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HomeMy WebLinkAbout10 - Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) - AmendedREVISED ORDINANCE NO. 2020-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT NO. CA2019-009 TO REPEAL AND REPLACE SECTION 20.48.200 (ACCESSORY DWELLING UNITS) OF TITLE 20 (PLANNING AND ZONING) AND AMEND RELATED PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE APPLICABLE TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS PURSUANT TO STATE LAW (PA2019-248) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, les and regulations with respect to municipal affairs subject only to the restrictions and Wations contained in the Charter and the State Constitution, and the power to exercise, or IVAgursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; %Xr WHEREAS, the California Legislature adopted and Governor Newsom signed Senate Bill 13 and Assembly Bills 68 and 881 in 201 lamending California Government Code Sections 65852.2 and 65852.22, whic ct January 1, 2020, imposing new limitations on local agencies, including chaleseabilityto regulate accessory dwelling units and junior accessory dwelling units; J WHEREAS, Government Code tion 65852.2(a)(4) deems existing ordinances governing accessory dwelling uniyeat do not meet the requirements of its provisions null and void as of the legislation's effective date in which case the standards established under state law apply; WHEREAS, Secti 20.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code ("NBMC") regulating accessory dwelling units, most recently amended in 2018 pursuant to Ordinance No. 2018-14, is partially inconsistent with Government Code Sections 65852.2 and 65852.22; WHEREAS, the City desires to amend Title 20's (Planning and Zoning) provisions related to accessory dwelling units and junior accessory dwelling units in order to retain local control to the maximum extent permitted by Government Code Sections 65852.2 and 65852.22; Ordinance No. 2020-9 Page 3 of 13 WHEREAS, the elimination of off-street parking in residential properties within the Coastal Zone would create a significant impact to public parking and limit visitor access to coastal resources, therefore, replacement parking for conversion of garages, carports, and other covered parking is necessary in order to preserve the limited parking supply and ensure this code amendment is consistent with the California Coastal Act of 1976; WHEREAS, the City finds that maintaining rear alley setbacks and prohibiting parking in rear alley setbacks is essential to preserve vehicular maneuverability for residents, fire and life safety personnel traveling through the City's narrow alleyways along with prohibiting parking in front setbacks, unless located on a driveway with a minimum twenty (20) feet in depth to ensure that driveway re of sufficient depth to accommodate a vehicle entirely on-site without protruding into public right-of-way and blocking pedestrian, bicyclist, and vehicular traffic creating a life t condition; WHEREAS, a public hearing was held by the 'Planning Commission on February 20, 2020, in the Council Chambers located at 100 Civic Ceror Drive, Newport Beach, California. A notice of time, place and purpose of the publicring was given in accordance with California Government Code Section 54950 et se . ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of the NBMC. Evi e, both written and oral, was presented to, and considered by, the Planning Commi� at isrlublic hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-006 by a majority vote (5 ayes, 1 no) recommending to the City Council review Zoning Code Amendment No. CA 2019-009 and approve if the terms of code amendment retained greater localover accessory dwelling units and junior accessory dwelling units than what is provi d by Government Code Sections 65852.2 and 65852.22; WHEREAS, the sions to Title 20 proposed herein provide greater local control over accessory dwelling units and junior accessory dwelling units than what is provided by Government Code Sections 65852.2 and 65852.22; and WHEREAS, a public hearing was held by the City Council on March 10, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Ordinance No. 2020-9 Page 4 of 13 Section 1: The row entitled "Accessory Dwelling Units" set forth in Table 2-1 (Allowed Uses and Permit Requirements) of Section 20.18.020(C) (Residential Zoning District Land Uses and Permit Requirements) of Chapter 20.18 (Residential Zoning Districts (R -A, R-1, R -BI, R-2, RM, RMD)) of Title 20 (Planning and Zoning) of the NBMC is amended to read as follows: Land Use See Part 7 of this title for land use definitions. Residential Uses Accessory Dwelling Units and Junior P P Accessory Dwelling Units R -BI I RM I Specific Use P I P I Section 20.48.200 Section 2: The row entitled "Density/Intensity" 1AVle 2-2 (Development Standards for Single -Unit Residential Zoning Districts) set forth in Section 20.18.030 (Residential Zoning Districts General DevelopmentMclards) of Chapter 20.18 (Residential Zoning Districts (R -A, R-1, R-131, R-2, RM, XD)) of Title 20 (Planning and Zoning) of the NBMC is amended to read asfollowsor Density/Intensity Each legal lot shall be allowed one single -unit detached dwelling. 4P a44itiea- eye a -Ac ssory dwelling units and junior accessory dwelling units may be al&v purdflant to Section 20.48.200. Section 3: The -row entitled "Accessory Dwelling Units and Junior Accessory Dwelling Units" is added to Tables 2-8 and 2-9 (Allowed Uses and Permit Requirements) of Section 20.22.020(C) (Mixed -Use Zoning Districts Land Use and Permit Requirements) of Chapter 20.22 (Mixed -Use Zoning Districts (MU -V, MU -MM, MU -DW, MU-CV/15th ST., MU -W1, MU -W2) of Title 20 (Planning and Zoning) of the NBMC to read as follows: TABLE 2-8 ALLOWED USES AND PERMIT REQUIREMENTS Land Use See Part 7 of this title for land use definitions. MU-CV115th Specific Use See Chapter 20.12 for unlisted uses. MU -V MU -MM 6 MU -DW St. 7 Regulations Residential Uses Accessory Dwelling Units and Section P P P P Junior Accessory Dwelling Units 20.48.200 Ordinance No. 2020-9 Page 8 of 13 junior accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existing structure's size and/or height. C. Newly constructed detaahed accessory dwelling units may provide a minimum setback of four (4) feet from all side property lines and rear property lines not abutting an alley. 3. Building Height. Detached accessory dwelling units shall not exceed one (1) story and a height of sixteen (16) feet. Notwithstanding the foregoing, an accessory dwelling unit constructed above a detached garage shall not exceed two (2) stories and the maximum allowable height of the underlying zoning district, provided all of the following criteria are met: a. The accessory dwelling unit meets the minimum setbacks required by underlying zoning district; and b. The principal dwelling unit co in Section 20.40.040. a. The maximum size of a is 850 square feet for a studi feet for a two (2) bedroom unit with parking standards set forth or attached accessory dwelling unit (1) bedroom unit and 1,000 square ore than two (2) bedrooms are allowed. b. An attached qwwelling unit that is created on a lot with an existing single -u -s further limited to fifty (50) percent of the floor area oftIListi ling. C. Application of size limitations set forth in subsections (E)(4)(a) and (E)(4)(b) above, shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure. d. Application of size limitations set forth in subsection (E)(4)(b) above, or other development standards, such as floor area limit or site coverage, might further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than 800 square feet. e. The maximum size of a junior accessory dwelling unit shall be 500 square feet. f. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit. 5. Design. An accessory dwelling unit and/or junior accessory dwelling unit shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials. REVISED RESOLUTION NO. 2020-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-008 TO THE CALIFORNIA COASTAL COMMISSION TO REPEAL AND REPLACE SECTION 21.48.200 (ACCESSORY DWELLING UNITS) OF TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) AND AMEND RELATED PROVISIONS OF THE NEWPORT BEACH MUNICIPAL CODE APPLICABLE TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS PURSUANT TO STATE LAW (PA2019-248) 1 WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, in 2005, the City of Newport Beach ("City") adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("Local Coastal Program") as amended from time to time including most recently on February 12, 2019, via Resolution No. 2019-16; wi` WHEREAS, the California CoWommission effectively certified the City's Local Coastal Implementation Plan on January 13, 2017, and the City added Title 21 ("Local Coastal Program Implementation Plan") ("Title 21") to the City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, the California Legislature adopted and Governor Newsom signed Senate Bill 13 and Assembly Bills 68 and 881 in 2019 amending California Government Code Sections 65852.2 and 65852.22, which took effect January 1, 2020, imposing new limitations on local agencies, including charter cities, ability to regulate accessory dwelling units and junior accessory dwelling units; WHEREAS, Government Code Section 65852.2(a)(4) deems existing ordinances governing accessory dwelling units that do not meet the requirements of its provisions null and void as of the legislation's effective date in which case the standards established under state law apply; Resolution No. 2020-24 Page 3 of 14 WHEREAS, the number of annual visitors, coupled with historic development patterns of the City, has created a significant impact on the City's limited parking supply in the Coastal Zone that would be exacerbated by allowing accessory dwelling units and junior accessory dwelling units to be built without placing certain parking requirements as it shifts residential parking from on-site to on -street; WHEREAS, the elimination of off-street parking in residential properties within the Coastal Zone would create a significant impact to public parking and limit visitor access to coastal resources, therefore, replacement parking for conversion of garages, carports, and other covered parking is necessary in order to preserve the limited parking supply and ensure this code amendment is consistent with the California Coastal Act of 1976; WHEREAS, the City finds that maintaining rear alletLtbacks and prohibiting parking in rear alley setbacks is essential to preserve vehicu ar maneuverability for residents, fire and life safety personnel traveling through the City's narrow alleyways along with prohibiting parking in front setbacks, sunless located on a driveway with a minimum twenty (20) feet in depth 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; N. WHEREAS, a public hearing was Jrnia. lanning Commission regarding LCP Amendment No. LC2019-008 on Februa 20, 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 accordanwith California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and C�ters 20.62 and 21.62 of the Newport Beach Municipal Code ("N Evidence, both written and oral, was presented to, and considered by, the Plan g Commission at this public hearing; WHEREAS, at tl hearing, the Planning Commission adopted Resolution No. PC2020-007 by a majority vote (5 ayes, 1 no) recommending to the City Council review LCP Amendment No. CA 2019-008 and approve if the terms of code amendment retained greater local control over accessory dwelling units and junior accessory dwelling units than what is provided by Government Code Sections 65852.2 and 65852.22; WHEREAS, the revisions to Title 21 proposed herein provide greater local control over accessory dwelling units and junior accessory dwelling units than what is provided by Government Code Sections 65852.2 and 65852.22; Resolution No. 2020-24 Page 5 of 14 TABLE 21.22-1 ALLOWED USES Mixed -Use Zoning Districts A Allowed Allowed — Not Allowed* Land Use Land Use MU - See Part 7 of this Implementation Plan for land use See Part 7 of this Implementation Plan for land use MU -V MU- CV115th Specific Use definitions. (6) MM (4) Residential Uses Regulations See Chapter 21.12 for unlisted uses. Accessory Dwelling Units and Junior Accessory Dwelling Units A A St. (5)(6) Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling Units A A A Section 21 48.200 CM1 Section 4: Seftion 21.26.045(A) (Planned Community Coastal Zoning District Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is amended to read as follows: Allowed Land Uses. Tables 21.26-3 through 21.26-9 indicate the uses allowed in the Planned Community Coastal Zoning Districts. Additionally, accessory dwelling units and junior accessory dwelling units may be allowed pursuant to Section 21.48.200. Section 5: Section 21.48.200 (Accessory Dwelling Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is repealed and replaced with the following: 21.48.200 Accessory Dwelling Units. A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for residential use, including as al Zoning Districts TABLE 21.22-2 ALLOWED USES iig Allowed Not Allowed Land Use See Part 7 of this Implementation Plan for land use definitions. MU -W1 MU -W2 Specific Use See Chapter 21.12 for unlisted uses. (3) (5) Regulations Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling Units A A Section 21.48.200 Section 4: Seftion 21.26.045(A) (Planned Community Coastal Zoning District Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is amended to read as follows: Allowed Land Uses. Tables 21.26-3 through 21.26-9 indicate the uses allowed in the Planned Community Coastal Zoning Districts. Additionally, accessory dwelling units and junior accessory dwelling units may be allowed pursuant to Section 21.48.200. Section 5: Section 21.48.200 (Accessory Dwelling Units) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is repealed and replaced with the following: 21.48.200 Accessory Dwelling Units. A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for residential use, including as Resolution No. 2020-24 Page 9 of 14 b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing provided setback. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existing structure's size and/or height. C. Newly constructed detaphed accessory dwelling units may provide a minimum setback of four (4) feet from all side property lines and rear property lines not abutting an alley. 3. Building Height. Detached accessory dwelling units shall not exceed one (1) story and a height of sixteen (16) feet. Notwithstanding the foregoing, an accessory dwelling unit constructed above a detached garage shall not exceed two (2) stories and the maximum allowable height of the underlying zoning district, provided all of the following criteria are met: a. The accessory dwelling uni' meet inimum setbacks, as required by underlying zoning district- and b. The principal dwelling uniti iith parking standards set forth in Section 21.40.040. 1 4. Unit Size. M a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet a studio or one -bedroom unit and 1,000 square feet for a two (2) bedit.—No more than two (2) bedrooms are allowed. b. Aristing cessory dwelling unit that is created on a lot with an existing sdwelling is further limited to fifty (50) percent of the floor area of t dwelling. C. Application of the size limitations set forth in subsections (F)(4)(a) and (F)(4)(b) above, shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure. d. Application of size limitations set forth in subsection (F)(4)(b) above, or other development standards, such as floor area limit or site coverage, might further limit the size of the accessory dwelling unit, but in no case shall the floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than 800 square feet. e. The maximum size of a junior accessory dwelling unit shall be 500 square feet.