023-2, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting 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 to the Creation Of Housing) and New State
Law Requirements Related to Accessory Dwelling Units (PA2021-113), and pass to
second reading on February 14, 2023; and
d) Adopt Resolution No. 2023-8, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal of Local Coastal Program Amendment
No. LC2021-003 to the California Coastal Commission to Amend Section 21.48.200
(Accessory Dwelling Units) of the Newport Beach Municipal Code to Implement
Council Policy K-4 (Reducing the Barriers to the Creation of Housing) and New State
Law Requirements Related to Accessory Dwelling Units (PA2019-248).
16-1
Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law
January 24, 2023
Page 2
DISCUSSION:
In 2022, the State of California 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 the City of Newport Beach,
implement the new ADU laws. The State Legislature intends to further reduce regulatory
barriers and costs, streamline the approval process, and expand the potential capacity
for ADUs in response to California's housing shortage.
City Efforts to Incentivize 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
Assessment (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 Local Coastal Program (LCP) Amendment directing staff to modify
regulations related to the development of ADUs.
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.
On September 13, 2022, the City Council adopted the 6t" Cycle Housing Element Update
for the 2021-2029 planning period. Housing Element Policy Actions 1 H (Accessory
Dwelling Unit Construction) and 11 (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. The two policy actions also 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.
16-2
Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law
January 24, 2023
Page 3
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.
JADU (Junior ADU)
Converted or attached space
within or attached to an existing
or new home, up to 500 square
feet
Internal ADU
Converted space in an existing
home or accessory building
(garage, pool house) OR a unit in a
new development
Detached ADU
New freestanding structure, such
as a backyard cottage
Attached ADU
New structure (may include some
converted space) sharing at least
one wall with a home/building
Multi -Unit Conversion ADU
Converted space in an existing
multi -unit building (storage,
attics, or other non -habitable
space)
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 help illustrate the differences. Attachment C includes a matrix
of development standards under current standards and Attachment D includes a matrix
of developments standards under the proposed amendments. A redline/strikeout version
of both the Title 20 and Title 21 amendments is included as Attachment E.
16-3
Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law
January 24, 2023
Page 4
Summary of Major Revisions Due to State Law Changes
Table 1 — Major State Law Changes in ADU/JADU Unit Development Standards
Standard
Proposed Code Change
Nonconforming
Clarification that the City can't require the correction of
Conditions
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 or permitting of the ADU or
JADU. However, this does not preclude the City from requiring
correction as a separate action.
Objective
Prohibits the application of subjective development standards.
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
Adds front setbacks to the list of standards that the City is precluded
Exemption
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 '/2 mile walking distance to a
major transit stop of high -quality transit corridor (Attachment F). 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.
16-4
Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law
January 24, 2023
Page 5
To reduce variability within an already complex code and changes
in transit, it is recommended that the height limit for detached ADUs
be changed 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
The law adds to the list of circumstances when parking is waived.
Exception
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 '/2 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 G). California Coastal
Commission staff has been consulted and is supportive of this
limitation.
Increases
Allows up to two detached ADUs constructed in conjunction with an
number of
existing or new multi -unit dwelling. Previously only one detached
detached ADUs
ADU was allowed when constructed in conjunction with a new multi -
allowed with
unit dwelling.
Multi -Unit
Dwellings
Owner
State law now restricts the City from imposing an owner -occupancy
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 the owner -
occupancy requirement for ADUs constructed with single -unit
dwellings. Owner -occupancy requirements for JADUs are
recommended to remain.
16-5
Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law
January 24, 2023
Page 6
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 Chanaes by Plannina 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 area 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
The City's current definition of gross floor area excludes
Basement Floor
subterranean basements from the floor area calculations because
Area Limit
they are not visible, but includes daylight basements due to
Exception
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.
16-6
Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law
January 24, 2023
Page 7
Attached ADU Current regulations limit the size of attached and detached ADUs
Size Limit to 850 square feet for studios and 1-bedroom units and 1,000
Simplification square feet for 2+ bedroom units. However, attached ADUs are
subject to an additional size limit equal to no more than 50% 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
16-7
Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law
January 24, 2023
Page 8
Plannina Commission Recommendation
On January 5, 2023, the Planning Commission considered the proposed amendments
and adopted Resolution Nos. PC2023-004 and PC2023-005 (Attachments H and 1),
recommending approval of Code Amendment No. CA2021-005 to the City Council and
recommending the City Council authorize submittal of Local Coastal Program
Amendment No. LC2021-003 to the California Coastal Commission.
State Department of Housina and Communitv Development 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 B) to the Local Coastal Program
(LCP) for review and approval of the California Coastal Commission.
Alternatives
The City Council 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.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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.
16-8
Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law
January 24, 2023
Page 9
NOTICING:
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.
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.
ATTACHMENTS:
Attachment A
— Ordinance No. 2023-2 (Title 20 Amendment)
Attachment B
— Resolution No. 2023-8 (Title 21 Amendment)
Attachment C
— Matrix of Current ADU/JADU Development Standards
Attachment D
— Matrix of Proposed ADU/JADU Development Standards
Attachment E
— Redline/Strikeouts Version of Title 20 and Title 21 Amendments
Attachment F
— Map of Major Transit Stops and High -Quality Transit Corridors
Attachment G
— Map of Coastal Zone
Attachment H
— Planning Commission Resolution No. PC2023-004
Attachment I —
Planning Commission Resolution No. PC2023-005
16-9
Attachment A
Ordinance No. 2023-2
16-10
ORDINANCE NO. 2023-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING 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 TO
THE CREATION OF HOUSING) AND NEW STATE LAW
REQUIREMENTS RELATED TO ACCESSORY DWELLING
UNITS (PA2021-113)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, 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),
which 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");
WHEREAS, on May 25, 2021, the City Council adopted Resolution No. 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");
WHEREAS, on October 7, 2021, the Planning Commission formed an Ad Hoc
Committee to evaluate potential code amendments related to encouraging new ADU
development within the City;
WHEREAS, in 2022, the California Legislature adopted SB 897 and AB 2221,
amending Califomia Government Code Sections 65852.2 and 65852.22 to impose new
limits on a city's ability to regulate ADUs and JADUs;
WHEREAS, 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"), and to incorporate the recommendations of the Ad Hoc Committee;
16-11
Ordinance No. 2023-
Page 2 of 4
WHEREAS, a public hearing was held by the Planning Commission 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;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2023-004 by a unanimous vote (5 ayes -- 0 nays),
recommending approval of Code Amendment No. CA2021-005 to the City Council; and
WHEREAS, a duly noticed public hearing was held by the City Council on
January 24, 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 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 City
Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does hereby approve Code Amendment No.
CA2021-005 to amend Chapter 20.48 (Accessory Dwelling Units) of the NBMC as set
forth in Exhibit "A," and based upon the Findings in Exhibit "B", both of which are attached
hereto and incorporated herein by reference.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
16-12
Ordinance No. 2023-
Page 3 of 4
Section 4: The City Council finds the introduction and adoption of this
ordinance is statutorily and categorically exempt from environmental review under the
California Environmental Quality Act ("CEQA") pursuant to Section 21080.17 of the
California Public Resources Code and Section 15282(h) of the California Code of
Regulations, Title ,14, Division 6, Chapter 3 ("CEQA Guidelines") which exempts from
the requirements of CEQA, the adoption of an ordinance regarding second units to
implement the provisions of Sections 65852.1 and 65852.2 of the Government Code.
Similarly, the ministerial approval of accessory dwelling units is not a project for CEQA
purposes, and environmental review is not required prior to approving individual
applications.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
16-13
Ordinance No. 2023-
Page 4 of 4
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 24th day of January, 2023, and adopted on the 14th day
of February, 2023, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
N C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A - Code Amendment No. CA2021-005
Exhibit B - Findings in Support of Code Amendment No.
CA2021-005
16-14
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
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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:
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. Only 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. Only 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
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existing or proposed multi -unit dwelling. For purposes of this section, a multi -unit
development 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:
L 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 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,
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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 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 shall provide a minimum
setback of four (4) feet from all side property lines and rear property lines not
abutting an alley unless the setback requirements of the underlying zoning
district are less restrictive.
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 subsection (F)(4)(a) of this section,
shall not apply to an accessory dwelling unit that is converted as part of a
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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 setback, 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 to construct the accessory dwelling unit.
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; 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.
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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 require 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
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i. An accessory dwelling unit internal to a proposed principal residence
or converted from existing space of a principal residence or existing
accessory structure;
ii. An accessory dwelling unit 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. An accessory dwelling unit 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, when an accessory dwelling unit is
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(G)(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.
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.
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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.
1 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 shbll
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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EXHIBIT "B"
FINDINGS IN SUPPORT OF ZONING CODE AMENDMENT NO. CA2021-005
1. Zoning 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, 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(I) 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..."
5. 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. To preserve the limited parking supply and ensure this amendment is
consistent with the California 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 Y2 mile walking distance to a bus stop.
6. Zoning Code Amendment No. CA2021-005 would serve to implement Housing
Element Policy Action 1 H (Accessory Dwelling Unit Construction) of the 2021-2029
Housing Element. Policy Action 1 requires the City to analyze methods to
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aggressively support and accommodate ADU construction within 12 months of
Housing Element adoption and establish a program within 24 months of adoption.
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Attachment B
Resolution No. 2023-8
16-25
RESOLUTION NO. 2023-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2021-003 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND SECTION 21.48.200
(ACCESSORY DWELLING UNITS) OF THE NEWPORT
BEACH MUNICIPAL CODE TO IMPLEMENT COUNCIL
POLICY K-4 (REDUCING THE BARRIERS TO THE
CREATION OF HOUSING) AND NEW STATE LAW
REQUIREMENTS RELATED TO ACCESSORY DWELLING
UNITS (PA2019-248)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, 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;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan, as amended from time to time;
WHEREAS, 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;
WHEREAS, 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), which
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;
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Resolution No. 2023-
Page 2 of 4
WHEREAS, on May 25, 2021, the City Council adopted Resolution No. 2021-43,
initiating a code amendment to Title 21 to modify regulations relating to the development
of ADUs and junior accessory dwelling units ("JADU");
WHEREAS, on October 7, 2021, the Planning Commission formed an Ad Hoc
Committee to evaluate potential code amendments related to encouraging new ADU
development within the City;
WHEREAS, in 2022, the California Legislature adopted SB 897 and AB 2221,
amending California Government Code Sections 65852.2 and 65852.22 to impose new
limits on a city's ability to regulate ADUs and JADUs;
WHEREAS, 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"), and to
incorporate the recommendations of the Ad Hoc Committee;
WHEREAS, 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;
WHEREAS, a public hearing was held by the Planning Commission 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;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2023-005 by a unanimous vote (5 ayes — 0 nays),
recommending approval of LCP Amendment No. LC2021-003 to the City Council; and
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Resolution No. 2023-
Page 3 of 4
WHEREAS, a duly noticed public hearing was held by the City Council on January
24, 2023, in the City 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 Ralph M. Brown Act and Chapter 21.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the City
Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council authorizes staff to submit Local Coastal Program
Amendment No. LC2021-003 to amend Chapter 21.48 (Accessory Dwelling Units) of the
NBMC as set forth in Exhibit "A," and based upon the Findings in Exhibit "B", both of which
are attached hereto and incorporated by reference, to the California Coastal Commission.
Section 2: 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.
Section 3: The LCP, including LCP Amendment No. LC2021-003, will be
carried out fully in conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
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Resolution No. 2023-
Page 4 of 4
Section 6: The City Council finds the adoption of this resolution is statutorily and
categorically exempt from environmental review under the California Environmental
Quality Act ("CEQA") pursuant to Section 21080.17 of the California Public Resources
Code and Section 15282(h) of the California Code of Regulations, Title 14, Division 6,
Chapter 3 ("CEQA Guidelines") which exempts from the requirements of CEQA, the
adoption of an ordinance regarding second units to implement the provisions of Sections
65852.1 and 65852.2 of the Government Code. Similarly, the ministerial approval of
accessory dwelling units is not a project for CEQA purposes, and environmental review
is not required prior to approving individual applications.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Cleric shall certify the vote adopting the resolution.
ADOPTED this 24th day of January, 2023.
NOAH BLOM
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
'Aar . Harp
Cit A orney
Attachment(s): Exhibit A — Local Coast Program Amendment No. LC2021-003
Exhibit B -- Findings in Support of LCP 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 legally established nonconforming zoning condition(s),
building code violation(s), and/or unpermitted structure(s) that doldoes 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;
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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 21.3013 (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.
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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; 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. Only 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. Only 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, a multi -unit development
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
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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.
F. 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 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.
G. 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 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
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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 shall provide a minimum
setback of four (4) feet from all side property lines and rear property lines not
abutting an alley unless the setback requirements of the underlying zoning
district are less restrictive.
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 3112 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. Application of the size limitations set forth in subsection (G)(4)(a) of this
section shall not apply to an, accessory dwelling unit that is 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
to construct the accessory dwelling unit.
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.
16-34
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.
1 "T
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 require 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.
16-35
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. An accessory dwelling unit internal to a proposed principal residence or
converted from existing space of principal residence or existing accessory
structure;
ii. An accessory dwelling unit 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. An accessory dwelling unit 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.
16-36
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).
H. 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 (H)(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.
I. 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.
16-37
J. 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).
K. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units
proposed on residential or mixed -use properties that are determined to be historic
shall be approved ministerially, in conformance with California Government Code
Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior
accessory dwelling unit that is listed on the California Register of Historic Resources
shall meet all Secretary of the Interior standards, as applicable.
16-38
EXHIBIT "B"
FINDINGS IN SUPPORT OF LOCAL COASTAL PLAN AMENDMENT NO. LC2021-003
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(1) notes, "Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976..."
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. 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
'/ mile walking distance to a bus stop.
5. LCP Amendment No. LC2021-003 would serve to implement Housing Element Policy
Action 1 H (Accessory Dwelling Unit Construction) of the 2021-2029 Housing Element.
Policy Action 1 requires the City to analyze methods to aggressively support and
16-39
accommodate ADU construction within 12 months of Housing Element adoption and
establish a program within 24 months of adoption.
16-40
Attachment C
Matrix of Current ADU/JADU Development
Standards
16-41
CITY OF
N EWRO RT BEACH
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
40*
^e%
41 \ /e�\
M. -
EM
ELI-1-A
L__j I __1
11
ADU Type
JADU
INTERNAL'-Z
ATTACHED'
DETACHED
CONVERSION
DETACHED
Conversion' of an interior portion
Conversion of an interior portion of an
Construction of a new
Construction of a new
Conversion of an existing non -habitable (e.g.,
Construction of a new ADU
of an existing single -unit dwelling;
existing single -unit or multi -unit dwelling,
ADU attached to an
ADU as a detached
storage rooms, boiler rooms, passageways,
as a detached accessory
or new construction within a
or an existing detached accessory building;
existing or proposed
accessory building
attics, basements, or garages) portion of a
building
proposed single -unit dwelling
or new construction within a proposed
single -unit or multi -unit
multi -unit (2+) development
single -unit or multi -unit (2+) development
dwelling
Allowed on all residential and
Zoning
mixed zoned properties that are
Allowed on all residential and mixed zoned properties that are improved with a single -unit
Allowed on all residential and mixed zoned properties that are
improved with a single -unit
or multi -unit dwelling
improved with existing multi -unit dwellings
dwelling
At least one and no more than 25% of the
Number of Units
One
One
existing unit count in the multi -unit
Two
development
Allowed with Other ADU3
May also provide single -unit
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
No limit
Studio/One-Bedroom = 850
No limit
Studio and One -Bedroom
500
Two Bedroom = 1,000
= 850
(Square Feet)
Can be no more than 50% of existing primary
Two Bedroom = 1,000
dwelling (for attached only)
Application of floor area
Application of floor area limit or site coverage
limit or site coverage
Maximum Size Exception
None
None
shall not reduce an ADU below 800 square feet
None
shall not reduce ADU
and a height limit of 16 feet'
below 800 square feet
and a height limit of 16
feet4
16 feet (Exception: Base
16 feet (Exception: Base
zone for an ADU
zone for an ADU
constructed above a
constructed above a
Maximum Height
garage that complies
Per base zone
Per base zone
Per base zone
garage that complies
N/A
with setbacks and
with setbacks and
principal unit complies
principal unit complies
with parking)
with parking)
16-42
CITY OF
,. N E1 P O R T
BEACH
ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
Revised 04/19/22
ADU Type
OF JADU
ADU WITH SINGLE- OR MULTI -UNIT DEVELOPMENT
ADU WITH MULTI -UNIT DEVELOPMENT
I
JADU
INTERNAL
ATTACHED
I DETACHED
CONVERSION
DETACHED
Front Setback 5
Per base zone
Side Setbacks
4 feet or base zone, whichever is less
4 feet or base zone,
Per base zone
Per base zone
Per Base Zone
whichever is less
Rear Setback s
4 feet (not abutting alley) or base zone,
4 feet (not abutting alley)
Per base zone
Per base zone
whichever is less
Per Base Zone
or base zone, whichever
is less
Access
Exterior entrance required in all cases. JADUs may provide internal connection.
Bathroom
May share with primary
Bathroom is required
dwelling unit
Kitchen
Efficiency'
Full kitchen, including fixed cooking appliance with outside exhaust.
Parking
None
None
One
None
One per unit
Parking waived for the ADU if the property is: 1) within % mile walking distance to transit (including ferry); 2) within an architecturally or historically significant
Parking Exception
N/A
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
Allowed; Replacement parking required
N/A
Allowed;
Replacement parking required in the
N/A
required citywide
in the Coastal Zone
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. Additional restrictions required in the Coastal zone.
Owner -Occupancy
I Owner shall live in either unit
I 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
The City may require a separate utility connection. (See Utilities Director 1/9/21 Memorandum for single water and sewer service allowances)
not required
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
I Shall have a similar style to the principal dwelling, including architectural style, roof pitch, color, and materials
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.
Z 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.
s Current adopted code is out of date. A133182, 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.
16-43
Attachment D
Matrix of Proposed ADU/JADU
Development Standards
16-44
toCITY OF
N EW PO RT
BEACH
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
LEI J�J
W W
L
JADU'
INTERNALI,2
ATTACHED'
DETACHED
CONVERSION
ADUType
Conversion of an interior portion of
Conversion of an interior portion of an
Construction of a new ADU attached to
Construction of a new ADU as a detached
Conversion of an existing non -habitable (e.g.,
an existing single -unit dwelling; or
existing single -unit or multi -unit dwelling,
an existing or proposed single -unit or
accessory building
storage rooms, boiler rooms, passageways,
new construction within a proposed
or an existing detached accessory
multi -unit dwelling
attics, basements, or garages) portion of a
single -unit dwelling; or attached to
building; or new construction within a
multi -unit (2+) development
an existing or proposed single -unit
proposed single -unit or multi -unit (2+)
dwelling
development
Allowed on all residential and
Allowed on all residential and mixed zoned
Zoning
mixed zoned properties that are
Allowed on all residential and mixed -use zoned properties that are improved with a single -unit or multi -unit dwelling
properties that are improved with existing
improved with a single -unit
multi -unit dwellings
dwelling
Single -unit Development: One
At least one and no more than 25% of the
Number of Units
One
One
existing unit count in the multi -unit
Multi -unit Development: Two
development
Allowed with Other ADU
I
May also provide single -unit
May provide an ADU and a JADU on the same lot with a proposed or existing single-family dwelling, regardless if the
No
ADU
ADU is detached, attached, or internal.
I Minimum Lot Size
None
Minimum Unit Size
Shall comply with California Building Code Section 1208 (Interior Space Dimensions)
Maximum Unit Size
No limit
Studio/One-Bedroom = 850
No limit
(Square Feet)
500
Two Bedroom = 1,000
Maximum Height
18 feet flat roof
Per base zone
Per base zone
Per base zone
20 feet sloped roof (min 3/12 pitch)3
N/A
Front Setback 4
Per base zone
Side Setback n
4 feet or base zone, whichever is less
Per base zone
Per base zone
Per Base Zone
Rear Setback 4
4 feet (not abutting alley) or base zone, whichever is less
Per base zone
Per base zone
Per Base Zone
800 sf ADU Exception for
N/A
Application of floor area limit, site coverage limit, or front setback shall not
N/A
Existing Development'
reduce an ADU below 800 square feet (additions only)
16-45
CITY OF
NEWPORT
B EJ w
ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
Draft Proposed Revisions 12/12/2022
ADU WITH EXIS
JADU ADU WITH SINGLE- OR MULTI -UNIT DEVELOPMENT
ADU Type
UNIT DEVELOPMENT
IJADU
INTERNAL',2
ATTACHED'
DETACHED
CONVERSION
Walkout Basement FAL
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
y g p ()() ()( )
Exception
Access
Exterior entrance required in all cases. JADUs may provide internal connection.
Bathroom
May share with primary
Bathroom is required
dwelling unit
Kitchen
Efficiency6
Full kitchen, including fixed cooking appliance with outside exhaust.
Parking
None
None
One per unit
None
Parking waived for the ADU if the property is: 1) within % mile walking
distance to transit; 2) within an architecturally or historically significant
Parking Exception
N/A
district; 3) on -street parking permits are required and not provided to the
N/A
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.
Garage/Carport
Allowed; Replacement parking
Allowed; Replacement parking
N/A
Allowed;
Replacement parking required in the
Conversion
required citywide
required in the Coastal Zone
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
' 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.
a 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.
'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.
6An 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.
16-46
Attachment E
Redline/Strikeouts Version of Title 20 and
Title 21 Amendments
16-47
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 conditions, building
code violations, or unpermitted structures that do not present a threat to public health and
safety and 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 building permit ZeniRg
rleara RGe provided by the D're Gter and the following conditions:
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 ZORORg GlearaRGe 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
16-48
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 orressery .dwelling units. allowed on any
residential lot. For the purposes of this section, multi -unit dwelling means a structure or
development containing two or more dwelling units. 1JR;ess otherwise srienifierd hele,e, nOnly
one 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 accessory dwelling
unit OF
ene iUnier orressery dwelling „nit 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.
I.ThUnir leer aGGesS g-URitiTpFepesed:
i Within the snore of o proposed single _i snit dwelling; er
ii Within the existing mane of on existing sinnle_i snit dwelling.
Gb. The accessory dwelling unit er i, mier orressery dwelling „nit wi# 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. DetaGhed/4ttahed rLet with Single _Unit OF M ilti_Unit Dwelling Gategnr�c
e
lot with a pFoposed eF existing single URit OF MUlti unit dwelliRg. A detaGhed, ReW
(D)(1)(b) of this sentien
2. Attached on Lot with Single -Unit or Multi -Unit Dwelling Category. Only one 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. Only one detached
new -construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single -unit dwelling. Up to two detached new -construction accessory dwelling units
may be constructed on a lot that has an existing or proposed multi -unit dwelling. For the
16-49
Page 3/16
urooses of this section. a multi -unit development approved and built as a sinale complex
shall be considered one 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 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. DetaGhed en Multi Unit Lot Category. Up to two detaGhed aGGessery dwelling units Fna
Gensidered E)Re lof regardless of the Rumhor of r»rnolc
E. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) lunior accessory
dwellina unit may be permitted on a lot with a Droaosed or existina sinale-unit dwellina. subiect
to the followin
1. The lunior accessory dwelling unit is proposed to be attached to, or within the space of, a
proposed or existing single -unit dwelling.
2. The lunior 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 lunior accessory dwelling unit may be constructed in addition to an accessory
dwelling unit on the lot with a proposed or existing single -unit dwelling. A lunior accessory
dwelling unit shall not be allowed on the 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 ron, dromon+c
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+o Order to establish an
accessory dwelling unit and/or junior accessory dwelling unit.
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Page 4/16
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 buildina and demolition Dermits shall be reviewed and issued concurrently.
c. Attached and detached accessory dwelling units 1�shall provide a minimum
setback of four feet from all side property lines and rear property lines not abutting an
alley unless the setback requirements of the underlying zoning district are less
restrictive_
3. Building Height. Detached accessory dwelling units shall not exceed eyrie story 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 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 or more bedroom unit.
dwelling
be. Application of size limitations set forth in subsections (F€)(4)(a) and (EE)(4 `("' of
this section, shall not apply to an accessory dwelling unite that is are converted as part
of a proposed or existing space of a principal residence or existing accessory structure.
cd. Application of size llrnitatlrins cot ferfh in si bsentieR (EE)( )(b) of this confirm er
ether 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 setback, floor area
limit, open space, or site coverage requirement reduce the accessory dwelling unit to
less than 800 square feet where there is no other alternative to comply and only to the
extent necessary to construct the accessory dwelling unit and the D l shall net eVseed
a height ef 16 feet FneaswFed frem the fiRished grade as determined by the DiFeGte .
16-51
Page 5/16
de. The maximum size of a junior accessory dwelling unit shall be 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. 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 feet; and
c. The access passageway shall measure a minimum of thirty-six (36) inches clear
in width, measure no longer than 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; "„owes r fire sprinklers are eRGeurage , nor shall the construction of an
16-52
Page 6/16
accessory dwelling unit and/or junior accessory dwelling unit require 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 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. An Aaccessory dwelling unit internal to a proposed principal residence or
converted from existing space of a principal residence or existing accessory
structure;
ii. An Aaccessory 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. An Aaccessory 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, when an accessory dwelling unit is 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-F. Utility Connection.
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Page 7/16
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.
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.
p dee♦er AGGesseDPelli,,,g Uni 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
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.
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Page 8/16
Jf. 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 conditions, building
code violations, or unpermitted structures that do not present a threat to public health and
safety and 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 Zening GlearanGe building
ep rmit 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;
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
16-55
Page 9/16
4 '^Ring r•learaRGe 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 andeF iHnier aGGesser„ dwelling units allowed on any
residential lot. For the purposes of this section, "multi -unit dwelling" means a structure or
development containing two or more dwelling units. URIesS-0trhepNise speGified below, eOnly
one 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 accessory dwelling
unit eF ^no iunier aGGessery dwelling „nit 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; or
ii. Within the existing space of an existing single -unit or multi -unit dwelling; or
16-56
Page 10/16
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.
h The ii,nirir annessgni GlWelling ,,pit is nr^n^sed
�Withhin the sparse of a pr^n^sed ciRglo_i,pit rlWellipg• ^r
ii Withip Oho evicting spare of an evicting cinnl^_i,nit dwelling
sb. The accessory dwelling unit ^r i„nigr arressery dwelling „nit Wj# 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. DetaGhed!AttaGhed on Lot with Single Unit or Multi URit DwelliRg Category. ORe
GGRStFUGtiGR aGGessery dwelling unit may also be permitted in addition to a j i
aGGessery dwelling URit that might etheRvise be established OR the lot
(E)(1)(b) of this sentien
2. Attached on Lot with Single -Unit or Multi -Unit Dwelling Category. Only one 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. Only one detached
new -construction accessory dwelling unit may be permitted on a lot with a proposed or
existing single -unit dwelling. Up to two detached new -construction accessory dwelling units
may be constructed on a lot that has an existing or proposed multi -unit dwelling. For the
purposes of this section, a multi -unit development approved and built as a single complex
shall be considered one 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 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.
16-57
Page 11/16
F. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) lunior 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 lunior accessory dwelling unit shall have independent exterior access from the
sinale-unit dwellina and may provide interior access to the sinale-unit dwellina.
3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and
Construction).
4. The lunior accessory dwelling unit may be constructed in addition to an accessory
dwelling unit on the lot with a proposed or existing single -unit dwelling. A junior accessory
dwelling unit shall not be allowed on the lot with a proposed or existing multi -unit dwelling.
G. 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+n 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 shall n4ay provide a minimum
setback of four feet from all side property lines and rear property lines not abutting an
alley unless the setback requirements of the underlying zoning district are less
restrictive.
16-58
Page 12/16
3. Building Height. Detached accessory dwelling units shall not exceed one stc�eFy'-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 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 or more bedroom unit.
dwelling.b. An attaGhed aGGessery dwelliRg LJRit that is Greated OR a lot with an existing single -
unit dwelliRg is further I'mited to fifty (50) peFGeRt of the floor area of the existing
be. Application of the size limitations set forth in subsections (G )(4)(a) and fl(4 `(b)
of this section shall not apply to an accessory dwelling units that is ar_e 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 s, bsentien (F=)(4)(b) Of this sentien of
ether 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 to construct the accessory dwelling unit -arid
the aGGeSSC)ry dwelliRg Unit shall ROt eXGeed a height of sixteen (16) feet measured fr
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. 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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Page 13/16
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 feet; and
c. The access passageway shall measure a minimum of thirty-six (36) inches clear
in width, measure no longer than 60 feet in length, and shall not be located within
a yard fronting a public right-of-way.
Z0
Figure 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 enGG Falter! nor shall the construction of an
accessory dwellina unit and/or iunior accessory dwellina unit reauire 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 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
16-60
Page 14/16
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. An aAccessory dwelling units internal to a proposed principal residence or
converted from existing space of principal residence or existing accessory structure;
ii. An aAccessory 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. An aAccessory 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.
GORj ,Goon with the ronoirUGtion of aR accessory dwelling ,mii , rv,,aRy roiro�
FeplaGeMeRt spaGeS May be IE)Gated OR aRy GE)RfigWatiGR OR the same lot as the
spaGec, er tandem spaGec, or by the use of meGhaRiGal of ,tomohile paddRg 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).
HG. Utility Connection.
16-61
Page 15/16
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 (IG)(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.
IH. 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.
b. '��AEEessery Dwelling 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.
Jf. 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).
KJ. 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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Attachment F
Map of Major Transit Stops and
High -Quality Transit Corridors
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2 W:\Requests\PDCS\SP\PA\Transit\HighFregCorridors\maps\H igh FregCorridors_2045_2022-0928. mxd
Attachment G
Map of Coastal Zone
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100
Legend
..........------------------
-- Local Coastal Plan Boundary
---- City Boundary
Coastal Zone Area
Coastal Zone
City of Newport Beach, California
Newport Coast Se
_ mot A Part)
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Coastal_Zone_Featured_Areas.mA November/2008
0 0.225 0.45 0.9 Miles
1 1 1
Attachment H
Planning Commission Resolution No. PC2023-004
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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.
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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Planning Commission Resolution No. PC2023-004
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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(I) 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 '/z mile walking distance to a bus stop.
5. Code Amendment No. CA2021-005 would serve to implement Housing Element Policy
Action 1 H (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: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES: None
ABSTAIN: None
ABSENT: None
BY: bwfiS ta*bm
Curtis Ellmore, Chair
BY: sarac ' "SftVv U*W
Sarah Klaustermeier, Secretary
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1 *:/:111I ifi_VA
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:
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:
Within the space of a proposed single -unit or multi -unit dwelling;
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.
11�
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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Attachment I
Planning Commission Resolution No. PC2023-004
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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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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.
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(I) 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'/2 mile walking distance to a bus stop.
5. LCP Amendment No. LC2021-003 would serve to implement Housing Element Policy
Action 1 H (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:
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: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES: None
ABSTAIN: None
ABSENT: None
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BY: bwfis f"br ,
Curtis Ellmore, Chair
BY: Sar4. "Sf y*tA,W
Sarah Klaustermeier, Secretary
Attachment(s): Exhibit A — Local Coastal Program Amendment No. LC2021-003
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1 *:/:111I ifi_VA
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:
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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Within the space of a proposed single -unit or multi -unit dwelling; or
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:
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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
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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, 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;
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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.
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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.
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
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Planning Commission Resolution No. PC2023-005
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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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