HomeMy WebLinkAbout2023-8 - 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 BRESOLUTION 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;
Resolution No. 2023-8
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
Resolution No. 2023-8
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.
Resolution No. 2023-8
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 Clerk shall certify the vote adopting the resolution.
ADOPTED this 24th day of '�� �� ''^'"
ATTEST:
rtME1.1j,Iwo, lop
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BrownMIT
City Clerk
APPROVED AS TO FORM:
CITY A TORNEY'S OFFICE
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P(ard'n C. Harp
City Attorney
Attachment(s): Exhibit A — Local Coast Program Amendment No. LC2021-003
Exhibit B — Findings in Support of LCP Amendment No. LC2021-003
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 do/does not present
a threat to public health and safety and is/are not affected by the construction of the
accessory dwelling unit or junior accessory dwelling unit. This does not prevent the
City from enforcing compliance with applicable building standards in accordance
with California Health and Safety Code Section 17980.12.
C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall
be approved in any residential or mixed -use zoning district, subject to issuance of a
building permit and the following conditions:
1. There is an existing or proposed dwelling unit on the lot;
2. The dwelling conforms to the development standards and requirements for
accessory dwelling units and/or junior accessory dwelling units as provided in this
section;
3. The dwelling conforms to the coastal resource protection development
regulations of Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050
(Canyon (C) Overlay 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) daytime 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:
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. 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
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.
Ajunior 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
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.
a. Internal. Accessory dwelling units and junior accessory dwelling units internal
to an existing or proposed single -unit or multi -unit dwelling shall comply with the
height limit as required by underlying zoning district.
b. Attached. Accessory dwelling units and junior accessory dwelling units
attached to an existing or proposed single -unit or multi -unit dwelling shall comply
with the height limit as required by underlying zoning district.
c. Detached accessory dwelling units shall not exceed a height of sixteen (16)
feet except as noted below:
i. An accessory dwelling unit constructed on a lot with an existing or
proposed multi -unit, multi -story dwelling shall not exceed a height of
eighteen (18) feet.
ii. 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 the accessory dwelling unit meets the
minimum setbacks required by underlying zoning district and the principal
dwelling unit complies with parking standards set forth in Section 21.40.040.
iii. An accessory dwelling unit constructed on a lot with an existing or
proposed single -unit or multi -unit dwelling that is located within one-half mile
walking distance of a major transit stop or high -quality transit corridor, as
those terms are defined in Section 21155 of the Public Resources Code
shall not exceed a height of eighteen (18) feet. An additional two (2) feet in
height shall be permitted to accommodate a roof pitch on the accessory
dwelling unit that is aligned with the roof pitch of the primary unit.
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.
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 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.
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).
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.
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.
EXHIBIT "B"
FINDINGS IN SUPPORT OF LOCAL COASTAL PLAN AMENDMENT NO. LC2021-003
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. 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2023-8 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 24th day of January, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member
Joe Stapleton, Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25th day of January, 2023.
Leilani I. Brown
City Clerk
Newport Beach, California