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HomeMy WebLinkAbout04 - Amending Title 20 and Title 21 of the NBMC Related to Accessory Dwelling Units (PA2019-248)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report March 8, 2022 Agenda Item No. 4 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 For the City Council's consideration are Ordinance No. 2022-5 and 2022-6, amending Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC). The ordinances amend the City of Newport Beach's regulations pertaining to the construction of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The attached ordinances were introduced and considered at the February 22, 2022 City Council meeting. RECOMMENDATION a) 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; b) Conduct second reading and adopt 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); and c) Conduct second reading and adopt 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). 4-1 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) March 8, 2022 Page 2 DISCUSSION: 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 California law. Similar amendments to Title 21 (Local Coastal Program Implementation Plan) of 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, 2021, 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 amendments with suggested modifications. On February 22, 2022 the City Council introduced the attached ordinances and made no further modification. For the City Council's consideration are the proposed ordinances to accept and incorporate the CCC's suggested modifications into both Titles 20 and 21 for consistency. 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. NOTICING The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS Attachment A — Ordinance No. 2022-5 Attachment B — Ordinance No. 2022-6 4-2 Attachment A Ordinance No.2022-5: Adopting Revisions to Code Amendment No. CA2019-009 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. 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 4-5 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. 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. 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; 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. 4-10 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. 4-11 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. 4-12 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 4-13 Attachment B Ordinance No. 2022-6: Adopting LCP Amendment No. LC2019-008 4-14 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; 4-15 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; 4-16 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; 4-17 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: 4-18 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: 4-19 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 4-19 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; 4-20 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; 4-20 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). 4-21 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: 4-22 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. 4-23 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: 4-24 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. 4-25 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. 4-26 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. 4-27 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); 4-28 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. 4-29 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-5- 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. 4-30 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 4-31