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HomeMy WebLinkAbout12 - Accessory Dwelling Unit Ordinance Update (PA2018-099)Q SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 11, 2018 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jaime Murillo, Senior Planner, imurillo(a�newportbeachca.gov PHONE: 949-644-3209 TITLE: Accessory Dwelling Unit Ordinance Update (PA2018-099) ABSTRACT: Proposed amendments to the City's Zoning Code and Local Coastal Program regarding Accessory Dwelling Units (ADU) regulations to conform with new state requirements that went into effect on January 1, 2018. The proposed amendments would update regulations permitting the development of ADUs in conjunction with single-family residences in all residential zoning districts, including two -unit and multiple residential zoning districts. RECOMMENDATION: 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. 2018-14, An Ordinance of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2018-003 to Implement Revisions to State Law Relating to Accessory Dwelling Units (PA2018-099), and pass to second reading on September 25, 2018; and d) Adopt Resolution No. 2018-65, A Resolution of the City Council of Newport Beach, California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2018-002 to the California Coastal Commission Implementing New State Law Requirements Relating to Accessory Dwelling Units (PA2018-099). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 12-1 Accessory Dwelling Unit Ordinance Update (PA2018-099) September 11, 2018 Page 2 BACKGROUND: In 2016, the State Legislature passed Assembly Bill 2299 (Bloom) and Senate Bill 1069 (Wieckowski) amending California Government Code Section 65852.2 related to ADUs, which took effect on January 1, 2017. The intent of the bills was to reduce barriers to the development of ADUs, which have been found to be an affordable -by -design type of in- fill housing. Cities with ordinances not in compliance with State law must use the State's more lenient ADU standards. To comply with State law, the City comprehensively updated its regulations permitting the development of ADUs with the adoption of Ordinance No. 2017-011 (Attachment C) by the City Council on August 8, 2017. Attachment D includes a summary of the current City - adopted ADU regulations. DISCUSSION: Recent Changes in State Law and Proposed Amendment In late 2017, the State Legislature passed Assembly Bill 494 (Bloom) and Senate Bill 229 (Wieckowski) further amending California Government Code Section 65852.2 related to ADUs, which took effect on January 1, 2018. The intent of these bills was to clarify the various provisions of the 2016 law to promote the development of ADUs. The following table summarizes the more significant changes in law and the City amendments needed, if any. Table 3 — Recent Changes in State Law & City Amendments Changes in State Law City Amendments Allowing ADUs to be built concurrently with a No proposed single-family residence, as opposed Existing ordinance provides for concurrent to only when an existing single-family construction of a new ADU with a new single residence exist on a lot family residence. Expanding zoning districts where ADUs can Yes be converted from existing floor area within a Amendment needed to permit ADU single-family residence or accessory structure conversions within existing single-family to include all zoning districts that allow single- residences located on two -unit (R -2/R -BI) and family uses, as opposed to single-family multiple (RM) residential zoned lots. Staff zoning districts only. recommends that ADUs also be allowed as new construction in two -unit and multi -unit zoning districts. See Location Section of report for further details. Reducing parking requirements for new ADU's Yes from one space required for one -bedroom Amendment needed to revise parking units and two spaces for two or more bedroom requirements for consistency. See Parking units, to a maximum of one space regardless Section of report for further details. of bedroom count Modifying fees from utilities, such as special No districts and water corporations. Affects other agencies. 12-2 Accessory Dwelling Unit Ordinance Update (PA2018-099) September 11, 2018 Page 3 Local agencies were previously only required No to submit a copy of adopted ordinances to the Staff has consulted with HCD and will submit State Department of Housing and Community an ordinance once adopted. Development (HCD) within 60 days of adoption. HCD now has the ability to review and comment on submitted ordinances. Location Current Regulations - Current regulations permit ADUs in single-family residential zoning districts and areas designated for single-family residential use as part of a Planned Community or Specific Plan. ADUs are currently prohibited in two -unit and multiple residential zoning districts. The rationale for the prohibition was that most two -unit and multiple residential zoned properties are located in coastal neighborhoods of the City with substandard lot sizes and impacted by a lack of on -street parking, such as Corona del Mar, Balboa Peninsula, Balboa Island, and West Newport. It was the City's position at the time that redevelopment should occur in conformance with current parking standards (2 spaces per unit) ensuring neighborhood compatibility and preservation of on -street parking for existing residents and visitors to the beaches. Proposed Regulations - Now that State law requires the approval of ADU conversions within single-family residences in any residential zone that allows single-family use (i.e., R-2 and RM zoned lots), staff believes it is appropriate to also allow ADUs as new construction in these same zoning districts for the followings reasons: • The minimum lot size requirement for an ADU consisting of new construction will remain at 5,000 square feet. The coastal neighborhoods where staff was concerned with overburdening the on -street parking consist mainly of sub- standard lots sizes less than 5,000 square feet; therefore, new ADUs would generally remain prohibited in such locations. • An ADU would be permitted only if developed in conjunction with a proposed or existing single-family dwelling. No additional units would be permitted, limiting development of the property to a total of two units maximum (principal dwelling and ADU). An ADU would be prohibited if two or more units are proposed or exist on the property. • The size of the ADU would be limited to 750 square feet, which typically accommodates a one bedroom unit. A new construction ADU would also require one parking space to be provided on-site (unless specific exceptions apply). One space is generally adequate for a unit of that size and is not expected to negatively impact the availability of on -street parking. • Most new duplexes that are constructed in the City are subdivided into condominiums; however, since ADUs are prohibited from being subdivided into condominiums, the ADU would remain as a permanent rental unit in the City. 12-3 Accessory Dwelling Unit Ordinance Update (PA2018-099) September 11, 2018 Page 4 • ADUs are prohibited from being rented for periods of less than 30 days. Therefore, problems associated with short-term lodging of units in two -unit and multiple residential zoning districts would be avoided. • The property owner is required to reside within either the principal unit or the ADU, which promotes owner occupancy, neighborhood stability and pride of ownership, as opposed to a duplex that is rented as an income-producing property and turn- over in tenants. Attachments E and F include exhibits illustrating where ADUs would be permitted as new construction (5,000 -square -foot minimum lots) and as conversions (no minimum lot size). Parking The current ordinance establishes flexible parking regulations in compliance with previous State law requirements, including a parking requirement of one space for one -bedroom or efficiency (small studio) units and two spaces required for a unit with two or more bedrooms. As a result of changes in State law, the proposed ordinance would require only one space per unit, regardless of bedroom count. Planning Commission Action The Planning Commission considered the proposed amendments on August 9, 2018. At the conclusion of the hearing, the Planning Commission unanimously voted to 7-0 to recommend approval of the proposed amendments to the City Council (Attachment G — Hearing Minutes). General Plan Consiste The law states that ADUs shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed a residential use that is consistent with the existing general plan and zoning district for the lot. Therefore, no amendments to the General Plan are required. Local Coastal Plan Similar to the Zoning Code, the Implementation Plan of the Local Coastal Program (LCP), currently regulates ADUs inconsistent with State law. Therefore, subsequent to City Council adoption of this amendment, staff will submit corresponding amendments (Attachment B) to the LCP for review and approval of the California Coastal Commission (CCC). This LCP amendment will be in addition to the LCP Amendment No. LC2017-03 (Attachment No. H) previously submitted to the CCC in 2017, and still under review. In accordance with CCC Guidance Memorandums, any eligible projects located in the Coastal Zone that qualify for a Coastal Development Permit (CDP) exemption will be processed consistent with the Zoning Code. Projects that do not qualify for an exemption cannot be processed until the LCP Amendment is approved and adopted. 12-4 Accessory Dwelling Unit Ordinance Update (PA2018-099) September 11, 2018 Page 5 Number of ADUs Permitted To date, the City has permitted one ADU as a conversion and three additional applications for conversions are pending. Additionally, the City has permitted three ADUs as new construction, with three additional applications for new construction pending. AItarnntivac The City Council may recommend revisions to the draft ordinance, such as changing where ADUs are allowed, minimum lot size, maximum unit sizes, design standards, etc., provided the revisions are consistent with State law limitations and are not arbitrary, excessive, burdensome, or unreasonably restricting the creation of ADUs. ENVIRONMENTAL REVIEW: The project is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states that the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" are exempt from the requirements of CEQA. Similarly, the ministerial approval of ADUs would not be a project for CEQA purposes, and environmental review would not be required prior to approving individual applications. NOTICING - Notice of this amendment was published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. The item also appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Additionally, notice was sent to all persons and agencies on the Notice of the Availability mailing list. ATTACHMENTS: Attachment A — Draft Ordinance (Zoning Code Amendment) Attachment B — Draft Resolution (Local Coastal Program Amendment) Attachment C — City Council Ordinance No. 2017-11 (Current ADU Regulations) Attachment D — Summary of Current ADU Regulations Attachment E — Exhibit of New Construction Locations Attachment F — Exhibit of Allowed Conversion Locations Attachment G — August 9, 2018, Planning Commission Hearing Minutes Attachment H — City Council Resolution No. 2017-51 (Previous LCP Amendment) Attachment I — Tracked Changes of Code Revisions 12-5 Attachment A Draft Ordinance (Zoning Code Amendment) 12-6 ORDINANCE NO. 2018-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT NO. CA2018-003 TO IMPLEMENT REVISIONS TO STATE LAW RELATING TO ACCESSORY DWELLING UNITS (PA2018-099) WHEREAS, State law (Senate Bill 229 and Assembly Bill 494, Statutes of 2017) requires jurisdictions to amend their local zoning ordinances to conform to California Government Code Section 65852.2; WHEREAS, Senate Bill 229 and Assembly Bill 494 are intended to address the State housing crisis by easing regulatory barriers for homeowners who choose to construct accessory dwelling units; WHEREAS, accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. In addition, homeowners who construct accessory dwelling units benefit from added income and increased sense of security, WHEREAS, allowing accessory dwelling units in conjunction with single-family residential development provides additional rental housing stock; WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; WHEREAS, adopting an ordinance consistent with California Government Code Section 65852.2 ensures that the character of the City of Newport Beach ("City") is preserved to the maximum extent possible and that the City's regulation regarding accessory dwelling units continues to promote the health, safety, and welfare of the community, WHEREAS, the City has designated areas where accessory dwelling units may be located, when permitted by California Government Code Section 65852.2, based in part upon adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety; WHEREAS, as permitted by California Government Code Section 65852.2, the City finds that prohibiting parking in rear alley setbacks is essential to preserve vehicular maneuverability for residents and fire -life safety personnel traveling through the City's narrow alleyways. In addition, prohibiting parking in front setbacks, unless located on a driveway with a minimum twenty -feet (20') in depth, is also essential to ensure that driveways are of sufficient depth to accommodate a vehicle entirely on-site without 12-7 Ordinance No. 2017 - Page 2 of 8 protruding into the public right-of-way and blocking pedestrian, bicyclist, and vehicular traffic creating a life safety condition. WHEREAS, a public hearing was held on August 9, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, on August 9, 2018, the Planning Commission adopted Resolution No. PC2018-025 by a unanimous vote (7-0), recommending approval of Zoning Code Amendment No. CA2018-003 to the City Council; WHEREAS, a public hearing was held on September 11, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5, of the California Code of Regulations, review drafts of LCP Amendment No. LC2018-002 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council public hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Newport Beach Municipal Code ("NBMC") Subsection 20.18.010(A) and (B) are amended to read as follows: A. R -A (Residential -Agricultural) Zoning District. The R -A zoning district is intended to provide for areas appropriate for detached single-family residential dwelling units and light farming uses, each located on a single legal lot; B. R-1 (Single -Unit Residential) Zoning District. The R-1 zoning district is intended to provide for areas appropriate for a range of detached single-family residential dwelling units; each located on a single legal lot, and does not include condominiums or cooperative housing. Section 2: Table 2-1 in NBMC Section 20.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: 12-8 Ordinance No. 2017 - Page 3 of 8 Land Use See Part 7 of this Implementation Plan for land use definitions. RM Specific Use See Chapter 20.12 for unlisted uses. R -A R-1 R -BI RMD Regulations R-2 Residential Uses Accessory Dwelling Units P P P p Section 20.48.200 Section 3: NBMC Section 20.48.200 (Senior Accessory Dwelling Units) 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 as defined in Part 7 (Definitions) and in the California Government Code Section 65852.2, or any successor statute, in single -unit residential zoning districts or areas designated for single unit 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. Review Authority. Accessory dwelling units shall be approved in conjunction with single -unit dwellings in all residential zoning districts, subject to the approval of the Director upon finding that the following conditions have been met: 1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards. Except as modified by this subsection, an accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria; unless the unit is contained within a legal, nonconforming structure and does not expand the nonconformity. 12-9 Ordinance No. 2017 - Page 4 of 8 1. Minimum lot area. A minimum lot area of five thousand (5,000) square feet, excluding submerged land area, shall be required in order to establish an accessory dwelling unit. 2. Setback requirements. Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located, except in cases where the minimum required garage setbacks differ from principal building setbacks, in which case the following applies: a. No additional setback shall be required for an existing garage that is converted to an accessory dwelling unit, provided that the side and rear setbacks comply with required Building Codes. b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage. 3. Building height. Detached accessory dwelling units shall not exceed one story and a height of 14 feet, unless the accessory dwelling unit is constructed above a garage, in which case the structure shall comply with the height limits of the underlying zoning district. 4. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area, or 50 percent of the existing floor area (excluding garage) of the principal unit, whichever is less. The minimum size of an accessory dwelling unit must be at least that of an efficiency unit. 5. Design. An accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. 6. Conversion of space within existing structure. Notwithstanding the provisions of subsections C(1), C(2), C(3), C(4) and C(5) above, an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single -unit dwelling or existing accessory structure, has independent exterior access from the existing dwelling, and the side and rear setbacks comply with required Building Codes, and if the accessory dwelling unit conforms with the following: a. For the purposes of this section, the portion of the single -unit dwelling or accessory structure must have been legally permitted and existing for a 12-10 Ordinance No. 2017 - Page 5 of 8 minimum of three years prior to the issuance of a permit to convert the space into an accessory dwelling unit. b. No new or separate utility connection may be required between the accessory dwelling unit and the utility service, such as water, sewer, and power. c. The property is located within a residential zoning district that permits single -unit dwellings and no more than one dwelling unit exists on the property. 7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the principal residence. 8. Passageway. No passageway shall be required in conjunction with the construction of an 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. 9. Parking. Parking shall comply with requirements of Chapter 20.40 (Off -Street Parking), except as modified below: 1. a. A minimum of one parking space shall be provided for an accessory dwelling unit. b. Such parking may be provided as tandem parking and/or may be located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley. c. No parking shall be required for: i. Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection (C)6. ii. Accessory dwelling units located within one-half mile of a public transit. For the purposes of this section "public transit" shall include a bus stop with fixed route bus service that provides transit service at 15 -minute intervals or better during peak commute periods. iii. Accessory dwelling units located within an architecturally and historically significant historic district. 12-11 Ordinance No. 2017 - Page 6 of 8 iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. 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 stay in a fixed location for at least 10 years and available to the public. d. If an accessory dwelling unit replaces an existing garage, replacement spaces must be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. D. Additional requirements for all accessory dwelling units. 1. Sale of units. The accessory dwelling unit shall not be sold separately from the principal dwelling. 2. Short-term lodging. The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed. Only one accessory dwelling unit may be located on the lot. 4. Existing development. A single -unit dwelling must exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot. E. Deed restriction and recordation required. Prior to the issuance of a Building and/or Grading Permit for an 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 and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. 12-12 Ordinance No. 2017 - Page 7 of 8 Section 4: The definition of "Dwelling Unit, Accessory ("Land Use") in NBMC Section 20.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: Dwelling Unit, Accessory (Land Use). A dwelling unit accessory to and attached to, detached from, or contained within, the principal dwelling unit on a site zoned for a single- family residential use. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code, or any successor statute. Section 5: NBMC Subsection 20.90.090(D) (Accessory Uses Permitted) is amended to include subpart 8, which shall read as follows: 8. Accessory dwelling unit in conformance with Section 20.48.200. Section 6: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 7: 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. Section 8: 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 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. 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 9: An amendment to the Local Coastal Program ("LCP") is also underway to comply with State law. This Zoning Code Amendment shall not become effective for projects located in the coastal zone for which the LCP is applicable until approval of the subject LCP amendment 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. 12-13 Ordinance No. 2017 - Page 8 of 8 Section 10: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 11: 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 Charier Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11 th day of September, 2018, and adopted on the 25th day of September, 2018, by the following vote, to-wit.- AYES, o-wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MARSHALL "DUFFY" DUFFIELD, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 12-14 Attachment B Draft Resolution (Local Coastal Program Amendment) 12-15 RESOLUTION NO. 2018-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2018-002 TO THE CALIFORNIA COASTAL COMMISSION IMPLEMENTING NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS (PA2018-099) WHEREAS, State law (Senate Bill 229 and Assembly Bill 494, Statutes of 2017) requires jurisdictions to amend their local zoning ordinances to conform to California Government Code Section 65852.2; WHEREAS, Senate Bill 229 and Assembly Bill 494 are intended to address the State housing crisis by easing regulatory barriers for homeowners who choose to construct accessory dwelling units; WHEREAS, accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. In addition, homeowners who construct accessory dwelling units benefit from added income and increased sense of security; WHEREAS, allowing accessory dwelling units in conjunction with single-family residential development provides additional rental housing stock, WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; WHEREAS, adopting an ordinance consistent with California Government Code Section 65852.2 ensures that the character of the City of Newport Beach ("City") is preserved to the maximum extent possible and that the City's regulation regarding accessory dwelling units continues to promote the health, safety, and welfare of the community; WHEREAS, the City has designated areas where accessory dwelling units may be located, when permitted by California Government Code Section 65852.2, based in part upon adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety, WHEREAS, as permitted by California Government Code Section 65852.2, the City finds that prohibiting parking in rear alley setbacks is essential to preserve vehicular maneuverability for residents and fire -life safety personnel traveling through the City's narrow alleyways. In addition, prohibiting parking in front setbacks, unless located on a driveway with a minimum twenty -feet (20') in depth, is also essential to ensure that driveways are of sufficient depth to accommodate a vehicle entirely on-site without 12-16 Resolution No. 2018 - Page 2 of 9 protruding into the public right-of-way and blocking pedestrian, bicyclist, and vehicular traffic, creating a life safety condition. WHEREAS, a public hearing was held on August 9, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, on August 9, 2018, the Planning Commission adopted Resolution No. PC2018-025 by a unanimous vote (7-0), recommending approval of Local Coastal Program ("LCP") Amendment No. LC2018-002 to the City Council; WHEREAS, a public hearing was held on September 11, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5, of the California Code of Regulations, review drafts of LCP Amendment No. LC2018-002 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The City Council does hereby authorize City staff to submit LCP Amendment No. LC2018-002 to the California Coastal Commission for review and approval, as attached in Exhibit A, and incorporated herein by reference. Section 2: LCP Amendment No. LC2018-002 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach. Section 3: The LCP including the proposed amendment 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, 12-17 Resolution No. 2018 - Page 3 of 9 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. Section 6: 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 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. 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 11th day of September, 2018. MARSHALL "DUFFY" DUFFIELD Mayor ATTEST: heilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Karon C. Harp City Attorney 12-18 Resolution No. 2018 - Page 4 of 9 EXHIBIT "A" Local Coastal Program Amendment No. LC2018-002 Section 1: Newport Beach Municipal Code (NBMC) Subsection 21.18.010(A) and (B) are amended to read as follows: A. R -A (Residential -Agricultural) Coastal Zoning District. The R -A Coastal Zoning District is intended to provide for areas appropriate for detached single-family residential dwelling units, and light farming uses, each located on a single legal lot, and does not include condominiums or cooperative housing. B. R-1 (Single -Unit Residential) Coastal Zoning District. The R-1 Coastal Zoning District is intended to provide for areas appropriate for a range of detached single- family residential dwelling units, each located on a single legal lot, and does not include condominiums or cooperative housing. Section 2: Table 21.18-1 in NBMC Section 21.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: Land Use See Part 7 of this Implementation Plan for land R -BI use definitions. R-1 R-2 RM Specific See Chapter 21.12 for unlisted R-2- RM- Use uses. R -A R-1-6,000 6,000 6,000 Regulations Residential Uses Accessory Dwelling Units Section 21.48.200 Section 3: Amend NBMC Section 21.48.200 (Accessory Dwelling Units) to read as follows, with all other provisions of Chapter 21.48 remaining unchanged: 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 as defined in Part 7 (Definitions) and in the California Government Code Section 65852.2, or any successor statute, in single -unit residential zoning districts or areas designated for single unit residential use, including as part of a Planned Community Development Plan or Specific Plan, and 12-19 Resolution No. 2018 - Page 5 of 9 to provide development standards to ensure the orderly development of these units in appropriate areas of the City. B. Review Authority. Accessory dwelling units shall be approved in conjunction with single -unit dwellings in all coastal residential zoning districts, subject to the approval of the Director upon finding that the following conditions have been met: 1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards. Except as modified by this subsection, an accessory dwelling unit shall conform to all requirements of the underlying residential coastal zoning district, any applicable overlay district, and all other applicable provisions of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria; unless the unit is contained within a legal, nonconforming structure and does not expand the nonconformity. 1. Minimum lot area. A minimum lot area of five thousand (5,000) square feet, excluding submerged land area, shall be required in order to establish an accessory dwelling unit. 2. Setback requirements. Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located, except in cases where the minimum required garage setbacks differ from principal building setbacks, in which case the following applies: a. No additional setback shall be required for an existing garage that is converted to an accessory dwelling unit, provided that the side and rear setbacks comply with required Building Codes. b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage. 3. Building height. Detached accessory dwelling units shall not exceed one story and a height of 14 feet, unless the accessory dwelling unit is constructed above 12-20 Resolution No. 2018 - Page 6 of 9 a garage, in which case the structure shall comply with the height limits of the underlying zoning district. 4. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area, or 50 percent of the existing floor area (excluding garage) of the principal unit, whichever is less. The minimum size of an accessory dwelling unit must be at least that of an efficiency unit. 5. Design. An accessory dwelling unit shall be designed and sited to: a. Be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials; b. Protect public access to and along the shoreline areas; c. Protect public views to and along the ocean and scenic coastal areas; d. Protect sensitive coastal resources; and e. Minimize and, where feasible, avoid shoreline hazards. 6. Conversion of space within existing structure. Notwithstanding the provisions of subsections C(1), C(2), C(3), C(4) and C(5) above, an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single -unit dwelling or existing accessory structure, has independent exterior access from the existing dwelling, and the side and rear setbacks comply with required Building Codes, and if the accessory dwelling unit conforms with the following: a. For the purposes of this section, the portion of the single -unit dwelling or accessory structure must have been legally permitted and existing for a minimum of three years prior to the issuance of a permit to convert the space into an accessory dwelling unit. b. No new or separate utility connection may be required between the accessory dwelling unit and the utility service, such as water, sewer, and power. 12-21 Resolution No. 2018 - Page 7 of 9 c. The property is located within a coastal residential zoning district that permits single -unit dwellings and no more than one dwelling unit exists on the property. 7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the principal residence. 8. Passageway. No passageway shall be required in conjunction with the construction of an 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. 9. Parking. Parking shall comply with requirements of Chapter 21.40 (Off -Street Parking), except as modified below: a. A minimum of one parking space shall be provided for an accessory dwelling unit. b. Such parking maybe provided as tandem parking and/or maybe located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley. c. No parking shall be required for: i. Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection (C)6. ii. Accessory dwelling units located within one-half mile of a public transit. For the purposes of this section "public transit" shall include a bus stop with fixed route bus service that provides transit service at 15 -minute intervals or better during peak commute periods. 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. v. When there is a car -share vehicle located within one block of the accessory dwelling unit. For the purposes of this section, "car - 12 -22 Resolution No. 2018 - Page 8 of 9 share vehicle" shall mean part of an established program intended to stay in a fixed location for at least 10 years and available to the public. d. If an accessory dwelling unit replaces an existing garage, replacement spaces must be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. D. Additional requirements for all accessory dwelling units. 1. Sale of units. The accessory dwelling unit shall not be sold separately from the principal dwelling. 2. Short-term lodging. The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed. Only one accessory dwelling unit may be located on the lot. 4. Existing development. A single -unit dwelling must exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot. E. Deed restriction and recordation required. Prior to the issuance of a Building and/or Grading Permit for an 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 and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. F. Coastal Development Permits. 1. Hearing Exemption. All of the provisions of Chapter 21.52 regarding the review and approval of Coastal Development Permits in relation to accessory dwelling 12-23 Resolution No. 2018 - Page 9 of 9 units are applicable, except that a public hearing as required by Chapter 21.62 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. 2. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64, coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealable 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. Section 4: The definition of "Dwelling Unit, Accessory (Land Use) in NBMC Section 21.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: Dwelling Unit, Accessory (Land Use). A dwelling unit accessory to and attached to, detached from, or contained within, the principal dwelling unit on a site zoned for a single- family residential use. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code, or any successor statute. 12-24 Attachment C City Council Ordinance No. 2017-11 (Current ADU Regulations) 12-25 ORDINANCE NO. 2017-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT NO. CA2017-003 TO IMPLEMENT NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS (PA2017-069) WHEREAS, State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016) requires jurisdictions to amend their local zoning ordinances to conform to California Government Code Section 65852.2, WHEREAS, Senate Bill 1069 and Assembly Bill 2299 are intended to address the State housing crisis by easing regulatory barriers for homeowners who choose to construct accessory dwelling units; WHEREAS, accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, and others, at or below market prices within existing neighborhoods; WHEREAS, homeowners who construct accessory dwelling units may benefit from added income and an increased sense of security; WHEREAS, allowing accessory dwelling units in single-family residential zones provides additional rental housing stock; WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; WHEREAS, adopting an ordinance consistent with California Government Code Section 65852.2 ensures that the character of the City of Newport Beach (City) is preserved to the maximum extent possible and that the City's regulation regarding accessory dwelling units continues to promote the health, safety, and welfare of the community; WHEREAS, the City has designated areas where accessory dwelling units may be located, when permitted by California Government Code Section 65852.2, based in part upon adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety; 12-26 Ordinance No. 2017-11 Page 2 of 8 WHEREAS, a public hearing was held on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. The Planning Commission continued the hearing to June 8, 2017; WHEREAS, a public hearing was held on June 8, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, on June 8, 2017, the Planning Commission adopted Resolution No. 2058 by a majority vote of 4-1, recommending approval of Zoning Code Amendment No. CA2017-003 to the City Council; and WHEREAS, a public hearing was held on July 25, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (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: NBMC Subsections 20.18.010(A) are amended to read as follows: A. R -A (Residential -Agricultural) Zoning District. The R -A zoning district is intended to provide for areas appropriate for detached single-family residential dwelling units, accessory dwelling units, and light farming uses, each located on a single legal lot; B. R-1 (Single -Unit Residential) Zoning District, The R-1 zoning district is intended to provide for areas appropriate for a range of detached single-family residential dwelling units and accessory dwelling units; each located on a single legal lot, and does not include condominiums or cooperative housing. Section 2: Table 2-1 in NBMC Section 20.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: Accessory Dwelling Units P P I --- I __7Section 20.48.200 12-27 Ordinance No. 2017-11 Page 3 of 8 Section 3: Table 2-2 in NBMC Section 20.18.030 (Development Standards for Single -Unit Residential Zoning Districts) is amended, in part, as to the "Density/Intensity" row as follows- Density/i ntensity Each legal lot shall be allowed one single -unit detached dwelling. In addition, one accessory dwelling unit may be allowed pursuant to Section 20.48.200. Section 4: NBMC Subsection 20.30.110(D) (Allowed Encroachments into Setback Areas) is amended to add subpart 16 to read as follows: 16. Accessory Dwelling Units. Accessory dwelling units may be established within required setback areas in compliance with the requirements of Section 20.48.200 (Accessory Dwelling Units). Section 5: Table 3-10 in NBMC Section 20.40.040 (Off -Street Parking Requirements) is amended, in part, as to the "Accessory Dwelling Units" row as follows: Accessory Dwelling Units As required per Section 20.48.200 Section 6: NBMC Section 20.48.200 (Senior Accessory Dwelling Units) 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 as defined in Part 7 (Definitions) and in the California Government Code Section 65852.2, or any successor statute, in single -unit residential zoning districts or areas designated for single-family residential use 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. Review Authority. Accessory dwelling units shall be approved in all single -unit residential zoning districts subject to the approval of the Director upon finding that the following conditions have been met: 1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards. Except as modified by this subsection, an accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria; unless the unit is contained within a legal, nonconforming structure and does not expand the nonconformity. 12-28 Ordinance No. 2017-11 Page 4 of 8 1. Minimum lot area. A minimum lot area of five thousand (5,000) square feet, excluding submerged land area, shall be required in order to establish an accessory dwelling unit. 2. Setback requirements. Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located, except in cases where the minimum required garage setbacks differ from principal building setbacks, in which case the following applies: a. No additional setback shall be required for an existing garage that is converted to an accessory dwelling unit, provided that the side and rear setbacks comply with required Building Codes. b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage. 3. Building height. Detached accessory dwelling units shall not exceed one story and a height of 14 feet, unless the accessory dwelling unit is constructed above a garage, in which case the structure shall comply with the height limits of the underlying zoning district. 4. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area, or 50 percent of the existing floor area (excluding garage) of the principal unit, whichever is less. 5. Design. An accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. 6. Conversion of space within existing structure. Notwithstanding the provisions of subsections C(1), C(2), C(3), C(4) and C(5) above, an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single -unit dwelling or existing accessory structure, has independent exterior access from the existing dwelling, and the side and rear setbacks comply with required Building Codes, and if the accessory dwelling unit conforms with the following: a. For the purposes of this section, the portion of the single -unit dwelling or accessory structure must have been legally permitted and existing for a minimum of three years prior to the issuance of a permit to convert the space into an accessory dwelling unit. b. No new or separate utility connection may be required between the accessory dwelling unit and the utility service, such as water, sewer, and power. 7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the principal residence. 12-29 Ordinance No. 2017-11 Page 5 of 8 8. Passageway. No passageway shall be required in conjunction with the construction of an 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. 9. Parking. Parking shall comply with requirements of Chapter 20.40 (Off - Street Parking), except as modified below: a. One parking space required for one -bedroom or efficiency unit; two parking spaces required for unit with two or more bedrooms, b. Such parking maybe provided as tandem parking and/or maybe located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley. c. No parking shall be required for: Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection (C)5. Accessory dwelling units located within one-half mile of a public transit. For the purposes of this section "public transit" shall include a bus stop with fixed route bus service that provides transit service at 15 -minute intervals or better during peak commute periods. iii. Accessory dwelling unit is located within an architecturally and historically significant district. iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit, 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 stay in a fixed location for at least 10 years and available to the public, d. If an accessory dwelling unit replaces an existing garage, replacement spaces must be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. D. Additional requirements for all accessory dwelling units. 1. Sale of units. The accessory dwelling unit shall not be sold separately from the principal dwelling. 12-30 Ordinance No. 2017-11 Page 6of8 2. Short-term lodging. The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed. Only one accessory dwelling unit may be located on the lot. 4. Existing development. A single -unit dwelling must exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot. E. Deed restriction and recordation required. Prior to the issuance of a Building and/or Grading Permit for an 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 and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. Section 7: The definition of "Accessory Dwelling Unit (Land Use)" in NBMC Section 20.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: Accessory Dwelling Unit (Land Use). See "Dwelling Unit, Accessory." Section 8: The definition of "Dwelling Unit, Senior Accessory (Land Use) in NBMC Section 20.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows.. Dwelling Unit, Accessory (Land Use). A dwelling unit accessory to and attached to, detached from, or contained within, the principal dwelling unit on a site zoned for a single-family dwelling. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code, or any successor statute. Section 9: Subpart 8 in NBMC Subsection 20.90.060(D) (Accessory Uses Permitted) is amended to read as follows: 8. Accessory dwelling unit in conformance with Section 20.48.200. 12-31 Ordinance No. 2017-11 Page 7 of 8 Section 10: Subpart 8 in NBMC Subsection 20.90.070(D) (Accessory Uses Permitted) is amended to read as follows: 8. Accessory dwelling unit in conformance with Section 20.48.200. Section 11: Subpart 8 in NBMC Subsection 20.90.080(D) (Accessory Uses Permitted) is amended to read as follows: 8. Accessory dwelling unit in conformance with Section 20.48.200. Section 12: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 13: 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. Section 14: 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 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. 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 15: An amendment to the Local Coastal Program (LCP) is also underway to comply with State law. This Zoning Code Amendment shall not become effective for projects located in the coastal zone for which the LCP is applicable until approval of the subject LCP amendment 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 16: 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. Section 17: 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, 12-32 Ordinance No. 2017-11 Page 8 of 8 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25'h day of July, 2017, and adopted on the 8th day of August, 2017, by the following vote, to -wit: AYES: Council Member Scott Peotter, Council Member Jeff Herdman Council Member Brad Avery, Council Member Diane Dixon, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: NM LL Q ;'KAYO R ATTEST: NEW LEiLANI I. BRMN, CITY CLERK APPROVED AS TO FORM: o�< CITY AT EY'S OFFICE AAR . HARP, CITY ATTORNEY 12-33 STATE OF CALIFORNIA If 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; that the foregoing ordinance, being Ordinance No. 2017-11 was duly introduced on the 251h day of July, 2017 at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 81h day of August, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 91h day of August, 2017. _%V/ STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } %L'xORNi 9�jmli �- Nyr)"-, Leilani I. Brown, MMC City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2017-11 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: 2017. Introduced Ordinance: July 29, 2017 Adopted Ordinance: August 12, 2017 In witness whereof, I have hereunto subscribed my name this day of Leilani I. Brown, MMC City Clerk City of Newport Beach, California 12-34 Attachment D Summary of Current ADU Regulations 12-35 Attachment D Summary of Current Regulations Through the adoption of an ordinance, cities have the ability to regulate certain aspects of ADUs, such as location, lot size, unit size, parking, and aesthetics, depending on circumstances. Additional regulations were adopted to protect neighborhood character and minimize impacts, including the following: 1) limiting ADUs to single-family residential zoning districts only; 2) establishing a minimum lot size of 5,000 square feet or greater and a maximum unit size of 750 square feet for new construction ADUs; and 3) establishing height and design standards to minimize the appearance of two units on a lot. The standards that apply to ADUs depend on whether the proposed ADU will be: 1) newly constructed; or, 2) converted from an existing living space. The standards applicable to ADUs developed through additions or new construction are summarized in Table 1. The standards applicable to ADUs converted from an existing living space are summarized in Table 2. All ADU's require the recordation of a deed restriction requiring owner occupancy of either the principal unit or ADU on the property, and prohibiting the use of the ADU for short- term lodging. Table 1- Current City Standards ADUs Requiring Additions or New Construction Standard Current City Standard Location Single-family residential zoning districts and similar Planned Community or Specific Plan areas. ADUs prohibited in two-family and multi -family zoning districts. Minimum Lot 5,000 square feet or greater. Size Unit Size 750 square feet maximum, or 50 percent of the existing floor area (excluding garage) of the principal unit, whichever is less. Aesthetics Design: Similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. Height: Attached - same height limit as principal unit Detached - limited to 14 feet in height Passageways Not required. This is an exemption from Building Code requiring a pathway, clear to the sky, from street to entrance of ADU. Setbacks Per Zoning Code, except setbacks are not required for an existing garage that is converted to an ADU, and a setback of no more than 5 feet from a side or rear lot line is required for an ADU that is constructed above a garage. 12-36 Parking A maximum of one space required per unit or bedroom, whichever is greater. Current City Standards No modifications to State standards allowed Spaces may be provided as uncovered parking, tandem parking on driveway Within an existing single-family residence or accessory structure on a single- family residential zoned lot. or mechanical lifts. No parking required if within half -mile of public transit stop No limitation. or one block of a car -share vehicle program. Fire ADUs are not required to provide fire sprinklers if they were not required for Sprinklers the principal residence. Utilities Connection fees or capacity charges must be proportionate to the impact of the ADU based on either its size or number of plumbing fixtures. Table 2- Current City Standards ADUs Contained Entirely within Existing Structures Standard Current City Standards No modifications to State standards allowed Location Within an existing single-family residence or accessory structure on a single- family residential zoned lot. Minimum Lot Size No limitation. Unit Size No limitation. Parking No additional parking required. Utilities No new or separate utility connections or connections fees. 12-37 Attachment E Exhibit of New Construction Locations 12-38 UPPER NEWPORT - BAY I•���` ORO ,F R qs� Hoaes � •r I 41 j40NrGNWA �';' �" �i �•. xewa«r • oyes ry �� ar nirvs�u .: istaxo � w rw Y� •••�'�q� FCLIDO IS ,f�•••,•• ISLE issa • � � "El SAL FASHI ISLAIJ ■ • BOA ISLAND ��i .♦F ♦ o J 9F PACIFIC CEA Residential Zoned Lots 5,000 sf or Greater Eligible for Accessory Dwelling Unit New Constructions Planned Communities - Single -Family Equivalent Lots okr, 6,299 eligible lots out of 7,480 total lots 84% Conventional Zoning - R -A; R-1; R-1-6000; R-1-7200; R-1-10000; SP-7(Single-Family Lots) 6,827 eligible lots out of 11,350 total lots 60% EL Conventional Zoning - R-2, RM, and SP -7 (Mulitple Unit) 640 eligible lots out of 4,459 total lots 14% ■ ■ ■ 1 BUS ROUTE 47 ADU's eligible for parking exemptions 0 0 0 1 BUS ROUTE 55 D—if located within 1/2 mile of bus route *Transit service at 15 minute intervals or better during peak commute periods NEWPORT RIDGE R, oC 2, Oq v , F MPMA CRYSTAL COVE STATE PARK NEWPORTSEACHo o.s , City of Newport Beach GIS • eGIS Division Miles July 31, 2018 12-39 Attachment F Exhibit of Allowed Conversion Locations 12-40 Tr% 2*1*11 3` 3 NT,*�OMFASH/O w"" H asssa�aa RIDGE RT ISL o A ��� i � Ne _J tF �r • . _ o Roc `�lL,11�-_- ryp > T AFwPQar LIDO ARM ISLE ISLE is�arvo .., c o \ BALBOA ISLAND FP_ ^•.r.'_=�.r �O ?� c P ry907 �y 90 . 9 PACIFIC OCEAN W I ,, Residential Zoned Lots WE' Eligible for Accessory Dwelling Unit Conversion (within Coastal Zone) - CoastalZoneBoundary Planned Communities - Single -Family Equivalent Lots 518 total lots Coastal Zoning- R -A; R-1; R-1-6000; SP-7(Single-Family Lots) 5,316 total lots - Conventional Zoning - R-2, RM, and SP -7 (Mulitple Unit) 3,272 total lots WPORT k z COAST 0 CRYSTAL COVE STATE PARK NEWPORT BEACH e o os 1 GI5 f �- Miles Cy � ♦4 �annn City of Newport Beach GIS Division July 31, 2018 12-42 Attachment G Draft August 9, 2018, Planning Commission Hearing Minutes 12-43 ITEM NO. 5 ACCESSORY DWELLING UNIT ORDINANCE (PA2018-099) Site Location: Residential Zones Citywide Summary: Amendments to the Zoning Code and Local Coastal Program revising the City's regulations pertaining to Accessory Dwelling Units (ADU) to conform with Government Code Section 65852.2, as amended and effective on January 1, 2018. Specifically, the amendment would establish regulations permitting the development of accessory dwelling units in conjunction with single-family residences in all residential zoning districts. Recommended Action: 1. Conduct a public hearing; 2. Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; 3. Adopt Resolution No. PC2018-025 recommending the City Council approve Zoning Code Amendment No. CA2018-003 modifying regulations pertaining to accessory dwelling units; and 4. Adopt Resolution No. PC2018-026 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2018-002 to the California Coastal Commission. Senior Planner Jaime Murillo reported staff proposes changes to the Zoning Code pertaining to Accessory Dwelling Units (ADU) in response to changes in state law that became effective in 2018. Both state law and City regulations treat new construction of and conversion to an ADU separately. For conversions the existing ordinance requires approval of an ADU located within any existing single-family dwelling or within an accessory structure on a single -family -zoned lot. The City cannot regulate unit size or require additional parking. The City can ensure the side and rear setbacks are sufficient for fire safety. With respect to new construction, the City requires ADUs to be constructed in single-family zoning districts only, to be constructed on lots containing a minimum of 5,000 square feet, to contain no more than 750 square feet, and designed to match the principal structure. In addition, detached ADUs are limited to one story with a maximum height of 14 feet. One parking space per bedroom with a maximum of two parking spaces is required for new construction of ADUs, and the spaces may be uncovered, tandem, or utilize mechanical lifts. The City cannot require additional parking if an ADU is located within one-half mile of a transit stop or within a block of a carshare program. Under the latest revisions to state regulations, a maximum of one parking space per ADU, regardless of the bedroom count, is required in new construction. Conversion of existing space to an ADU is allowed within any existing single-family dwelling located in a single- family or multifamily zoning district. Staff also proposes a revision to allow new construction of an ADU on a multifamily -zoned lot. New construction would be limited to lots containing a minimum of 5,000 square feet and one single-family residence, to 750 square feet in size, and to requiring one parking space. Requirements for owner occupancy of one of the dwelling units and prohibitions against short-term rental of ADUs would remain in effect. Staff recommends the Planning Commission recommend Council adoption of the proposed amendments to the Zoning Code and submission of a Local Coastal Program (LCP) amendment to the California Coastal Commission. With City Council approval of the amendments, staff will submit them to the California Department of Housing and Community Development (HCD). Staff has communicated with HCD staff regarding the proposed amendments and does not anticipate HCD commenting on the amendments. In reply to Commissioners' queries, Senior Planner Murillo clarified that in new construction the combined floor area of the main living structure and the ADU must comply with the maximum floor area allowance for the site. Section 3(C) of the Planning Commission Resolution addresses ADU conformance to all other applicable provisions of the Municipal Code. ADUs may be rented for periods longer than 30 days. ADUs may contain less than 750 square feet. An ADU must have facilities for food preparation, sanitation, and sleeping. There are no Americans with Disabilities Act (ADA) requirements for ADUs. If a planned community allows single-family development, ADUs would be allowed per the City's regulations. However, many planned communities have existing Covenants, Conditions and Restrictions (CC&Rs) and homeowner associations that prohibit second dwelling units; however, state law does not supersede CC&Rs. Chair Zak opened the public hearing. 1 of 2 12-44 NEWPORT BEACH PLANNING COMMISSION 8/9/2018 Jim Mosher remarked that staff proposes amending the LCP, which is still pending before the California Coastal Commission. Perhaps the proposed amendment should be substituted for the pending amendment. Chair Zak closed the public hearing. Motion made by Commissioner Kramer and seconded by Vice Chair Weigand to find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h); adopt Resolution No. PC2018- 025 recommending the City Council approve Zoning Code Amendment No. CA2018-003 modifying regulations pertaining to accessory dwelling units; and adopt Resolution No. PC2018-026 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2018-002 to the California Coastal Commission. AYES: Zak, Weigand, Kleiman, Dunlap, Kramer, Lowrey, Koetting NOES: None ABSTAIN: None ABSENT: None In reply to Commissioner Koetting's request for additional information, Senior Planner Murillo advised that three applications for new construction of ADUs and five applications for conversion to ADUs have been submitted since adoption of the ordinance. 2 of 2 12-45 Attachment H City Council Resolution No. 2017-51 (Previous LCP Amendment) 12-46 RESOLUTION NO. 2017-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-003 TO THE CALIFORNIA COASTAL COMMISSION IMPLEMENTING NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS (PA2017-069) WHEREAS, State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016) requires jurisdictions to amend their local zoning ordinances to conform to California Government Code Section 65852.2; WHEREAS, Senate Bill 1069 and Assembly Bill 2299 are intended to address the State housing crisis by easing regulatory barriers for homeowners who choose to construct accessory dwelling units; WHEREAS, accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, and others, at below market prices within existing neighborhoods; WHEREAS, homeowners who construct accessory dwelling units may benefit from added income and an increased sense of security; WHEREAS, allowing accessory dwelling units in single-family residential zones provides additional rental housing stock; WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; WHEREAS, adopting an ordinance consistent with California Government Code Section 65852.2 ensures that the character of the City of Newport Beach (City) is preserved to the maximum extent possible and that the City's regulation regarding accessory dwelling units continues to promote the health, safety, and welfare of the community; WHEREAS, the City has designated areas where accessory dwelling units may be located, when permitted by California Government Code Section 65852,2, based in part upon adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety; 12-47 Resolution No. 2017-51 Page 2 of 3 WHEREAS, a public hearing was held on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. The Planning Commission continued the hearing to June 8, 2017; WHEREAS, a public hearing was held on June 8, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, on June 8, 2017, the Planning Commission adopted Resolution No. 2057 by a majority vote of 4-1, recommending approval of Local Coastal Program Amendment No. LC2017-003 to the City Council; WHEREAS, a public hearing was held on July 25, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5, of the California Code of Regulations, review drafts of LCP Amendment No. LC2017-003 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize City staff to submit LCP Amendment No. LC2017-003 to the California Coastal Commission for review and approval, as attached in Exhibit A, and incorporated herein by reference. Section 2: LCP Amendment No. LC2017-003 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach. Section 3: The LCP including the proposed amendment will be carried out fully in conformity with the California Coastal Act. 12-48 Resolution No. 2017-51 Page 3of3 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. Section 6: 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 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. 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. /2 ADOPTED this 251h day of July, 2017. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Kevin Muldoo Mayor / Z-1ORNIP1 12-49 EXHIBIT "A" Local Coastal Program Amendment No. LC2017-003 Section 1: Amending Chapter 2.0 (Land Use and Development) of the Coastal Land Use Plan to add Policy 2.7-5 as follows, with all other provisions of the Coastal Land Use Plan remaining unchanged: 2.7-5. Administer the provisions of Government Code Section 65852.2 relative to the development of accessory dwelling units to increase the supply of lower-cost housing in the coastal zone and meet the needs of existing and future residents while respecting the architectural character of existing neighborhoods and in a manner consistent with the LCP and any-@Rplicable policies from Chapter 3 of the Coastal Act. . Section 2: Newport Beach Municipal Code (NBMC) Subsection 21.18.010(A) and (B) are amended to read as follows: A. R -A (Residential -Agricultural) Coastal Zoning District. The R -A Coastal Zoning District is intended to provide for areas appropriate for detached single-family residential dwelling units -accessory dwelling units, and light farming uses, each located on a single legal lot, and does not include condominiums or cooperative housing. B. R-1 (Single -Unit Residential) Coastal Zoning District, The R-1 Coastal Zoning District is intended to provide for areas appropriate for a range of detached single-family residential dwelling units and accessory dwelling units, each located on a single legal lot, and does not include condominiums or cooperative housing. Section 3: Table 21.18-1 in NBMC Section 21.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: Accessory Dwelling Units A A ___ Section 21.48.200 Section 4: Table 21.18-2 in NBMC Section 21,18.030 (Residential Coastal Zoning Districts General Development Standards) is amended, in part, as to the "Density/Intensity" row as follows: Density/intensity Each legal lot shall be allowed one single -unit detached dwelling. In addition one accessory dwelling unit may be allowed. Section 5: NBMC Subsection 21.31.110(D) (Allowed Encroachments into Setback Areas) is amended to add subpart 16 to read as follows: 16. Accessory Dwelling Units. Accessory dwelling units may be established within required setback areas in compliance with the requirements of Section 21.48.200 (Accessory Dwelling Units). 12-50 Section 6: Table 3-10 in NBMC Section 21.41.040 (Off -Street Parking Requirements) is amended, in part, as to the "Accessory Dwelling Units" row as follows: Accessory Dwelling Units 7 nar iini# n Minirn .r. C 7 .+.. er$ite- As required per Section 21.48.200 Section 7: Amend NBMC Chapter 21.48 to add Section 21.48.200 (Accessory Dwelling Units) to read as follows, with all other provisions of Chapter 21.48 remaining unchanged: 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 as defined in Part 7 Definitions and in the California Government Code Section 65852.2 or any successor statute in single -unit residential zoning districts or areas designated for single-family residential use 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. Review Authority. Accessory dwelling units shall be approved in all single -unit residential coastal zoning districts or areas designated for single-family residential use as part of a Planned Community Development Plan or Specific Plan sub'ect to the approval of the Director upon finding that the following conditions have been met: 1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards. Except as modified by this subsection, an accessory dwellin unit shall conform to all requirements of the underlying residential coastal zoning district any applicable overlay district and all other applicable -provisions of this Code including but not limited to height, setback site coverage, floor area limit and residential development standards and design criteria unless the unit is contained within a legal, nonconforming structure and does not expand the nonconformity. 1. Minimum lot area. A minimum lot area of five thousand (5,00QLsCjuare feet excluding submerged land area shall be required in order to establish an accessory dwelling unit. 2. Setback requirements. Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located except in cases where the minimum required garaple setbacks differ from principal buildin setbacks in which case the following, applies: a. No additional setback shall be required for an existing garage that is converted to anaccessor dwelling unitProvided that the side and rear setbacks comply with required Building Codes. b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage, 12-51 3. Buildinq height. Detached accessory dwelling units shall not exceed onestor and a hei ht of 14 feet unless the accessory dwelling unit is constructed above a garage, in which case the structure shall comply with the height limits of the underlying zoning district. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area or 50 percent of the existing floor area(excluding arae of the principal unit whichever is less. 5. Design. An accessory dwelling unit shall be designed and sited to: a. Be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials; b. Protect public access to and along the shoreline areas c. Protect public views to and along the ocean and scenic coastal areas: d. Protect sensitive coastal resources• and e. Minimize and where feasible avoid shoreline hazards. 6. Conversion of space within existing structure. Notwithstanding the provisions of subsections C 1 C(2), C(3), C(4) and C(5) above an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single -unit dwelling or existing accessory structure, has independent exterior access from the existing dwelling,and the side and rear setbacks comply with required Building Codes and if the accessory dwelling unit conforms with the following: For the purposes of this section the portion of the single -unit dwelling or accessory structure must have been legally ermitted and existing for a minimum of three years prior to the issuance of a permit to convert the space into an accessory dwelling unit. No new or separate utility connection may be required between the accessory dwelling unit and the utility service such as water, sewer, and power. 7. Fire -sprinklers. Accesso dwelling units shall not be required to provide firesprinklers if they are not required for the principal residence. Passageway. No passageway shall be required in con'unction with the construction of an 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. Parking. Parking shall compIV with requirements of Chapter 21.40 Off -Street Parkin except as modified below: 12-52 One parkinq space required for one -bedroom or efficiency unit; two parking spaces required for unit with two or more bedrooms. Such parking may be provided as tandem parking and/or may be located on an existing driveway: however, in no case shall parking be allowed in a rear setback abutting an alley. c. No parking shall be required for: i. Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection �5_ ii. Accessory dwellinq units located within one-half mile of a public transit. For the purposes of this section "public transit" shall include a bus stop with fixed route bus service that provides. transit service at 15 -minute intervals or better during peak commute periods. iii. Accessory dwelling unit is located within an architecturally and historically significant district. iv. When on -street Parking permits are required but not offered to the occupant of the accessory dwelling unit. 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 stay in a fixed location for at least 10 years and available to the public. If an accessory dwelling unit replaces an existing arae replacement spaces must be provided. When a garage, carport, or covered parking structure is demolished in con unction with the construction of an accessory dwelling unit any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit including but not limited to as covered spaces, uncovered spaces, or tandems aces or by the use of mechanical automobile parking lifts. 12-53 D. Additional requirements for all accessory dwellinq units. 1. Sale of units. The accessory dwelling unit shall not be sold separately from the principal dwelling. 2. Short-term lodging, The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed. Only one accessory dwelling unit may be located on the lot. 4. Existing development. A single -unit dwelling must exist on the lot or shall be constructed on the lot in con'unction with the construction of the accessory dwelling unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied bV at least one person having an ownership interest in the lot. E. Deed restriction and recordation required. Prior to the issuance of a Building and/or Grading Permit for an accessory dwelling unit the -p—roperty 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 and restrictions on short-term rentals. This deed restriction shall remain in effect so lonq as the accessory dwelling unit exists on the croperty. F. Coastal Development Permits. Hearing Exemption. All of the provisions of Chapter 21.52 regarding the review and approval of Coastal Development Permits in relation to accessordwellin units are applicable, except that a public hearing as required by Chapter 21.62 shall not be re uired. 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. 2. Appeal Exemption. Notwithstandinq the local appeal provisions of Chapter 21.64 coastal development permits for accessory dwelling units that are defined as appealable development" pursuant to Section 21.64.035(A) may be direct) appealable to the Coastal Commission in accordance with the provisions of Section 21.64.035 without a discretionary heartby the Planning Commission or Cily Council. Section 8: The definition of "Accessory Dwelling Unit (Land Use) in NBMC Section 21.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: Accessory Dwelling Unit (Land Use). See "Dwelling Unit, Senior Accessory." Section 9: The definition of "Dwelling Unit, Senior Accessory (Land Use) in NBMC Section 21.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: 12-54 Dwelling Unit Accesso Land Use). A dwelling unit accessory to and attached to detached from or contained within the principal dwelling unit on a site zoned for a single-family dwelling. An accessory dwelling unit also includes the following_ Anefficienc unit as defined in Section 17958.1 of the Health and Safety Code or an successor statute. A manufactured home as defined in Section 18007 of the Health and Safety Code or an successor statute. Section 10: Subpart 8 in NBMC Subsection 21.90.060(D) (Accessory Uses Permitted) is amended to read as follows: B. Accessory dwelling unit in conformance with Section 21.48.200, 12-55 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; that the foregoing resolution, being Resolution No. 2017-51 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 251h day of July, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 261h day of July, 2017. Leilani I. ffrown City Clerk Newport Beach, California I 102Lr FOR© 12-56 Attachment I Tracked Changes of Code Revisions 12-57 Zoning Code Amendment No. CA2018-003 Title 20 (Zoning Code) Changes Section 1: Newport Beach Municipal Code (NBMC) Subsection 20.18.010(A) and (B) are amended to read as follows: A. R -A (Residential -Agricultural) Zoning District. The R -A zoning district is intended to provide for areas appropriate for detached single-family residential dwelling units, ^r„ dwelling up4c and light farming uses, each located on a single legal lot; B. R-1 (Single -Unit Residential) Zoning District. The R-1 zoning district is intended to provide for areas appropriate for a range of detached single-family residential dwelling units and aGGessery dwelliRg „nits; each located on a single legal lot, and does not include condominiums or cooperative housing. Section 2: Table 2-1 in NBMC Section 20.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: Land Use See Part 7 of this Implementation Plan for land use definitions. R -BI RM Specific Use See Chapter 20.12 for unlisted uses. R -A R-1 RMD Regulations R-2 Residential Uses Accessory Dwelling Units P P P P Section 20.48.200 Section 3: NBMC Section 20.48.200 (Senior Accessory Dwelling Units) 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 as defined in Part 7 (Definitions) and in the California Government Code Section 65852.2, or any successor statute, in single -unit residential zoning districts or areas designated for single-4n4ly unit residential use, including as part of a Planned Community Development Plan or Specific Plan, 12-58 and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. B. Review Authority. Accessory dwelling units shall be approved in all singlo_„ni+ residential zening distrin conjunction with single -unit dwellings in all residential zoning districts, subject to the approval of the Director upon finding that the following conditions have been met: 1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards. Except as modified by this subsection, an accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria; unless the unit is contained within a legal, nonconforming structure and does not expand the nonconformity. Minimum lot area. A minimum lot area of five thousand (5,000) square feet, excluding submerged land area, shall be required in order to establish an accessory dwelling unit. 2. Setback requirements. Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located, except in cases where the minimum required garage setbacks differ from principal building setbacks, in which case the following applies: a. No additional setback shall be required for an existing garage that is converted to an accessory dwelling unit, provided that the side and rear setbacks comply with required Building Codes. b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage. 3. Building height. Detached accessory dwelling units shall not exceed one story and a height of 14 feet, unless the accessory dwelling unit is constructed above a garage, in which case the structure shall comply with the height limits of the underlying zoning district. 4. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area, or 50 percent of the existing floor area (excluding 12-59 garage) of the principal unit, whichever is less. The minimum size of an accessory dwelling unit must be at least that of an efficiency unit. 5. Design. An accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. 6. Conversion of space within existing structure. Notwithstanding the provisions of subsections C(1), C(2), C(3), C(4) and C(5) above, an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single -unit dwelling or existing accessory structure, has independent exterior access from the existing dwelling, and the side and rear setbacks comply with required Building Codes, and if the accessory dwelling unit conforms with the following: a. For the purposes of this section, the portion of the single -unit dwelling or accessory structure must have been legally permitted and existing for a minimum of three years prior to the issuance of a permit to convert the space into an accessory dwelling unit. b. No new or separate utility connection may be required between the accessory dwelling unit and the utility service, such as water, sewer, and power. c. The property is located within a residential zoning district that permits sinale-unit dwellinas and no more than one dwellina unit exists on the Property. 7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the principal residence. 8. Passageway. No passageway shall be required in conjunction with the construction of an 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. 9. Parking. Parking shall comply with requirements of Chapter 20.40 (Off -Street Parking), except as modified below - 1 . elow:1. a. A minimum of one One parking space shall be provided for an accessory dwellingunit. required for one bedrri�reffTc;enGy unit; twe parkin spaces required fer Unit with two er mere bedrooms b. Such parking may be provided as tandem parking and/or may be located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley. 12-60 c. No parking shall be required for: i. Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection (C) ii. Accessory dwelling units located within one-half mile of a public transit. For the purposes of this section "public transit" shall include a bus stop with fixed route bus service that provides transit service at 15 -minute intervals or better during peak commute periods. 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. 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 stay in a fixed location for at least 10 years and available to the public. d. If an accessory dwelling unit replaces an existing garage, replacement spaces must be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling 12-61 unit, including but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. D. Additional requirements for all accessory dwelling units. 1. Sale of units. The accessory dwelling unit shall not be sold separately from the principal dwelling. 2. Short-term lodging. The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed. Only one accessory dwelling unit may be located on the lot. 4. Existing development. A single -unit dwelling must exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot. E. Deed restriction and recordation required. Prior to the issuance of a Building and/or Grading Permit for an 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 and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. Section 4: The definition of "Dwelling Unit, Accessory (Land Use) in NBMC Section 20.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows Dwelling Unit, Accessory (Land Use). A dwelling unit accessory to and attached to, detached from, or contained within, the principal dwelling unit on a site zoned for a single- family dweflipg- esidential use. An accessory dwelling unit also includes the following: An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or any successor statute. A manufactured home, as defined in Section 18007 of the Health and Safety Code, or any successor statute. Section 5: NBMC Subsection 20.90.090(D) (Accessory Uses Permitted) is amended to include subpart 8, which shall read as follows: 8. Accessory dwellina unit in conformance with Section 20.48.200. 12-62 Local Coastal Program Amendment No. LC2018-002 Title 21 (Local Coastal Program Implmentation Plan) Changes Section 1: Newport Beach Municipal Code (NBMC) Subsection 21.18.010(A) and (B) are amended to read as follows: A. R -A (Residential -Agricultural) Coastal Zoning District. The R -A Coastal Zoning District is intended to provide for areas appropriate for detached single-family residential dwelling units, aGGeCcor., dwelling Wnito and light farming uses, each located on a single legal lot, and does not include condominiums or cooperative housing. B. R-1 (Single -Unit Residential) Coastal Zoning District. The R-1 Coastal Zoning District is intended to provide for areas appropriate for a range of detached single-family residential dwelling units and aGGesser„ dwelling snits, each located on a single legal lot, and does not include condominiums or cooperative housing. Section 2: Table 21.18-1 in NBMC Section 21.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: Land Use See Part 7 of this Implementation Plan for land R -BI use definitions. R-1 R-2 RM Specific See Chapter 21.12 for unlisted R-2- RM- Use uses. R -A R-1-6,000 6,000 6,000 Regulations Residential Uses Accessory Dwelling Units Section 21.48.200 Section 3: Amend NBMC Section 21.48.200 (Accessory Dwelling Units) to read as follows, with all other provisions of Chapter 21.48 remaining unchanged: 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 as defined in Part 7 (Definitions) and in the California Government Code Section 65852.2, or any successor statute, in single -unit residential zoning districts or areas designated for single-family unit 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. Review Authority. Accessory dwelling units shall be approved in all singleunitresidential Coastal Zeninry distriGts in conjunction with single -unit dwellings in all coastal residential zoning districts or areas designated for single family residential use as part of a Planned 12-63 Community Development Plan or cnoi+ifi�ne subject to the approval of the Director upon finding that the following conditions have been met: 1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards. Except as modified by this subsection, an accessory dwelling unit shall conform to all requirements of the underlying residential coastal zoning district, any applicable overlay district, and all other applicable provisions of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria; unless the unit is contained within a legal, nonconforming structure and does not expand the nonconformity. 1. Minimum lot area. A minimum lot area of five thousand (5,000) square feet, excluding submerged land area, shall be required in order to establish an accessory dwelling unit. 2. Setback requirements. Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located, except in cases where the minimum required garage setbacks differ from principal building setbacks, in which case the following applies: a. No additional setback shall be required for an existing garage that is converted to an accessory dwelling unit, provided that the side and rear setbacks comply with required Building Codes. b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage. 3. Building height. Detached accessory dwelling units shall not exceed one story and a height of 14 feet, unless the accessory dwelling unit is constructed above a garage, in which case the structure shall comply with the height limits of the underlying zoning district. 4. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area, or 50 percent of the existing floor area (excluding garage) of the principal unit, whichever is less. The minimum size of an accessory dwelling unit must be at least that of an efficiency unit. 12-64 5. Design. An accessory dwelling unit shall be designed and sited to: a. Be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials; b. Protect public access to and along the shoreline areas; c. Protect public views to and along the ocean and scenic coastal areas; d. Protect sensitive coastal resources; and e. Minimize and, where feasible, avoid shoreline hazards. 6. Conversion of space within existing structure. Notwithstanding the provisions of subsections C(1), C(2), C(3), C(4) and C(5) above, an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single -unit dwelling or existing accessory structure, has independent exterior access from the existing dwelling, and the side and rear setbacks comply with required Building Codes, and if the accessory dwelling unit conforms with the following: a. For the purposes of this section, the portion of the single -unit dwelling or accessory structure must have been legally permitted and existing for a minimum of three years prior to the issuance of a permit to convert the space into an accessory dwelling unit. b. No new or separate utility connection may be required between the accessory dwelling unit and the utility service, such as water, sewer, and power. c. The property is located within a coastal residential zoning district that permits single -unit dwellings and no more than one dwelling unit exists on the property. 7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the principal residence. 8. Passageway. No passageway shall be required in conjunction with the construction of an 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. 9. Parking. Parking shall comply with requirements of Chapter 21.40 (Off -Street Parking), except as modified below: 12-65 a. A minimum of one One parking space shall be provided for an accessory dwelling unit. required for one_hedroem er effirie RGY ,,nit• tWE) parking coarse required for ,,nit with two or more bedrooms b. Such parking may be provided as tandem parking and/or may be located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley. c. No parking shall be required for: i. Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection (C)56. ii. Accessory dwelling units located within one-half mile of a public transit. For the purposes of this section "public transit' shall include a bus stop with fixed route bus service that provides transit service at 15 -minute intervals or better during peak commute periods. 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. 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 stay in a fixed location for at least 10 years and available to the public. d. If an accessory dwelling unit replaces an existing garage, replacement spaces must be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. 12-66 D. Additional requirements for all accessory dwelling units. Sale of units. The accessory dwelling unit shall not be sold separately from the principal dwelling. 2. Short-term lodging. The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed. Only one accessory dwelling unit may be located on the lot. 4. Existing development. A single -unit dwelling must exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot. E. Deed restriction and recordation required. Prior to the issuance of a Building and/or Grading Permit for an 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 and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. F. Coastal Development Permits. Hearing Exemption. All of the provisions of Chapter 21.52 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 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. 2. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64, coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealable 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. Section 4: The definition of "Dwelling Unit, Accessory (Land Use) in NBMC Section 21.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: 12-67 Dwelling Unit, Accessory (Land Use). A dwelling unit accessory to and attached to, detached from, or contained within, the principal dwelling unit on a site zoned for a single-family dwe"iRg residential use. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code, or any successor statute. 12-68