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HomeMy WebLinkAbout03 - Accessory and Junior Accessory Dwelling Units (PA2019-248)Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report March 24, 2020 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David Blumenthal, AICP, Planning Consultant dblumenthal@newportbeachca.gov PHONE: 949-644-3204 TITLE: Ordinance No. 2020-9: Accessory and Junior Accessory Dwelling Units (PA2019-248) ABSTRACT: The attached ordinance was introduced and considered at the March 10, 2020, City Council meeting. The ordinance amends the Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) providing new local regulations regarding the construction of the accessory and junior accessory dwelling units. The changes include but are not limited to the zoning districts that allow accessory and junior accessory dwelling units, maximum allowable size, height limitation, and parking. For City Council's consideration is the adoption of the accessory and junior accessory dwelling unit ordinance that meets the requirements of State law. RECOMMENDATION: a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080.17 and Section 15282(h) of the CEQA Guidelines, which exempts adoption of an ordinance regarding second units to implement provisions of Sections 65852.2 and 65852.22 of the Government Code. Additionally, the ordinance is categorically exempt pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15305 (Minor Alterations in Land Use/Limitations); and b) Conduct second reading and adopt 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). 3-1 Ordinance No. 2020-9: Accessory and Junior Accessory Dwelling Units (PA2019-248) March 24, 2020 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Due to a change in State law regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), the City's ADU ordinance has been rendered invalid. On March 10, 2020, the City Council conducted a duly noticed public hearing to consider changes to NBMC Title 20 (Planning and Zoning) regarding ADUs and JADUs. After considering all evidence, including the Planning Commission's review and public comments, the City Council voted to introduce Ordinance No. 2020-9. Status in the Coastal Zone Should the City Council adopt the proposed ordinance amending Title 20, the new regulations will only apply to ADUs and JADUs located outside the Coastal Zone. For properties within the Coastal Zone, the State standards will apply, provided they do not violate the Coastal Act. Upon approval of the proposed Local Coastal Program Amendment No. LC2019-008 by the California Coastal Commission, staff will return to the City Council with an ordinance adopting LC2019-008. Staff estimates to return to City Council within the year. =1ki1V1-Tel kiILY, l=1kikIFITE AVAIA►ITS This project is statutorily exempt under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and Section 15282(h) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which exempts adoption of an ordinance regarding second units to implement provisions of Sections 65852.2 and 65852.22 of the Government Code. Additionally, this ordinance is categorically exempt pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15305 (Minor Alterations in Land Use/Limitations). Similarly, the ministerial approval of accessory dwelling units and junior accessory dwelling units is not a "project" for CEQA purposes, and environmental review is not required prior to approving individual applications. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). /_Air_[d:IJil4LI119 Attachment A — Ordinance No. 2020-9 3-2 ATTACHMENT A 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, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; 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; WHEREAS, Section 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; 3-3 Ordinance No. 2020-9 Page 2 of 13 WHEREAS, Government Code Section 65852.2(a)(1)(D)(xi) provides that off- street parking shall not be required to be replaced when a garage, carport, or other covered parking is converted to an accessory dwelling unit and junior accessory dwelling unit, however, the California Coastal Act of 1976 is neither superseded nor in any way altered or lessened as provided in Government Code Section 65852.2(1) by this recent legislation; WHEREAS, adopting an ordinance consistent with California Government Code Sections 65852.2 and 65852.22 ensures that the character of the City is preserved to the maximum extent permitted by law and that the City's regulation of accessory dwelling units and junior accessory dwelling units continues to promote the health, safety, and welfare of the community; WHEREAS, accessory dwelling units and junior 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 while also benefitting homeowners who construct these units with added income and increased financial security; WHEREAS, allowing accessory dwelling units and junior accessory dwelling units in conjunction with existing or proposed residential development provides additional rental housing stock, some of which will satisfy the City's 6th Cycle Regional Housing Needs Assessment (RNHA) for the period covering 2021-2029; WHEREAS, accessory dwelling units and junior accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; WHEREAS, the City is a coastal community with numerous coastal resources that attract over ten million annual visitors, including public beaches, Newport Harbor, Balboa Peninsula, Balboa Island, and Newport Bay; 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; 3-4 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 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 by the Planning Commission on February 20, 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 California Government Code Section 54950 et seq. ("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 Planning Commission at this public 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 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 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: 3-5 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. R -BI RM Specific Use See Chapter 20.12 for unlisted uses. R -A R-1"" R-2 RMD Regulations Residential Uses Accessory Dwelling Units and Junior P P P P Section 20.48.200 Accessory Dwelling Units Section 2: The row entitled "Density/Intensity" in Table 2-2 (Development Standards for Single -Unit Residential Zoning Districts) set forth in Section 20.18.030 (Residential Zoning Districts General Development Standards) 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: Density/Intensity Each legal lot shall be allowed one single -unit detached dwelling. Accessory dwelling units and junior accessory dwelling units may be allowed pursuant 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. See Chapter 20.12 for unlisted uses. MU -V MU -MM Residential Uses Accessory Dwelling Units and P P Junior Accessory Dwelling Units MU-CV/15th MU -DW St. (7) P P Specific Use Regulations Section 20.48.200 Ordinance No. 2020-9 Page 5 of 13 TABLE 2-9 ALLOWED USES AND PERMIT REQUIREMENTS Land Use See Part 7 of this title for land use definitions. MU -W1 See Chapter 20.12 for unlisted uses. (5 )(6) MU -W2 Specific Use Regulations Residential Uses Accessory Dwelling Units and Junior P P Section 20.48.200 Accessory Units Section 4: Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 (Planning and Zoning) of the NBMC is repealed and replaced with the following: 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 and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for residential use, including as part of a planned community development plan or specific plan, and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. B. Effect of Conforming. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this section shall not be: 1. Deemed to be inconsistent with the General Plan and zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 2. Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; 3. Considered in the application of any ordinance, policy, or program to limit residential growth; or 4. Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. C. Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to a Zoning Clearance and the following conditions: 1. There is an existing or proposed dwelling unit on the lot; 3-7 Ordinance No. 2020-9 Page 6 of 13 2. The dwelling conforms to the development standards and requirements for accessory dwelling units and/or junior accessory dwelling units as provided in this section; and 3. The zoning clearance shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City receives a completed application, unless either: a. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or b. In the case of an application for an accessory dwelling unit and/or junior accessory dwelling unit submitted with an application to create a new single -unit dwelling on the lot, the City may delay acting on the accessory dwelling unit and/or junior accessory dwelling application until the City renders a decision on the new single -unit dwelling application. D. Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/orjunior accessory dwelling units allowed on any residential lot. Unless specified below, only one (1) category may be used per lot. 1. Conversion of Single -Unit Dwelling. Only one (1) accessory dwelling unit or one (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling, subject to the following: a. The accessory dwelling unit or junior accessory dwelling unit is proposed: Within the space of a proposed single -unit dwelling; ii. Within the existing space of an existing single -unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of up to 150 square feet if the expansion is limited to accommodating ingress and egress. b. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior access from the single -unit dwelling. C. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction) of this Code. 2. Detached/Attached on Lot with Single -Unit Dwelling. One (1) detached or one (1) attached, new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. A detached, new -construction accessory dwelling unit may also be permitted in addition to any junior accessory dwelling unit that might otherwise be established on the lot under subsection (D)(1). W Ordinance No. 2020-9 Page 7 of 13 3. Conversion of Multi -Unit Dwelling. Multiple accessory dwelling units may be permitted on lots with existing multi -unit dwellings subject to the following: a. The number of accessory dwelling units shall not exceed twenty-five (25) percent of the existing multi -unit dwellings on the lot. For the purpose of calculating the number of allowable accessory dwelling units, the following shall apply: i. Previously approved accessory dwelling units shall not count towards the existing multi -unit dwellings; ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) accessory dwelling unit shall be allowed; and iii. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels. b. The portion of the existing multi -unit dwelling that is to be converted is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. 4. Detached on Multi -Unit Lot. Up to two (2) detached, new -construction accessory dwelling units may be permitted on a lot that has an existing multi -unit dwelling. For the purposes of this section, multi -unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels. E. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning) of this Code, including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria. 1. Minimum Lot Area. There shall be no minimum lot area required in order to establish an accessory dwelling unit and/or junior accessory dwelling unit. 2. Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below: a. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback. Ordinance No. 2020-9 Page 8 of 13 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 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 complies with parking standards set forth in Section 20.40.040. 4. Unit Size. a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one (1) bedroom unit and 1,000 square feet for a two (2) bedroom unit. No more than two (2) bedrooms are allowed. b. An attached accessory dwelling unit that is created on a lot with an existing single -unit dwelling is further limited to fifty (50) percent of the floor area of the existing dwelling. 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. 3-10 Ordinance No. 2020-9 Page 9 of 13 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. 6. Fire Sprinklers. An accessory dwelling unit and/or junior accessory dwelling unit shall not require fire sprinklers so long as fire sprinklers are not required for the principal residence. 7. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit and/or junior accessory dwelling unit. For the purposes of this section, "passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit. 8. Parking. Parking shall comply with requirements of Chapter 20.40 (Off - Street Parking) except as modified below: a. No additional parking shall be required for junior accessory dwelling units. b. A maximum of one (1) parking space shall be required for each accessory dwelling unit. C. When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet. d. No additional parking shall be required for: i. Accessory dwelling units converted as part of a proposed or existing space of a principal residence or existing accessory structure; ii. Accessory dwelling units located within one-half mile walking distance of a public transit. For the purposes of this section "public transit' shall include a bus stop where the public may access buses that charge set fares, run on fixed routes, and are available to the public; iii. Accessory dwelling units located within an architecturally and historically significant historic district; iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or 3-11 Ordinance No. 2020-9 Page 10 of 13 V. When there is a car -share vehicle located within one (1) block of the accessory dwelling unit. For the purposes of this section, "car - share vehicle" shall mean part of an established program intended to remain in effect at a fixed location for at least ten (10) years and available to the public. e. No Replacement Parking Necessary. Outside the coastal zone, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. Refer to Section 21.48.200(F)(8)(e) for replacement parking in the coastal zone. F. Utility Connection. 1. Connection Required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), including water, electric, and sewer services. 2. Except as provided in subsection (F)(3) below, the City may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utility. 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit dwelling, unless the accessory dwelling unit is being constructed in connection with a new single - unit dwelling. 4. Septic Systems. If the principal dwelling unit is currently connected to an on-site wastewater treatment system and is unable to connect to a sewer system, accessory dwelling units and junior accessory dwelling units may connect to the onsite waste water -treatment system. However, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years. G. Additional Requirements for all Accessory Dwelling Units and Junior Accessory Dwelling Units. 1. No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single -unit dwelling) or from the lot and all of the dwellings (in the case of a multi -unit dwelling). 2. Short -Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less. 3. Owner -Occupancy. 3-12 Ordinance No. 2020-9 Page 11 of 13 a. Accessory dwelling units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any accessory dwelling unit that is permitted in accordance with this section between January 1, 2020 and January 1, 2025. b. Junior accessory dwelling units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner -occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization. H. Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit and/or junior accessory dwelling unit, the property owner shall record a deed restriction with the County Recorder's Office, the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the owner occupancy requirements, prohibition on the separate conveyance, the approved size and attributes of the unit, and restrictions on short-term rentals. This deed restriction shall remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot. I. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable. Section 5: The following definitions listed in the alphabetical list of definitions contained in Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning) of the NBMC are amended to read as follows: "Accessory Dwelling Unit (Land Use)." See "Dwelling unit, accessory (land use)." "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 residential use. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the California Health and Safety Code, or any successor statute. 3-13 Ordinance No. 2020-9 Page 12 of 13 Section 6: The following definitions shall be added to the alphabetical list of definitions contained in Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning) of the NBMC to read as follows: "Dwelling unit, junior accessory (land use)" means a dwelling unit accessory to and entirely contained within, an existing or proposed single -unit dwelling, and that: 1. Is no more than 500 square feet in size; 2. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single -unit dwelling; and 3. Includes an efficiency kitchen. "Junior Accessory Dwelling Unit (Land Use)". See "Dwelling unit, junior accessory (land use)". Section 7: An amendment to Title 21 (Local Coastal Program Implementation Plan) is also underway pursuant to Resolution 2020-24 to approve LCP Amendment No. LC2019- 008. Zoning Code Amendment CA2019-009 shall not become effective for projects located in the coastal zone for which Title 21 is applicable until approval of the LCP Amendment No. LC2019-008 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 8: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 9: 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. 3-14 Ordinance No. 2020-9 Page 13 of 13 Section 10: The City Council finds the introduction and adoption of this ordinance is statutorily exempt under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and Section 15282(h) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which exempts adoption of an ordinance regarding second units to implement provisions of Sections 65852.2 and 65852.22 of the Government Code. Additionally, this ordinance is categorically exempt pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15305 (Minor Alterations in Land Use/Limitations). Similarly, the ministerial approval of accessory dwelling units and junior accessory dwelling units is not a "project" for CEQA purposes, and environmental review is not required prior to approving individual applications. Section 11: 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 12: 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 shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of March, 2020, and adopted on the 24th day of March, 2020, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE N C. HARP, CITY ATTORNEY 3-15