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HomeMy WebLinkAbout11 - Amending Title 20 and Title 21 of the NBMC Related to Accessory Dwelling Units (PA2019-248) - PowerPointAccessory Dwelling Units Zoning Code and LCP Amendments (PA2019-248) O e u s cgtiFowN�P 1st Phase 2017 State law update 2nd Phase 2020 State law update 3rd Phase Council Policy K-4 and Housing Element Program Implementation AIIowADUs with single_ family dwellings and reduce development barriers Allow ADUs with multi -unit and mixed-use developments and further reduce development barriers Title 20 Council 8/8/17 Title 21 Coastal 8/12/18 Council 2/12/19 Title 20 Council -3/24/20 Title 23. Coastal —12/15/21 Council -Tonight (*includes Title 20 amendment for consistency) Incentive the development In progress with of ADUs by further and Planning Commission responsibly reducing Ad -Hoc Committee development barriers Community Workshop March q, 2022 7 ➢Coastal resource protection regulations prevail uBluff & canyon setbacks, public view and habitat ➢Coastal hazards and acknowledqments Flooding and SLR Waiver of future protection ➢State law compliance/ HCD Comments Li Allow ADUs with new and existing multi- unit dwellings Remove 2 -bedroom limit Limit 800 sf exception ADU to 1.6 feet height Community Development Department - Planning Division ADU/SIN LE- OR MULTIUNIT I N. ]I .� CONVERSION INTERNAL ATTACHED DETACHED Conversion of an interior portion of an Construction of a new Construction of a new existing single -unit or multi -unit dwelling, ADU attached to an ADU as a detached or an existing detached accessory building; existing or proposed accessory building or new construction within a proposed si ngle-unit or multi - single -unit or multi -unit (2+) development I unit dwelling ADU/II ULTI-UNIT (SPECIAL) I N. ]I .� CONVERSION DETACHED Conversion of an existing iron -habitable Construction of a new (e.g., storage rooms, boiler rooms, ADU as a detached passageways, attics, basements, or accessory building garages) portion of a multi -Unit (2+) development In coastal zone: replacement parking required for garage conversions www.newPortbeachca.qov/adu Community Development Department - Planning Division 4 • Title 2l (LCP Implementation Plan) • Accept Coastal Commission Suggested Modifications • Adopt LCP Amendment • Title 20 (Zonin Code) • Amend for consistency with Title 21 • Incorporate the HCD corrections Intent- Comply with 2020 State Law Community Development Department - Planning Division ThankYou Questions? Community Development Department - Planning Division Map Filters Status All Unit Type All Neighborhood All Council District All NI— NEWPORT BEACH Total Accessary 97 Dwelling Units Status 80 13 60 40 20 15 19 0 APPROVED FINAL PENDING 3urg ` South �t®® Fountain 2 Santa a® en s Valley – Ana Talbert Aye M s� Com❑ `T Ellis Aver m sati Diego Lwy Irvine Adams Ave Adams Ave IJ Atlanta Ave Unit Type _ 1 ADU-ATTACHED 1d ADU- CONVERSION EXISTING ADU- CONVERSION NEW b ADU-DETACHED 17 JADIl 12 4 So Costa Mesa NF, 11 Unw—ity pC Units per Neighborhood Victoria SC � Cliff Haven * o` �yv� Dr jy76V \b m 55 go h' 3 San Joaquin I, — tir Hills 1YI I 11561,:.' r3' E M! aSari.Joaqurrr, P HM n it f}iji'ISti r -;� ri Crystal -cove 1 rrnerald Canyon 1 '4. Laguna E� — NGA. USGS I City of Newport Beach, County of Los Angeles, California State Parks, Esri, HE... Powered by Esri Balboa Island 9 Cenral Nempor - 2 Corona Del MarWI.Se - 9 East Blufi 3 Harborllew 2 Irvine Terrace 2 Lido Island 2 Mariners/DoverShares - 33 NewportHeights 16 Newport Hills 1 NewportMesa 4 NewportVdlage 1 Pacific Ridge)OceanHeights 1 Peninsula Poi rt - 1 Santa Ana Heights - 6 West Newpor. 5 4 51.7 1 1 Neighborhood •Past trend: ig ADUs/year average •HCD allowed: • 1.5 growth factor based on aggressive policies • 3o/year or 24o ADUs during planning period 19 30 (rounded) 240 Community Development Department - Planning Division 7 CITY OF w NEWPORT BEACH DRAFT ACCESSORY DWELLING UNIT ORDINANCE SUMMARY R: wised l.2 B.=1 Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADIJ) are regulated by Newport Beach Municipal Code Sections 20.48.200 and 21.48.200. Ministerial review of all ADHs and JADUs will occur through a Zoning Clearance within 60 -days of receiving a complete anulication. A Coastal Development Permit may also be reauired for properties within the Coastal Zone Please consult with a Dian neruriorto submittina and ADU/JADU project Community Development Department - Planning Division JADU ADU WITH SINGLE- OR MULTI -UNIT DEVELOPMENT ADU WITH MULTI -UNIT DEVELOPMENT ts & A A A ADUType JADU Conversion' of an interior INTERNAi Conversion of an interior portion of an ATTACHED' Construction of a new DETACHED Construction of a new CONVERSION Conversion of an existing non -habitable DETACHED Construction of a new portion of an existing single- existing single -unit or multi -unit dwelling, ADU attached to an ADU as a detached (e.g., storage rooms, boiler moms, ADU as a detached unit dwelling; or new or an existing detached accessory building; existing or proposed accessory building passageways, attics, basements, or accessory building construction within a or new construction within a proposed single -unit or multi- garages) portion of a multi -unit (2+j proposed single -unit dwelling single -unit or multi -unit (2+) development unit dwelling development Allowed on all residential and mixed zoned properties that Allowed on all residential and mixed zoned properties that are improved with a single -unit or Allowed on all residential and mixed zoned properties that are Zoning are improved with a single- multi -unit dwelling improved with multi -unit dwellings unit dwelling At least one and no more than 25% of the Number of Units One One (Exception - See ADU with Multi -Unit Development columns for alternative allowances) existing unit count in the multi -unit Two development May also provide JADU Allowed with Other ADU May also provide detached 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 limit or site coverage Application of floor area limit or site coverage shall not reduce ADU Maximum Size Exception None None shall not reduce an ADU below 800 square feet None below 800 square feet and a height limit of 16 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) Community Development Department - Planning Division ADU Type -11LSAD ADU WITH SINGLE- OR MULTI -UNIT DEVELOPMENT ADU WITH MULTI -UNIT DEVELOPMENT JADU I`JTERNAL AT7ACHED DETACHED CON'dERSION-E-A::HED Front Setback a Per base zone Side Setback' 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 Setbacks dfeet(not abutting alley) or base zone, 4feet (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 Mayshare with primary Bathroom is required dwelling unit Kitchen Efficiency" Full kitchen, including fixed cooking appliance with outside exhaust. Parking None One I None One per unit Pa rki ng waived for the ADU rf the property is: 1) within'%mile walkingdrstarice totransit (incIudingfery); 2] withrn an architecturally or hrstoricaIlysign rficant Parking Exception N/A district; 3) on -street parking permits are required and not provided tothe 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 Priorto rssuanceof building permit, ownermust record deed restriction (prepared bythe City) notrngthesize of the unit, description of unit, prohibition on shortterm rentals, prohibiting the sale of the ADUJJADU, and specitying owner -occupancy requirement. Additional restrictions required in the Coastal zone. Owner -Occupancy Ownershall 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. A separate utility connection is Utility Connection not requrreds The City may require a separate utility connection. {See Utilities Drrector1/9121 Memorandum for single water and sewerservice allowances) Fire Sprinklers Only requrred if frresprinklers required and provided on primary unit. (See State Fre Marshall Informational Bulletin 21-005 for exceptions) Separate Conveyance ADUsand JADUs may not be sold separately Design Am Shall have a similarstyle tothe principal dwelling, including architectural style, roof pitch, coior, and materials 'Iaternaliseither.11conversionofexistingfloorareawithintheenvelopeofanexistingsingle-u nit dwelling (in iluding garage), or 2) development of an ADU within the footpri nt orf a pro po5ed single -u nit or multi-unit dweI i ng (excluding garage) that complies with all applicable development standards. Construction of anew 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 muni -unit dwelling shall comply with the standards applicable to Attached ADUs. '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 - '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 lP- ° An efficiency kitchen may include a basic plug-in cooking appliance such as hot plate or microwave. Asink, food preparation counter and storage cabinets of reasonable size required- ' A separate utility connection may be required when the ADU is constructed as part of a new single -unit or multi -unit dwelling. Community Development Department - Planning Division 10 ■ FL • Allowed in all residential and mixed use zones • Maximum Size: 800 s.f. for one bedroom / Z,000 s.f. for two or more bedrooms • Can convert existing or build new • No owner -occupancy requirement until 1/1/2025 • Cannot sell separate • Considered a separate unit for Building Code Community Development Department - Planning Division 11 Single-family units only Maximum Size: 500 s.f. Located within principal residence Owner must live main dwelling or Cannot sell separate Can share bathroom with primary dwelling Not a separate unit for Building Code Community Development Department - Planning Division 12 1kny property improved with a single-family, multiple -family, or mixed-use development Sinale-Familv & Multi-Familv : ZADU and 1 JADU Multi -Family: • Conversions- Up to 25% of the existing units (z minimum) • New Construction- z detached units No Minimum ADU: 850 s.f. for 1 bedroom/i,000 s.f. for 2+ bedrooms JADU: 500 square feet. Conversion: No maximum Per Base Zone Detached: 16' Community Development Department - Planning Division 13 Side and rear setbacks limited to 4 feet, except adjacent to alley Coastal resource protections setbacks and buffers prevail Requirement suspended until 1/1/2025, except for JADU No replacement parking required, except in Coastal Zone Community Development Department - Planning Division 14 Parking for ADU is waived for the following: • Within 1/2 mile walking distance to a transit v. stop • One block from a designated car share pick up and drop off • Located in a historic district • ADU is proposed within the primary dwelling • ADU located in permit parking area JADU- No parking Community Development Department - Planning Division 5i o oo 0 0 0 0 C 6 9 8 � -.00®o e m �� 0 6 �� a,o �0 m o ® o9 MO mm (KD e m CUQ)Q Q e s O a ce Y City of Newp e - GIS Div January 0 , 2020 1/2M I I e from Transit Stops Community Development Department - Planning Divisior :L6 0 MH I , F-=c t r ` , ®` r,®•; Newport Coast Segment Legend tee` •�� Mot A Part) Local Coastal Plan Boundary �— City Boundary �-- Coastal Zone Area .` Coastal Zone City of Newport Beach, California / 8 Coastal Zone Featured Areas.mxd Novemberl2008 Community Development Department - Planning Division 17