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HomeMy WebLinkAbout13 - Accessory Dwelling Unit Ordinance Update — Amending the Zoning Code (Title 20) and Local Coastal Program (Title 21)TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report January 22, 2019 Agenda Item No. 13 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL 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 — Amending the Zoning Code (Title 20) and Local Coastal Program (Title 21) (PA2018-099) ABSTRACT: Proposed amendments to the City's Zoning Code and Local Coastal Program (LCP) regarding Accessory Dwelling Units (ADU) regulations are needed to conform with new state requirements that went into effect on January 1, 2018. The amendments 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. The amendments also incorporate modifications consistent with California Coastal Commission's (CCC) October 12, 2018, approval. 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 Council of the City of Newport Beach, California, Amending Title 20 of the Newport Beach Municipal Code and 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 February 12, 2019; d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-1, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 21 of the Newport Beach Municipal Code and Adopting Local Coastal Program Amendment No. LC2017-003, as Modified by the California Coastal Commission (Accepting Their Suggested Modifications), Implementing New State Law Requirements Relating to Accessory Dwelling Units (PA2018-099), and pass to second reading on February 12, 2019; and 13-1 Accessory Dwelling Unit Ordinance Update — Amending the Zoning Code (Title 20) and Local Coastal Program (Title 21) (PA2018-099) January 22, 2019 Page 2 e) Adopt Resolution No. 2019-8, A Resolution of the City Council of the City of Newport Beach, California, Amending the Coastal Land Use Plan of the Local Coastal Program Adding Policy 2.7-5 Related to Accessory Dwelling Units (PA2018-099). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 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 are considered to be an affordable -by -design type of in -fill housing. As a result, cities can no longer prohibit ADUs and cities with ordinances not in compliance with State law must use the State's more lenient ADU standards. 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. Specifically, these revisions required changes to the City adopted regulations to expand the districts where ADUs can be developed to include all zoning districts that allow single-family uses, as opposed to single-family zoning districts only. These revisions also limit the maximum number of parking spaces that can be required for a new ADU to one space. DISCUSSION: Required Amendments In order to bring the City's Municipal Code regulations pertaining to the development of ADUs in compliance with State law, amendments to both the Zoning Code (Title 20) and Implementation Plan of the Local Coastal Program (Title 21) are required. In addition, a new policy (2.7-5) is required to be added to the Coastal Land Use Plan of the Local Coastal Program. Zoning Code Amendment (Title 20) The City comprehensively updated its Zoning Code regulations permitting the development of ADUs with the adoption of Ordinance No. 2017-011 (Attachment D) by the City Council on August 8, 2017. This ordinance became non-compliant with subsequent changes in State law that went into effect in 2018; therefore, the proposed Zoning Code Amendment No. CA2018-003 (Ordinance 2018-14, Attachment A) is required to bring the City's Zoning Code regulations into compliance. 13-2 Accessory Dwelling Unit Ordinance Update — Amending the Zoning Code (Title 20) and Local Coastal Program (Title 21) (PA2018-099) January 22, 2019 Page 3 The City Council previously considered the proposed amendment on September 11, 2018, and unanimously voted 7-0 to introduce the ordinance; however, minor revisions have since been made to make parking regulations within the Zoning Code consistent with the Coastal Commission modifications to the LCP regulations discussed below. Therefore, the City Council will need to re -introduce the ordinance. Local Coastal Program Amendment — Implementation Plan (Title 21) Similar to the Zoning Code, the Implementation Plan of the Local Coastal Program, needs to be amended to regulate ADUs consistent with State law. The LCP regulates properties in the Coastal Zone and any amendments to the LCP must also be reviewed and approved by the CCC. On July 25, 2017, the City Council adopted Resolution No. 2017- 51 (Attachment E) authorizing staff to submit LCP Amendment No. LC2017-003 to the CCC for review and approval. On October 12, 2018, the CCC approved LCP Amendment No. LC2017-003 (LCP-5- NPB-17-0084-1) with suggested modifications to incorporate revisions to State law that went into effect in 2018 (Attachment F). The modifications were consistent with the proposed language in Zoning Code Amendment No. CA2018-003, with the exception of two additional changes pertaining to parking. An analysis of these two changes is included as Attachment No. G and are supported by staff. For LCP Amendment No. LC2017-003 to become effective, the City Council must accept the suggested modifications certified by the California Coastal Commission and introduce and adopt Ordinance No. 2019-1 (Attachment B). Local Coastal Program Amendment - Coastal Land Use Plan Policy Addition LCP Amendment No. LC2017-003 also includes an amendment to the Coastal Land Use Plan of the LCP to include the addition of Policy 2.7-5 (Attachment C). The policy was added at the request of California Coastal Commission staff to provide a policy basis for the proposed implementing regulations in the Implementation Plan of the LCP. The policy reads as follows: 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 applicable policies from Chapter 3 of the Coastal Act. Proposed Regulations Through the adoption of an ordinance, cities have the limited ability to regulate certain aspects of ADUs, such as location, lot size, unit size, parking, and aesthetics, depending on circumstances. The proposed ordinances include additional regulations to protect neighborhood character and minimize impacts, including the following: 1) establishing a minimum lot size of 5,000 square feet or greater; 2) establishing 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. Attachment H includes a summary of the proposed ADU regulations. 13-3 Accessory Dwelling Unit Ordinance Update — Amending the Zoning Code (Title 20) and Local Coastal Program (Title 21) (PA2018-099) January 22, 2019 Page 4 Plannina Commission Action The Planning Commission considered the proposed amendments on August 9, 2018. At the conclusion of the hearing, the Planning Commission unanimously voted 7-0 to recommend approval of the proposed amendments to the City Council (Attachment I — Hearing Minutes). General Plan Consistency 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. Alternatives The City Council may recommend revisions to the draft ordinances, 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. However, any further changes will require resubmittal of such changes to the Coastal Commission for review and approval, resulting in additional delays to achieving compliance with State law. 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. 13-4 Accessory Dwelling Unit Ordinance Update — Amending the Zoning Code (Title 20) and Local Coastal Program (Title 21) (PA2018-099) January 22, 2019 Page 5 ATTACHMENTS: Attachment A — Draft Ordinance (Zoning Code Amendment- Title 20) Attachment B — Draft Ordinance (Local Coastal Program Amendment- Title 21) Attachment C — Draft Resolution (Local Coastal Program Amendment- CLUP Policy) Attachment D — City Council Ordinance No. 2017-011 (Current ADU Regulations) Attachment E — City Council Resolution No. 2017-51 (LC2017-003 Authorization) Attachment F — October 12, 2018, Coastal Commission Approval and Modifications Attachment G — Analysis of Coastal Commission Suggested Parking Modifications Attachment H — Summary of Proposed ADU Regulations Attachment I — August 9, 2018, Planning Commission Hearing Minutes City Council 13-5 ATTACHMENT A ORDINANCE NO. 2018-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AND 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; 13-6 Ordinance No. 2018-14 Page 2 of 10 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 (20) feet in depth, is also essential to ensure that driveways are of sufficient depth to accommodate a vehicle entirely on-site without protruding into the public right-of-way and blocking pedestrian, bicyclist, and vehicular traffic creating a life safety condition; 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; WHEREAS, on September 11, 2018, the City Council by a unanimous vote (7-0), introduced Ordinance No. 2018-14 approving Zoning Code Amendment No. CA2018- 003; WHEREAS, on October 12, 2018, the California Coastal Commission approved LCP Amendment Request No. 4-17 Part B (LCP-5-NPB-17-0084-1), which included LCP Amendment No. LC2017-003 with modifications to incorporate more recent changes in State law (Senate Bill 229 and Assembly Bill 494, Statutes of 2017) that became effective January 1, 2018; WHEREAS, as a result of the Coastal Commission's action, Zoning Code Amendment No. CA2018-003 was modified to make it consistent with the modifications in Coastal Commission's approval of LCP Amendment No. 2017-003 on October 12, 2018, and 13-7 Ordinance No. 2018-14 Page 3 of 10 WHEREAS, a public hearing was held on January 22, 2019, 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 NEMC. 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: Newport Beach Municipal Code ("NBMC") Subsections 20.18.010(A) and (B) are hereby 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 hereby amended, in part to the "Accessory Dwelling Units" row as follows: 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-2 13 RIVID Regulations R-2 Residential Uses Accessory Dwelling Units P P P P Section 20.48.200 Section 3: NBMC Section 20.48.200 (Accessory Dwelling Units) is hereby amended in its entirety to read as follows: 13-8 Ordinance No. 2018-14 Page 4 of 10 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 of this title (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, and 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. 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. 13-9 Ordinance No. 2018-14 Page 5 of 10 b. A setback of no more than five (5) 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 (1) story and a height of fourteen (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 seven hundred fifty (750) square feet of floor area, or fifty (50) percent of the existing floor area (excluding garage) of the principal unit, whichever is less. The minimum size of an accessory dwelling unit shall 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 shall have been legally permitted and existing for a minimum of three (3) 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; and c. The property is located within a residential zoning district that permits single -unit dwellings and no more than one (1) dwelling unit exists on the property. 13-10 Ordinance No. 2018-14 Page 6 of 10 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: a. A maximum of one (1) parking space shall be required 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: Accessory dwelling unit converted as part of a proposed or existing principal residence or existing accessory structure; 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 fifteen (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; or V. When there is a car -share vehicle located within one block of the accessory dwelling unit. For the purposes of this section, "car - share vehicle" shall mean part of an established program intended to stay in a fixed location for at least ten (10) years and available to the public. 13-11 Ordinance No. 2018-14 Page 7 of 10 d. If an accessory dwelling unit replaces an existing garage, replacement spaces shall 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 thirty (30) days. 3. Number of units allowed. Only one (1) accessory dwelling unit may be located on the lot. 4. Existing development. A single -unit dwelling shall 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 (1) 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. 13-12 Ordinance No. 2018-14 Page 8 of 10 Section 4: The definition of "Dwelling unit, accessory (land use)" in NBMC Section 20.70.020 (Definitions of Specialized Terms and Phrases) is hereby amended to read as follows: Dwelling unit, accessory (Land Use) means 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; and 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 hereby amended to include subpart 8, which shall read as follows: 8. Accessory dwelling unit in conformance with Section 20.48.200. Section 6: 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 7: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 8: 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. 13-13 Ordinance No. 2018-14 Page 9 of 10 Section 9: The City Council finds the introduction and adoption of this ordinance is not subject to 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 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 Charter Section 414. This ordinance was reintroduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of January, 2019, and adopted on the 12th day of February, 2019, by the following vote, to -wit: AYES: NAYS: RECUSED: ABSENT: DIANE B. DIXON, MAYOR 13-14 Ordinance No. 2018-14 Page 10 of 10 ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP. CITY ATTORNEY 13-15 ATTACHMENT B ORDINANCE NO. 2019-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 21 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-003, AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION (ACCEPTING THEIR SUGGESTED MODIFICATIONS), IMPLEMENTING NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS (PA2018-099) WHEREAS, Section 30500 of the Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, the California Coastal Commission ("Coastal Commission") effectively certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, LCP Amendment No. LC2017-003 is necessary to address changes in State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016, and Senate Bill 229 and Assembly Bill 494, Statutes of 2017) that require jurisdictions to amend their local zoning ordinances to conform to California Government Code Section 65852.2, WHEREAS, Senate Bills 1069 and 229, and Assembly Bills 2299 and 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; 13-16 Ordinance No. 2019 - Page 2 of 12 WHEREAS, adopting an ordinance consistent with California Government Code Section 65852.2 ensures that the character of the 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 (20) feet) in depth, is also essential to ensure that driveways are of sufficient depth to accommodate a vehicle entirely on-site without protruding into the public right-of-way and blocking pedestrian, bicyclist, and vehicular traffic, creating a life safety condition; WHEREAS, public hearings were held on May 4, 2017 and June 8, 2017 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. Notices of time, place and purpose of the public hearings were 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 these public hearings; WHEREAS, on June 8, 2017, the Planning Commission adopted Resolution No. 2057 by a majority vote of 4-1, recommending approval of LCP 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 NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; 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; 13-17 Ordinance No. 2019 - Page 3 of 12 WHEREAS, on July 25, 2017, the City Council adopted Resolution No. 2017-51 approving LCP Amendment No. LC2017-003 and authorizing City staff to submit LCP Amendment No. LC2017-003 to the California Coastal Commission; WHEREAS, Resolution No. 2017-51 specified LCP Amendment No. LC2017-003 shall not become effective until approval by the Coastal Commission and adoption, including any modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council; WHEREAS, on October 12, 2018, the California Coastal Commission approved LCP Amendment Request No. 4-17 Part B (LCP-5-NPB-17-0084-1), which included LCP Amendment No. LC2017-003 with modifications to incorporate more recent changes in State law (Senate Bill 229 and Assembly Bill 494, Statutes of 2017) that became effective January 1, 2018; WHEREAS, as a result of the Coastal Commission's action, language in the Implementation Plan portion of LCP Amendment No. LC2017-003 has been modifed to make it consistent with Coastal Commission's approval on October 12, 2018; and WHEREAS, a public hearing was held on January 22, 2019, 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. NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: Section 1: Table 21.18-1 in NBMC Section 21.18.020(C) (Allowed Uses and Permit Requirements) is hereby amended, in part, as to the "Accessory Dwelling Units" row to read as follows: 13-18 Ordinance No. 2019 - Page 4 of 12 Land Use See Part 7 of this Implementation Plan for land R -BI use definitions. R-2 RM Specific See Chapter 21.12 for unlisted R-1 R-2- RM- Use uses. R -A R-1-6,000 6,000 6,000 Regulations Residential Uses Accessory Dwelling Units Section 2: Table 21.18-2 in NBMC Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) is hereby amended, in part, as to the "Density/Intensity" row to read as follows: Den sityllntensity Each legal lot shall be allowed one single -unit detached dwelling. In addition, one accessory dwelling unit may be allowed. Section 3: NBMC Subsection 21.30.110(D) (Allowed Encroachments into Setback Areas) is hereby 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). Section 4: Table 21.40-1 in NBMC Section 21.40.040 (Off -Street Parking Requirements) is hereby amended, in part, as to the "Accessory Dwelling Units" row to read as follows: Accessory Dwelling Units As required per Section 21.48.200 Section 5: The chapter titles and heading for NBMC Chapter 21.48 are hereby amended to read: 13-19 Ordinance No. 2019 - Page 5 of 12 Chapter 21.48 STANDARDS FOR SPECIFIC LAND USES Sections: 21.48.010 Purpose. 21.48.025 Visitor Accommodations. 21.48.035 Newport Harbor. 21.48.045 Light Industrial Uses. 21.48.055 Public Beaches. 21.48.085 Public Trust Lands. 21.48.115 Short -Term Lodging. 21.48.200 Accessory Dwelling Units. Section 6: NBMC Section 21.48.200 (Accessory Dwelling Units) is hereby added to read as follows: 21.48.200 Accessory Dwelling Units A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units 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 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. 13-20 Ordinance No. 2019 - Page 6 of 12 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. 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; 13-21 Ordinance No. 2019 - Page 7 of 12 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: 13-22 Ordinance No. 2019 - Page 8 of 12 a. A maximum of one parking space shall be required 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: Accessory dwelling unit converted as part of a proposed or existing principal residence or existing accessory structure. 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. D. Additional requirements for all accessory dwelling units. 13-23 Ordinance No. 2019 - Page 9 of 12 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 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. 13-24 Ordinance No. 2019 - Page 10 of 12 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 7: The definition of "Accessory Dwelling Unit (Land Use)" in NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases) is hereby amended to read as follows: Accessory Dwelling Unit (Land Use). See, Dwelling unit, accessory (Land Use) Section 8: The definition of "Dwelling unit, senior accessory (land use)" in NBMC Section 21.70.020 (Definitions of Specialized Terms and Phrases) is hereby amended to read as follows: Dwelling unit, accessory (Land Use) means 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 9: Subpart 8 in NBMC Subsection 21.90.060(D) (Accessory Uses Permitted) is hereby amended to read as follows: 8. Accessory dwelling unit in conformance with Section 21.48.200. Section 10: The LCP, including LCP Amendment No. LC2017-003, shall be carried out in full conformance with the California Coastal Act. Section 11: The City Council of the City of Newport Beach, California, hereby amends NBMC Title 21 to adopt LCP Amendment No. LC2017-003 with Coastal Commission's suggested modifications. 13-25 Ordinance No. 2019 - Page 11 of 12 Section 12: The City Council hereby authorizes City staff to submit this ordinance for determination by the Executive Director of the Coastal Commission that this action is legally adequate to satisfy the specific requirements of Coastal Commission's October 12, 2018 action on LCP Amendment Request No. 4-17 Part B (LCP-5-NPB-17-0053-1). Section 13: This ordinance shall not become effective for thirty (30) days and until the Executive Director of the Coastal Commission certifies that this ordinance complies with the Coastal Commission's October 12, 2018 action on LCP Amendment Request No. 4-17 Part B (LCP-5-NPB-17-0084-1). Section 14: The recitals provided above are true and correct and are incorporated into the operative part of this ordinance. Section 15: 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 16: The City Council finds the introduction and adoption of this ordinance is not subject to 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 an accessory dwelling unit is not a "project" for CEQA purposes, and environmental review is not required prior to approving individual applications. Section 17: Except as specifically modified in this ordinance, all other sentences, paragraphs, subsections, sections, chapters, and titles of the NBMC shall remain unchanged and in effect. Section 18: 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. 13-26 Ordinance No. 2019 - Page 12 of 12 Section 19: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, California, held on the 22nd day of January, 2019, and adopted on the 12th day of February, 2019, by the following vote to -wit: I d0.1 'if WAY&I .�x6hb91111 ABSENT: DIANE B. DIXON, MAYOR ATTEST: LEILANI BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S 90fNCE AARON C. HARP, CITY ATTORNEY 13-27 ATTACHMENT C RESOLUTION NO. 2019- 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE COASTAL LAND USE PLAN OF THE LOCAL COASTAL PROGRAM TO ADD POLICY 2.7-5 RELATING TO ACCESSORY DWELLING UNITS (PA2018-099) WHEREAS, Section 30500 of the Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, the California Coastal Commission ("Coastal Commission") effectively certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, LCP Amendment No. LC2017-003 is necessary to address changes in State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016, and Senate Bill 229 and Assembly Bill 494, Statutes of 2017) that require jurisdictions to amend their local zoning ordinances to conform to California Government Code Section 65852.2; WHEREAS, Senate Bills 1069 and 229, and Assembly Bills 2299 and 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, it is necessary to amend the Coastal Land Use Plan to include a new policy to provide a basis for the proposed implementing regulations of the Implementation Plan of the LCP and to allow for the administration of California Government Code Section 65852.2 in a manner consistent with the LCP and applicable policies of the Coastal Act; 13-28 Resolution No. 2019 - Page 2 of 4 WHEREAS, public hearings were held on May 4, 2017 and June 8, 2017 in the Council Chambers located at 100 Civic Center Drive, Newport Beach. Notices of time, place and purpose of the public hearings were 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 these public hearings; WHEREAS, on June 8, 2017, the Planning Commission adopted Resolution No. 2057 by a majority vote of 4-1, recommending approval of LCP 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 NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; 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; WHEREAS, on July 25, 2017, the City Council adopted Resolution No. 2017-51 approving LCP Amendment No. LC2017-003 and authorizing City staff to submit LCP Amendment No. LC2017-003 to the California Coastal Commission; WHEREAS, Resolution No. 2017-51 specified LCP Amendment No. LC2017-003 shall not become effective until approval by the Coastal Commission and adoption, including any modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council; WHEREAS, on October 12, 2018, the California Coastal Commission approved LCP Amendment Request No. 4-17 Part B (LCP-5-NPB-17-0084-1), which included LCP Amendment No. LC2017-003 with modifications to language in the Implementation Plan to incorporate more recent changes in State law (Senate Bill 229 and Assembly Bill 494, Statutes of 2017) that became effective January 1, 2018; WHEREAS, as a result of the Coastal Commission's action, language in the Implementation Plan portion of LCP Amendment No. LC2017-003 has been modified to make it consistent with Coastal Commission's approval on October 12, 2018; and 13-29 Resolution No. 2019 - Page 3 of 4 WHEREAS, a public hearing was held on January 22, 2019, 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 NEMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: Chapter 2.0 (Land Use and Development) of the Coastal Land Use Plan is hereby amended 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 applicable policies from Chapter 3 of the Coastal Act. Section 2: The LCP, including LCP Amendment No. LC2017-003, shall be carried out in full conformance with the California Coastal Act. Section 3: The City Council hereby authorizes City staff to submit this resolution for determination by the Executive Director of the Coastal Commission that this action is legally adequate to satisfy the specific requirements of Coastal Commission's October 12, 2018 action on LCP Amendment Request No. 4-17 Part B (LCP-5-NPB-17-0053-1). 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. 13-30 Resolution No. 2019 - Page 4 of 4 Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This resolution shall not become effective for thirty (30) days and until the Executive Director of the Coastal Commission certifies that this resolution complies with the Coastal Commission's October 12, 2018 action on LCP Amendment Request No. 4-17 Part B (LCP-5-NPB-17-0084-1). ADOPTED this 22nd day of January 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 13-31 Attachment D City Council Ordinance No. 2017-11 (Current ADU Regulations) 13-32 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; 13-33 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 --- --- Section 20.48.200 13-34 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. 13-35 Ordinance No. 2017-11 Page 4of8 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. 13-36 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. 13-37 Ordinance No. 2017-11 Page 6 of 8 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. 13-38 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 NEMC 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. 13-39 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 25th 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: NMlL --MAYOR ATTEST: NEW LEILANI I. BR?DWN, CITY CLERK APPROVED AS TO FORM: o�< CITY AT EY'S OFFICE AAR HARP, CITY ATTORNEY 13-40 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 8th 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. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } %L'xO RNi qomli�-Nyo, 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 13-41 Attachment E City Council Resolution No. 2017-51 (LC2017-003 Authorization) 13-42 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; 13-43 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. 13-44 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. /% ADOPTED this 25th day of July, 2017. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE E- (�J Aaron C. Harp City Attorney Kevin Muldoo Mayor / Z1'oaslr-, 13-45 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-gp Elicable 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 . 13-46 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 1 per L4nit; a m.injmurn of 2 G9V9F6d notc 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 submect 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 5 000 s ware feet excluding submerged land area shall be re uired in order to establish an accessory dwelling unit. 2. Setback requirements. Accessory dwelling units shall comply with the setback re uirements 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 existinq 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. 13-47 3. Buildinq 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 underlyinq 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. B. 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. Firesprinklers. Accessory_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: 13-48 One parking 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 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 orovides. transit service at 15 -minute intervals or better durinq 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. 13-49 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 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 -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 lonq as the accessory dwelling unit exists on the crocerty. 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 accessory-dwellingunits 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 hearinq 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 hearing by 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, Seniof 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: 13-50 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. 13-51 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. ETrown City Clerk Newport Beach, California I 102Lf FOR© 13-52 Attachment F October 12, 2018, Coastal Commission Approval and Modifications 13-53 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office CEIVEp cn 6y 200 Oceangate, Suite 1000 COMMUNITY Long Beach, CA 90802-4302 DEVELOPMENT (562)590-5071 OCT 22 2018 Patrick Alford, Planning Program Manager CITY OF City of Newport Beach *'PraREPe''� 100 Civic Center Drive Newport Beach CA 92660 October 16, 2018 3J% Re: City of Newport Beach LCP Amendment Request No. 4-17 Part B - Accessory Dwelling Units (LCP-5-NPB- 17-0084- 1) Dear Mr. Alford: You are hereby notified that the California Coastal Commission, at its October 12; 2018 meeting -in San Diego, approved City of Newport Beach Local Coastal Program (LCP) Amendment No. 4-17 Part B with suggested modifications. The amendment to the Land Use Plan (LUP) and Implementation Plan (IP) portions of the Newport Beach certified LCP will add provisions for the regulation of Accessory Dwelling Units (ADUs). The LCP amendment will be. fully effective once: 1. The City of Newport Beach City Council adopts the Commission's suggested modifications, 2. The City of Newport Beach City Council forwards the adopted suggested modifications to the Commission by Resolution, and, 3. The Executive Director certifies that the City has complied with the Commission's October 12, 2018 action. The Coastal Act requires that the City's adoption of the suggested modifications be completed within six (6) months of the Commission's action. Pursuant to the Commission's action on October 12, 2018, certification of LCP Amendment No. 4-17 Part B is subject to the attached Suggested Modifications (Attachment "A"). Thank you for your cooperation and we look forward to working with you and your staff in the future. If you have any questions regarding the modifications required for effective certification of this LCP amendment, please contact Liliana Roman at our Long Beach office (562) 590-5071. Sincerely Charles Posnerr°`""' Supervisor of Planning 13-54 Attachment "A" Suggested-* Modifications 13-55 New text added by Commission suggested modification is shown bold, italicized and underlined, and text suggested to be deleted is shown in Qf*=;L Existing certified language is shown in regular text and the City's proposed LCP amendment language changes are shown in single underline and single stfikehroag Suggested Modification 1 - Delete "accessory dwelling units" from NBMC Subsections 21.18.010(A) and (B): 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 -~a +., each located on a single legal lot, and does not include condominiums or cooperative housing. Suggested Modification 2 - Modify Table 21.18-1 in NBMC Section 21.18.020(C) (Allowed Uses and Permit Requirements) to allow Accessory Dwelling Units in all residential coastal zoning districts: Land Use See Pant 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. R -A PIN R -BI �=EWIJU� R4-6,000 I R-2-6,000 I RM -6,000 Specific Use Regulations Accessory Dwelling Units A A A I A I Section 21.48.200 Suggested Modification 3 - Modify new NBMC Section 21.48.200 (Accessory Dwelling Units) in IP Chapter 21.48 outlining the provisions for Accessory Dwelling Units, 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 -161 -a -g -J -1-A, 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 an-propriate areas of the City. 13-56 B. Review Authoritv. Accessory dwelliniz units shall be annroved=i in conjunction with single -unit dwellings in all coastal residential zoning districts n,....,....,,,":t_, T, ., , r V �� m � �i :� m 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 underlymg residential coastal zoning district, any pplicable overlay district, and all other applicable provisions of this Code, including but not limited to height, setback, site coverage, floor area Iii -nit, 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 aptilicable 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 theag_rage. 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 underlyingzoning oning 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. 13-57 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 existingfor or 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: a. A maximum of one arkin s ace shall be required for an accessor dwelling unit.URIt'; ONO 13-58 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 tw a proposed or existing principal residence or existing accessory structure 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 oceupant 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 existins aaraize, 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 use of mechanical automobile parkin lifts. ifts. 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. 13-59 4. Existingdevelopment. 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. Oceppancy. 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 owners of the owner occupancy requirements and restrictions on short-term rentals. This deed restriction shall remain in effect. go 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 units are applicable, except that a public hearingas 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. Suggested Modification 4: Modify the proposed replacement definition of "Dwelling, Unit, Accessory (Land Use)" in NBMC Section 21.70.020 (Definition of Specialized Terms and Phrases) 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 SafetyCode, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the Health and Safety Code, or any successor statute. 13-60 Attachment G Analysis of Coastal Commission Suggested Parking Modifications 13-61 Attachment G Analysis of Coastal Commission Suggested Parking Modifications As provided in Attachment F, the California Coastal Commission made several suggested modifications to LCP Amendment No. LC2017-003 to bring the regulations in compliance with the State law changes that went into effect in 2018 and consistent with the proposed language in Zoning Code Amendment No. CA2018-003; however, they also made the following two additional changes pertaining to parking: Standard Original City Proposed Standard CCC Suggested Modification to Standard Resulting Effect Parking A minimum of one A maximum of one The intent of requiring at least requirement parking space shall parking space shall one parking space for a newly for new be provided for an be required for an constructed ADU remains the ADUs accessory dwelling accessory dwelling same. unit. unit. Staff Supports Parking Accessory dwelling Accessory dwelling The modification mirrors exception unit converted as part unit converted as language in State law. for ADU of the existing part of a proposed or conversions principal residence or existing principal The intent of State law is to existing accessory residence or existing exempt the parking structure as described accessory structure. requirements for an ADU that is in subsection (C)6. converted from within an existing space. However, if an ADU is constructed as new, a parking space may still be required per parking requirement discussed above. Eligible examples: 1) A homeowner demolishes a single-family dwelling and constructs a new single-family dwelling. An existing detached pool house (accessory structure) is retained and converted into an ADU. In this case, an additional one parking space would not be required for the ADU. 2) An existing single-family residence may be converted to an ADU in conjunction with the development of a new primary single-family dwelling. Staff Supports 13-62 Attachment H Summary of Proposed ADU Regulations 13-63 Attachment H Summary of Proposed ADU Regulations Through the adoption of an ordinance, cities have the ability to regulate certain aspects of Accessory Dwelling Units (ADU), 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) establishing a minimum lot size of 5,000 square feet or greater; 2)establishing 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- Proposed City Standards ADUs Requiring Additions or New Construction Standard Current City Standard Location 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 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. Parking A maximum of one space required per unit. 13-64 Table 2- Proposed City Standards ADUs Contained Entirely within Existing Structures Spaces may be provided as uncovered parking, tandem parking on driveway City Standards (No modifications to State standards allowed) or mechanical lifts. No parking required if within half -mile of public transit stop Within an existing single-family residence or accessory structure in all residential zoning districts. 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 No new or separate utility connections or connections fees. the ADU based on either its size or number of plumbing fixtures. Table 2- Proposed City Standards ADUs Contained Entirely within Existing Structures Standard City Standards (No modifications to State standards allowed) Location Within an existing single-family residence or accessory structure in all residential zoning districts. Minimum Lot Size No limitation. Unit Size No limitation. Parking No additional parking required. Utilities No new or separate utility connections or connections fees. 13-65 Attachment I August 9, 2018, Planning Commission Hearing Minutes 13-66 NEWPORT BEACH PLANNING COMMISSION 8/9/2018 Mr. Harrison clarified that setbacks on Bay Island are measured from the water, and the project complies with the setback requirement and with Bay Island Club requirements. Chair Zak closed the public hearing. Motion made by Commissioner Kramer and seconded by Commissioner Koetting to find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, (New Construction or Conversion of Small Structures); and adopt Resolution No. PC2018-024 approving Coastal Development Permit No. CD2018-054, including an adjustment to off-street parking requirements and allow for an increased height limit. AYES: Zak, Weigand, Kleiman, Dunlap, Koetting, Kramer, Lowrey NOES: None ABSTAIN: None ABSENT: None 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 that 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 perADU, 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 6 of 8 13-67 NEWPORT BEACH PLANNING COMMISSION X. 8/9/2018 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. State law does not supersede CC&Rs. Chair Zak opened the public hearing. 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. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Summary: Update on Planning Commission or City Council Items Community Development Director Jurjis reported staff will present the Planning Commission's recommendations for Council "L" Policies to the City Council on August 14. The August 23 Planning Commission meeting will be canceled. The Harbor Point Senior Living project is scheduled for the 7 of 8 13-68