HomeMy WebLinkAboutPA2019-248_20200410_Part C_ADU RequestPart C
Local Coastal Program Amendment No. LC2019-008
Accessory Dwelling Units Regulations
Request to amend the certified Local Land Use Plan (CLUP) and Implementation Plan
(IP) of the City’s Local Coastal Program to incorporate regulations pertaining to Accessory
Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) in order to conform to
Government Code Sections 65852.2 and 65852.22. Specifically, the amendment would
update regulations permitting the development of ADUs and JADUs in all coastal
residential zoning districts.
Proposed Amendments
Enclosure No. 14 includes the proposed changes to the LCP to bring the City’s code into
compliance with Government Code Sections 65852.2 and 65852.22. In addition to the
mandated changes, the City of Newport Beach also included the following provisions:
• ADUs are permitted to exceed the 16’ height limit if they are constructed above a
detached garage. This provision was included as it was in previous ordinances.
• A five (5) foot rear alley setback has been required. The historical development
pattern of the City has resulted in narrow alleys not only being utilized by residents,
but they also provide critical emergency access to many properties. The five (5)
foot setback is essential to preserve vehicular maneuverability for residents and
fire and life safety personnel traveling through the City’s narrow alleyways.
• Within the Coastal Zone, replacement parking is required for garage conversions.
There is a limited public parking supply within the City’s coastal zone, which
maintains a high utilization rate resulting from the numerous visitors that come to
the City to enjoy the coastal resources. 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. While 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; 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, replacement parking for conversion of garages, carports, and
other covered parking is needed.
Notice of Availability
Pursuant to Section 13515 of the California Code of Regulations, review of the draft LCP
amendment was made available and a Notice of Availability was distributed on February
14, 2020. The notice was sent to all persons and agencies on the Notice of Availability
mailing list, posted on the City’s website, and made available for review at City Hall and
City library locations.
Public Participation
The proposed LCP amendment, and related Zoning Code Amendment, underwent the
public review process that included multiple noticed public hearings as follows:
February 20, 2020 Planning Commission- Noticed Public Hearing
March 10, 2020 City Council- Noticed Public Hearing
Match 24, 2020 City Council- 2nd Reading of Ordinance (Zoning Code Amendment)
The project was presented to the Planning Commission on February 20, 2020, at a
noticed public hearing. At the conclusion of the hearing, the Planning Commission voted
5-1 to recommend approval of the proposed amendments to the City Council.
The project then proceeded to the City Council where it was approved on March 10, 2020,
and with a second reading of the ordinance related to the Zoning Code amendment on
March 24, 2020. Upon Coastal Commission’s approval of the City’s proposed ADU
ordinance, the City Council will take final action to adopt an ordinance through a noticed
public hearing.
Notice of the public hearings was published in the Daily Pilot, the local adjudicated
newspaper, as a 1/8 page ad. Copies of the proof of publication is attached.
Environmental Review
The project is exempt under the California Environmental Quality Act (“CEQA”) pursuant
to Public Resources Code Section 21080.17 and Section 15282(h) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which exempts
adoption of an ordinance regarding second units to implement provisions of Sections
65852.2 and 65852.22 of the Government Code. Additionally, this project is categorically
exempt pursuant to Sections 15303 (New Construction or Conversion of Small
Structures) and 15305 (Minor Alterations in Land Use/Limitations). Similarly, the
ministerial approval of accessory dwelling units and junior accessory dwelling units is not
a “project” for CEQA purposes, and environmental review is not required prior to
approving individual applications.
Summary
A full copy of the Planning Commission and City Council staff report, resolutions,
ordinances, minutes, and public notices are attached.
Enclosures
Project Resolutions/Ordinances
1. City Council Ordinance No. 2020-9 Adopting Zoning Code Amendment
2. City Council Resolution No. 2020-24 Authorizing Submission of LCP Amendment
to CA Coastal Commission
3. Planning Commission Resolution No. PC2020-006 Recommending Approval of
Zoning Code Amendment
4. Planning Commission Resolution No. PC2020-007 Recommending Approval of
Local Coastal Program Code Amendment
Public Hearing Staff Reports and Minutes
5. City Council Staff Report – March 24, 2020
6. City Council Minutes – March 10, 2020
7. City Council Staff Report – March 10, 2020
8. Planning Commission Minutes – February 20, 2020
9. Planning Commission Staff Report – February 20, 2020
Public Notice Materials
10. City Council Notice and Proof of Publication – February 29, 2020
11. Planning Commission Notice and Proof of Publication – February 8, 2020
12. Notice of Availability of LCP Amendment
Other Materials
13. Correspondence
14. Proposed LCP Amendment