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HomeMy WebLinkAbout11 - Amending Title 20 and Title 21 of the NBMC Related to Accessory Dwelling Units (PA2019-248)Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report February 22, 2022 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jaime Murillo, AICP, Principal Planner, jmurillo@newportbeachca.gov PHONE: 949-644-3209 TITLE: Ordinance Nos. 2022-5 and 2022-6: Amending Title 20 and Title 21 of the Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248) ABSTRACT: On March 24, 2020, the City Council adopted amendments to Title 20 (Planning and Zoning Code) of the Newport Beach Municipal Code (NBMC) to amend the City of Newport Beach's (City's) regulations pertaining to the construction of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in response to changes in the State of California (State) law that went into effect on January 1, 2020. Similar amendments to Title 21 (Local Coastal Program Implementation Plan) of the NBMC were also needed to amend the regulations applicable to properties located within the coastal zone and to ensure consistency with the adopted changes to Title 20. On March 10, 2020, the City Council authorized submittal of LCP Amendment No. LC2019- 008 to the California Coastal Commission (CCC). On December 15, 2021, the CCC approved the Title 21 amendment with suggested modifications. For the City Council's consideration are the proposed ordinances that accept and incorporate the CCC suggested modifications into the Coastal Land Use Plan and into both NBMC Titles 20 and 21 for consistency. RECOMMENDATION: a) Conduct a public hearing; b) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resource Code and 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; Ordinance Nos. 2022-5 and 2022-6: Amending Title 20 and Title 21 of the Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248) February 22, 2022 Page 2 c) Waive full reading, direct the City Clerk to read by title only, introduce City Council Ordinance No. 2022-4, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Revisions to Zoning Code Amendment No. CA2019-009 Amending Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units for Consistency with the California Coastal Commission's Modifications and State Law (PA2019-248), and pass to second reading on March 8, 2022; and d) Waive full reading, direct the City Clerk to read by title only, introduce City Council Ordinance No. 2022-6, An Ordinance of the City Council of the City of Newport Beach, California, Accepting the California Coastal Commission's Suggested Modifications and Adopting Local Coastal Program Amendment No. LC2019-008 to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248), and pass to second reading on March 8, 2022. DISCUSSION: In 2019, the California Legislature adopted a group of housing bills aimed at addressing the housing crisis. The legislature approved, and the Governor signed, SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on the City's ability to regulate ADUs and JADUs (Attachment C). Under the new regulations, the City must allow ADUs in all residential zones and any mixed-use zone that permits residential dwelling units. The City must also allow JADUs in any property developed with a single -unit residence. In adopting these new regulations, the State Legislature determined that housing is a matter of statewide concern, rather than a municipal affair. This determination allows the State to mandate charter cities implement the new ADU laws. The State Legislature intends to reduce regulatory barriers and costs, streamline the approval process, and expand the potential capacity for ADUs. On March 24, 2020, the City Council adopted amendments to Title 20 (Planning and Zoning Code) of the NBMC to amend the City's regulations pertaining to the construction of ADUs and JADUs in response to changes in State law. The required changes included expanding the zoning districts that allow ADUs and JADUs, eliminating minimum lot size, expanding unit size, suspending owner -occupancy requirements, and relaxing parking requirements. The March 10, 2020, City Council staff report introducing the ordinance and describing the new regulations in more detail, as staff understood at the time, is included as Attachment D for reference. Amendments to Title 21 (Local Coastal Program Implementation Plan) of NBMC are also needed to amend the regulations applicable to properties located within the coastal zone and to ensure consistency with the adopted changes to Title 20. On March 10, 2020, the City Council authorized submittal of LCP Amendment No. LC2019-008 to the California Coastal Commission (CCC). 11-2 Ordinance Nos. 2022-5 and 2022-6: Amending Title 20 and Title 21 of the Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248) February 22, 2022 Page 3 At the March 10, 2020, City Council meeting, the City Council adopted Resolution No. 2020-24 (Attachment E), authorizing submittal of LCP Amendment No. LC2019-008 to the CCC for review and approval. The resolution specified LCP Amendment No. LC2019-008 shall not become effective until approval by the CCC and adoption, including any modifications suggested by the CCC, by resolution(s) and/or ordinance(s) of the City Council. Coastal Commission Action and Acceptance of Suggested Modifications The CCC reviewed the LCP Amendment at its December 15, 2021, meeting. The CCC approved the amendment largely as submitted, however, it included various suggested modifications. Most of the suggested modifications are related to ensuring that coastal resource protection regulations are upheld, clarifying the coastal development permit review process, and incorporating a series of minor, clarifying edits intended to improve text flow and grammar. In addition, the CCC included suggested modifications needed to bring the proposed amendments into compliance with State law based on comments the City received from the Department of Housing and Community Development (HCD) subsequent to the City Council's approval of the proposed amendment. The CCC approval letter, including suggested modifications, are included as Attachment F. A summary of the suggested modifications is provided below, and a map of the coastal zone is included as Attachment G for reference. • Suggested Modifications 1 and 4 - Coastal Resource Protection and Coastal Hazards: The suggested modifications would ensure that new ADU and JADU development is protective of coastal resources by prioritizing the existing standards in bluff districts, canyon districts, areas with scenic or visual resources, and sensitive habitat areas. For example, despite a minimum 4 - foot rear setback allowance for detached ADUs, an ADU would not be permitted to be developed beyond a coastal canyon stringline established to protect Buck Gully from further development. Properties subject to the coastal bluff protection overlay are similarly limited. The suggested modifications also clarify that ADUs and JADUs developed on waterfront sites or subject to flood hazards shall comply with the shoreline, flood hazard, and sea level rise protection standards of Title 21 and illustrate they would be protected from such hazards for the life of the structure (75 years). • Suggested Modification 2 - Coastal Development Permit Processing: The suggested modification would clarify ADU and JADU development require the processing of a coastal development permit unless the development meets an eligible exemption or exclusion pursuant to Categorical Exclusion Order CE-5-NPB-12-A1. The modifications also clarify that although a public hearing is not required for a coastal development permit specifically for an ADU or JADU, that the review authority shall consider written comments submitted. 11-3 Ordinance Nos. 2022-5 and 2022-6: Amending Title 20 and Title 21 of the Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248) February 22, 2022 Page 4 Suqqested Modifications 3, 4, and 5 — Update for Consistency with State law: On October 12, 2021, staff received a review letter from HCD regarding the City's 6th Cycle (2021-229) Draft Housing Element. The letter included a comment that HCD's ADU team identified several areas in which the City's ADU ordinance appears out of compliance with State ADU law. Staff reached out the HCD staff for clarification and more specific direction. After consultation with HCD, the needed corrections were identified (Attachment H) and shared with CCC staff. CCC staff incorporated the corrections as the following suggested modifications: o ADU with Multi -Unit Development — The suggested modification would clarify that one ADU shall be permitted in conjunction with a new or existing multi -unit development (2+ more units), either as: 1) internal to a dwelling within the development; 2) attached to the development; or 3) detached to the development. It was previously understood that an ADU was only permitted in conjunction with a multi -unit development as either: 4) the conversion of non -living space within an existing multi- unit development (permitted number of ADUs is equal to 25 percent of existing unit count); or, 5) as two detached ADUs with an existing multi- unit development. The suggested modification also clarifies only one type of ADU category described above is permitted with a multi -unit development. For example, an ADU attached to a multi -unit dwelling cannot be developed with two additional detached ADUs. o Removes Bedroom Limits — The suggested modification removes bedroom count limitations for ADUs and JADUs; current regulations limit ADUs to a maximum of two bedrooms. ADUs would still be restricted to a maximum unit size of 1,000 square feet for attached and detached ADUs and 500 square feet for JADUs. ADUs constructed internal (within the building envelope) to a dwelling unit remain unrestricted. o Clarifies Height Limits -The suggested modification clarifies a provision of State law that allows up to an 800 -square -foot ADU on any residential lot regardless of floor area limits and lot coverage limits, provided the ADU is no higher than 16 feet, consistent with State law. Suggested Modification 6 - Notifications of Hazards and Waiver of Future Protection Requirements: The modified provisions will expand the deed restriction requirements for ADUs and JADUs to include an acknowledgement of hazards for properties located within flood hazard areas or low-lying shoreline areas subject to future sea level rise. Additionally, the modifications will require the recordation of a waiver of future protection for ADUs and JADUs located in coastal flood hazard areas as a condition of approval of their coastal development permits. • Suqgested Modifications 5 and 7 - Minor Clarifications: Minor clarifying edits throughout the main text, with no substantive changes to the intent of the proposed amendment. 11-4 Ordinance Nos. 2022-5 and 2022-6: Amending Title 20 and Title 21 of the Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248) February 22, 2022 Page 5 Title 20 (Plannina and Zonina) Amendments The CCC Suggested Modifications 3, 4, and 5 discussed above are also required to be updated in Title 20 for properties outside the coastal zone for consistency with both Title 21 and State law. Due to the complexity of State ADU and JADU law, and the different standards that apply depending on the proposed type (i.e., internal, conversion, attached, or detached), the City's local regulations are also complex. To help better explain and communicate the different standards that apply depending on ADU or JADU type, staff has developed a development standard matrix that has been well received by the public and development community. The matrix helps illustrate the differences in development standards for ADUs and JADUs as currently regulated in Title 20 and as proposed. Attachment I includes a matrix of development standards under current standards and Attachment J includes a matrix of developments standards under the proposed amendments. Planning Commission Review and Update to ADU Regulations The proposed ordinances accept and incorporate the CCC suggested modifications into the Coastal Land Use Plan and into both Titles 20 and 21 for consistency. These amendments will also bring the City's local regulations into compliance with State ADU law. An underline/strikeout version of the proposed revisions is included as Attachment K for reference. It should be noted that the proposed changes only bring the City's policies and ordinances up to date with current State requirements and the City's Local Coastal Program. The City's own efforts to implement Council Policy K-4 and to provide additional incentives to increase the construction of ADUs and JADUs as part of the Housing Element Update will require future changes to the City's regulations. Staff is currently developing those changes with the assistance of a Planning Commission ad hoc committee. The future changes will be forthcoming in the coming months as the City begins to implement its updated Housing Element. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW Staff recommends the City Council find this project exempt from 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. 11-5 Ordinance Nos. 2022-5 and 2022-6: Amending Title 20 and Title 21 of the Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248) February 22, 2022 Page 6 NOTICING: Pursuant to Section 13515 of the California Code of Regulations, a review draft of the LCP Amendment was made available, and a Notice of Availability was distributed on February 14, 2020, to all persons and agencies on the Notice of Availability mailing list and posted online. The LCP Amendment draft submitted to CCC and the CCC approval letter with suggested modifications have also been posted online. 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. ATTACHMENTS: Attachment A — Attachment B — Attachment C — Attachment D — Attachment E — Attachment F — Attachment G — Attachment H — Attachment I — Attachment J — Attachment K — Ordinance No. 2022-5 Ordinance No. 2022-6 State ADU and JADU Law March 10, 2020 City Council Staff Report Resolution No. 2020-24 Coastal Commission Approval Letter and Suggested Modifications Coastal Zone Map HCD Correspondence ADU Development Matrix: Current Regulations ADU Development Matrix: Proposed Regulations Underline/Strikeout Version of Amendments 11-6 Attachment A Ordinance No.2022-5: Adopting Revisions to Code Amendment No. CA2019-009 11-7 ORDINANCE NO. 2022-.5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING REVISIONS TO ZONING CODE AMENDMENT NO. CA2019-009 AMENDING TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS FOR CONSISTENCY WITH THE CALIFORNIA COASTAL COMMISSION'S MODIFICATIONS AND STATE LAW (PA2019-248) WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to the 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, on March 10, 2020, the City Council introduced Ordinance No. 2020- 9 revising Title 20 (Planning and Zoning) related to the accessory dwelling units ("Zoning Code Amendment No. CA2019-009") and adopted Resolution No. 2020-24 authorizing submittal of LCP Amendment No. LC2019-008 to the California Coastal Commission ("Coastal Commission") by a unanimous vote (7 ayes, 0 nays); WHEREAS, on March 24, 2020, the City Council adopted Ordinance No. 2020-9 revising Title 20 (Planning and Zoning) in order to implement Zoning Code Amendment No. CA2019-009; WHEREAS, at its December 15, 2021 hearing, the Coastal Commission approved and certified LCP Amendment No. LC2019-008 with modifications (LCP-5- NPB-20-0025- 1 Part C) as being consistent with the California Coastal Act; WHEREAS, revisions to Zoning Code Amendment No. CA2019-009 are necessary for consistency with Coastal Commission modifications to LCP Amendment. No. LC2019- 008 (LCP-5- NPB-20-0025-1 Part C) and comments received by the California Department of Housing and Community Development; and WHEREAS, a public hearing was held by the City Council on February 22, 2022, 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 (Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. 11-8 Ordinance No. 2022 - Page 2 of 10 NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: 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 hereby amended 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 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 provided by the Director and the following conditions: 1. There is an existing or proposed dwelling unit on the lot, 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 11-9 Ordinance No. 2022 - Page 3 of 10 3. Zoning clearance shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City determines an application to be complete, 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/or junior accessory dwelling units allowed on any residential lot. For the purposes of this section, multi -unit dwelling means a structure or development containing two or more dwelling units. Unless otherwise specified below, only one (1) of the categories described below in this subsection may be used per lot. 1. Internal to a Single -Unit or Multi -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 or multi -unit dwelling, subject to the following: a. The accessory dwelling unit is proposed: i. Within the space of a proposed single -unit or multi -unit dwelling; ii. Within the existing space of an existing single -unit or multi- unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of the existing structure of up to 150 square feet if the expansion is limited to accommodating ingress and egress. b. The junior accessory dwelling unit is proposed: Within the space of a proposed single -unit dwelling; or ii. Within the existing space of an existing single -unit dwelling. C. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior access from the single -unit dwelling. 11-10 Ordinance No. 2022 - Page 4 of 10 d. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction) of the Municipal Code. 2. Detached/Attached on Lot with Single -Unit or Multi -Unit Dwelling Category. 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 or multi -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)(b). 3. Conversion of Multi -Unit Dwelling Category. 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 number of 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 to an accessory dwelling unit 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 Category. Up to two (2) detached accessory dwelling units may be constructed 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. Ordinance No. 2022 - Page 5 of 10 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. b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing setback provided. 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. Attached and detached 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 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) or more bedroom unit. 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. 11-12 Ordinance No. 2022 - Page 6 of 10 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, may 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 and the ADU shall not exceed a height of 16 feet measured from the finished grade as determined by the Director. 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. 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, however, fire sprinklers are encouraged. 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 unit internal to a proposed principal residence or converted from existing space of a principal residence or existing accessory structure; 11-13 Ordinance No. 2022 - Page 7 of 10 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 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 connections between the accessory dwelling unit, junior accessory dwelling unit and the utilities. 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit or multi -unit dwelling(s), 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 wastewater 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. 11-14 Ordinance No. 2022 - Page 8 of 10 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. 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 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive part of this ordinance. 11-15 Ordinance No. 2022 - Page 9 of 10 Section 3: 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 4: 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 5: 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 6: 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 become effective thirty (30) calendar days after is adoption. 11-16 Ordinance No. 2022 - Page 10 of 10 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of February, 2022, and adopted on the 8th day of March, 2022, by the following vote, to -wit: AYES: NAYS: ABSENT: KEVIN MULDOON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 11-17 Attachment B Ordinance No. 2022-6: Adopting LCP Amendment No. LC2019-008 11-18 ORDINANCE NO. 2022-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ACCEPTING THE CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS AND ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-008 TO AMEND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS (PA2019-248) WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") 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, Section 30500 of the California Public Resources Code requires each county and city to prepare a local coastal program for that portion of the coastal zone within its jurisdiction; WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("Local Coastal Program"), which has been amended from time to time; WHEREAS, the California Coastal Commission effectively certified the City's LCP on January 13, 2017, which the City added as Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC"), whereby the City assumed coastal development permit -issuing authority; 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; 11-19 Ordinance No. 2022 - Page 2 of 17 WHEREAS, Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code ("NBMC") regulating accessory dwelling units, most recently amended in 2019 pursuant to Ordinance No. 2019-1, requires additional revisions; WHEREAS, the City desires to amend Title 21 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; 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 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 allocation 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; 11-20 Ordinance No. 2022- Page3of 17 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 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 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, pursuant to Section 13515 of the California Code of Regulations ("CCR") Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of LCP Amendment No. LC2019-008 were made available and a Notice of Availability was distributed at least six (6) weeks prior to the City Council public hearing; WHEREAS, a public hearing was held by the Planning Commission regarding LCP Amendment No. LC2019-008 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 (Public Hearings) and 21.62 (Public Hearings) of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; 11-21 Ordinance No. 2022 - Page 4 of 17 WHEREAS, at the 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. LC2019-008 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; 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, Chapters 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC, and 14 CCR Section 13515. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, on March 10, 2020, the City Council introduced Ordinance No. 2020-9 revising Title 20 (Planning and Zoning) related to accessory dwelling units ("Zoning Code Amendment No. CA2019-009") and adopted Resolution No. 2020-24 authorizing submittal of LCP Amendment No. LC2019-008 to the Coastal Commission by a unanimous vote (7 ayes, 0 nays); WHEREAS, at its December 15, 2021, hearing, the Coastal Commission approved and certified LCP Amendment No. LC2019-008 with modifications (LCP-5- NPB-20-0025-1 Part C) as being consistent with the California Coastal Act; and WHEREAS, a public hearing was held by the City Council on February 22, 2022, 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 (Public Hearings) and 21.62 (Public Hearings) 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: 11-22 Ordinance No. 2022 - Page 5 of 17 Section 1: The City Council hereby accepts the suggested modifications approved by the Coastal Commission. Section 2: The row entitled "Accessory Dwelling Units" set forth in Table 21.18-1 (Allowed Uses) in Section 21.18.020(C) (Residential Coastal Zoning Districts Land Uses) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is amended to read as follows: Land Use Mixed -Use Zoning Districts TABLE 21.22-1 A Allowed ALLOWED USES See Part 7 of this Implementation — Not Allowed* Land Use Plan for land use definitions. See Part 7 of this Implementation Plan for land use R -BI MU- See Chapter 21.12 for unlisted definitions. R-1 R-2 RM Specific Use uses. R -A R-1-6,000 R-2-6,000 RM -6,000 Regulations Residential Uses Accessory Dwelling Units and Junior A A A A Section AccessoryDwellingUnits 21.48.200 21.48.200 Section 3: The row entitled "Accessory Dwelling Units and Junior Accessory Dwelling Units" is added to Tables 21.22-1 and 21.22-2 (Allowed Uses) of Section 21.22.020 (Mixed -Use Coastal Zoning Districts Land Uses and Permit Requirements) of Chapter 21.22 (Mixed -Use Coastal Zoning Districts (MU -V, MU -MM, MU-CV/15TH ST., MU -W1, MU -W2)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows: 11-23 Mixed -Use Zoning Districts TABLE 21.22-1 A Allowed ALLOWED USES — Not Allowed* Land Use MU - See Part 7 of this Implementation Plan for land use MU -V MU- Specific Use definitions. (6) MM (4) CV/15th Regulations See Chapter 21.12 for unlisted uses. St. (5)(6) Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling Units A A A Section 21.48.200 11-23 Ordinance No. 2022 - Page 6 of 17 Section 4: Section 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 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 Coastal Land Use Plan and coastal zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling units 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; 11-24 Mixed -Use Coastal Zoning Districts TABLE 21.22-2 Allowed ALLOWED USES A — 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: Section 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 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 Coastal Land Use Plan and coastal zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling units 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; 11-24 Ordinance No. 2022 - Page 7 of 17 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 provided by the Director and the following conditions: 1. There is an existing or proposed dwelling unit on the lot; 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; 3. The dwelling conforms to the coastal resource protection development regulations of Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay District), Section 21.30.100 (Scenic and Visual Quality Protection), or Chapter 21.30B (Habitat Protection), and 4. Zoning clearance shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City determines an application to be complete, 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. Coastal Development Permits. 1. Application. The applicant shall obtain a coastal development permit, pursuant to Chapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or excluded from the coastal development permit process pursuant to Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) or Section 21.52.045 (Categorical Exclusions). 11-25 Ordinance No. 2022- Page8of 17 2. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development Review Procedures) 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 (Public Hearings) 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. Written comments received shall be reviewed by the Review Authority. 3. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21.64 (Appeals and Calls for Review), coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealed 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. E. Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any residential lot. For the purposes of this section, multi -unit dwelling means a structure or development containing two or more dwelling units. Unless otherwise specified below, only one (1) of the categories described below in this subsection may be used per lot. 1. Internal to a Single -Unit or Multi -Unit Dwelling Category. 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 or multi -unit dwelling, subject to the following: a. The accessory dwelling unit is proposed: i. Within the space of a proposed single -unit or multi -unit dwelling; or ii. Within the existing space of an existing single -unit or multi- unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of the existing structure of up to 150 square feet if the expansion is limited to accommodating ingress and egress. b. The junior accessory dwelling unit is proposed: 11-26 Ordinance No. 2022 - Page 9 of 17 Within the space of a proposed single -unit dwelling; or ii. Within the existing space of an existing single -unit dwelling. C. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior access from the single -unit dwelling. d. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction) of the NBMC. 2. Detached/Attached on Lot with Single -Unit or Multi -Unit Dwelling Category. One (1) detached, new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit or multi -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 (E)(1)(b). 3. Conversion of Multi -Unit Dwelling Category. 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. pply: i. Previously approved accessory dwelling units shall not count towards the number of 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 to an accessory dwelling unit is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. 11-27 Ordinance No. 2022 - Page 10 of 17 4. Detached on Multi -Unit Lot Category. Up to two (2) detached accessory dwelling units may be constructed 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. F. 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) and Title 21 (Local Coastal Program Implementation Plan) 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, unless a greater setback is needed to comply with Section 21.48.200(C)(3). b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing setback provided, unless a greater setback is needed to comply with Section 21.48.200(C)(3). 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. Attached and detached 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 the following criteria are met: 11-28 Ordinance No. 2022 - Page 11 of 17 a. The accessory dwelling unit meets the minimum setbacks, as required by underlying zoning district; and b. The principal dwelling unit complies with parking standards set forth in Section 21.40.040. 4. Unit Size. a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one -bedroom unit and 1,000 square feet for a two (2) or more bedroom unit. 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 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, may 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 and the accessory dwelling unit shall not exceed a height of 16 feet measured from the finished grade as determined by the Director. 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. 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; however, fire sprinklers are encouraged. 11-29 Ordinance No. 2022 - Page 12 of 17 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 21.40 (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 parking shall be required for: i. Accessory dwelling units internal to a proposed principal residence or converted from existing space of 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 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 remain in effect at a fixed location for at least ten (10) years and available to the public. 11-30 Ordinance No. 2022 - Page 13 of 17 e. 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. 9. Waterfront Development and Flood Hazard Areas. a. The minimum top of slab elevation for new interior living areas, including areas converted from non -living areas, shall comply with the flood hazard and sea level rise protection standards of Section 21.30.015(D). b. Any development in shoreline hazardous areas shall comply with Section 21.30.015(E)(2). G. 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 (G)(3) below, the City may require the installation of a new or separate utility connections between the accessory dwelling unit, junior accessory dwelling unit and the utilities. 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit or multi -unit dwelling(s), unless the accessory dwelling unit being constructed in connection with a new single -unit dwelling or multi -unit dwellings. 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 wastewater 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. H. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units. 11-31 Ordinance No. 2022 - Page 14 of 17 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. 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. Deed Restriction and Recordation Required. 1. 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. 2. For properties in flood hazard areas, deed restriction shall also include notice to future owners that the unit is located within an area that may be subject to flooding or future flooding. 3. For properties located in low lying shoreline areas that may be subject to future sea level rise, the property owner shall also record a waiver of future protection in compliance with Section 21.30.015(E)(5); 11-32 Ordinance No. 2022 - Page 15 of 17 J. 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 6: The following definitions listed in the alphabetical list of definitions contained in Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 (Local Coastal Program Implementation Plan) 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. Section 7: The following definitions shall be added to the alphabetical list of definitions contained in Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 (Local Coastal Program Implementation Plan) 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 8: The LCP, including LCP Amendment No. LC2019-008, will be carried out fully in conformity with the California Coastal Act. 11-33 Ordinance No. 2022 - Page 16 of 17 Section 9: The recitals provided in this ordinance are true and correct and are incorporated into the substantive part of this ordinance. Section 10: The City Council hereby authorizes City staff to submit this ordinance for a determination by the Executive Director of the Coastal Commission that this action is legally adequate to satisfy the specific requirements of the Coastal Commission's December 15, 2021, action on LCP Amendment Request No. LCP-5- NPB-20-0025-1 Part C (ADUs). Section 11: This ordinance shall not become effective until the Executive Director of the Coastal Commission certifies that this ordinance complies with the Coastal Commission's December 15, 2021, action on LCP Amendment Request No. LCP-S- NPB-20-0025-1 Part C (ADUs). Section 12: 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 13: The City Council finds the 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 a resolution regarding second units to implement provisions of Sections 65852.2 and 65852.22 of the Government Code. Additionally, this resolution 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 14: 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. 11-34 Ordinance No. 2022 - Page 17 of 17 Section 15: 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 introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of February, 2022, and adopted on the 8th day of March, 2022, by the following vote, to -wit: AYES: NAYS: ABSENT: KEVIN MULDOON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY A TORNEY'S OFF CE R N C. HARP, CITY ATTORNEY 11-35 Attachment C HCD Memorandum Summarizing Changes in State Law 11-36 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY Gavin Newsom, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT ' 2020 W. EI Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov MEMORANDUM DATE: January 10, 2020 TO: Planning Directors and Interested Parties 3,loc a4lw� FROM: Zachary Olmstead, Deputy Director Division of Housing Policy Development SUBJECT: Local Agency Accessory Dwelling Units Chapter 653, Statutes of 2019 (Senate Bill 13) Chapter 655, Statutes of 2019 (Assembly Bill 68) Chapter 657, Statutes of 2019 (Assembly Bill 587) Chapter 178, Statutes of 2019 (Assembly Bill 670) Chapter 658, Statutes of 2019 (Assembly Bill 671) Chapter 659, Statutes of 2019 (Assembly Bill 881) This memorandum is to inform you of the amendments to California law, effective January 1, 2020, regarding the creation of accessory dwelling units (ADU) and junior accessory dwelling units (JADU). Chapter 653, Statutes of 2019 (Senate Bill 13, Section 3), Chapter 655, Statutes of 2019 (Assembly Bill 68, Section 2) and Chapter 659 (Assembly Bill 881, Section 1.5 and 2.5) build upon recent changes to ADU and JADU law (Government Code Section 65852.2, 65852.22 and Health & Safety Code Section 17980.12) and further address barriers to the development of ADUs and JADUs. (Attachment A includes the combined ADU statute updates from SB 13, AB 68 and AB 881). This recent legislation, among other changes, addresses the following: • Development standards shall not include requirements on minimum lot size (Section (a)(1)(B)(i)). • Clarifies areas designated for ADUs may be based on water and sewer and impacts on traffic flow and public safety. • Eliminates owner -occupancy requirements by local agencies (Section (a)(6) & (e)(1)) until January 1, 2025. • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1000 square feet if the ADU contains more than one bedroom (Section (c)(2)(13)). • Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement offstreet parking spaces cannot be required by the local agency (Section (a)(1)(D)(xi)). 11-37 • Reduces the maximum ADU and JADU application review time from 120 days to 60 days (Section (a)(3) and (b)). • Clarifies "public transit" to include various means of transportation that charge set fees, run on fixed routes and are available to the public (Section 0)(10)). • Establishes impact fee exemptions or limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees and impact fees for an ADU of 750 square feet or larger shall be proportional to the relationship of the ADU to the primary dwelling unit (Section (f)(3)). • Defines an "accessory structure" to mean a structure that is accessory or incidental to a dwelling on the same lot as the ADU (Section 0)(2)). • Authorizes HCD to notify the local agency if the department finds that their ADU ordinance is not in compliance with state law (Section (h)(2)). • Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy RHNA housing needs as specified in Gov. Code Section 65583.1(a) and 65852.2(m). • Permits JADUs without an ordinance adoption by a local agency (Section (a)(3), (b) and (e)). • Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom or an interior entry into the single-family residence (Gov. Code Section 65852.22). • Allows upon application and approval, an owner of a substandard ADU 5 years to correct the violation, if the violation is not a health and safety issue, as determined by the enforcement agency (Section (n). • Creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separate from the primary dwelling by allowing deed -restricted sales to occur. To qualify, the primary dwelling and the ADU are to be built by a qualified non-profit corporation whose mission is to provide units to low-income households (Gov. Code Section 65852.26). • Removes covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable (Civil Code Section 4751). • Requires local agency housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low, low-, or moderate -income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction and operation of affordable ADUs (Gov. Code Section 65583 and Health and Safety Code Section 50504.5) (Attachment D). For assistance, please see the amended statutes in Attachments A, B, C and D. HCD continues to be available to provide preliminary reviews of draft ADU ordinances to assist local agencies in meeting statutory requirements. In addition, pursuant to Gov. Code Section 65852.2(h), adopted ADU ordinances shall be submitted to HCD within 60 days of adoption. For more information and updates, please contact HCD's ADU team at adu .hcd.ca.gov. 11-38 ATTACHMENT A GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 (AB 881, AB 68 and SB 13 Accessory Dwelling Units) (Changes noted in strikeout, underline/italics) Effective January 1, 2020, Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on criteria that inC'�bu are Ret limited the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, ,loot Eeverage landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Ra£es. Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The accessory dwelling unit may be rented separate from the primary residence, buy but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing s,Rgle-f—�y dwelling. (iii) The accessory dwelling unit is either attached to, or located within the living area of the within, the proposed or existing primary dwellingor dwelling, includinq attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) The total area of floorspace of If there is an existinq primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the proposed or evicting primary dwelling li"ing area or 1,200 square fee+ existing primary dwelling. (v) The total floor area of fleerspane for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing garage living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existinq structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than five fourfeet from the side and rear lot lines shall be required for an accessory dwelling 11-39 unit that is oonotri toted above a garage. not converted from an existinq structure or a new structure constructed in the same location and to the same dimensions as an existinq structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (1) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (11) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (111) This clause shall not apply to a an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, aft the local agency requires shall not require that those e##sfree offstreet parking spaces be replaced +"o replaGemeRt spaGes may be located OR aRy GORfigUratiOR on the same lot as the accessory dwelliRg- use of meGhaRiGal automobile parking lofts. This Glause shall Rot apply to a URit that is deSGribed oYbdOyioien4c replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a IOGal agenGY reGeives its first appliGatien on or after july 1, 2003, for a permit pursuant to this of b diVioion the appliGatien A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, within 120 days after reneiying the applination ep rmits. The permittinq agency shall act on the application to create an accessory dwellinq unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse it for costs that Ot OnGUrs as a result of amendments to this paragraph enaGted during the 2001 02 Regular SecciOR of the I egiolat ire incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency o, bseq tent t„ the effeCtive date of the aGt adding this paragraph shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. in the ev�at If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void Unen the effeGtive date of the a„t adding this paragraph and that agency shall thereafter apply the standards established in this 11-40 subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section. (5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot ZGRed fE)r residential „moo that includes a proposed or existing single -family dwelling. No additional standards, other than those provided in this subdivision, shall be "tiles used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a) within 120 days of+or ro„o.. ti the appliGa (a). The permitting agency shall act on the application to create an accessory dwelling unit or a iunior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single -family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single -family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single -family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (8) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: CO 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (c) LCJ attanhed and detanhed aGGesson, dwelling UnitsNe minimum Any other minimum or maximum size for an accessory dwelling unit, e-r- size based upon a percentage of the proposed or existing primary dwelling, shall be established by „rdinan„o or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an eff+Ei2nGY - 800 square 11-41 foot accessory dwelling unit that is at least 16 feet in height with four -foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit structure,unit per single family lot Of the unit 06 Gontained within the existing spaGe of a single family residenGe er aGGessory structure, iRGlYdiRg, but not limited to, a studio, pool house, or other similar has independent exterior aGGess from the existing residenGe, and the side and rear setbaGks are suffmGment for fire safety. AGGessory dwelling URitS shall Rot be required to provide fore spriRklers of they - are Rot required for the primary reesidenGe. A Gity may require owner GGGLIpanGy for either the primary or the aGGessor„ idwelliRg ,,nit Greate d through this pr,,Ge Within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet. (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four -foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. 11-42 Q) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. (4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (5) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. (6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) "^may An accessory dwelling units unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer seR�IG8 service, unless the accessory dwelling unit was constructed with a new single -family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (8) For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" is defined in subdivision Lb) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. {A} For an accessory dwelling unit described in subparagraph (A) ofparagraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity Gh� charge, unless the accessory dwelling unit was constructed with a new single -family home. (B) L51 For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size- square feet or the number of its plumhiRg fivtWes drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) mal f1 -agencies- A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. The ` epaFtmont may review and nE)mmont On this submitted „rdiRaRGo. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency's ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, 11-43 no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: CO Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department's findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressinq the department's findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. CO The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. { 4 ilk As used in this section, the following terms mean: /A\ 161 =--'--—" —"---" ___ — ___ — i1—— — "— I— —"--- —r — —1 ---- II-"——" -- I- - —I.-- I— —ii" -- ss a e e e (3) For purposes of this is �e 0 seGtionReghborheedhas the sarne meaning as set forth OR SeGtion 6 5v�vTs (4) (1) "Accessory dwelling unit" means an attached or a detached residential dwelling unit "G" that provides complete independent living facilities for one or more persons— persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot. W Q An effiniennY unit, "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code. {B) LIL A rnaRufaGtured horne, as defiRed OR SeGtion 18007 of the Health and Safety G "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) "Local agency" means a city, county, or city and county, whether -general law or chartered. (6) "Neighborhood" has the same meaning as set forth in Section 65589.5. (7) "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. {-5-} f81 "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. 00) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. 11-44 {9) � "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. W A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. 4) fl) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583. 1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. 11-45 (Becomes operative on January 1, 2025) Section 65852.2 of the Government Code is amended to read (changes from January 1, 2020 statute noted in underline/italic): 65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted. (B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (D) Require the accessory dwelling units to comply with all of the following: (i) The accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit 11-46 that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (1) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (11) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an on ordinance that complies with this section. 11-47 (5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision. (6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or prenor+„ bee used ferTetals of terms'gig r +�30 days. imposed except that, subject to subparagraph (8), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner -occupant or that the property be used for rentals of terms longer than 30 days. (8) Notwithstanding subparagraph (A), a local agency shall not impose an owner -occupant requirement on an accessory dwelling unit permitted between January 1, 2020, to January 1, 2025, during which time the local agency was prohibited from imposing an owner -occupant requirement. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single- family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following: (A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit. (B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following: 11-48 (i) 850 square feet. (ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with four -foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: (i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit: (i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet. (C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, 11-49 passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and may shall allow up to 25 percent of the existing multifamily dwelling units. (D) Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limit of 16 feet and four -foot rear yard and side setbacks. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. (4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days. (5) (6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years. {6-) (7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size. (f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or 11-50 separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home dwelling. (5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. (g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit. (h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency's ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section. (B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following: (i) Amend the ordinance to comply with this section. (ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department. (3) (A) If the local agency does not amend its ordinance in response to the department's findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department's findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Q) As used in this section, the following terms mean: (1) "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed 11-51 or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot. (3) "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (5) "Local agency" means a city, county, or city and county, whether general law or chartered. (6) "Neighborhood" has the same meaning as set forth in Section 65589.5. (A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (7) "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. (8) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (9) "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (11) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling. (1) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit 11-52 for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code: (1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall T rr' �3ffeGt enly unto! januan, 1 2025and as of that date is repealed become operative on January 1, 2025. 11-53 Effective January 1, 2020, Section 65852.22 of the Government Code is amended to read (changes noted in strikeout, underline/italics) (AB 68 (Ting)): 65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following: (1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single- family residences with a single-family residence built, or proposed to be built, on the lot. (2) Require owner -occupancy in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the Wig- walls of the S+tFUGWFe and require the ORGI isinn of an exis+inn he`treem proposed or existing single-family residence. (5) Require a permitted junior accessory dwelling to include a separate entrance from the main entrance to the StFUGWre, proposed or existing single- family residence. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following: (A) n sink with a maximum waste IiRe dia eteF of 1.6 {B) (A) A cooking facility with appliaRGes that dO npt require elentriGal seNiGe greater than 120 volts appliances. (G) (B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. (b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine whethe if the junior accessory dwelling unit is4n- GempllanGe complies with applicable building standards. (c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall he Issued Within 120 Mays of si bmiccien of an applisatien fer a permit pursuant to this. seGtien. The permitting agency shall act on the application to create a iunior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a iunior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the iunior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the iunior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the 11-54 applicant requests a delay, the 60 -day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) For the- purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (e) For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (f) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (g) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section. (g)_(IZL For purposes of this section, the following terms have the following meanings: (1) "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing a single-family c+rUGtUre residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. 11-55 Effective January 1, 2020 Section 17980.12 is added to the Health and Safety Code, immediately following Section 17980.11, to read (changes noted in underline/italics) (SB 13 (Wieckowski)): 11*91.1116i F4 (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (8) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision: (A) The accessory dwelling unit was built before January 1, 2020. (8) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety. (3) The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146. (4) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph Q. (b) For purposes of this section, "accessory dwelling unit" has the same meaning as defined in Section 65852.2. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. 11-56 ATTACHMENT B GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 4, ARTICLE 2 AB 587 Accessory Dwelling Units (Changes noted in underline/italics) Effective January 1, 2020 Section 65852.26 is added to the Government Code, immediately following Section 65852.25, to read (AB 587 (Friedman)): 65852.26. (a) Notwithstanding clause (i) of subparagraph (D) of paragraph (1) of subdivision (a) of Section 65852.2, a local agency may, by ordinance, allow an accessory dwellinq unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply.- (1) pply.(1) The property was built or developed by a qualified nonprofit corporation. (2) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph 00) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (3) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following: (A) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies. B) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the property if the buyer desires to sell or convey the property. (C) A requirement that the qualified buyer occupy the property as the buyer's principal residence. (D) Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for 45 years for owner -occupied housing units and will be sold or resold to a qualified buyer. (4) A grant deed naminq the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. (5) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (b) For purposes of this section, the following definitions apply (1) "Qualified buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (2) "Qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no -interest loan program. 11-57 ATTACHMENT C CIVIL CODE: DIVISION 4, PART 5, CHAPTER 5, ARTICLE 1 AB 670 Accessory Dwelling Units (Changes noted in underline/italics) Effective January 1, 2020, Section 4751 is added to the Civil Code, to read (AB 670 (Friedman)): 4751. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and anV provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwellinq unit or junior accessory dwellinq unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable. (b) This section does not apply to provisions that impose reasonable restrictions on accessory dwellinq units or junior accessory dwellinq units. For purposes of this subdivision, "reasonable restrictions" means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinquish the ability to otherwise construct, an accessory dwellinq unit or junior accessory dwellinq unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code. 11-58 ATTACHMENT D GOV. CODE: TITLE 7, DIVISION 1, CHAPTER 3, ARTICLE 10.6 AB 671 Accessory Dwelling Units (Changes noted in underline/italics) Effective January 1, 2020, Section 65583(c)(7) of the Government Code is added to read (sections of housing element law omitted for conciseness) (AB 671 (Friedman)): 65583(c)(7). Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate -income households. For purposes of this paragraph, "accessory dwelling units" has the same meaning as "accessory dwelling unit" as defined in paragraph (4) of subdivision (i) of Section 65852.2. Effective January 1, 2020, Section 50504.5 is added to the Health and Safety Code, to read (AB 671 (Friedman)): 50504.5. (a) The department shall develop by December 31, 2020, a list of existing state grants and financial incentives for operating, administrative, and other expenses in connection with the planning, construction, and operation of an accessory dwelling unit with affordable rent, as defined in Section 50053, for very low, low-, and moderate -income households. (b) The list shall be posted on the department's internet website by December 31, 2020. (c) For purposes of this section, "accessory dwelling unit" has the same meaning as defined in paragraph (4) of subdivision CO of Section 65852.2 of the Government Code. 11-59 Attachment D March 10, 2020 City Council Staff Report 11-60 Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report March 10, 2020 Agenda Item No. 10 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: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) ABSTRACT: 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. The proposed ordinance amends the Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) providing new local regulations regarding the construction of ADUs and JADUs. The changes include, but are not limited to the zoning districts that allow ADUs and JADUs, maximum allowable size, height limitation, and parking. For City Council's consideration is an ordinance that meets the requirements of State law for ADUs. RECOMMENDATION: a) Conduct a public hearing; b) 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); c) Waive full reading, direct the City Clerk to read by title only, introduce 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) (Attachment A), and pass to second reading on March 24, 2020; and 11-61 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 2 d) Adopt 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) (Attachment B). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. INTRODUCTION: In 2019, the California Legislature adopted a group of housing bills aimed at addressing the housing crisis. The legislature approved, and the Governor signed, SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on the City's ability to regulate ADUs and JADUs (Attachment C). In adopting these new regulations, the State Legislature determined that housing is a matter of statewide concern, rather than a municipal affair. This determination allows the State to mandate charter cities to implement the new ADU laws. The State Legislature intends to reduce regulatory barriers and costs, streamline the approval process, and expand the potential capacity for ADUs. As of January 1, 2020, the City's ordinance regulating ADUs is null and void, thereby limiting the City to the application of the few default standards provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs, unless and until a compliant ordinance is adopted. Initiation of Code Amendment Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a code amendment may be initiated by the City Council with or without a recommendation from the Planning Commission. City Council Policy K-1 (General Plan and Local Coastal Program) provides that a City -sponsored amendment to the certified Local Coastal Program (LCP) shall be initiated by the City Council. On January 14, 2020, the City Council adopted Resolution No. 2020-3, thereby initiating the Code and LCP Amendments (Attachments D and E). Planning Commission Review On February 20, 2020, the Planning Commission conducted a duly noticed public hearing to consider the proposed changes to Titles 20 and 21 of the NBMC. During the public hearing, two speakers addressed the Planning Commission expressing concern about the residential build -out under the General Plan, whether the City's existing infrastructure could support the additional units, and why the State laws apply to a Charter City. 11-62 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 3 It is important to note that the new ADU laws provide that ADUs are considered an accessory use; therefore, they are not considered to contribute towards maximum build -out densities outlined in the General Plan. While staff does anticipate an initial influx of units, the submittals can be expected to taper off. Since the City started allowing ADUs in 2017, only 16 applications have been submitted (11 of which have received building permits). It is highly unlikely that every property in the City will construct an ADU and/or JADU. Like any room addition or new house, staff will continue to monitor all new construction to ensure that the City's infrastructure is not impacted. It is further noted the State Legislature has determined that constructing ADUs are a matter of statewide concern to provide needed housing opportunities, thus allowing them to mandate these changes to charter cities. During their deliberations, the Planning Commission articulated similar concerns. The Planning Commission staff report included a detailed comparison of the City's current ADU regulations to the proposed regulations (Attachment F). At the meeting, the Commission also requested that staff include a comparison of the proposed Newport Beach regulations to the new ADU law with the City Council report. This comparison is contained in Attachment G. While the Planning Commission expressed frustration with the State mandating these changes, they noted that it is important to move the amendments forward. However, the Planning Commission did not want to provide a blanket endorsement of the proposal. Instead, after considering all oral and written evidence, the Planning Commission voted 5-1, with Secretary Lowrey opposed and Commissioner Kleiman absent, to forward the proposed Zoning Code Amendment No. CA 2019-009 and LCP Amendment to the City Council for review (Attachments H and I - Resolutions) and approve if the terms of the 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. The Planning Commission minutes are included as Attachment J. DISCUSSION: Proposed New Regulations The State is now requiring all cities, including charter cities such as Newport Beach, ministerially approve ADUs and JADUs under the following four circumstances: 1. Convert existing space in a single -unit residence to provide either an ADU or a JADU. In this case, only one ADU or JADU is allowed. 2. Convert existing space in a single -unit residence to build a JADU and construct a new detached ADU. In this case, both an ADU and JADU are allowed. 3. Convert non -habitable space, such as garages, storage rooms, etc., in a multiple - unit dwelling property into ADUs. The number of ADUs on the property may not exceed 25 percent of the total number of units. A minimum of one ADU will be allowed and JADUs are not permitted. 11-63 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 4 4. Construct two -detached ADUs on the same property as a multiple -unit dwelling. This limits the total number of ADUs for the entire property to two. JADUs are not permitted. As part of the new ADU law, the City can no longer require a minimum lot size (previously a 5,000 square -foot minimum lot size was required), which results in the potential that any property improved with a residential unit could be eligible to provide an ADU. Additionally, the new ADU laws limit the ability to require owner -occupants and allow the City to set maximum unit sizes of 850 square feet for a one -bedroom ADU and 1,000 square feet for a two-bedroom ADU. Parking The proposed amendments would require one parking space for each ADU (JADUs are not required to provide a parking space). However, the City is required to waive the ADU parking space requirement in the following circumstances: 1. The ADU is located within one-half ('/2) mile walking distance to a transit stop; 2. The ADU is located within one (1) block of a designated car share pick up and drop off location; 3. The ADU is located within an architecturally and historically significant historic district; 4. The ADU is proposed to be converted from the existing space entirely within the primary dwelling unit or an existing accessory structure; or 5. The ADU is located in a permit parking area where on -street parking permits are required, but not offered to the occupant(s) of the accessory dwelling unit. If an owner wishes to convert their existing garage to an ADU, the new ADU laws prevent the City from requiring replacement parking for the garage spaces lost to the conversion. This allowance does not apply to JADUs, which must provide replacement parking if they convert a garage. Coastal Commission staff has expressed a concern that converting garages and not providing replacement parking could impact the public parking supply in the Coastal Zone thereby impacting public access. This would potentially make the garage conversion portions of the ADU law inconsistent with the Coastal Act. The new ADU laws specifically state, "Nothing [in the new laws] shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976..." Accordingly, the proposed amendment to Title 21 requires replacement parking for any garage, carport, or other covered parking that is converted to an ADU. This replacement parking requirement of the proposed ordinance only affects properties within the Coastal Zone. 11-64 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 5 Notwithstanding the requirement to waive parking for the above listed circumstances, during the Planning Commission hearing Vice Chair Weigand suggested the City consider an incentive to those owners who provide parking when not required to do so. An incentive has not been included with the proposed amendments; but the City Council can consider adding an incentive such as waiving building permit fees, increasing the maximum heights for detached ADUs, or providing a floor area bonus. Redlined changes of the proposed amendments are included as Attachments K and L. Local Coastal Plan Similar to the Zoning Code, the Implementation Plan of the Local Coastal Program (LCP) does not permit ADUs in a manner that is consistent with changes in State law and must be revised. Therefore, subsequent to City Council adoption of this Zoning Code Amendment, staff will submit corresponding amendments to the LCP for review and approval by the California Coastal Commission (CCC). Until the LCP amendment is reviewed and approved by the CCC, the City will continue to process ADUs in the Coastal Zone in accordance with the current LCP regulations. For projects that are now consistent with State law, but inconsistent with the LCP, staff will rely on CCC Guidance Memorandums, which indicate that any eligible projects located in the Coastal Zone that qualify for a Coastal Development Permit (CDP) exemption, such as conversions of existing spaces (excluding garages) into ADUs and JADUs, may be permitted. Projects that do not qualify for an exemption, such as new construction ADUs to multi -unit buildings, cannot be processed until the LCP Amendment is approved and adopted. Once the City obtains Coastal Commission approval, staff will return to the City Council with a final ordinance to amend Title 21. State Department of Housing and Community Development Review Paragraph (h) of Government Code Section 65852.2 requires the City to submit the ordinance to the State Department of Housing and Community Development (HCD) within 60 days of adoption. Upon adoption of the proposed ordinance to amend Title 20, staff will forward the ordinance to HCD for review. If HCD finds the ordinance does not comply with the new ADU laws, HCD will notify the City. Should this occur, the City would have 30 days to either amend the ordinance or adopt additional findings that explain the reason the ordinance complies with the statute. Since the amendment to Title 21 requires Coastal Commission approval, the ordinance amending Title 21 will be submitted to HCD after the Coastal Commission process is complete. Relationship to Regional Housing Needs Assessment (RHNA) At this time with our current understanding of HCD's guidelines, only a small number of ADUs and JADUs will count towards the City's housing production in meeting RHNA housing targets. In the past, HCD has relied heavily on past production to illustrate anticipated future production and current State regulations identify past production as one of several factors to determine ADUs to satisfy a portion of RHNA. In most cities and counties including Newport Beach, regulations for ADUs were much more restrictive before recent changes in law were adopted. To account for changes in law, draft guidance from HCD indicates they may allow jurisdictions to account for the increased ADU potential as follows - 11 -65 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 6 • Local trends in ADU construction since 2018; • Assume the average statewide increase of five times the previous planning period trends; • Trends from regional production of ADUs since 2017; • Programs that aggressively promote and incentivize ADU and JADU construction; or • Other analysis (reviewed on a case-by-case basis). Within the current planning period (2014-2021), the City of Newport Beach has permitted a total of 11 ADUs. Applying HCD's factor of five times the number of past permitted ADUs results in only 55 units counting towards the City's upcoming RHNA. Should the City promote ADU and JADU development, production may increase and the City will need to rely more heavily on them to meet the City's RHNA. The City is also supporting and has requested changes in legislation that would establish clear and objective standards that jurisdictions can utilize when determining the extent to which future ADUs count towards Housing Element RHNA site requirements. The legislation would also establish reasonable assumptions for determining the percentage of ADUs that count towards lower-income RHNA requirements. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project 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: Pursuant to Section 13515 of the California Code of Regulations, a review draft of the LCP amendment was made available and a Notice of Availability was distributed on February 14, 2020. In addition, notice of the proposed amendments was published in the Daily Pilot as an eight -page advertisement, consistent with the provisions of the NBMC. The item also appears on the agenda for this meeting, which was posted at City Hall and on the City Website. 11-66 Ordinance No. 2020-9: Introduction of an Accessory and Junior Accessory Dwelling Unit Ordinance (PA2019-248) March 10, 2020 Page 7 ATTACHMENTS: Attachment A — Ordinance No. 2020-9 Attachment B — Resolution No. 2020-24 Attachment C — HCD Memorandum Summarizing Changes in State Law Attachment D — City Council Resolution No. 2020-3 Attachment E — January 14, 2020 City Council Minutes Excerpts Attachment F — February 20, 2020 Planning Commission Staff Report Attachment G — Comparison State ADU Law vs Proposed NBMC Attachment H — Planning Commission Resolution No. PC2020-006 Attachment I — Planning Commission Resolution No. PC2020-007 Attachment J — February 20, 2020 Draft Planning Commission Minutes Excerpts Attachment K —NBMC Title 20 (Planning and Zoning), Proposed Redlined Code Changes Attachment L — NBMC Title 21 (Local Coastal Program Implementation Plan), Proposed Redlined Code Changes 11-67 Attachment F February 20, 2020 Planning Commission Staff Report 11-68 "'O�JFr', CITY OF NEWPORT BEACH �.y PLANNING COMMISSION STAFF REPORT February 20, 2020 Agenda Item No. 4 SUBJECT: Accessory Dwelling Unit Ordinance Update (PA2019-248) ■ Code Amendment No. CA2019-009 • Local Coastal Program Amendment No. LC2019-008 SITE LOCATION: Citywide APPLICANT: City of Newport Beach PLANNER: David Blumenthal, AICP, Planning Consultant 949-644-3200, dblumenthal(a)newportbeachca.gov PROJECT SUMMARY Amendments to the Zoning Code and Local Coastal Program (LCP) revising the City's regulations pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to conform with revisions to Government Code Sections 65852.2 and 65852.22 that went into effect on January 1, 2020. Specifically, the proposed amendments would update regulations permitting the development of ADUs and JADUs in conjunction with any residential development in all residential and mixed-use zones. RECOMMENDATION 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. PC2020-006 (Attachment No. PC 1) recommending the City Council approve Zoning Code Amendment No. CA2019-009 modifying regulations pertaining to accessory dwelling units; and 4) Adopt Resolution No. PC2020-007 (Attachment No. PC 2) recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019- 008 to the California Coastal Commission. 11-69 DISCUSSION Background In 2019, the California Legislature adopted another group of housing bills aimed at addressing the housing crisis. The legislature approved, and the Governor signed, SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on the City's ability to regulate ADUs and JADUs. In adopting these new regulations, the State Legislature determined that these changes are a matter of statewide concern, rather than a municipal affair. This determination allows the State to mandate charter cities implement the new ADU laws. Since AB 881 was the last chaptered bill signed by the Governor affecting Government Code Section 65852.2, it will supersede SB 13 and AB 68. However, other portions of SB 13 and AB 68, not affecting Government Code 65852.2, are still in force. The State Legislature intends to reduce regulatory barriers and costs, streamline the approval, and expand the potential capacity for ADUs in response to California's housing shortage. These changes would assist the City in meeting its allotment for the upcoming Regional Housing Needs Allocation (RHNA) cycle. Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) as of January 1, 2020, has rendered the City's ordinance regulating ADUs null and void, thereby limiting the City to the application of the few default standards provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs, unless and until a compliant ordinance is adopted. On January 14, 2020, the City Council adopted Resolution 2020-3, initiating the subject Code Amendment and LCP Amendment directing staff to draft regulations that comply with the new State regulations. Proposal In order to restore local regulations, as allowed under the new ADU laws, the City of Newport Beach needs to adopt new ADU and JADU ordinances. To accomplish this the code sections listed below will need to be amended. §20.18.020, §20.22.020, §21.18.020, and §21.22.020 — Permitted Use Tables §20.48.200 and §21.47.200 — Accessory Dwelling Units §20.70.020 and §21.70.020 — Definitions ADU vs JADU One key component of the new ADU laws is that the City is now required to allow JADUs, whereas, the City had previously prohibited them. While they are similar types of units, there are some key differences. ADUs and JADUs are both independent living units with 11-70 an exterior entrance into the unit; however, JADUs are limited to no more than 500 square feet. Additionally, JADUs are limited to an efficiency size kitchen, can have an internal access to the primary dwelling unit, and can share sanitary facilities with the primary unit. Conversely, ADUs can be up to 1,000 square feet, shall be fully self-contained (including sanitation), and may not include internal access to the primary dwelling unit. Summary of Current Regulations Under the current regulations of the Newport Beach Municipal Code (NBMC), property owners can build a single ADU on any residentially zoned property that is improved with single -unit residence. For new construction ADUs, the property must be at least 5,000 square feet in lot area, the ADU is limited to a maximum size of 750 square feet, and one additional parking space is required for the ADU. For ADU conversions of existing floor area, there is no minimum lot size, no maximum unit size, and no additional parking requirements; however, if the ADU is a garage conversion, then replacement parking is required for the displaced parking. The City also requires that the property owner live in either the principal dwelling unit or the ADU. The City's regulations do not recognize JADUs and as a result, they are prohibited. Proposed New Regulations Under the new regulations, the City must allow ADUs in all residential zones and any mixed-use zone that permits residential dwelling units. The City must also allow JADUs in any property developed with a single -unit residence. Under the proposed amendments, ADUs and JADUs will be allowed under the following four circumstances: 1. Convert existing space in a single -unit residence to provide either an ADU or a JADU. In this case, only one ADU or JADU is allowed. 2. Convert existing space in a single -unit residence to build a JADU and construct a new detached ADU. In this case, both an ADU and JADU are allowed. 3. Convert non -habitable space, such as garages, storage rooms, etc., in a multiple - unit dwelling property into ADUs. The number of ADUs on the property may not exceed 25 percent of the total number of units. A minimum of one ADU will be allowed and JADUs are not permitted. 4. Construct two -detached ADUs on the same property as a multiple -unit dwelling. This limits the total number of ADUs for the entire property to two. JADUs are not permitted. Itis important to note that for the purpose of implementing these new regulations, multiple - unit dwellings that are approved and built as a single complex are considered one property, regardless the number of parcels. 11-71 Lot and Unit Size In addition to allowing ADUs and JADUs in the residential zones, the new State regulations eliminate minimum lot size, thus providing the potential to construct either an ADU or JADU on every residential property in the City. The State has included several provisions that regulate unit size of ADUs and JADUs. The City is required to allow ADUs and JADUs that qualify as efficiency units under the building code. In these cases, the units can be as small as 220 square feet. Additionally, the City cannot apply floor area limits or site coverage requirements if it prevents a minimum 800 square foot ADU. Under State law, the maximum unit size for an attached ADU is 50 percent of the primary dwelling; while a detached ADU has a maximum size of 1,200 square feet. However, with adopting a local ordinance, the City may apply a smaller maximum size of an ADU. The smallest maximum size of an ADU that City may establish is 850 square feet for studios and one -bedroom and 1,000 square feet for two-bedroom. The size of JADUs cannot exceed 500 square feet. Parking The new State ADU laws allow the City to require one parking space for all new ADUs, but prohibit parking requirements for JADUs. However, the City is required to waive the ADU parking requirement in the following circumstances: • The ADU is located within one-half ('/2) mile walking distance to a transit stop; • The ADU is located within one (1) block of a designated car share pick up and drop off location; • The ADU is located within an architecturally and historically significant historic district; • The ADU is proposed to be converted from the existing space entirely within the primary dwelling unit or an existing accessory structure; or • The ADU is located in a permit parking area where on -street parking permits are required, but not offered to the occupant(s) of the accessory dwelling unit. While these exceptions are currently provided in the Newport Beach Municipal Code, the State clarified a transit stop is a fixed route bus, train, or subway that is open to the public and charges set fares. The State further clarified that the one-half ('/2) mile distance is a walking distance, not based on a radius. An approximation of these areas is attached as Attachment No. PC 3. If an owner wishes to convert their existing garage to an ADU, the new ADU laws prevent the City from requiring replacement parking for the garage spaces lost to the conversion. This allowance does not apply to JADUs, which must provide replacement parking if they convert a garage. Coastal Commission staff has expressed a concern that converting garages and not providing replacement parking could impact the public parking supply in the Coastal Zone thereby impacting public access. This would potentially make the 11-72 garage conversion portions of the ADU law inconsistent with the Coastal Act. The new ADU laws specifically state, "Nothing [in the new laws] shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976..." Accordingly, the proposed amendment to Title 21 requires replacement parking for any garage, carport, or other covered parking that is converted to an ADU. This replacement parking requirement of the proposed ordinance only affects properties within the Coastal Zone. Owner -Occupant The City had previously required the property owner live in either the primary unit or the ADU. Under the new State requirements, this rule is temporarily suspended for five years. For ADUs built between January 1, 2020, through January 1, 2025, the City is not permitted to impose an owner -occupant requirement. This does not void previous covenants requiring owner -occupants for the ADUs that were built prior to January 1, 2020, nor will it prevent the City from requiring owner -occupants for units built after January 1, 2025. Notwithstanding this, an owner -occupant is required for residences developed with JADUs. Comparison of Regulations In addition to the items discussed above, the new ADU laws provide a greater height and, in some cases, reduced setbacks for detached units. The new ADU laws also provide the State new tools to enforce compliance with Government Code Sections 65852.2 and 65852.22. A summary of the proposed changes is as follows in Table 1: Table 1 - Accessory Dwelling Units Development Standards Standard Newport Beach Municipal Code vs New State ADU Law Location Existing NBMC: Residentially zoned property improved with a single -unit residence. New State ADU Law: Any property improved with a single - unit, multiple -unit, or mixed-use development. Number of Units Existing NBMC: On residentially zoned property developed Allowed with a single -unit dwelling, one ADU only. New State ADU Law: On single -unit developed properties, one ADU and one JADU. On multiple -unit and mixed-use developed properties, up to 25 percent of the existing units (minimum one allowed). Minimum Lot Size Existing NBMC: 5,000 square feet. 11-73 11-74 New State ADU Law: No minimum lot size. Maximum Unit Size Existing NBMC: ADU = 750 square feet. New State ADU Law: ADU = 850 square feet for studios and one- bedroom units and 1,000 square feet for two-bedroom units; JADU = 500 square feet. Existing NBMC: For garage conversions, no additional setback Setbacks is required, beyond what is currently provided. For ADUs above the garage a five-foot side and rear setback is required. For all others, setbacks are per the zoning code requirement for the base zone. New State ADU Law: For conversion and replacement of existing structures, no additional setback is required, beyond what is currently provided. Front setbacks are per the zoning code requirement for the base zone. Side and rear setbacks are per the zoning code requirement for the base zone or four feet, whichever is less. Height Existing_NBMC: For attached units or units above garages, the height is per the zoning code requirement for the base zone. For detached units, the maximum height is 14 feet. New State ADU Law: For attached units or units above garages, the height is per the zoning code requirement for the base zone. For detached units, the maximum height is 16 feet. 11-74 Parking Existing NBMC: One space per unit, except if property is: 1) located within one-half (1/2) mile of a major transit stop; 2) located within one (1) block of a designated car share pick up and drop off location; 3) located within an architecturally and historically significant historic district; 4) proposed to be converted from the existing space entirely within the primary dwelling unit or an existing accessory structure; or 5) located in a permit parking area where on -street parking permits are required, but not offered to the occupant(s) of the accessory dwelling unit. New State ADU Law: For JADU, no parking is required. For ADU, one space per unit, with the same exceptions described above; however, exception 1) has been changed to located within one-half (1/2) mile walking distance of public transit. Garage Existing NBMC: When garage, carport, or covered parking is Conversions replaced/converted to ADU, parking shall be replaced in any configuration on the same lot. New State ADU Law: If garage, carport, or covered parking is replaced/converted to ADU, no replacement parking is required. However, due to a potential inconsistency with the Coastal Act related to public access, the proposed code amendment does require replacement parking for properties within the coastal zone. Owner -Occupancy Existing NBMC: The property owner shall live in either the Requirement primary residence or the ADU. New State ADU Law: For ADU, the property owner shall live in either the primary residence or the ADU. For JADU, the property owner shall live in the primary residence. However, this rule is suspended for ADUs created between 1/1/2020 and 1/1/2025, during which time no owner -occupancy requirements are required. 11-75 State Department of Housing and Community Development (HCD) Review Paragraph (h) of Government Code Section 65852.2 requires the City submit the ordinance to the State Department of Housing and Community Development (HCD) within 60 days of adoption. Should the City Council approve the proposed ordinance to amend Title 20, staff will forward the ordinance to HCD for review. If HCD finds the ordinance does not comply with the new ADU laws, HCD will notify the City. Should this occur, the City would have 30 days to either amend the ordinance or adopt additional findings that explain the reason the ordinance complies with the statute. Since the amendment to Title 21 requires Coastal Commission approval, the ordinance amending Title 21 will be submitted to HCD after the Coastal Commission process is complete. General Plan Consiste The law states that ADUs shall be deemed an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed a residential use that is consistent with the existing general plan and zoning district for the lot. Therefore, no amendments to the General Plan are required. Local Coastal Plan Similar to the Zoning Code, the Implementation Plan of the Local Coastal Program (LCP) currently regulates ADUs inconsistent with State law. Therefore, subsequent to City Council adoption of this Zoning Code Amendment, staff will submit corresponding amendments (Attachment No. PC2) to the LCP for review and approval of the California Coastal Commission. In accordance with California Coastal Commission Guidance Memorandums, any eligible projects located in the Coastal Zone that qualify for a Coastal Development Permit (CDP) exemption will be processed consistent with the Zoning Code. Projects that do not qualify for an exemption cannot be processed until the LCP Amendment is approved and adopted. Relationship to Regional Housing Needs Assessment (RHNA) ADUs and JADUs will count towards the City's housing production in meeting RHNA housing targets. Given the extraordinary and unprecedented high RHNA allocation (approximately 4,832 units) that is anticipated for the upcoming 2021-2029 Housing Element planning period, staff anticipates using ADUs as a strategy in identifying to HCD that the City has adequate sites and capacity to meet the allocation. Government Code Sections 65852.2(m) and 65583.1 provide HCD full discretion in determining how ADUs and JADUs count towards meeting RHNA. In the past, HCD has relied heavily on past production to illustrate anticipated future production and current State regulations identify past production as one of several factors to determine ADUs to satisfy a portion of RHNA. In most cities and counties including Newport Beach, regulations for ADUs were much more restrictive before recent changes in law were adopted. Therefore, Staff believes that past production should not be utilized as the most important factor in estimating future 11-76 ADU development for RHNA. Should the City promote ADU and JADU development, production may increase and the City could rely more heavily on them to meet the City's RHNA. HCD has indicated that they are in the process of preparing a memorandum to provide cities and counties guidance on how ADUs may be utilized in identifying adequate sites in this upcoming Housing Element update. Abilities for Homeowner's Association (HOA) to Regulate In addition to the aforementioned State laws that prescribe the regulations the City must implement, the State also enacted AB 670 (Chapter 178, Statutes of 2019). AB 670 deems any CC&R recorded to a property that is zoned for single -unit residential uses and prohibits, or unreasonably restricts, ADUs or JADUs null and unenforceable. This effectively eliminates an HOA's ability to prohibit ADUs and JADUs in the R -A (Residential -Agricultural), R-1 (Single -Unit Residential), and equivalent planned community zoning districts. These State laws do not apply to R-2 or multi -family zones so theoretically an HOA could enforce private CC&Rs; however, the State Legislature could expand the prohibition to all residential zones if a significant impediment to ADU and JADU production resulted. .Capacity to Accommodate ADUs and JADUs Citywide Since ADUs are now permitted on all residential properties and in some cases multiple ADUs and/or JADUs can be provided, it is undetermined as to the maximum number of ADUs and JADUs that could be constructed. While staff does anticipate an initial influx of units, the submittals can be expected to taper off. It is highly unlikely and speculative that every property in the City will construct an ADU and/or JADU. ADUs and JADUs will be reviewed much like any room addition or new house. Staff will continue to monitor all new construction to ensure that the City's infrastructure is not impacted. Alternatives The Planning Commission may recommend revisions to the draft ordinance provided the revisions are consistent with State law and are not more restrictive than the State's allowance. Noncompliance with State law will render the City's ADU ordinance null and void, thus requiring the City to utilize the State's more lenient ADU standards until the City modifies it regulation appropriately. 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 11-77 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. Public Notice 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. Prepared by: David Blumenthal, AICP Planning Consultant ATTACHMENTS Submitted by: Jim Campbell Deputy Community Development Director PC 1 Draft resolution recommending approval of Zoning Code Amendment No. CA2019-009 PC 2 Draft resolution recommending approval of submission of Local Coastal Program Amendment No. LC2019-008 PC 3 Public Transit Stops and '/z mile radius PC 4 NBMC Title 20 (Planning and Zoning), proposed redlined code changes PC 5 NBMC Title 21 (Local Coastal Program Implementation Plan), proposed redlined code changes 11-78 Attachment G Comparison State ADU Law vs Proposed NBMC 11-79 Standard State ADU Law Proposed NBMC Modifications Allowed Zone Any zone that allows residential dwelling units Allowed in the following zones: R -A, R- No 1, R -BI, R-2, RM, RMD, MU -V, MU -MM, MU -DW, MU -CV, MU -W1, AND MU -W2 Number of Single -Family: One ADU and one JADU One ADU and one JADU No Units Allowed Multi -Family: 25% of the existing units 25% of the existing units No City can allow additional units No additional units allowed Yes Minimum Lot No minimum lot size Minimum lot size eliminated No Size Maximum Unit JADU: 500 square feet 500 square feet No Size One Bedroom 1,200 square feet 850 square feet Yes, but must allow 850 square feet Two Bedroom 1,200 square feet 1,000 square feet Yes, but must allow 1,000 square feet Front Setback Per base zone Per base zone Side and Rear Attached Unit: Sufficient for Fire and Safety Per base zone Yes, proposed to Setback maintain base zoning for compatibility Detached Unit: Four feet Four Feet No 11-80 Attachment E Resolution No. 2020-24 11-81 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) 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; WHEREAS, the California Coastal Commission 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; 11-82 Resolution No. 2020-24 Page 2 of 14 WHEREAS, Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code ("NBMC") regulating accessory dwelling units, most recently amended in 2019 pursuant to Ordinance No. 2019-1, is partially inconsistent with Government Code Sections 65852.2 and 65852.22; WHEREAS, the City desires to amend Title 21's (Local Coastal Program Implementation Plan) 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; 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 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 6t" 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; 11-83 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 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 regarding LCP Amendment No. LC2019-008 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 Newport Beach Municipal Code ("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. PC2020-007 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; 11-84 Resolution No. 2020-24 Page 4 of 14 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 Chapter 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of LCP Amendment No. LC2019-008 were made available and a Notice of Availability was distributed at least six (6) weeks prior to the City Council public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council authorizes staff to submit Local Coast Amendment No. LC2019-008, as set forth below, to the California Coastal Commission for review and approval, repealing and replacing Section 21.48.200 (Accessory Dwelling Units) and amending related provisions of Title 21 (Local Coastal Program Implementation Plan) as provided herein. Section 2: The row entitled "Accessory Dwelling Units" set forth in Table 21.18-1 (Allowed Uses) in Section 21.18.020(C) (Residential Coastal Zoning Districts Land Uses) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is amended to read as follows: Land Use See Part 7 of this Implementation R -BI Plan for land use definitions. R-1 R-2 RM Specific Use See Chapter 21.12 for unlisted uses. R -A R-1-6,000 R-2-6,000 RM -6,000 Re ulations •- Residential Uses Accessor Accessory Dwelling Units and Junior P P P P Section AccessoryDwelling Units 21.48.200 Section 3: The row entitled "Accessory Dwelling Units and Junior Accessory Dwelling Units" is added to Tables 21.22-1 and 21.22-2 (Allowed Uses) of Section 21.22.020 (Mixed -Use Coastal Zoning Districts Land Uses and Permit Requirements) of Chapter 21.22 (Mixed -Use Coastal Zoning Districts (MU -V, MU -MM, MU-CV/15TH ST., MU -W1, MU -W2)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows: 11-85 Resolution No. 2020-24 Page 5 of 14 TABLE 21.22-1 Mixed -Use Zoning Districts A Allowed ALLOWED USES — — Not Allowed* Land Use MU - See Part 7 of this Implementation Plan for land use MU -V MU- Specific Use definitions. (6) MM (4) CV/15th Regulations See Chapter 21.12 for unlisted uses. (5) Regulations St. (5)(6) Residential Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Dwelling Units and Junior Accessory Dwelling Units A A A Section 21.48.200 TABLE 21.22-2 ALLOWED USES Mixed -Use Coastal Zoning Districts A 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 Accessory Dwelling Units and Junior Accessory Dwelling Units A A Section 21.48.200 Section 4: Section 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: 11-86 Resolution No. 2020-24 Page 6 of 14 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 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 Coastal Land Use Plan and coastal zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling units 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; 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. 11-87 Resolution No. 2020-24 Page 7 of 14 4. The applicant shall obtain a Coastal Development Permit, pursuant to Chapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or excluded from the coastal development permit process. D. Coastal Development Permits. 1. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development Review Procedures) 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 (Public Hearings) 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 (Appeals and Calls for Review), coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealed 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. E. Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/or junior 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; or 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 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. Resolution No. 2020-24 Page 8 of 14 2. Detached/Attached on Lot with Single -Unit Dwelling. One (1) detached, 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). 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. F. 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) and Title 21 (Local Coastal Program Implementation Plan) 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. 11-89 Resolution No. 2020-24 Page 9 of 14 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. 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, as required by underlying zoning district; and b. The principal dwelling unit complies with parking standards set forth in Section 21.40.040. 4. Unit Size. a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one -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 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. 11-90 Resolution No. 2020-24 Page 10 of 14 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. 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. 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 21.40 (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 parking shall be required for: i. Accessory dwelling units converted as part of a proposed or existing space of principal residence or existing accessory structure; 11-91 Resolution No. 2020-24 Page 11 of 14 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 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 remain in effect at a fixed location for at least ten (10) years and available to the public. e. 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. G. 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 (G)(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 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. 11-92 Resolution No. 2020-24 Page 12 of 14 H. 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. 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. I. 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. J. 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 6: The following definitions listed in the alphabetical list of definitions contained in Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC are amended to read as follows: 11-93 Resolution No. 2020-24 Page 13 of 14 "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. Section 7: The following definitions shall be added to the alphabetical list of definitions contained in Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions) of Title 21 (Local Coastal Program Implementation Plan) 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 8: LCP Amendment No. LC2019-008, shall be carried out in full conformance with the California Coastal Act of 1976 as set forth in the California Public Resources Code Section 30000 et seq. LCP Amendment No. LC2019-008 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. Section 9: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 11-94 Resolution No. 2020-24 Page 14 of 14 Section 10: 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 11: The City Council finds the adoption of this resolution 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 a resolution regarding second units to implement provisions of Sections 65852.2 and 65852.22 of the Government Code. Additionally, this resolution 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 12: This resolution shall not become effective for thirty (30) days and until certified by the Executive Director of the Coastal Commission. ADOPTED this 10th day of March 2020. Will O'Neill Mayor ATTEST: ill V " -uvyywK 1 1L-1 . v • I y`� Leilani I. Brown City Clerk U APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aa n C. Harp Cit ttorney 11-95 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; the foregoing resolution, being Resolution No. 2020-24, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 10th day of March, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of March, 2020. mv,� mg /�, � � � Leilani I. Brown City Clerk Newport Beach, California 11-96 Attachment F Coastal Commission Approval Letter and Suggested Modifications 11-97 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD, SUITE 300 LONG BEACH, CA 90802-4325 VOICE (562) 590-5071 FAX (562) 590-5084 January 25, 2022 City of Newport Beach Planning Department Jaime Murillo, Principal Planner 100 Civic Center Drive Newport Beach, CA 92658 RE: City of Newport Beach Local Coastal Program (LCP) Amendment No. LCP-5-NPB- 20-0025-1, Part C (Accessory Dwelling Units). Dear Mr. Murillo, You are hereby notified that the California Coastal Commission, at its December 15, 2021 virtual meeting, approved the City of Newport Beach Local Coastal Program (LCP) Amendment No. LCP-5-NPB-20-0025-1, Part C with suggested Modifications. Amendment No. LCP-5-NPB-20-0025-1, Part C, which was submitted pursuant to City Council Resolution No. 2020-24, incorporates changes to the Land Use Plan (LUP) and Implementation Plan (IP) portions of the LCP to revise the existing regulations in the IP regarding accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). The Commission approved the LCP Amendment with suggested modifications. Thus, the Amendment will become final 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 November 19. 2021 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 December 15, 2021, certification of the City of Newport Beach LCP Amendment No. LCP-5-NPB-20-0025-1, Part A 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. Please email Amrita Spencer or myself if you have any questions regarding the modifications required for effective certification of City of Newport Beach LCP Amendment No. LCP-5-NPB-20-0025-1, Part C. Sincerely, Amber Dobson District Manager 11-98 Attachment A: Suggested Modifications to Amendment No. LCP-5-NPB-20- 0025-1, Part C Certification of City of Newport Beach Local Coastal Program (LCP) Amendment No. LCP-5- NPB-20-0025-1, Part C is subject to the following modifications. Text added by the suggested modifications are bold and double underlined._ and text suggested to be deleted is S+�14 through. 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 (D8finiti^n&` and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in Single snit rooildontial Z„niRg diStrintc Or -areas designated for SiRgle WRit 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 reauirements in this section shall not be: 1. Deemed to be inconsistent with the Coastal Land Use Plan and coastal zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling units 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 buildingstandards in accordance with California Health and Safety Code Section 17980.12. B -.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 rovided b the Director and the following conditions: in Geni„nGti„n with single -unit dwellings in allresidential zoning rdictrintS s ibiont )yal of the DironteF upon finding that the following Genditiens have been met: 1. There is an existing or proposed dwelling unit on the lot; 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 established OR the ;,,eGtie, lo, a 2 11-99 3. The dwelling conforms to the coastal resource protection development regulations of Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay District), Section 21.30.100 (Scenic and Visual Quality Protection). or Chapter 21.30B (Habitat Protection): 4. The Zoning clearance shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date thatthe City determines an reGeiiyes a ^^mplete ' application to be complete, unless either: a. The applicant requests a delay, in which case the sixty (60) day timeperiod is tolled for the period of the requested delay, or b. In the case of an application for an accessory dwelling unit and/or iunioraccessory dwellina unit is 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. Coastal Development Permits. 1. Application. The applicant shall obtain a Coastal Development Permit, pursuant toChapter 21.52 (Coastal Development Review Procedures), unless otherwise exempt or excluded from the coastal development permit process pursuant to Section 21.52.035 (Projects Exempt from Coastal Development Permit Requirements) or Section 21.52.045 (Categorical Exclusions). AU -new a^^^cc^^ dw^llinn unuts and i��ni^r inn^cc^wi d w ellinn unots shall reaunr^ a a�Tcr.ave-y--a�rcrTrrg-armv�rrairTcqurr�a 2. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development Review Procedures) 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 (Public Hearings) shallnot 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. Written comments received shall be reviewed by the Review Authority. 3. Appeal Exemption. Notwithstanding the local appeal provisions of 11-100 Chapter21.64 (Appeals and Calls for Review), coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealed to the Coastal Commission in accordance with the provisions of Section 21.64.035 without a discretionary hearing by the Planning Commission or Citv Council. E. Maximum Number of Units Allowed. The following is the maximum number ofaccessory dwelling units and/or junior accessory dwelling units allowed on any residential lot. For the purposes of this section, multi -unit dwellina means a structure or development containing two or more dwelling units. Unless otherwise specified below, only one (1) of the categories described below in this subsection categop i�-mav be used per lot. 1. Internal to a Single -Unit or Multi -Unit Dwelling Categorv. Only one (1) accessory dwellingunit or one (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existina sinale-unit or multi -unit dwellina. subiect to the followina: a. The accessory dwelling unit ^r °..„° mGessery dwelling upA is proposed: i. Within the space of a proposed single -unit or multi -unit dwelling; or ii. Within the existing space of an existing single -unit or multi -unit dwellinq;or iii. Within the existing space of an existing accessory structure,plus an addition beyond the physical dimensions of the existing structure of up to 150 sauare feet if the expansion is limited to accommodating ingress and egress. b. The junior accessory dwelling unit is proposed: L Within the space of a proposed single -unit dwellina: or ii. Within the existing space of an existing single -unit dwellina: c. The accessory dwelling unit or junior accessory dwelling unit willhave independent exterior access from the single -unit dwelling. d. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15(Buildinas and Construction) of this the Municipal Code. ISI 11-101 2. Detached/Attached on Lot with Single -Unit or Multi -Unit Dwelling Category. One (1) detached, new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit or multi -unit dwelling. A detached, new -construction accessory dwelling unit may also be permitted in addition to any junior accessorydwelling unit that might otherwise be established on the lot under subsection (D)(1)(b). 3. Conversion of Multi -Unit Dwelling Cateaorv. Multiple accessory dwelling unitsmay 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) oercent of the existina multi -unit dwellinas 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 counttowards the number of existing multi -unit dwellings; Fractions shall be rounded down to the next lower number ofdwelling 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 to an accessory dwelling unit 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 Categorx. Up to two (2) detached eew- Gonstruc;thD„ accessory dwelling units may be etea constructed 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. Q. -F. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all requirementsof the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of this Code, including but not limited to height, setback, site coverage, floor area 5 11-102 limit, and residential development standards -and design criteria.; unless the unit is Gentained within a legal, nenGenferming StrUGtUre and does not expand the nenGenfenT4ty-. fi ► . .. .. . . f !_^tiTiTill 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: in `"'hinh they aro IeGa+o.d eXGep+ in naseswherefhe mini Tequire d garage ce ��ffer , i nrinnipal hildiRg setbaGks, in whinhn''o``110`""0the felleWinn applies,! !! :3 the side anrd roar setbaGkS r+mmPhi with required builydinn a�-r����ai-rcrTccrr mss. For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback, GORs+rUGte d abeye the garage. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing setback provided,_ unless a greater setback is needed to comply with Section 21.48.200(C ' . This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are reDlacina existina structures within the same footprint and do not exceed the existing structure's size and/or height. c Ne w iy constructed Attached and detached accessory dwelling units may provide a minimum setback of four (4) feet from all side property lines and rear property lines notabutting an alley. 3. Building Height. Detached accessory dwelling units shall not exceed one (1) story and a height of fear+eon (14) sixteen (16) feet. unless the—acGessery GOmnli+h�height limits Tf the underlying CeningdisCrifg+ Notwithstanding theforegoing, 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, as required byunderlying zoning district; and b. The principal dwelling unit complies with parking standards n 11-103 set forth inSection 21.40.040. 4. Unit Size. The maxomum size ef aR aGGeSSE)Py dwelliRg 6IRit shall RGt eXGeed SeVeR h6lRdred fifty (750) square feet of fleer area, or fifty (W be at least that E)f aR 8ffiGieRGY 61R#-. a. The maximum size of a detached or attached accessory dwellin unit is 850 square feet for a studio or one -bedroom unit and 1,000 square feet for a two (2) or more bedroom unit. a#We 7) bedroom unit. No more than two M\ bedrooms are b. An attached accessory dwelling unit that is created on a lot with an existing single -unit dwelling is further limited to fifty (50) oercent of the floorarea of the existina dwellina. c. Application of the size limitations set forth in subsections 21 n Q 200(=)(n va) 21.48.200(F)(4)(a) and 21.48 200( 21.48.200(F)(4)(b) above, shall not apply to accessory dwelling units that are converted as part of a proposed or existingspace of a principal residence or existing accessory structure. d. Application of Section 21.48.200iEv4)(b 21.48.200(F)(4)(b) or other development standards,such as floor area limit or site coverage, rnight may 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 and the ADU shall not exceed a heiaht of 16 feet measured from the finished arade as determined by the Director. e. The maximum size of a iunior accessory dwellina unit shall be 500 squarefeet. f. The minimum size of an accessory dwelling unit or junior accessorydwelling unit shall be at least that of an efficien 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. 7 11-104 r 6.7-. Fire Sprinklers. An accessory dwelling units and/or junior accessory dwelling unit shall not require he rory,,;red to provide fire sprinklers ;f they so long as fire sprinklers are not required for the principal residence; however, fire sprinklers are encouraged. 7.8—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 theaccessory dwelling unit. 8. -9-. Parking. Parking shall comply with requirements of Chapter 21.40 (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 a -a eachaccessory dwelling unit. C. SUGh When additional parking is required, the parking may be provided astandem 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 or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet. d. No parking shall be required for: Accessory dwelling units converted internal to as part of a proposed principal residence or converted from existing space of principal residence or existing accessory structure; 11-105 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; with d route bus seryoGe that provides transit seryine at fifteen (1 5) mini ite intervals er better d irinn peak nevnmi ite T�`L, iii. Accessory dwelling units located within an architecturally andhistorically significant historic district; iv. When on -street parking permits are required but not offered to theoccupant 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 remain in effect at a fixed location for at least ten (10) years and available to the public. e. 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 accessorydwelling 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, orby the use of mechanical automobile parking lifts. 9. Waterfront Development and Flood Hazard Areas. a. The minimum top of slab elevation for new interior living areas, including areas converted from non -living areas. shall comply with the flood hazard and sea level rise protection standards of Section 21.30.015(D). b. Any development in shoreline hazardous areas shall comply with Section 21.30.015(E)(2). G. Utility Connection. 1. Connection Required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), includi water,electric, and sewer services. er 11-106 2. Except as provided in subsection (G)(3) below, the City may require the installation of a new or separate utility connections between the accessory dwelling unit, junior accessory dwelling unit and the "+ utilities. 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit or multi -unit dwellingLs unless the accessory dwelling unit being constructed in connection with a new single -unit dwelling or multi -unit dwellinas. 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, the accessory dwelling unit or junior accessory dwelling may connect tothe onsite write water- wastewater treatment system. However, the owner must include withthe application a percolation test completed within the last five vears or. if the aercolation test has been recertified, within the last ten 00) years. DH. Additional Requirements for All Accessory Dwelling Units and Junior AccessoryDwelling 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 theprincipal 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). The orneccerydwellinn Unit shall net be sell separately from the Prir.nipal dwellinn 2. Short -Term Lodging. The accessory dwelling unit and/or junior accessory dwelling unit shall not be rented for periods of lemon thirty (30) days or less. 3. Owner -Occupancy. 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 accessorydwelling 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 - 10 11-107 occupancy requirement shall not apply to anyjunior accessory dwelling unit owned by a governmental agency, land trust, or housing organization. Number of Units Allowed. Only one onnessery i -welling unit may he Ionated on the Int I. Deed Restriction and Recordation Required. 1. 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 blot. 2. For properties in flood hazard areas, deed restriction shall also include notice to future owners that the unit is located within an area that may be subject to flooding or future flooding. 3. For properties located in low lying shoreline areas that may be subject to future sea level rise, the property owner shall also record a waiver of future protection in compliance with Section 21.30.015(E)(51: J. 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 GovernmentCode 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 21.70.020 (Definitions of Specialized Terms and Phrases) "Accessory Dwelling Unit (Land Use)." See "Dwelling unit, accessory (land use)." 11 11-108 "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 California Health andSafety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the California Healthand Safety Code, or any successor statute. Section 21.70.020 (Definitions of Specialized Terms and Phrases) and shall read as follows: "Dwelling unit, junior accessory (land use)" means a dwelling unit accessory to andentirely 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 seaarate sanitation facilities or shares sanitation facilities withthe 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 ". 12 11-109 Attachment G Coastal Zone Map 11-110 100 Legend ..........: ----------------- -- Local Coastal Plan Boundary ---- City Boundary Coastal Zone Area Coastal Zone City of Newport Beach, California Coastal_Zone_Featured_Areas.mA November/2008 Newport Coast Se _ mot A Part) �MC 00.225 0.45 0.9 Mlles 1 1 I 11-111 Attachment H HCD Correspondence 11-112 From: Ayala, Jose@HCD <Jose.Ayala@hcd.ca.gov> Sent: Tuesday, October 19, 202112:53 PM To: Murillo, Jaime Cc: Zdeba, Benjamin; Cross, Colin@HCD Subject: RE: City's ADU Ordinance Issues Attachments: Newport Beach ADU Review.pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Jaime, I've attached the review pages that correspond to items 5 and 10. For items 5 and 10, the clarification for that is as follows: • How many ADUs are allowed on a multifamily site under subdivision (e) of state ADU law? Under Subdivision (e), an applicant may choose to build up to two detached ADUs or one (1) interior ADU, and up to 25% of the amount of units in the proposed or existing multifamily dwelling. All interior ADUs, however, must be converted from non -livable space (which is not a requirement under subdivision (a) above). Local governments can choose to allow both interior and detached ADUs on the same site under subdivision (g) of Gov. Code Section 65852.2, but they are not required to do so. By contrast, under Subdivision (a), an applicant may choose to build one (1) attached, detached, or conversion ADU on a site with a proposed or existing multifamily, with local objective development standards applied in the same manner as they would be applied to an ADU proposed on a single family site under subdivision (a). As JADUs can only be constructed on a site with a proposed or existing single family dwelling, however, a JADU cannot be constructed on a multifamily site concurrently with an ADU under (a). This change is part of the updated handbook that HCD is hoping to release soon. Let me know if this clarification helps answer your question. Sincerely, Jose Ayala Housing Policy Analyst Housing and Community Development 2020 W. EI Camino Avenue, Suite 500 1 Sacramento, CA 95833 HC D Cell Phone: (916) 820-1980 11-113 G1 HOUSING E IS KEY From: Murillo, Jaime <JMurillo@newportbeachca.gov> Sent: Tuesday, October 19, 20219:57 AM To: Ayala, Jose@HCD <Jose.Ayala@hcd.ca.gov> Cc: Zdeba, Benjamin <bzdeba@newportbeachca.gov>; Cross, Colin@HCD <Colin. Cross@hcd.ca.gov> Subject: RE: City's ADU Ordinance Issues Thanks Jose. For the most part, our ordinance complies with the comments provided below. I can walk you through it if you would like? But I would like clarification on item 5 and 10. Is there a marked up copy of our ordinance that corresponds with these items? See responses below. From: Ayala, Jose@HCD <Jose.Ayala@hcd.ca.gov> Sent: Tuesday, October 19, 20219:28 AM To: Zdeba, Benjamin <bzdeba@newportbeachca.gov>; Murillo, Jaime <JMurillo@newportbeachca.gov> Subject: RE: City's ADU Ordinance Issues [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Ben and Jaime, Thank you for the patience as we looked for the comments. While I personally did not do the review, here are comments regarding the ADU ordinance: • Item 2 - Although a part of the city is contained in the Coastal Zone, which involves the California Coastal Commission (CCC), 53% in not within the zone. Therefore, 53% of the city is not controlled by the CCC and must fully comply with ADU statute. The primary impact appears to affect parking limitations. Correct, the only difference is we require replacement parking for garage conversions in the coastal zone due to public access impacts and also require coastal development permits (without a hearing). Other than that, all provisions of state law apply in coastal zone. • Item 3 - JADUs are not required to have parking, therefore it might not be an issue with the CCC. Our ordinance does not require parking for JADUs (in or out of coastal zone). • Item 5 & 10 - The ordinance does not noted the allowed creation of an ADU with a multifamily (MF) structure on the site, other than with an existing MF, with the ADU created within the space of the structure, and from non -livable space. Under Gov. Code section 65852.2(a), ADUs are allowed with a proposed or existing dwelling on a site, whether it is single-family (SF) or MF. 11-114 Under this subdivision, an ADU may be created from any space within a MF, as and addition or as a detached structure. This is not consistent with our prior conversations or with HCD ADU Guidebook. It would be helpful if you can walk me through how this conclusions was reached. Item 6 - JADU are limited to SF, not MF. Our ordinance only permits JADUs in conjunction with SF, not MF • Item 7 - The application must be approved within 60 -days, not just the zoning clearance. Our Zoning Clearance is the building permit. Our building permit reviews are typically two weeks or less. • Item 8 - An ADU and a JADU may be created on a lot (the ordinance says "or"). The ordinance was adopted prior to AB 3182 which allows both, effective January 1, 2021. Our ordinance allows a JADU in conjunction with a SF and a detached ADU. • Item 11 & 12 - General: ADU may not be required to comply with the standards of the underlying zone if those standards exceed state standards. Our ordinance clarifies that point. It says "except as modified by this section", compliance with underlying zone is required. The modifications are the State law standards that must be upheld. • Item 13 - There can be no limit on the number of bedrooms in an ADU. State law is not clear. I am aware HCD has made this interpretation and we can make this change in pending update. • Item 14 & 15 - Separate utility connection may not be required if the ADU is created within the space of an existing structure. Our ordinance is consistent with this requirement. In fact, the City recently waived separately utility connections for all ADUs. Let me know how I can help. Sincerely, �4y,e�UHr�`Y 0 a S � fF f PQlx�ti G1 HOUSING E IS KEY Jose Ayala Housing Policy Analyst Housing and Community Development 2020 W. EI Camino Avenue, Suite 500 1 Sacramento, CA 95833 HCD Cell Phone: (916) 820-1980 From: Zdeba, Benjamin <bzdeba@newportbeachca.gov> Sent: Tuesday, October 19, 20218:43 AM To: Cross, Colin@HCD <Colin.Cross@hcd.ca.gov> Cc: Murillo, Jaime <JMurillo@newportbeachca.gov>; Ayala, Jose@HCD <Jose.Ayala@hcd.ca.gov> Subject: RE: City's ADU Ordinance Issues Hi Colin, 11-115 No apologies necessary — hope you feel better. Thanks for helping us out with these attachments and we will reach out to Jose if we need clarification on the ADU comments. Take care, Ben Z. BENJAMIN M. ZDEBA, AICP Community Development Department Senior Planner bzdeba(aDnewportbeachca.gov 949-644-3253 From: Cross, Colin@HCD <CoIin. Cross@hcd.ca.gov> Sent: Tuesday, October 19, 20218:41 AM To: Zdeba, Benjamin <bzdeba@newportbeachca.gov> Cc: Murillo, Jaime <JMurillo@newportbeachca.gov>; Ayala, Jose@HCD <Jose.Ayala@hcd.ca.gov> Subject: RE: City's ADU Ordinance Issues [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Ben, Apologies — I've been out sick yesterday and today. Jose Ayala here at HCD has the ADU team's notes on the City's ordinance and may be able to answer your questions. Also, saw your other email about the third party comments — I am attaching those here. Colin From: Zdeba, Benjamin <bzdeba@newportbeachca.gov> Sent: Monday, October 18, 202111:39 AM To: Cross, Colin@HCD <Colin.Cross@hcd.ca.gov> Cc: Murillo, Jaime <JMurillo@newportbeachca.gov> Subject: City's ADU Ordinance Issues Hi Colin, Thanks again for your time with hopping on a call last week. We are working through the comments and have a question regarding the City's ADU Ordinance being out of compliance. The comment indicates HCD will send a subsequent letter detailing the issues that need to be addressed. We are currently working with Coastal Commission staff to amend our Local 11-116 Coastal Program related to that ordinance and, in fact, my colleague Jaime Murillo has a meeting with Coastal Commission staff tomorrow morning. How soon should we expect that letter and is there anything that could be shared sooner? C4; � Ben Z. BENJAMIN M. ZDEBA, AICP Community Development Department Senior Planner bzdebaCa7newaortbeachca.00v 949-644-3253 CITY OF NEWPORT BEACH 100 Civic Center Drive, Newport Beach, California 92660 1 newportbeachca.gov 9 gewort, T-65�'.-ther. —.9 -- fnewporttogether.coml 11-117 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 See Chapter 20.92 for unlisted uses. R -A R-1** R-2 RMD Residential Uses Specific Regulations Use 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 dw-eifing 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 Residential Accessory Dwelling Units and P IP Lunior Accessory Dwelling Units MU-CV/15th I Specific Use MU -DW St. (7) 1 Regulations Section P P 20.48.200 11-118 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 f 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/or junior accessory dwelling units allowed on any residential lot. Unless specified below, only one (1) category may be used per lot. l"t ks 1. Conversion of Single -Unit Dwelling. Only one (1) accessory dwelling uni j V, one (1) junior accessory dwelling unit may be permitted on a lot with a propose or existing single -unit dwelling, subject to the following: a. The accessory dwelling unit or junior accessory dwelling unit is proposed: i. 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 withllngle-Unit (ling. 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). 11-119 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 0 0' 2020 W. EI Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov October 12, 2021 Seimone Jurjis, Director Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Seimone Jurjis: RE: City of Newport Beach's 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Newport Beach's (City) draft housing element received for review on August 13, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on October 6, 2021 with you, Deputy Community Development Director Jim Campbell, Principal Planner Jaime Murillo, and consultant Dave Barquist of Kimley-Horn. In addition, HCD considered comments from the Campaign for Fair Housing Elements, the Kennedy Commission, YIMBY Law, and individuals such as Anne Paulson and Josh Albrektson, pursuant to Government Code section 65585, subdivision (c). The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). For example, the site inventory must further demonstrate the suitability and availability of several sites in the planning period, various program actions must be revised to fulfill statutory requirements, and the Assessment of Fair Housing must be updated to meet the obligation to Affirmatively Further Fair Housing (AFFH). The enclosed Appendix describes these and other revisions needed to comply with State Housing Element Law. The City's statutory deadline to adopt a housing element is October 15, 2021. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of this statutory deadline, then any rezoning to accommodate the Regional Housing Needs Allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government's housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). 11-120 Seimone Jurjis, Director Page 2 Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower- income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD's Affordable Housing and Sustainable Communities programs; and HCD's Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources. For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor's Office of Planning and Research at: http://opr.ca.gov/docs/OPR Appendix C final.pdf and http://opr.ca.gov/docs/Final 6.26.15.pdf. HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Colin Cross, of our staff, at colin.crossCc-_)hcd.ca.gov. Sincerely, WVVA( Ze7 Paul McDougall Senior Program Manager Enclosure 11-121 APPENDIX CITY OF NEWPORT BEACH The following changes are necessary to bring the City's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on HCD's website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtmi. Among other resources, the housing element section contains HCD's latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources. A. Housing Needs, Resources, and Constraints 1. Affirmatively furthering] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2 ... shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) The element includes some data and information regarding affirmatively furthering fair housing (AFFH) but it must still add data, local knowledge, analysis, and other relevant factors to address this statutory requirement, as follows: Regional Patterns and Trends: For all categories of analysis (segregation and integration, racially and ethnically concentrated areas of poverty and affluence, access to opportunity, and disproportionate housing needs, including displacement), the element addresses some requirements to analyze local patterns and trends. However, the element must also analyze regional patterns and trends for each category and subcategory of analysis. A regional analysis should compare conditions at the local level to the rest of the region. This analysis could compare the locality at a county level or other subregional geography. Segregation and Integration: The element analyzes segregation and integration on the basis of race at the local level. However, this component of the analysis should also address segregation and integration by disability, familial status, and income. The analysis must also conclude with a summary of fair housing issues. Access to Opportunity: The element addresses some of the requirements for access to opportunity, discussing economic, environmental, and transportation opportunity. It should also address access to educational opportunity. Disproportionate Housing Needs: Currently, the element provides data and limited analysis for cost burden and overcrowding. The analysis of disproportionate housing needs should also address substandard housing, homelessness, and displacement risk. City of Newport Beach's 6t" Cycle Draft Housing Element Page 1 October 12, 2021 11-122 Local Data and Knowledge: In addition to the data sources relied on in the current draft, the element must support its analysis with local data and knowledge, including information obtained through community participation or consultation. Site Inventory: The element contains an analysis of the site inventory that does not fully identify whether sites improve or exacerbate conditions or whether the sites are isolated by income group. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that effects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g. anti -displacement strategies). Contributing Factors: The element describes contributing factors from the Orange County Analysis of Impediments (p. 3-60) but should also tailor contributing factors unique to the City. Contributing factors should be based on all the prior efforts and analyses (outreach, assessment of fair housing, and site inventory) and should be prioritized to demonstrate the most salient fair housing issues in Newport Beach. The analysis shall result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to fair housing issues. Strategies and Actions: Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Currently, the element includes Policy Action 4A (Affirmatively Furthering Fair Housing), which commits the City to reviewing discrimination complaints, assisting in dispute resolution, and referring complaints to the proper authority, in collaboration with local and regional organizations. This is not adequate to satisfy the requirement for specific and meaningful actions. Program actions should be proactive, facilitate meaningful change, and respond directly to the contributing factors to fair housing that were identified. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results. The element must add and revise programs based on a complete analysis and drawn from the identified and prioritize contributing factors to fair housing issues. 2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).) While the element quantifies the existing housing needs of extremely low-income (ELI) households, it must still quantify projected ELI housing needs. The projected housing need for ELI households can be calculated by using available census data to determine the number of very low-income households that qualify as ELI households or presume that 50 percent of very low-income households qualify as ELI households. 3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment City of Newport Beach's 6t" Cycle Draft Housing Element Page 2 October 12, 2021 11-123 during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The City has a regional housing need allocation (RHNA) of 4,845 housing units, of which 2,386 are for lower-income households. To address this need, the element relies on vacant and nonvacant sites across six Focus Areas throughout the City. To demonstrate the adequacy of these sites and strategies to accommodate the City's RHNA, the element must include complete analyses: Progress in Meeting the RHNA: The element indicates (pp. B-7-10) that five projects consisting of 120 affordable units and 1,471 above moderate -income units are in the pipeline, but it provides no information about these projects except their names. The City's RHNA may be reduced by the number of new units built since June 30, 2021; however, the element must demonstrate the affordability of these units to the various income groups based on actual sales price, rent level or other mechanisms ensuring affordability (e.g., deed restrictions). The element must also describe the approval status and basic features of these projects to demonstrate their anticipated availability in the planning period. Realistic Capacity: The element provides various assumptions of buildout for sites included in the inventory's six Focus Areas, assuming close to the maximum yield on each site and then applying a percentage to the Focus Area as a whole (e.g., 18 percent for the Airport Area Environs Focus Area). It must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site may need to be adjusted based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. In addition, for sites where zoning allows 100 percent nonresidential uses, this analysis must adjust for the likelihood of nonresidential development. For example, the element could describe the underlying zoning, whether 100 percent nonresidential development is allowed in these zones, and any relevant programs or policies the City is undertaking to facilitate residential development in nonresidential zones. Suitability of Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. To address this requirement, the element describes in general the existing use of each nonvacant site (e.g., office building). This alone is not adequate or to demonstrate the potential for redevelopment in the planning period. The analysis should consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the City's past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage City of Newport Beach's 6t" Cycle Draft Housing Element Page 3 October 12, 2021 11-124 additional residential development on these sites. For example, the element could consider indicators such as age and condition of the existing structure, presence of expiring leases, expressed developer interest, low improvement to land value ratio, and other factors. The element should describe and support (through development trends) the thresholds used to identify sites for redevelopment. In addition, specific analysis and actions are necessary if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower- income households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA. Small and Large Sites: While the narrative claims that sites smaller than 0.5 acres and larger than 10 acres were excluded from consideration for lower-income RHNA, the parcel listing appears to include several such sites. The element must describe whether these parcels are expected to develop individually or consolidated with the other small parcels. For parcels anticipated to be consolidated, the element must demonstrate the potential for lot consolidation. For example, analysis describing the City's role or track record in facilitating small -lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site. For parcels anticipated to develop individually, the element must describe existing and proposed policies or incentives the City will offer to facilitate development of small sites. This is important given the necessary economies of scale to facilitate development of housing affordable to lower- income households. To demonstrate the viability of appropriate development in the Coyote Canyon and Banning Ranch Focus Areas, the element must include analysis demonstrating the feasibility of large parcel development of housing affordable to lower-income households. In Coyote Canyon, the primary site is 243.23 acres with 22 buildable acres, and Banning Ranch includes several hundred acres of land. The element must demonstrate the suitability and availability of these areas for residential development affordable to lower-income households, particularly considering that typical affordable developments range in size from 50 to 150 units. The analysis could describe strategies such as opportunities for specific -plan development and further subdivision or other methods to facilitate the development of housing affordable to lower-income households on large sites. Banning Ranch: The element assumes 1,475 units in the Banning Ranch Focus Area, explaining without further detail that "the City understands that future opportunities may still exist for housing development on the Banning Ranch" (p. B-56). HCD understands this area might not be available for residential development in the planning period. The element must analyze potential environmental constraints and any other known conditions that may preclude or impact residential development during the planning City of Newport Beach's 6t" Cycle Draft Housing Element Page 4 October 12, 2021 11-125 period. Based on the outcomes of this analysis, the element should adjust assumptions and add or modify programs as appropriate. Accessory Dwelling Units (ADUs): The element assumes an average of 125 ADUs per year will be constructed during the planning period, for a total of 1,000 ADUs. The element's analysis and programs do not support this assumption. Based on HCD records and numbers reported in the element, the City is averaging about 5 ADU permits per year since 2018. To include a realistic estimate of the potential for ADUs, the element must reduce the number of ADUs assumed per year and include policies and programs that incentivize the production of ADUs. Depending on the analysis, the element must commit to monitor ADU production throughout the course of the planning period and implement additional actions if not meeting target numbers anticipated in the housing element. In addition to monitoring production, this program should also monitor affordability. Additional actions, if necessary, should be taken in a timely manner (e.g., within 6 months). Finally, if necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability. For example, if actual production and affordability of ADUs is far from anticipated trends, then rezoning or something similar would be an appropriate action. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate. Sites with Zoning for a Variety of Housing Types: Single Room Occupancy (SRO) Units: The element does not demonstrate a zone(s) where SROs are an allowable use. The analysis should clarify the City's process for SROs and add or modify programs as appropriate. Accessory Dwelling Units (ADUs): For your information, HCD's ADU team has identified several areas in which the City's ADU ordinance appears to be out of compliance with State ADU Law. HCD will reach out with findings and guidance under separate cover. 4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land -use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) Land -Use Controls: The element must identify and analyze all relevant land -use controls as potential constraints on a variety of housing types, both independently and cumulatively with other land -use controls. The analysis should further address height City of Newport Beach's 6t" Cycle Draft Housing Element Page 5 October 12, 2021 11-126 maximums in the Multiple Residential (RM) zone and the various Mixed -Use (MU) zones, especially as they relate to the Height Overlay and describe if the height overlay or heights allowing more than two stories will apply to the sites included in the inventory. Additionally, the element should analyze the requirement for two covered parking spaces per unit plus 0.5 spaces of guest parking for every dwelling in a multi- family development of four or more units. Programs to mitigate potential constraints should be added or modified as appropriate. Design Review: The element must describe and analyze any design review guidelines and processes the City has, including approval procedures and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts. The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate. Constraints to Housing for Persons with Disabilities: While the element provides some details on residential care facilities and other group homes, the City did not provide an analysis of the impact on housing for lower-income households and persons with disabilities. The element details that residential care facilities serving six or fewer persons are permitted in all residential zones. However, residential care facilities serving seven or more persons require a conditional use permit (CUP). The element should analyze the process as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty. For example, imposing standards such as compatibility with surrounding uses would be considered a constraint. Although local ordinances and policies are enacted to protect the health and safety of citizens and further the general welfare, it is useful to periodically reexamine local ordinances and policies to determine whether, under current conditions, they are accomplishing their intended purpose or constituting a barrier to the maintenance, improvement, or development of housing for all income levels. Such an examination may reveal that certain policies have a disproportionate or negative impact on the development of particular housing types or on housing developed for persons with disabilities. Ordinances, policies, or practices that have the effect of excluding protected populations such as persons with disabilities may also violate state and federal fair housing laws that prohibit any land -use requirements that discriminate (or have the effect of discriminating) against affordable housing. City Charter Section 423: The element describes the background and process of City Charter Section 423, which subjects certain amendments to the City's general plan to voter approval. However, the analysis of Section 423's potential as a constraint to housing development is limited. A full analysis should demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters. In addition, the element should indicate if any of the potential rezones to accommodate the RHNA will be subject to voter approval and include a program that outlines the steps, timing for voter approval and alternative actions with dates if milestones are not met. City of Newport Beach's 6t" Cycle Draft Housing Element Page 6 October 12, 2021 11-127 5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality's share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality's planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).) The element must include analysis of the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of the jurisdiction's share of the regional housing need. 6. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability, large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).) While the element quantifies the City's special needs populations, it must also analyze their special housing needs. For a complete analysis of each population group, the element should discuss challenges faced by the population, the existing resources to meet those needs (availability senior housing units, number of large units, number of deed restricted units, etc.), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps. B. Housing Programs Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City's specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. For example, Policy Action 1J (ADU Amnesty Program) should be revised to include a quantified objective for the number of households expected to utilize the program. City of Newport Beach's 6t" Cycle Draft Housing Element Page 7 October 12, 2021 11-128 Please note that several programs involve taking action to comply with state law, and as such should include timelines that ensure a beneficial impact by committing to compliance within the first year of the planning period. Programs with actions that require an accelerated timeframe include Policy Action 3B (SB 35 Streamlining) and Policy Action 7A (Supportive Housing / Low Barrier Navigation Centers). 2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory -built housing, mobilehomes, housing for agricultural employees, supportive housing, single - room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding A3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows: Zoning to Accommodate a Shortfall of Site for Lower: Pursuant to Government Code 65583.2, subdivisions (h) & (i), Policy Actions 1A-1 F, which rezone sites to accommodate the City's shortfall in satisfying the RHNA, must commit to the following: • permit owner -occupied and rental multifamily uses by -right for developments in which 20 percent or more of the units are affordable to lower-income households. By -right means local government review must not require a CUP, planned unit development permit, or other discretionary review or approval. • accommodate a minimum of 16 units per site; • require a minimum density of 20 units per acre; and • at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites: o allow 100 percent residential use, and o require residential use occupy 50 percent of the total floor area of a mixed-use project. In addition, if the rezoning of sites is subject to a voter approval City Charter Section 423, the program must detail any necessary steps, timing for completion of those steps and alternative measures with dates if milestones are not met. Please be aware, if voter approval is required and subsequently rejected, the housing element may no longer comply with state law. Sites Identified in Prior Planning Periods: The element includes Policy Action 1 G (5th Cycle Housing Element Sites), which addresses the requirement for nonvacant City of Newport Beach's 6th Cycle Draft Housing Element Page 8 October 12, 2021 11-129 sites identified in a prior planning period to permit residential uses by -right for developments in which 20 percent of units are affordable to lower-income households. This program must also commit to zoning those sites to allow Newport Beach's default density of 30 du/ac, pursuant to Government Code 65583.2, subdivision(c) or at densities demonstrated to be appropriate for the development of housing for lower-income households. Additionally, if any vacant sites in the inventory are being used to accommodate the lower RHNA and have been identified in two prior planning periods, the program must ensure that those sites meet the same requirements. ADU Monitoring: The element includes Policy Action 11 (ADU Monitoring Program), which commits the City to establishing an ADU monitoring program. This program should commit explicitly to monitoring ADU production by affordability, and to implementing additional actions if not meeting target numbers at affordability levels anticipated in the housing element. Additional actions, if necessary, should be taken in a timely manner (e.g., within 6 months). 3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding(s) A4 and A5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. 4. Promote AFFH opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding Al, the element must include a complete Assessment of Fair Housing, and Policy Action 4A (AFFH) does not satisfy the requirements for specific and meaningful program actions. Based on the outcomes of that analysis, the element must add or modify programs. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place -based strategies for community preservation and revitalization and displacement protection. For additional guidance on program requirements to AFFH, please see HCD's guidance at https://www.hcd.ca.gov/community-development/housing-element/housing-element- memos.shtml. City of Newport Beach's 6t" Cycle Draft Housing Element Page 9 October 12, 2021 11-130 5. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).) The element includes Policy Action 2C (Preservation of At -risk Units). The element identifies 19 units at -risk of converting to market -rate uses in the planning period. Therefore, the element must include a program(s) with specific and proactive actions to preserve the at -risk units such as developing a plan or strategy for quickly moving forward in the case units are noticed to convert to market -rate uses in the planning period, and ensure tenants receive proper notifications. C. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c) (8).) While the element profiles the strategies undertaken to achieve public participation, it must also describe how the City reached all economic segments of the population in conducting outreach related to its survey and workshops, particularly lower-income households; this should also consider language access. The element should also clarify whether and how any nongovernmental organizations and other parties were notified. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. City of Newport Beach's 6t" Cycle Draft Housing Element Page 10 October 12, 2021 11-131 Attachment Current ADU Development Regulations Matrix 11-132 CITY OF NEWPORT BEACH ACCESSORY DWELLING UNIT ORDINANCE SUMMARY Revised 08/09/21 Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) are regulated by Newport Beach Municipal Code Sections 20.48.200 and 21.48.200. Ministerial review of all ADUs and JADUs will occur through a Zoning Clearance within 60 -days of receiving a complete application. A Coastal Development Permit may also be required for properties within the Coastal Zone. Please consult with a planner prior to submitting and ADU/JADU project. 11-133 JADU SINGLE UNIT — AL MULTI -UNIT — ADU Iq III I6 N A. - ]I n ADUType CONVERSION' CONVERSION' ATTACHED' DETACHED ABOVE DETACHED GARAGE CONVERSION DETACHED Conversion of an Conversion of an interior Construction of a new ADU Construction of a Construction of a new ADU Conversion of an existing non- Construction of a new interior portion of portion of an existing or attached to an existing or new ADU as a above a detached garage habitable portion of an ADU as a detached an existing or proposed single -unit dwelling proposed single -unit detached accessory existing multi -unit accessory building to proposed single- or an existing detached dwelling building development an existing multi -unit unit dwelling accessory building development Zoning Allowed on all residential and mixed zoned properties that are improved with a single -unit dwelling Allowed on all residential and mixed zoned properties that are improved with multi -unit dwellings At least one and no more Number of Units One than 25% of the existing unit Two count in the multi -unit development May also provide Allowed with Other ADU detached single- No May also provide JADU No unit ADU Additional Floor Area No Maximum 150 square feet to Yes No Yes accommodate ingress/egress' Minimum Lot Size None Minimum Size Must meet minimum efficiency unit requirements, as set forth in the Building Code Studio/One-Bedroom = 850 Maximum Size Two Bedroom = 1,000 Studio and One -Bedroom = 850 (Square Feet) 500 No limit Can be no more than 50% Two Bedroom = 1,000 of existing primary dwelling Application of floor Application of floor area limit or site coverage shall not reduce ADU below 800 area limit or site Maximum Size Exception None None square feet None coverage shall not reduce ADU below 800 square feet Maximum Height Per base zone Per base zone Per base zone 16 feet Per base zone N/A 16 feet Front Setback 3 Per base zone Side Setbacks 4 feet or base zone, Per base zone Per base zone 4 feet or base zone, whichever is less Per base zone Per Base Zone whichever is less 11-133 CITY OF NEWPORT BEACH ACCESSORY DWELLING UNIT ORDINANCE SUMMARY Revised 08/09/21 'Conversion is either: 1) conversion of existing floor area within the envelope of an existing single -unit dwelling (including garage); or 2) development of an ADU within the footprint of a proposed single -unit dwelling (excluding garage) that complies with all applicable development standards. Construction of a new ADU that extends beyond the envelope of an existing single -unit dwelling or beyond the footprint of a proposed single -unit dwelling shall comply with the standards applicable to Attached ADUs. 2Applicable to conversions of existing accessory structures only. Conversions within principal structure not entitled to 150 sf addition. 3 For conversion of existing enclosed floor area, garage, or carport, no additional setback required. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required beyond the existing setback. a An efficiency kitchen may include a basic plug-in cooking appliance such as hot plate or microwave. A sink, food preparation counter and storage cabinets of reasonable size required. 5 A separate utility connection may be required when the JADU or ADU is constructed as part of a new single -unit dwelling. 11-134 JADU SINGLE UNIT — ADU MULTI -UNIT —A. - ADCONVERSION' ADUType CONVERSION' CONVERSION' ATTACHED' DETACHED ABOVE DETACHED GARAGE CONVERSION DETACHED Conversion of an Conversion of an interior Construction of a new ADU Construction of a Construction of a new ADU Conversion of an existing non- Construction of a new interior portion of portion of an existing or attached to an existing or new ADU as a above a detached garage habitable portion of an ADU as a detached an existing or proposed single -unit dwelling proposed single -unit detached accessory existing multi -unit accessory building to proposed single- or an existing detached dwelling building development an existing multi -unit unit dwelling accessory building development Rear Setbacks 4 feet (not abutting alley) or base zone whichever 4 feet (not abutting Per base zone Per base zone is less Per base zone Per Base Zone alley) or base zone, whichever is less Access Exterior entrance required in all cases. JADUs may provide internal connection. May share with Bathroom primary dwelling Bathroom is required unit Kitchen Efficiency4 Full kitchen, including fixed cooking appliance with outside exhaust. One plus the primary Parking None One dwelling must comply with None One per unit parking Parking Exception N/A Parking waived for the ADU if the property is: 1) within % mile walking distance to transit (including ferry); 2) within an architecturally or historically significant district; 3) on -street parking permits are required and not provided to the occupant of the ADU; or 4) within one block of a car -share vehicle pick-up/drop-off location Allowed; Allowed; Garage Conversion Replacement Allowed; Replacement parking N/A Replacement parking N/A parking required required in the Coastal Zone required in the Coastal Zone citywide Deed Restriction Prior to issuance of building permit, owner must record deed restriction (prepared by the City) noting the size of the unit, description of unit, prohibition on short term rentals, prohibiting the sale of the ADU/JADU, and specifying owner -occupancy requirement. Owner -Occupancy Owner shall live in either unit Owner -occupancy is not required for units built between January 1, 2020 and January 1, 2025 Short -Term Lodging Short-term lodging is prohibited. Utility Connection A separate utility connection is not required' The City may require a separate utility connection Fire Sprinklers Only required if fire sprinklers required and provided on primary unit (See State Fire Marshall Informational Bulletin 21-005 for exceptions) Separate Conveyance ADUs and JADUs may not be sold separately Design Shall have a similar style to the principal dwelling, including architectural style, roof pitch, color, and materials 'Conversion is either: 1) conversion of existing floor area within the envelope of an existing single -unit dwelling (including garage); or 2) development of an ADU within the footprint of a proposed single -unit dwelling (excluding garage) that complies with all applicable development standards. Construction of a new ADU that extends beyond the envelope of an existing single -unit dwelling or beyond the footprint of a proposed single -unit dwelling shall comply with the standards applicable to Attached ADUs. 2Applicable to conversions of existing accessory structures only. Conversions within principal structure not entitled to 150 sf addition. 3 For conversion of existing enclosed floor area, garage, or carport, no additional setback required. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required beyond the existing setback. a An efficiency kitchen may include a basic plug-in cooking appliance such as hot plate or microwave. A sink, food preparation counter and storage cabinets of reasonable size required. 5 A separate utility connection may be required when the JADU or ADU is constructed as part of a new single -unit dwelling. 11-134 Attachment J Proposed ADU Development Regulations Matrix 11-135 Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) are regulated by Newport Beach Municipal Code Sections 20.48.200 and 21.48.200. Ministerial review of all ADUs and JADUs will occur through a Zoning Clearance within 60 -days of receiving a complete application. A Coastal Development Permit may also be required for properties within the Coastal Zone. Please consult with a planner prior to submitting and ADU/JADU project 11-136 JADU ADU WITH SINGLE- OR MULTI -UNIT DEVELOPMENT ADU WITH MULTI -UNIT DEVELOPMENT ELJLE ADU Type JADU INTERNAL 1,2 ATTACHED' DETACHED CONVERSION DETACHED Conversion' of an interior portion Conversion of an interior portion of an Construction of a new Construction of a new Conversion of an existing non -habitable (e.g., Construction of a new ADU of an existing single -unit dwelling; existing single -unit or multi -unit dwelling, ADU attached to an ADU as a detached storage rooms, boiler rooms, passageways, as a detached accessory or new construction within a or an existing detached accessory building; existing or proposed accessory building attics, basements, or garages) portion of a building proposed single -unit dwelling or new construction within a proposed single -unit or multi -unit multi -unit (2+) development single -unit or multi -unit (2+) development dwelling Allowed on all residential and Zoning mixed zoned properties that are Allowed on all residential and mixed zoned properties that are improved with a single -unit Allowed on all residential and mixed zoned properties that are improved with a single -unit or multi -unit dwelling improved with multi -unit dwellings dwelling One (Exception- See ADU with Multi -Unit Development columns for alternative allowances) At least one and no more than 25% of the Number of Units One existing unit count in the multi -unit Two development May also provide detached May also provide JADU Allowed with Other ADU No as part of a single -unit No single -unit ADU dwelling Minimum Lot Size None Minimum Size Must meet minimum efficiency unit requirements, as set forth in the Building Code Maximum Size No limit Studio/One-Bedroom = 850 No limit Studio and One -Bedroom 500 Two Bedroom = 1,000 = 850 (Square Feet) Can be no more than 50% of existing primary Two Bedroom = 1,000 dwelling (for attached only) Application of floor area Application of floor area limit or site coverage limit or site coverage Maximum Size Exception None None shall not reduce an ADU below 800 square feet None shall not reduce ADU and a height limit of 16 feet below 800 square feet and a height limit of 16 feet 16 feet (Exception: Base 16 feet (Exception: Base zone for an ADU zone for an ADU Maximum Height constructed above a constructed above a Per base zone Per base zone Per base zone garage that complies N/A garage that complies with setbacks and with setbacks and principal unit complies principal unit complies with parking) with parking) 11-136 ADU Type JADU ADU WITH SINGLE- OR MULTI -UNIT DEVELOPMENT ADU WITH MULTI -UNIT DEVELOPMENT I 1 JADU INTERNAL ATTACHED I DETACHED CONVERSION DETACHED Front Setback a Per base zone Side Setbacks 4 feet or base zone, whichever is less 4 feet or base zone, Per base zone Per base zone Per Base Zone whichever is less Rear Setback s 4 feet (not abutting alley) or base zone, 4 feet (not abutting alley) Per base zone Per base zone whichever is less Per Base Zone or base zone, whichever is less Access Exterior entrance required in all cases. JADUs may provide internal connection. Bathroom May share with primary Bathroom is required dwelling unit Kitchen Efficiency4 Full kitchen, including fixed cooking appliance with outside exhaust. Parking None One None One per unit Parking waived for the ADU if the property is: 1) within % mile walking distance to transit (including ferry); 2) within an architecturally or historically significant Parking Exception N/A district; 3) on -street parking permits are required and not provided to the occupant of the ADU; or 4) within one block of a car -share vehicle pick-up/drop-off location Garage Conversion Allowed; Replacement parking Allowed; Replacement parking required N/A Allowed; Replacement parking required in the N/A required citywide in the Coastal Zone Coastal Zone Deed Restriction Prior to issuance of building permit, owner must record deed restriction (prepared by the City) noting the size of the unit, description of unit, prohibition on short term rentals, prohibiting the sale of the ADU/JADU, and specifying owner -occupancy requirement. Additional restrictions required in the Coastal zone. Owner -Occupancy I Owner shall live in either unit I Owner -occupancy is not required for units built between January 1, 2020 and January 1, 2025 Short -Term Lodging Short-term lodging is prohibited. Utility Connection A separate utility connection is The City may require a separate utility connection. (See Utilities Director 1/9/21 Memorandum for single water and sewer service allowances) not require Fire Sprinklers Only required if fire sprinklers required and provided on primary unit. (See State Fire Marshall Informational Bulletin 21-005 for exceptions) Separate Conveyance ADUs and JADUs may not be sold separately Design I Shall have a similar style to the principal dwelling, including architectural style, roof pitch, color, and materials 1 Internal is either: 1) conversion of existing floor area within the envelope of an existing single -unit dwelling (including garage); or 2) development of an ADU within the footprint of a proposed single -unit or multi -unit dwelling (excluding garage) that complies with all applicable development standards. Construction of a new ADU that extends beyond the envelope of an existing single -unit or multi -unit dwelling or beyond the footprint of a proposed single -unit or multi -unit dwelling shall comply with the standards applicable to Attached ADUs. Z Conversions of existing accessory structures are permitted a 150 sq. ft. addition to accommodate ingress/egress. Conversions within principal structure not entitled to 150 sf addition. s For conversion of existing enclosed floor area, garage, or carport, no additional setback required. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required beyond the existing setback. Additional setback maybe required for coastal resource protection per IP. n An efficiency kitchen may include a basic plug-in cooking appliance such as hot plate or microwave. A sink, food preparation counter and storage cabinets of reasonable size required. 5 A separate utility connection may be required when the ADU is constructed as part of a new single -unit or multi -unit dwelling. 11-137 Attachment K Underline/Strikeout Version of Amendments 11-138 Redlines of Proposed Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) Amendments Related to Accessory Dwelling Units (ADUs) Title 20 (Planning and Zoning Code) 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 provided by the Director and the following conditions: There is an existing or proposed dwelling unit on the lot; 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—zZoning clearance shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City determines an reGei es a ^^mplete' application to be complete, 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 11-139 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/or junior accessory dwelling units allowed on any residential lot. For the purposes of this section, multi -unit dwelling means a structure or development containing two or more dwelling units. Unless otherwise specified below, only one (1) of the categories described below in this subsection GategerjF may be used per lot. 1. Internal to a GGRverSOOR Of Single -Unit or Multi -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 or multi -unit dwelling, subject to the following: a. The accessory dwelling unit is proposed OF ;, Ri„r aGGessery rdwelliRg „r;+: i. Within the space of a proposed single -unit or multi -unit dwelling; ii. Within the existing space of an existing single -unit or multi -unit dwelling; or iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of the existing structure of up to 150 square feet if the expansion is limited to accommodating ingress and egress. b. The junior accessory dwelling unit is proposed: i. Within the space of a proposed single -unit dwelling; or ii. Within the existing space of an existing single -unit dwelling; C. b-. The accessory dwelling unit or junior accessory dwelling unit will have independent exterior access from the single -unit dwelling. d. E Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction) of this the Municipal Code. 2. Detached/Attached on Lot with Single -Unit or Multi -Unit Dwelling Category. 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 or multi -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)(b). 3. Conversion of Multi -Unit Dwelling Category. Multiple accessory dwelling units may be permitted on lots with existing multi -unit dwellings subject to the following: 11-140 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 number of 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 to an accessory dwelling unit 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 Category. Up to two (2) detached ReW ^GRE;tF ,GtiG,, accessory dwelling units may be "meted constructed 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. b. For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing setback provided setbaG . 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. mewl, tF teal Attached and detached 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 11-141 unit constructed above a detached garage shall not exceed two (2) stories and the maximum allowable height of the underlying zoning district, provided all 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 bedroom URit two 2 or more bedroom unit. No more +her, +,, O (2) bedrooms aro "cnz-crrtwvc. 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, n#g4t may 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 and the ADU shall not exceed a height of 16 feet measured from the finished grade as determined by the Director. 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. 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; however, fire sprinklers are encouraged. 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. 11-142 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 G^�ted internal to as part a proposed principal residence or converted from 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 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 connections between the accessory dwelling unit, junior accessory dwelling unit and the u4ty utilities. 11-143 3. Conversion. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single -unit or multi -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_ wastewater 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 orjunior 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/orjunior accessory dwelling unit shall not be rented for periods of thirty (30) days or less. 3. Owner -Occupancy. 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 11-144 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. Title 21 (Local Coastal Program Implementation Plan) Table 21.18-1 in Newport Beach Municipal Code (NBMC) Section 21.18.020.0 (Allowed Uses) Land Use Mixed -Use Zoning Districts A Allowed See Part 7 of this Implementation — Not Allowed Land Use MU -V (6) MU- MM (4) Plan for land use definitions. Specific Use Regulations See Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. R -BI Accessory Dwelling Units and Junior Accessory Dwelling See Chapter 21.12 for unlisted A R-1 R-2 RM Specific Use uses. R -A R-1-6,000 R-2-6,000 RM -6,000 Regulations Residential Uses Accessory Dwelling Units and A A A A Section Junior Accessory Dwelling Units 21.48.200 Tables 21.22-1 and 21.22-2 in NBMC Section 21.22.020. (Mixed -Use Coastal Zoning Districts Land Uses and Permit Requirements) TABLE 21.22-1 ALLOWED USES Mixed -Use Zoning Districts A Allowed — Not Allowed Land Use MU -V (6) MU- MM (4) MU_ CV/15th St. (5)(6) Specific Use Regulations See Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling A Section 21.48.200 Units 11-145 TABLE 21.22-2 ALLOWED USES Mixed -Use Coastal Zoning Districts A _ Allowed Not Allowed Land Use MU -W1 (3) MU -W2 (5) Specific Use Regulations See Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. Residential Uses Accessory Dwelling Units and Junior Accessory Dwelling A_ Section 21.48.200 Units 21.26.045 Planned Community Coastal Zoning District Land Uses. A. Allowed Land Uses. Tables 21.26-3 through 21.26-9 indicate the uses allowed inthe Planned Community Coastal Zoning Districts. Additionally, accessory dwelling units and junior accessory dwelling units may be allowed Dursuant to Section 21.48.200. 21.48.200 Accessory Dwelling Units. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units and junior accessory dwelling units, as definedin Part 7 (Definitions) of this title (Definitions) and in California Government Code Sections 65852.2 and 65852.22, or any successor statute, in Single Unit residentialZeRinn distrintc er areas designated for SiRgle unit residential use, including as partof 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 unitthat conforms to the requirements in this section shall not be: 1. Deemed to be inconsistent with the Coastal Land Use Plan and coastalzoning district designation for the lot on which the accessory dwellina unit or iunior accessory dwellina units is located: 2. Deemed to exceed the allowable density for the lot on which theaccessory dwelling unit or junior accessory dwelling unit is located; 3. Considered in the application of any ordinance, policy, or program to limitresidential arowth: or 4. Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable buildingstandards in accordance with California Health and Safety Code Section 17980.12. 11-146 C.B, Review Authority. Accessory dwelling units and junior accessory dwelling units shall be approved in any residential or mixed-use zoning district, subject to Zoning Clearance provided by the Director and the following conditions: in- the approval of the Direntor upon finding that the following nonditions have been met• �T There is an existing or proposed dwelling unit on the lot; 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 established On t#eu;SeGtiens "el and 3. The dwelling conforms to the coastal resource protection development regulations of Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay District), Section 21.30.100 (Scenic and Visual Quality Protection), or Chapter 21.30B (Habitat Protection); 4. T4,e Zoning clearance shall be considered and approved ministerially, without discretionary review or a hearing, within sixty (60) days from the date that the City determines an application to be complete, unless either: a. The applicant requests a delay, in which case the sixty (60) day timeperiod is tolled for the period of the requested delay, or b. In the case of an application for an accessory dwelling unit and/or 0unioraccessory dwelling unit is 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. Coastal Development Permits. 1. Application. The applicant shall obtain a Coastal Development Permit, pursuant to Chapter 21.52 (Coastal Development Review Procedures), unless otherwiseexempt or excluded from the coastal development permit process pursuant to Section 21.52.035 (Protects Exempt from Coastal Development Permit Requirements) or Section 11-147 21.52.045 (Categorical Exclusions). 2. Hearing Exemption. All of the provisions of Chapter 21.52 (Coastal Development Review Procedures) 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 (Public Hearings) shallnot 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. Written comments received shall be reviewed by the Review Authority. 3. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter21.64 (Appeals and Calls for Review), coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21.64.035(A) may be directly appealed 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. E. Maximum Number of Units Allowed. The following is the maximum number ofaccessory dwelling units and/or junior accessory dwelling units allowed on any residential lot. For the purposes of this section, multi -unit dwelling means a structure or development containing two or more dwelling units. Unless otherwise specified below, only one (1) of the categories described below in this subsection may be used per lot. 1. Internal to a -Single -Unit or Multi -Unit Dwelling Category. Only one (1) accessory dwellingunit or one (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit or multi -unit dwelling, subject to the following_ a. The accessory dwelling unit is proposed: Within the space of a proposed single -unit or multi -unit dwelling; or ii. Within the existing space of an existing single -unit or multi -unit dwellinq;or iii. Within the existing space of an existing accessory structure,plus an addition beyond the physical dimensions of the existing structure of up to 150 square feet if the expansion is limited to accommodating ingress and egress. 11-148 b. The junior accessory dwelling unit is proposed: Within the space of a proposed single -unit dwelling; or ii. Within the existing space of an existing single -unit dwelling; C. The accessory dwelling unit or junior accessory dwelling unit willhave independent exterior access from the single -unit dwelling. d. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15(Buildings and Construction) of the Municipal Code. 2. Detached/Attached on Lot with Single -Unit or Multi -Unit Dwelling Category. One (1) detached, new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit or multi- unit dwelling. A detached, new -construction accessory dwelling unit may also be permitted in addition to any junior accessorydwel ling unit that might otherwise be established onl the lot under subsection (E)(1)(b). 3. Conversion of Multi -Unit Dwelling Category. Multiple accessory dwelling unitsmay be permitted on lots with existing multi -unit dwellings subiect to the followina: 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 counttowards the number of 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 to an accessory dwelling unit is not used as livable space, including but not limited to storage rooms, boiler rooms, 11-149 Passageways, attics, basements, or garages. 4. Detached on Multi -Unit Lot Category. Up to two (2) detached accessory dwelling units may be constructed 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. F. G 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) and Title 21 (Local Coastal Program Implementation Plan) 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 nontained within a legal, r�nonpnfermlng ctrl ,nfi ire and does pot expand the nonnonfE)FR3, 1. Minimum Lot Area. A minimi rn lot area of fide thousand (5,000) efee+ ex ding submerged land area shall he There shall be no "`7 `" `^ � "rcc� vrrr" � y -mar ,�aTrpc 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: in `"'hi„h they are Innated, evnep+ in Gas where the miniiced garage sethaGk differ from prinGipal building se+hadts in whish naso the follGWiR v applies -1 o q side and rear se nobs GGMPIY with required b uildiRg nem. For conversion of existingenclosed floor area, garage, or carport, no additional setback is required,beyond the existing provided setback. i garage For replacement of an existing enclosed structure, garage, or carport, no existing setback is required, beyond the existing setback provided, unless a greater setback is needed to comply with Section 21.48.200(C)(3). 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 heiaht. c. Attached and detached accessory dwelling units may provide a 11-150 minimum setback of four (4) feet from all side property lines and rear property lines notabutting an alley. 3. Building Height. Detached accessory dwelling units shall not exceed one M story and a height of fE)UFtoon (14) sixteen (16) feet. 61nloS6 the aGGeG6E)FY Notwithstanding theforegoing, 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 the following criteria are met: a. The accessory dwelling unit meets the minimum setbacks, as required byunderlying zoning district; and b. The arincipal dwellina unit complies with oarkina standards set forth in Section 21.40.040. IUnit Size. The maxornum size of aR aGGessery a. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one -bedroom unit and 1,000 square feet for a two (2) or more bedroom unit. 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 floorarea of the existing dwelling. c. Application of the size limitations set forth in subsections 21.48.200(F)(4)(a) and 21.48.200(F)(4)(b) above, shall not apply to accessory dwelling units that are converted as part of a proposed or existingspace of a principal residence or existing accessory structure. d. Application of Section 21.48.200(F)(4)(b) or other development standards,such as floor area limit or site coverage, may 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 and the ADU shall not exceed a height of 16 feet measured from the finished grade as determined by the Director - 11 -151 e. The maximum size of a junior accessory dwelling unit shall be 500 squarefeet. f. The minimum size of an accessory dwelling unit or junior accessorvdwellina unit shall be at least that of an efficiencv unit. 5. Design. An accessory dwelling unit and/or junior accessory dwelling unitshall be designed and cited to, similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials_ IMEN MUM _ ► -------- ".1, MV 6. 7-. Fire Sprinklers. An Aaccessory dwelling units and/or junior 11-152 accessory dwelling unit shall not required to provide fire sprinklers if +,e_ so long as fire sprinklers are not required for the principal residences however, fire sprinklers are encouraged. 7. 8 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 theaccessory dwelling unit. 8. -9-. Parking. Parking shall comply with requirements of Chapter 21.40 (Off -Street Parking) except as modified below: a. No additional parking shall be required for junior accessory dwelling units. b. a. A maximum of one M parking space shall be required for a -a eachaccessory dwelling unit. c. b. SuGh When additional parking is required, the parking may be provided as tandem parking and/or may 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. E No parking shall be required for: i. Accessory dwelling units ^eyed internal to as part of a proposed principal residence or converted from existing space of 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; �nnyf�Q res to bus seryino that preyides trench serVino o� fifteen (1 5) mini ite intervals or bettor during nook nemmi ite period -&- e iii. Accessory dwelling units located within an architecturally andhistorically significant historic district; iv. When on -street parking permits are required but not offered to theoccupant 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 remain stay in effect at a fixed location for at least ten 11-153 (10) years and available tothe public. e. 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 accessorydwelling 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, orby the use of mechanical automobile parking lifts. 9. Waterfront Development and Flood Hazard Areas. a. The minimum top of slab elevation for new interior living areas, including areas converted from non -living areas, shall comply with the flood hazard and sea level rise protection standards of Section 21.30.015(D). b. Any development in shoreline hazardous areas shall comply with Section 21.30.015(E)(2). G. 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 (G)(3) below, the City may require theinstallation of a new or separate utility connections between the accessory dwelling unit, junior accessory dwelling unit and the utilities. 3. Conversion. No separate connection between the accessory dwelling unitand the utility shall be required for units created within a single -unit or multi -unit dwelling(s), unless the accessory dwelling unit being constructed in connection with a new single -unit dwelling or multi- unit dwellings. 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, the accessory dwelling unit or junior accessory dwelling may connect tothe onsite waste water- wastewater treatment system. However, the owner must include withthe application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years. H. 9-. Additional Requirements for All Accessory Dwelling Units and Junior 11-154 Accessory Dwelling Units. 1. No Separate Conveyance. An accessory dwelling unit or junior accessorydwellinq 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 theprincipal 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). Cale of I ROtE;.TTrhie aGGeGGGrydw IliRg i gni+ shall Rot be sell sepapately from the r�rinnipal dwell'R "' JJ 2. Short -Term Lodging. The accessory dwelling unit and/or junior accessorydwelling unit shall not be rented for periods of less cT aR thirty (30) days or less. 3. Owner -Occupancy. 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 accessorydwellinq 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 anyjunior accessory dwelling unit owned by a aovernmental aaencv. land trust. orhousina oraanization. Number 1M" 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 11-155 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 "blot. 2. For properties in flood hazard areas, deed restriction shall also include notice to future owners that the unit is located within an area that may be subject to flooding or future flooding. 3. For properties located in low lying shoreline areas that may be subject to future sea level rise, the property owner shall also record a waiver of future protection in compliance with Section 21.30.015(E)(5) J. 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 GovernmentCode 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 21.70.020 (Definitions of Specialized Terms and Phrases) _ "Accessory Dwelling Unit (Land Usej." See "Dwelling unit, accessory (land use)." "Dwelling unit, accessory (land use)" means a dwelling unit accessory to and attachedto, detached from, or contained within the principal dwelling unit on a 11-156 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 California Health andSafety Code, or any successor statute. 2. A manufactured home, as defined in Section 18007 of the California Healthand Safety Code, or any successor statute. "Dwelling unit, junior accessory (land use)" means a dwelling unit accessory to andentirely 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 withthe existing or proposed single -unit dwelling; and 3. Includes an efficiency kitchen. "Junior Accessory Dwelling Unit (Land Use)". See "Dwelling unit, junior accessory landuse ". 11-157