HomeMy WebLinkAboutPC2023-005 - 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 COUNCRESOLUTION 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.
1. LCP Amendment No. LC2021-003 is statutorily and categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to
Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which states the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code is exempt from the requirements of CEQA. Similarly, the ministerial approval of ADUs is not a project for CEQA purposes, and
environmental review is not required prior to approving individual applications.
2. The exceptions to the categorical exemption under Section 15300.2 are not applicable. LCP Amendment No. LC2021-003 does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on
the environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
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SECTION 3. FINDINGS.
1. LCP Amendment No. LC2021-003 is consistent with and implements California Government
Code Sections 65852.2 and 65852.22.
2. Adopting an ordinance consistent with Government Code Sections 65852.2 and 65852.22 ensures that the character of the City is preserved to the maximum extent possible and that the City’s regulation regarding ADUs and JADUs continue to promote the health, safety,
and welfare of the community.
3. As permitted by California Government Code Section 65852.2, the City finds that maintaining the prohibition of parking in rear alley setbacks is essential to preserve vehicular maneuverability for residents and fire and life safety personnel traveling through the City’s narrow alleyways. Also, prohibiting parking in front setbacks, unless located on a driveway
a minimum 20 feet in depth, is also essential to ensure that driveways are of sufficient depth
to accommodate a vehicle entirely on-site without protruding into the public right-of-way and blocking pedestrian, bicyclist, and vehicular traffic creating a life safety condition.
4. The City is a coastal community with numerous coastal resources that attract over seven million annual visitors. This includes public beaches, Newport Harbor, Balboa Peninsula,
Balboa Island, and Newport Bay. The number of annual visitors, coupled with historic
development patterns of the City, has created a significant impact on the limited parking supply. The loss of off-street parking on residential lots would exacerbate the continual public parking problems in the Coastal Zone, as it shifts residential parking from on-site to on-street. Government Code Section 65852.2(a)(1)(D)(xi) notes that off-street parking shall not be
required to be replaced when a garage, carport, or other covered parking is converted to an
ADU or JADU. Notwithstanding this, Government Code Section 65852.2(l) notes, “Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976…”
The elimination of off-street parking in residential properties within the Coastal Zone would
create a significant impact to public parking and limit visitor access to coastal resources. In
order to preserve the limited parking supply and ensure this amendment is consistent with the Coastal Act, this amendment maintains and clarifies that the requirement for replacement parking is needed when existing parking is displaced by a ADU or JADU. The amendment also requires parking to provide for an ADU constructed in conjunction with a new single-unit
or multi-unit development when not located within ½ mile walking distance to a bus stop.
5. LCP Amendment No. LC2021-003 would serve to implement Housing Element Policy Action 1H (Accessory Dwelling Unit Construction) of the 2021-2029 Housing Element. Policy Action 1 requires the City to analyze methods to aggressively support and accommodate ADU construction within 12 months of Housing Element adoption and
establish a program within 24 months of adoption.
6. LCP Amendment No. LC2021-003 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the
City of Newport Beach.
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7. The LCP, including LCP Amendment No. LC2021-003, will be carried out fully in conformity with the California Coastal Act.
8. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds Local Coastal Program Amendment No. LC2021-003 is statutorily and categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to
Section 21080.17 of the Public Resources Code and Section 15282(h) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which states the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code is exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units is not a project for CEQA
purposes, and environmental review is not required prior to approving individual
applications. 2. The exceptions to the categorical exemption under Section 15300.2 are not applicable. Local Coastal Program Amendment No. LC2021-003 does not impact an environmental
resource of hazardous or critical concern, does not result in cumulative impacts, does not
have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource.
3. The Planning Commission of the City of Newport Beach hereby recommends the City Council
authorize staff to submit Local Coastal Program Amendment No. LC2021-003, as set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference, to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF JANUARY 2023. AYES: Ellmore, Harris, Klaustermeier, Lowrey, and Rosene
NOES: None
ABSTAIN: None ABSENT: None
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BY: ____________________________ Curtis Ellmore, Chair
BY: ____________________________ Sarah Klaustermeier, Secretary
Attachment(s): Exhibit A – Local Coastal Program Amendment No. LC2021-003
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EXHIBIT “A”
LOCAL COASTAL PLAN AMENDMENT NO. LC2021-003
Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code is
amended in its entirety to read as follows:
21.48.200 Accessory Dwelling Units. A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 65852.2 and 65852.22, or any
successor statute, in areas designated for residential use, including as part of a planned
community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City.
B. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be:
1. Deemed to be inconsistent with the Coastal Land Use Plan and coastal zoning
district designation for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located;
2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located;
3. Considered in the application of any ordinance, policy, or program to limit residential
growth; or
4. Required to correct a legally established nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. This does not prevent the City from
enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to issuance of a building
permit and the following conditions:
1. There is an existing or proposed dwelling unit on the lot;
2. The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section;
3. The dwelling conforms to the coastal resource protection development regulations of
Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay
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District), Section 21.30.100 (Scenic and Visual Quality Protection), or Chapter 21.30B (Habitat Protection); and
4. The building permit shall be considered and approved ministerially, without
discretionary review or a hearing, within sixty (60) days from the date that the City determines an application to be complete, unless either:
a. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or
b. In the case of an application for an accessory dwelling unit and/or junior
accessory dwelling unit submitted with an application to create a new single-unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or junior accessory dwelling application until the City renders a decision on the new single-unit dwelling application.
D. Coastal Development Permits.
1. Application. The applicant shall obtain a coastal development permit, pursuant to Chapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or excluded from the coastal development permit process pursuant to Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) or Section 21.52.045
(Categorical Exclusions).
2. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development Review Procedures) regarding the review and approval of coastal development permits in relation to accessory dwelling units are applicable, except that a public hearing as required by Chapter 21.62 (Public Hearings) shall not be required. Public notice shall be
provided as required in Section 21.62.020, except the requirements of Section
21.62.020(A) shall be replaced with a statement that no local public hearing will be held and that written comments on the proposed development may be submitted. Written comments received shall be reviewed by the review authority.
3. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64
(Appeals and Calls for Review), coastal development permits for accessory dwelling units
that are defined as “appealable development” pursuant to Section 21.64.035(A) may be directly appealed to the Coastal Commission in accordance with the provisions of Section 21.64.035 without a discretionary hearing by the Planning Commission or City Council.
E. Maximum Number of Accessory Dwelling Units Allowed. The following is the maximum
number of accessory dwelling units allowed on any residential lot. For purposes of this
section, “multi-unit dwelling” means a structure or development containing two (2) or more dwelling units. Only one (1) of the categories described below in this subsection may be used per lot.
1. Internal to a Single-Unit or Multi-Unit Dwelling Category. Only one (1) accessory
dwelling unit may be permitted on a lot with a proposed or existing single-unit or multi-unit
dwelling, subject to the following:
a. The accessory dwelling unit is proposed:
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i. Within the space of a proposed single-unit or multi-unit dwelling; or
ii. Within the existing space of an existing single-unit or multi-unit dwelling; or
iii. Within the existing space of an existing accessory structure, plus an addition
beyond the physical dimensions of the existing structure of up to one hundred fifty (150) square feet if the expansion is limited to accommodating ingress and egress.
b. The accessory dwelling unit shall have independent exterior access from the single-unit dwelling.
c. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings
and Construction).
2. Attached on Lot with Single-Unit or Multi-Unit Dwelling Category. One (1) attached, new-construction accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit or multi-unit dwelling.
3. Detached on Lot with Single-Unit or Multi-Unit Dwelling Category. One (1) detached
new-construction accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit dwelling. Up to two (2) detached new-construction accessory dwelling units may be constructed on a lot that has an existing or proposed multi-unit dwelling. For purposes of this section, multi-unit developments approved and built as a single complex
shall be considered one (1) lot, regardless of the number of parcels.
4. Conversion of Multi-Unit Dwelling Category. Multiple accessory dwelling units may be permitted on lots with existing multi-unit dwellings subject to the following:
a. The number of accessory dwelling units shall not exceed twenty-five (25) percent of the existing multi-unit dwellings on the lot. For the purpose of calculating the
number of allowable accessory dwelling units, the following shall apply:
i. Previously approved accessory dwelling units shall not count towards the number of existing multi-unit dwellings;
ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one accessory dwelling unit shall be allowed; and
iii. For the purposes of this section, multi-unit developments approved and built
as a single complex shall be considered one (1) lot, regardless of the number of parcels.
b. The portion of the existing multi-unit dwelling that is to be converted to an accessory dwelling unit is not used as livable space, including but not limited to
storage rooms, boiler rooms, passageways, attics, basements, or garages.
E. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single-unit dwelling, subject to the following:
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1. The junior accessory dwelling unit is proposed to be attached to, or within the space of, a proposed or existing single-unit dwelling.
2. The junior accessory dwelling unit shall have independent exterior access from the
single-unit dwelling and may provide interior access to the single-unit dwelling.
3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction).
4. The junior accessory dwelling unit may be constructed in addition to an accessory
dwelling unit established on the lot with a proposed or existing single-unit dwelling. A
junior accessory dwelling unit is not permitted on a lot with a proposed or existing multi-unit dwelling.
F. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying
residential zoning district, any applicable overlay district, and all other applicable provisions of
Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan), including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria.
1. Minimum Lot Area. There shall be no minimum lot area required in order to establish
an accessory dwelling unit and/or junior accessory dwelling unit.
2. Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below:
a. For conversion of existing enclosed floor area, garage, or carport, no additional
setback is required, beyond the existing provided setback, unless a greater setback is
needed to comply with subsection (C)(3) of this section.
b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing setback provided, unless a greater setback is needed to comply with subsection (C)(3) of this section. This provision shall only
apply to accessory dwelling units and junior accessory dwelling units that are
replacing existing structures within the same footprint and do not exceed the existing structure’s size and/or height. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.
c. Attached and detached accessory dwelling units may provide a minimum setback
of four (4) feet from all side property lines and rear property lines not abutting an alley.
3. Building Height. Detached accessory dwelling units shall not exceed a height of eighteen (18) feet for structures with flat roofs and twenty (20) feet for structures with sloped roofs (minimum 3/12 pitch). Notwithstanding the foregoing, an accessory dwelling
unit constructed above a detached garage shall not exceed two (2) stories and the maximum allowable height of the underlying zoning district, provided all the following criteria are met:
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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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Figure 3-7
Walkout Basement Floor Area Limit Exception
6. Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall
not require fire sprinklers so long as fire sprinklers are not required for the principal residence, nor shall the construction of an accessory dwelling unit and/or junior accessory dwelling unit trigger a requirement for fire sprinklers to be installed in the existing single-unit or multi-unit dwelling.
7. Passageway. No passageway shall be required in conjunction with the construction
of an accessory dwelling unit and/or junior accessory dwelling unit. For the purposes of this section, “passageway” means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit.
8. Parking. Parking shall comply with requirements of Chapter 21.40 (Off-Street
Parking) except as modified below:
a. No additional parking shall be required for junior accessory dwelling units.
b. A maximum of one (1) parking space shall be required for each accessory dwelling unit.
c. When additional parking is required, the parking may be provided as tandem
parking and/or located on an existing driveway; however, in no case shall parking be
allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet.
d. No parking shall be required for:
i. Accessory dwelling units internal to a proposed principal residence or
converted from existing space of principal residence or existing accessory
structure;
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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.
I. Deed Restriction and Recordation Required.
1. Prior to the issuance of a building and/or grading permit for an accessory dwelling
unit and/or junior accessory dwelling unit, the property owner shall record a deed
restriction with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the owner-occupancy requirements, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction
shall remain in effect so long as the accessory dwelling unit and/or junior accessory
dwelling unit exists on the lot.
2. For properties in flood hazard areas, deed restriction shall also include notice to future owners that the unit is located within an area that may be subject to flooding or future flooding.
3. For properties located in low lying shoreline areas that may be subject to future sea
level rise, the property owner shall also record a waiver of future protection in compliance with Section 21.30.015(E)(5).
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historic shall
be approved ministerially, in conformance with California Government Code Sections
65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory
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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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