19 - Amending Title 21 (Local Coastal Program Implementation Plan) of the NBMC Relating to Accessory Dwelling Unit Regulations (PA2021-113) — Newport Beach City Council, October 22, 2024

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CITY OF
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c�<,FORN'P City Council Staff Report
October 22, 2024
Agenda Item No. 19
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Jaime Murillo, AICP, Deputy Community Development Director - 949-644-3209, [email protected]
TITLE: Ordinance No. 2024-28: Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Relating to Accessory Dwelling Unit Regulations (PA2021-113)
ABSTRACT:

In February 14, 2023, the City Council adopted Ordinance No. 2023-2, amending Title 20 (Zoning Code) of the Newport Beach Municipal Code (NBMC) regarding the construction of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with the amended provisions of Government Code Sections 65852.1 and 65852.2 (now 66310 through 66342) and City Council Policy K-4 (Reducing The Barriers To The Creation Of Housing).

Similar amendments to Title 21 (Local Coastal Program Implementation Plan) of the NBMC of the Local Coastal Program (LCP) were also needed regarding the construction of ADUs and JADUs within the coastal zone. On January 24, 2023, the City Council authorized submittal of LCP Amendment No. LC2021-003 to the California Coastal Commission (CCC).

On July 11, 2024, the CCC approved the Title 21 amendments with suggested modifications. For the City Council's consideration is a proposed ordinance to accept and incorporate the CCC's suggested modifications into Title 21.

RECOMMENDATIONS:
a) Conduct a public hearing;
b) Find this project is 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 (now 66310 through 66342) of the Government Code are exempt from the requirements of CEQA; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-28, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2021-003 as Modified by the California Coastal Commission Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to Implement Council Policy K-4 (Reducing the Barriers to the Creation of Housing) and New State Law Requirements Relating to Accessory Dwelling Units (PA2021-113), and pass to second reading on November 12, 2024.
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DISCUSSION:

On January 24, 2023, the City Council introduced Ordinance No. 2023-2 and later adopted Ordinance No. 2023-2 (Attachment B) on February 14, 2024, amending Section 20.48.200 (Accessory Dwelling Units) of Title 20 (Planning and Zoning) modifying regulations relating to the development of ADUs and JADUs in response to new state laws and incorporating recommendations from an ad hoc committee formed by the Planning Commission. The City Council also adopted Resolution No. 2023-8 (Attachment C) on January 24, 2023, authorizing submittal of LCP Amendment No. LC2021-003 to the CCC for review and approval. The resolution specified LCP Amendment No. LC2021-003 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.

The January 24, 2024 City Council staff report is included as Attachment D for reference.

Coastal Commission Action
The CCC reviewed the LCP Amendment related to ADUs at its July 11, 2024, hearing.

The CCC approved the amendments as submitted, with the exception of suggested modifications described below. The CCC approval letter, including suggested modifications, is included as Attachment E.

The City Council must either accept or reject all of these suggested modifications (Attachment A). If the City Council rejects the suggested modifications, the LCP amendment would effectively expire, the proposed regulations would not go into effect, and portions of Section 21.48.200 (Accessory Dwelling Units) will remain inconsistent with state law and not reflect City Council Policy K-4. Should the City Council want to partially accept the suggested modifications, the City would need to process a new LCP amendment application and attempt to obtain CCC approval. Staff recommends accepting all suggested modifications.

A summary of the suggested modifications is included below.

Suggested Modifications 1 (Correct an outdated reference to California Government Code sections renumbered under Senate Bill 477) — Replace cross referenced Government Code Sections 65852.2 and 65852.22 with 66310 through 66342. In March 2024, the California Legislature enacted Senate Bill 477 which was signed by the governor on March 26, 2024, and took effect immediately. The bill relocated numerous Government Code sections regarding ADUs into a new chapter and the regulations are now provided in Sections 66310 through 66342.

SB 477's changes to state law were only organizational. • Suggested Modification 2 (Require ADU and JADU consistency with coastal resource protection policies of the certified LCP) — The suggestions do the following:
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Revise Section 21.28.200(B) (Effect of Conforming) by adding a statement that an ADU or JADU is not required to correct legally established nonconforming zoning condition(s), building code violation(s) and/or unpermitted structure(s) that do/does not raise inconsistency with the coastal resource protection policies of Section 21.48.200(C)(3) of Title 21.

2. Revise Section 21.48.200(C)(3) to clarify that the review authority shall find an ADU/JADU in compliance with both the Coastal Land Use Plan and Implementation Plan of the LCP prior to building permit issuance.

3. Revise Section 21.48.200(G) by eliminating the reference to Title 20 (Planning and Zoning) since the section should only reference Title 21 (Local Coastal Program Implementation Plan).

Suggested Modification 3 (Define undefined terms by adding relevant references and broadening existing references to certified Implementation Plan provisions) — The suggestion clarifies that any development in shoreline hazardous areas comply with the entire Section 21.30.015(E) (Development in Shoreline Hazardous Areas). The draft inadvertently referenced Section 21.30.015(E)(2), which relates to the requirement of a coastal hazards report. And the last suggestion modifies Section 21.48.200(J)(2) by clarifying that properties in flood hazard areas are those identified by the Federal Emergency Management Agency in the Flood Insurance Study for Orange County, California and Incorporated Area with Accompanying FEMA Floor Insurance Rate Maps.

The recommended actions accept and incorporate all the CCC suggested modifications into the LCP Amendments. A redline strikeout version of the proposed code revisions is included as Attachment F.

Future Title 20 and Title 21 Amendments Needed
In March 2024, Governor Newsom signed Senate Bill 477 to make state law governing ADUs and JADUs easier to read and navigate. Furthermore, in September 2024, Governor Newsom signed three more ADU bills (AB 2533, SB 1211, and SB 1077) that will each take effect on January 1, 2025. Staff will return to the City Council to initiate amendments to Titles 20 and 21 to update the City of Newport Beach's ADU/JADU regulations as necessary to comply with new legislation.

Table 1- New ADU/JAU Legislation
Bill
Summary
SB 477
Relocates numerous Government Code sections into a new chapter, and, within that chapter, key regulations are divided into smaller sections by topic area. This change is addressed in the proposed ordinance affecting Title 21. Title 20 will be updated as part of the future amendments needed.
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AB 2533
State law currently prohibits local agencies from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, provided the unit meets applicable building code requirements for health and safety. AB 2533 revises the law to: (1) expand its applicability to JADUs; (2) change the construction cutoff date from January 1, 2018, to January 1, 2020; (3) replace the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specifically specified in Health and Safety Code Section 17920.3 (Substandard Buildings); (4) mandate new public -notification requirements about limits on local regulation, substandard - building criteria, and pre -application inspection by a private contractor; and 5 address scope of city inspections and limits on remedial action.

SB 1211
State law currently prohibits local agencies from requiring replacement parking when a garage or carport is demolished in conjunction with new ADU construction.

SB 1211 expands the prohibition to uncovered parking spaces.

Also increases the quantity of detached ADUs that lots with an existing multifamily dwelling can have. Currently, lots with an existing or proposed multifamily dwelling can have up to two detached ADUs. Following SB 1211, lots with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. SB 1211 does not alter the number of ADUs that lots with proposed multifamily dwelling can have — they remain limited to two detached ADUs.

SB 1077
Requires the Coastal Commission to coordinate with HCD to "develop and provide guidance for local governments to facilitate the preparation of amendments to a local coastal program to clarify and simplify the permitting process" for ADUs and JADUs within the Coastal Zone by July 1, 2026.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action 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 provisions of Sections 65852.1 and 65852.2 (now renumbered to 66310 through 63342) 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:

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 November 16, 2022, to all persons and agencies on the Notice of Availability mailing list. 19-4

Amending Title 21 (Local Coastal Program Implementation Plan) of the NBMC Relating to Accessory Dwelling Unit Regulations

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Notice of this amendment was published in the Daily Pilot as an eighth -page advertisement, consistent with the provisions of the NBMC. The item also appeared on the agenda for this meeting, which was posted at City Hall and on the City website.

ATTACHMENTS:

Attachment A
— Ordinance No. 2024-28 (Title 21 Amendment)
Attachment B
— Ordinance No. 2023-2
Attachment C
— Resolution No. 2023-8
Attachment D
— January 24, 2024 City Council Staff Report
Attachment E
— Coastal Commission Approval Letter and Suggested Modifications Attachment F
— Underline/S#roke6wt Version of Amendments
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Attachment A
Ordinance No. 2024-28
(Title 21 Amendment)
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ORDINANCE NO. 2024-28

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2021-003 AS

MODIFIED BY THE CALIFORNIA COASTAL COMMISSION
AMENDING TITLE 21 (LOCAL COASTAL PROGRAM

IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE TO IMPLEMENT COUNCIL POLICY K-4
(REDUCING THE BARRIERS TO THE CREATION OF

HOUSING) AND NEW STATE LAW REQUIREMENTS
RELATING TO ACCESSORY DWELLING UNITS (PA2021-
113)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California;
WHEREAS, 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, the City adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan ("Coastal Land Use Plan") in 2005, which has been amended from time to time;
WHEREAS, the California Coastal Commission ("Coastal Commission") effectively certified the City's Local Coastal Program Implementation Plan 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 on January 30, 2017; WHEREAS, the City Council adopted Resolution No. 2021-18 on March 9, 2021, to add City Council Policy K-4 (Reducing the Barriers of the Creation of Housing), which encourages the development of accessory dwelling units ("ADU") as an important strategy to accommodate future growth and is an integral strategy to help meet the City's Regional Housing Needs Allocation ("RHNA");
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Ordinance No. 2024-

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WHEREAS, the City Council adopted Resolution No. 2021-43 on May 25, 2021, initiating a code amendment to Title 21 to modify regulations relating to the development of ADUs and junior accessory dwelling units ("JADU"); WHEREAS, the Planning Commission formed an Ad Hoc Committee on October 7, 2021, to evaluate potential code amendments to encourage new ADU development within the City;
WHEREAS, in 2022, the California Legislature adopted SB 897 and AB 2221, amending California Government Code Sections 65852.2 and 65852.22, to impose new limits on a city's ability to regulate ADUs and JADUs;
WHEREAS, amendment to Title 21 of the NBMC for the construction of ADUs and JADUs is necessary to comply with the amended provisions of Government Code Sections 66310 through 66342 (formerly 65852.2 and 65852.22) ("LCPA"), and to incorporate the recommendations of the Ad Hoc Committee; WHEREAS, pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 (Public Participation) ("Section 13515"), drafts of LCPA were made available and a Notice of Availability was distributed at least six weeks prior to the anticipated final action date;
WHEREAS, the Planning Commission held a public hearing on January 5, 2023, 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 California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), AND Chapter 21.62 (Public Hearings) of the NBMC, and. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2023-005 by a unanimous vote (5 ayes, 0 nays), recommending approval of the LCPA to the City Council;
M.

Ordinance No. 2024-

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WHEREAS, the City Council held a public hearing on January 24, 2023, 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, Section 13515, and Chapter 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;
WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution No. 2023-8 authorizing submittal of the LCPA to the Coastal Commission by a unanimous vote (7 ayes, 0 nays);
WHEREAS, the Coastal Commission denied the LCPA (LCP-5-NPB-23-0019-1 Part A) on July 11, 2024 as submitted and approved it with suggested modifications as being consistent with the California Coastal Act; and
WHEREAS, the City Council held a public hearing on October 24, 2024, 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, Section 13515, and Chapter 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:

Section 1: The City Council hereby adopts the LCPA and accepts the suggested modifications approved by the Coastal Commission to amend Section

21.48.200 (Accessory Dwelling Units) of the NBMC as set forth in Exhibit "A," and based upon the Findings in Exhibit "B," both of which are attached hereto and incorporated herein by reference.

Section 2: The LCP, including this LCPA, will be carried out fully in conformity with the California Coastal Act.

Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive part of this ordinance. 19-9

Ordinance No. 2024-

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Section 4: 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 July 11, 2024, action on LCP Amendment Request No. LCP-5-NPB-23- 0019-1 Part A (Accessory Dwelling Units).

Section 5: This ordinance shall not become effective for thirty days after adoption and until the Executive Director of the Coastal Commission certifies that this ordinance complies with the Coastal Commission's July 11, 2024, action on LCP Amendment Request No. LCP-5-NPB-23-0019-1 Part A (Accessory Dwelling Units).

Section 6: 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 7: The City Council finds this action is statutorily and categorically exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 21080.17 of the California Public Resources Code and Section 15282(h) of the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines") which exempts from the requirements of CEQA, the adoption of an ordinance regarding second units to implement the provisions of Sections 66310 through 66342 (formerly 65852.2 and 65852.22) of the Government Code. Similarly, the ministerial approval of accessory dwelling units is not a project for CEQA purposes, and environmental review is not required prior to approving individual applications.

Section 8: 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.
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Ordinance No. 2024-

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Section 9: 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 and the same shall become final and effective as provided in Section 5 of this ordinance.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of October, 2024, and adopted on the 12th day of November, 2024, by the following vote, to -wit -
AYES:

NAYS:

ABSENT:

WILL O'NEILL, MAYOR
ATTEST:

LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
M% N C. HARP, ClATTORNEY
Attachments: Exhibit A - Local Coast Program Amendment (PA2021-113) Exhibit B - Findings in Support of LCP Amendment (PA2021-113) 19-11

EXHIBIT "A"
LOCAL COASTAL PLAN AMENDMENT (PA2021-113)
Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code is amended in its entirety to read as follows:

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 66310 through 66342, 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 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 legally established nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit; and do/does not raise inconsistency with the coastal resource protection policies of 21.48.200(C)(3). 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 building permit and the following conditions:

There is an existing or proposed dwelling unit on the lot; 19-12

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 the Implementation Plan and Coastal Land Use Plan provisions, including Implementation Plan 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. The building permit 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).

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.
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E. Maximum Number of Accessory Dwelling Units Allowed. The following is the maximum number of accessory dwelling units allowed on any residential lot. For purposes of this section, "multi -unit dwelling" means a structure or development containing two (2) or more dwelling units. 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 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 one hundred fifty (150) square feet if the expansion is limited to accommodating ingress and egress.
b. The accessory dwelling unit shall 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).

2. Attached on Lot with Single -Unit or Multi -Unit Dwelling Category. Only 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.

ii. Fractions shall be rounded down to the next lower number of dwelling units, except that at least one 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.

F. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling, subject to the following:

1. The junior accessory dwelling unit is proposed to be attached to, or within the space of, a proposed or existing single -unit dwelling.

2. The junior accessory dwelling unit shall have independent exterior access from the single -unit dwelling and may provide interior access to the single -unit dwelling.

3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction).

4. The junior accessory dwelling unit may be constructed in addition to an accessory dwelling unit on the lot with a proposed or existing single -unit dwelling.

A junior accessory dwelling unit is not permitted on a lot with a proposed or existing multi -unit dwelling.

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 21 (Local Coastal Program Implementation Plan), 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 to establish an accessory dwelling unit and/or junior accessory dwelling unit.

b. For replacement of an existing enclosed structure, garage, or carport, no additional setback is required, beyond the existing setback provided, unless a greater setback is needed to comply with subsection (C)(3) of this section.

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.

For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.

C. Attached and detached accessory dwelling units shall provide a minimum setback of four (4) feet from all side property lines and rear property lines not abutting an alley unless the setback requirements of the underlying zoning district are less restrictive.

21.40.040.
iii. An accessory dwelling unit constructed on a lot with an existing or proposed single -unit or multi -unit dwelling that is located within one-half mile walking distance of a major transit stop or high -quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code shall not exceed a height of eighteen (18) feet. An additional two (2) feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit.

4. Unit Size.
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a. The maximum size of a detached or attached accessory dwelling unit is eight hundred fifty (850) square feet for a studio or one -bedroom unit and one thousand (1,000) square feet for a two (2) or more bedroom unit. b. Application of the size limitations set forth in subsection (G)(4)(a) of this section shall not apply to an accessory dwelling unit that is converted as part of a proposed or existing space of a principal residence or existing accessory structure.
c. Application of 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 front setbacks, floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than eight hundred (800) square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit. d. The maximum size of a junior accessory dwelling unit shall be five hundred (500) square feet.
e. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit.

Daylighting of the basement shall only be permitted where excavation is necessary to provide exterior access to the main surface level and in compliance with the following:
a. The access passageway, inclusive of any necessary shoring, may encroach into a side setback area;
b. The passageway shall be free of obstructions from the ground level to a height of eight (8) feet; and
c. The access passageway shall measure a minimum of thirty-six (36) inches in width, measure a maximum of sixty (60) feet in length, and shall not be located within a yard fronting a public right-of-way.
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Figure 3-7
Walkout Basement Floor Area Limit Exception

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, nor shall the construction of an accessory dwelling unit and/or junior accessory dwelling unit require fire sprinklers to be installed in the existing single -unit or multi -unit dwelling.

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.

i. An accessory dwelling unit internal to a proposed principal residence or converted from existing space of principal residence or existing accessory structure;
ii. An accessory dwelling unit located within one-half mile walking distance of 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. An accessory dwelling unit 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. Replacement Parking Necessary. 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, replacement parking shall be provided. Replacement parking 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.

Accessory dwelling units shall not displace required uncovered parking spaces.

9. Waterfront Development and Flood Hazard Areas.
a. The minimum top of slab elevation for new interior living areas, including areas converted from nonliving 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).

H. 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 (H)(3) of this section, the City may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utilities. 19-19

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 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 on -site 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.

I. 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 for Junior Accessory Dwelling Units. A natural person with legal or equitable title to the lot must reside in either the principal single -unit 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.

J. 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 as identified by the Federal Emergency Management Agency in the "Flood Insurance Study" for Orange County, California and Incorporated Area with accompanying FEMA Flood Insurance Rate Maps, 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. 19-20

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).

K. 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 66310 through 66342. 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. 19-21

EXHIBIT "B"
FINDINGS IN SUPPORT OF LOCAL COASTAL PLAN AMENDMENT (PA2021-113)

1. LCP Amendment No. LC2021-003 is consistent with and implements California Government Code Sections 66310 through 66342 (formerly 65852.2 and 65852.22).

2. Adopting an ordinance consistent with Government Code Sections 66310 through 66342 ensures that the character of the City is preserved to the maximum extent possible and that the City's regulation regarding ADUs and JADUs continue to promote the health, safety, and welfare of the community.

3. As permitted by California Government Code Sections 66310 through 66342, the City finds that maintaining the prohibition of parking in rear alley setbacks is essential to preserve vehicular maneuverability for residents and fire and life safety personnel traveling through the City's narrow alleyways. Also, prohibiting parking in front setbacks, unless located on a driveway a minimum 20 feet in depth, is also essential 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.

5. 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. To preserve the limited parking supply and ensure this amendment is consistent with the Coastal Act, this amendment maintains and clarifies that the requirement for replacement parking is needed when existing parking is displaced by a ADU or JADU. The amendment also requires parking to provide for an ADU constructed in conjunction with a new single -unit or multi -unit development when not located within'/2 mile walking distance to a bus stop.

6. LCP Amendment No. LC2021-003 would serve to implement Housing Element Policy Action 1 H (Accessory Dwelling Unit Construction) of the 2021-2029 Housing Element. Policy Action 1 requires the City to analyze methods to aggressively support and accommodate ADU construction within 12 months of Housing Element adoption and establish a program within 24 months of adoption. 19-22

Attachment B
Ordinance No. 2023-2
19-23

ORDINANCE NO. 2023-2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

NEWPORT BEACH, CALIFORNIA, ADOPTING CODE
AMENDMENT NO. CA2021-005 AMENDING SECTION

20.48.200 (ACCESSORY DWELLING UNITS) OF THE

NEWPORT BEACH MUNICIPAL CODE TO IMPLEMENT
COUNCIL POLICY K-4 (REDUCING THE BARRIERS TO

THE CREATION OF HOUSING) AND NEW STATE LAW

REQUIREMENTS RELATED TO ACCESSORY DWELLING
UNITS (PA2021-113)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, on March 9, 2021, the City Council adopted Resolution No. 2021- 18 to add City Council Policy K-4 (Reducing the Barriers of the Creation of Housing), which encourages the development of accessory dwelling units ("ADU") as an important strategy to accommodate future growth and is an integral strategy to help meet the City's Regional Housing Needs Allocation ("RHNA");
WHEREAS, on May 25, 2021, the City Council adopted Resolution No. 2021-43, initiating a code amendment to Title 20 (Planning and Zoning) to modify regulations relating to the development of ADU and junior accessory dwelling units ("JADU"); WHEREAS, on October 7, 2021, the Planning Commission formed an Ad Hoc Committee to evaluate potential code amendments related to encouraging new ADU development within the City;
WHEREAS, in 2022, the California Legislature adopted SB 897 and AB 2221, amending California Government Code Sections 65852.2 and 65852.22 to impose new limits on a city's ability to regulate ADUs and JADUs;
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code Sections 65852.2 and 65852.22 ("Code Amendment No. CA2021- 005"), and to incorporate the recommendations of the Ad Hoc Committee; 19-24

Ordinance No. 2023-2

Page 2 of 4 ends

WHEREAS, a public hearing was held by the Planning Commission on January 5, 2023, 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 California Government Code Section 54950 et seq. ("Ralph M.

Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2023-004 by a unanimous vote (5 ayes — 0 nays), recommending approval of Code Amendment No. CA2021-005 to the City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on January 24, 2023, 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 20.62 (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:

Section 1: The City Council does hereby approve Code Amendment No.

CA2021-005 to amend Chapter 20.48 (Accessory Dwelling Units) of the NBMC as set forth in Exhibit "A," and based upon the Findings in Exhibit "B", both of which are attached hereto and incorporated herein by reference.

Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.

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.
19-25

Ordinance No. 2023-2

Page 3 of 4 ends

Section 4: The City Council finds the introduction and adoption of this ordinance is statutorily and categorically exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 21080.17 of the California Public Resources Code and Section 15282(h) of the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines") which exempts from the requirements of CEQA, the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code.

Similarly, the ministerial approval of 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 Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 19-26

Ordinance No. 2023-2

Page 4 of 4 ends

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 be effective thirty calendar days after its adoption.

This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 24t" day of January, 2023, and adopted on the 14th day of February, 2023, by the following vote, to -wit:

AYES: Mayor Blom, Mayor Pro Tern O'Neill, Council Member Avery, Council Member Grant, Council Member Kleiman, Council Member Stapleton, Council Member Weigand
NAYS:

ABSENT:

ATTEST:
4 P
LEILANI I. BROW , CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
/ ",
C . ",,
AARON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A - Code Amendment No. CA2021-005 Exhibit B - Findings in Support of Code Amendment No.

CA2021-005
19-27

EXHIBIT "A"
ZONING CODE AMENDMENT NO. CA2021-005
Section 20.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code is amended in its entirety 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 legally established nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. 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 issuance of a building permit 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
19-28

3. The building permit 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 Accessory Dwelling Units Allowed. The following is the maximum number of accessory dwelling units allowed on any residential lot. For purposes of this section, multi -unit dwelling means a structure or development containing two (2) or more dwelling units. Only one (1) of the categories described below in this subsection may be used per lot.

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 one hundred fifty (150) square feet if the expansion is limited to accommodating ingress and egress.
b. The accessory dwelling unit shall 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).

existing or proposed multi -unit dwelling. For purposes of this section, a multi -unit development approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels.

4. 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 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.

E. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) junior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling, subject to the following:

1. The junior accessory dwelling unit is proposed to be attached to, or within the space of, a proposed or existing single -unit dwelling.

2. The junior accessory dwelling unit shall have independent exterior access from the single -unit dwelling and may provide interior access to the single -unit dwelling.

3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction).

4. The junior accessory dwelling unit may be constructed in addition to an accessory dwelling unit on the lot with a proposed or existing single -unit dwelling.

A junior accessory dwelling unit is not permitted on a lot with a proposed or existing multi -unit dwelling.

F. Development Standards. Except as modified by this subsection, an accessory dwelling unit and/or junior accessory dwelling unit shall conform to all objective standards of the underlying residential zoning district, any applicable overlay district, 19-30

and all other applicable provisions of Title 20 (Planning and Zoning), 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 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. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.
c. Attached and detached accessory dwelling units shall provide a minimum setback of four (4) feet from all side property lines and rear property lines not abutting an alley unless the setback requirements of the underlying zoning district are less restrictive.

dwelling unit complies with parking standards set forth in Section

20.40.040.
iii. An accessory dwelling unit constructed on a lot with an existing or proposed single -unit or multi -unit dwelling that is located within one-half mile walking distance of a major transit stop or high -quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code shall not exceed a height of eighteen (18) feet. An additional two (2) feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit.

4. Unit Size.
a. The maximum size of a detached or attached accessory dwelling unit is eight hundred fifty (850) square feet for a studio or one -bedroom unit and one thousand (1,000) square feet for a two (2) or more bedroom unit. b. Application of size limitations set forth in subsection (F)(4)(a) of this section, shall not apply to an accessory dwelling unit that is converted as part of a proposed or existing space of a principal residence or existing accessory structure.

C. Application of 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 front setback, floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than eight hundred (800) square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit. d. The maximum size of a junior accessory dwelling unit shall be five hundred (500) square feet.
e. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit.

c. The access passageway shall measure a minimum of thirty-six (36) inches in width, measure a maximum of sixty (60) feet in length, and shall not be located within a yard fronting a public right-of-way.
60'
Figure 3-7
Walkout Basement Floor Area Limit Exception

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.

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. An accessory dwelling unit internal to a proposed principal residence or converted from existing space of a principal residence or existing accessory structure;
ii. An accessory dwelling unit 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. An accessory dwelling unit 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.
vi. Outside the coastal zone, when an accessory dwelling unit is constructed in conjunction with a new single -unit or multi -unit dwelling on the same lot.
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. Accessory dwelling units shall not displace required uncovered parking spaces. Refer to Section 21.48.200(G)(8)(e) for replacement parking in the coastal zone.

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) of this section, 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 19-34

dwelling(s), unless the accessory dwelling unit is being constructed in connection with a new single -unit dwelling.

H. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units.

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.

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.
19-35

EXHIBIT "B"
FINDINGS IN SUPPORT OF ZONING CODE AMENDMENT NO. CA2021-005

1. Zoning Code Amendment No. CA2021-005 is consistent with and implements California Government Code Sections 65852.2 and 65852.22.

2. 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 possible and that the City's regulation regarding ADUs and JADUs continue to promote the health, safety, and welfare of the community.

3. As permitted by California Government Code Section 65852.2, the City finds that maintaining the prohibition of parking in rear alley setbacks is essential to preserve vehicular maneuverability for residents and fire and life safety personnel traveling through the City's narrow alleyways. Also, prohibiting parking in front setbacks, unless located on a driveway a minimum 20 feet in depth, is also essential 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.

Notwithstanding this, Government Code Section 65852.2(I) notes, "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..."

5. 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. To preserve the limited parking supply and ensure this amendment is consistent with the California Coastal Act, this amendment maintains and clarifies that the requirement for replacement parking is needed when existing parking is displaced by a ADU or JADU. The amendment also requires parking to provide for an ADU constructed in conjunction with a new single -unit or multi -unit development when not located within %2 mile walking distance to a bus stop.

6. Zoning Code Amendment No. CA2021-005 would serve to implement Housing Element Policy Action 1H (Accessory Dwelling Unit Construction) of the 2021-2029 Housing Element. Policy Action 1 requires the City to analyze methods to 19-36

aggressively support and accommodate ADU construction within 12 months of Housing Element adoption and establish a program within 24 months of adoption.

City of Newport Beach ,,,,

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; that the foregoing ordinance, being Ordinance No. 2023-2 was duly introduced on the 28th day of January, 2023, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 14th day of February, 2023, and that the same was so passed and adopted by the following vote, to wit:

AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of February, 2023.

Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California

CERTIFICATE OF PUBLICATION
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 Ordinance No. 2023-2 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates:

Introduced Ordinance: January 28, 2023
Adopted Ordinance: February 18, 2023
In witness whereof, I have hereunto subscribed my name this F4
}
day of F��rLTary, 2023.
r
Leilani I. Brown, M
City Clerk
City of Newport Beach, California
,�fI_I F®�i�
19-38

Attachment C
Resolution No. 2023-8
19-39

RESOLUTION NO. 2023-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWPORT BEACH, CALIFORNIA, AUTHORIZING

SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2021-003 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND SECTION 21.48.200
(ACCESSORY DWELLING UNITS) OF THE NEWPORT

BEACH MUNICIPAL CODE TO IMPLEMENT COUNCIL
POLICY K-4 (REDUCING THE BARRIERS TO THE

CREATION OF HOUSING) AND NEW STATE LAW

REQUIREMENTS RELATED TO ACCESSORY DWELLING
UNITS (PA2019-248)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, 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 adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan, as amended from time to time; WHEREAS, the California Coastal Commission effectively certified the City's Local Coastal Program 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, on March 9, 2021, the City Council adopted Resolution No. 2021-18 to add City Council Policy K-4 (Reducing the Barriers of the Creation of Housing), which encourages the development of accessory dwelling units ("ADU") as an important strategy to accommodate future growth and is an integral strategy to help meet the City's Regional Housing Needs Allocation ("RHNA") allocation;
19-40

Resolution No. 2023-8

Page 2 of 4 ends

WHEREAS, on May 25, 2021, the City Council adopted Resolution No. 2021-43, initiating a code amendment to Title 21 to modify regulations relating to the development of ADUs and junior accessory dwelling units ("JADU");
WHEREAS, on October 7, 2021, the Planning Commission formed an Ad Hoc Committee to evaluate potential code amendments related to encouraging new ADU development within the City;
WHEREAS, in 2022, the California Legislature adopted SB 897 and AB 2221, amending California Government Code Sections 65852.2 and 65852.22 to impose new limits on a city's ability to regulate ADUs and JADUs;
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code Sections 65852.2 and 65852.22 ("LCP Amendment No. LC2021-003"), and to incorporate the recommendations of the Ad Hoc Committee; WHEREAS, pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 (Public Participation) ("Section 13515"), drafts of LCP Amendment No. LC2021-003 were made available and a Notice of Availability was distributed at least six weeks prior to the anticipated final action date; WHEREAS, a public hearing was held by the Planning Commission on January 5, 2023, 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 California Government Code Section 54950 et seq. ("Ralph M.

Brown Act"), Chapter 21.62 (Public Hearings) of the NBMC, and Section 13515.

Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2023-005 by a unanimous vote (5 ayes — 0 nays), recommending approval of LCP Amendment No. LC2021-003 to the City Council; and 19-41

Resolution No. 2023-8

Page 3 of 4 ends

WHEREAS, a duly noticed public hearing was held by the City Council on January 24, 2023, in the City 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 (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 resolves as follows:

Section 1: The City Council authorizes staff to submit Local Coastal Program Amendment No. LC2021-003 to amend Chapter 21.48 (Accessory Dwelling Units) of the NBMC as set forth in Exhibit "A," and based upon the Findings in Exhibit "B", both of which are attached hereto and incorporated by reference, to the California Coastal Commission.

Section 2: LCP Amendment No. LC2021-003 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach.

Section 3: The LCP, including LCP Amendment No. LC2021-003, will be carried out fully in conformity with the California Coastal Act.

Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.

Section 5: 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.
19-42

Resolution No. 2023-8

Page 4 of 4 ends

Section 6: The City Council finds the adoption of this resolution is statutorily and categorically exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 21080.17 of the California Public Resources Code and Section 15282(h) of the California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines") which exempts from the requirements of CEQA, the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code. Similarly, the ministerial approval of accessory dwelling units is not a project for CEQA purposes, and environmental review is not required prior to approving individual applications.

Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 24th day of '�� ''^'"
ATTEST:

PlAt
Brown
City Clerk
APPROVED AS TO FORM:

CITY A TORNEY'S OFFICE

7..wc. /A_
P(ard'n C. Harp
City Attorney
Attachment(s): Exhibit A — Local Coast Program Amendment No. LC2021-003 Exhibit B — Findings in Support of LCP Amendment No. LC2021-003 19-43

EXHIBIT "A"
LOCAL COASTAL PLAN AMENDMENT NO. LC2021-003
Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code is amended in its entirety to read as follows:

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 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 legally established nonconforming zoning condition(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.

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;
19-44

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. The building permit 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) daytime 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.

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.

Within the space of a proposed single -unit or multi -unit dwelling; or 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 one hundred fifty (150) square feet if the expansion is limited to accommodating ingress and egress.
b. The accessory dwelling unit shall 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).

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.

1. The junior accessory dwelling unit is proposed to be attached to, or within the space of, a proposed or existing single -unit dwelling.

2. The junior accessory dwelling unit shall have independent exterior access from the single -unit dwelling and may provide interior access to the single -unit dwelling.

3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction).

4. The junior accessory dwelling unit may be constructed in addition to an accessory dwelling unit on the lot with a proposed or existing single -unit dwelling.

Ajunior accessory dwelling unit is not permitted on a lot with a proposed or existing multi -unit dwelling.

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), 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 to establish an accessory dwelling unit and/or junior accessory dwelling unit.

This provision shall only apply to accessory dwelling units and junior 19-47

accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existing structure's size and/or height. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently. c. Attached and detached accessory dwelling units shall provide a minimum setback of four (4) feet from all side property lines and rear property lines not abutting an alley unless the setback requirements of the underlying zoning district are less restrictive.

3. Building Height.
a. Internal. Accessory dwelling units and junior accessory dwelling units internal to an existing or proposed single -unit or multi -unit dwelling shall comply with the height limit as required by underlying zoning district. b. Attached. Accessory dwelling units and junior accessory dwelling units attached to an existing or proposed single -unit or multi -unit dwelling shall comply with the height limit as required by underlying zoning district. c. Detached accessory dwelling units shall not exceed a height of sixteen (16) feet except as noted below:
i. An accessory dwelling unit constructed on a lot with an existing or proposed multi -unit, multi -story dwelling shall not exceed a height of eighteen (18) feet.
ii. 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 the accessory dwelling unit meets the minimum setbacks required by underlying zoning district and the principal dwelling unit complies with parking standards set forth in Section 21.40.040. iii. An accessory dwelling unit constructed on a lot with an existing or proposed single -unit or multi -unit dwelling that is located within one-half mile walking distance of a major transit stop or high -quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code shall not exceed a height of eighteen (18) feet. An additional two (2) feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit.

b. Application of the size limitations set forth in subsection (G)(4)(a) of this section shall not apply to an accessory dwelling unit that is converted as part of a proposed or existing space of a principal residence or existing accessory structure.
c. Application of 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 front setbacks, floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than eight hundred (800) square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit.
d. The maximum size of a junior accessory dwelling unit shall be five hundred (500) square feet.
e. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit.

60'
Figure 3-7
Walkout Basement Floor Area Limit Exception

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:
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i. An accessory dwelling unit internal to a proposed principal residence or converted from existing space of principal residence or existing accessory structure;
ii. An accessory dwelling unit located within one-half mile walking distance of 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. An accessory dwelling unit 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. Replacement Parking Necessary. 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, replacement parking shall be provided. Replacement parking 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. Accessory dwelling units shall not displace required uncovered parking spaces.

21.30.015(E)(2).

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.

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 on -site 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.

I. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units.

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.

J. Deed Restriction and Recordation Required.

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.
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K. 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.

City of Newport Beach ,,.,,

EXHIBIT "B"
FINDINGS IN SUPPORT OF LOCAL COASTAL PLAN AMENDMENT NO. LC2021-003 LCP Amendment No. LC2021-003 is consistent with and implements California Government Code Sections 65852.2 and 65852.22.

4. The City is a coastal community with numerous coastal resources that attract over seven million annual visitors. This includes public beaches, Newport Harbor, Balboa Peninsula, Balboa Island, and Newport Bay. The number of annual visitors, coupled with historic development patterns of the City, has created a significant impact on the limited parking supply. The loss of off-street parking on residential lots would exacerbate the continual public parking problems in the Coastal Zone, as it shifts residential parking from on -site to on -street. Government Code Section 65852.2(a)(1)(D)(xi) notes that off-street parking shall not be required to be replaced when a garage, carport, or other covered parking is converted to an ADU or JADU. Notwithstanding this, Government Code Section 65852.2(I) notes, "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..." 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. To preserve the limited parking supply and ensure this amendment is consistent with the Coastal Act, this amendment maintains and clarifies that the requirement for replacement parking is needed when existing parking is displaced by a ADU or JADU. The amendment also requires parking to provide for an ADU constructed in conjunction with a new single -unit or multi -unit development when not located within '/2 mile walking distance to a bus stop.

5. LCP Amendment No. LC2021-003 would serve to implement Housing Element Policy Action 1 H (Accessory Dwelling Unit Construction) of the 2021-2029 Housing Element.

Policy Action 1 requires the City to analyze methods to aggressively support and 19-54

accommodate ADU construction within 12 months of Housing Element adoption and establish a program within 24 months of adoption.

City of Newport Beach ,,,

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. 2023-8 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 241h day of January, 2023; and the same was so passed and adopted by the following vote, to wit:

AYES: Mayor Noah Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 251h day of January, 2023.
r
Leilani I. Brown
City Clerk
Newport Beach, California
19-56

Attachment D
January 24, 2024 City Council Staff Report
19-57

CITY OF

NEWPORT BEACH
City Council Staff Report
100
FROM
PREPARED BY:

PHONE:

January 24, 2023
Agenda Item No. 16

HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
Jaime Murillo, Principal Planner, [email protected] 949-644-3209
TITLE: Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit Regulations to Implement Council Policy K-4 and to Comply with State Law (PA2021-113)
ABSTRACT:

For the City Council's consideration are amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code revising regulations pertaining to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU). The update will conform with revisions to State law that went into effect on January 1, 2023. The amendments also include revisions recommended by the Planning Commission Ad Hoc Committee to incentivize ADU production consistent with Council Policy K-4.

RECOMMENDATIONS:
a) Conduct a public hearing;
b) 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;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-2, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Code Amendment No. CA2021-005 Amending Section 20.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code to Implement Council Policy K-4 (Reducing the Barriers to the Creation Of Housing) and New State Law Requirements Related to Accessory Dwelling Units (PA2021-113), and pass to second reading on February 14, 2023; and
d) Adopt Resolution No. 2023-8, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2021-003 to the California Coastal Commission to Amend Section 21.48.200 (Accessory Dwelling Units) of the Newport Beach Municipal Code to Implement Council Policy K-4 (Reduci e.Barriers to the Crea ' n of Housing) and New State Law Requirements Relato ccessory Dwelling (PA2019-248). 19-58 16-1

Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit Regulations to Implement Council Policy K-4 and to Comply with State Law January 24, 2023

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DISCUSSION:

In 2022, the State of California adopted another group of housing bills aimed at addressing the housing crisis. The Legislature approved, and the Governor signed, SB 897 (Chapter 6664, Statutes of 2021) and AB 2221 (Chapter 650, Statutes of 20211 into law that amended Government Code Sections 65852.2 and 65852.22 to impose new limits on the City's ability to regulate ADUs and JADUs. These changes are discussed in more detail in Table 1 of this report. In adopting these new regulations, the State Legislature determined that these changes are a matter of statewide concern, rather than a municipal affair, and mandates that charter cities, such as the City of Newport Beach, implement the new ADU laws. The State Legislature intends to further reduce regulatory barriers and costs, streamline the approval process, and expand the potential capacity for ADUs in response to California's housing shortage.

City Efforts to Incentivize ADU Production
On March 9, 2021, the City Council adopted Resolution No. 2021-18 to add City Council Policy K-4, Reducing the Barriers of the Creation of Housing. Council Policy K-4 encourages the development of ADUs as an important strategy to accommodate future growth and is an integral strategy to help meet the City's Regional Housing Needs Assessment (RHNA) allocation. ADUs allow for a dispersion of density citywide and avoid the need for excessive rezoning and high infrastructure costs associated with new, higher -density developments. Since ADUs tend to be relatively small with modest amenities, they provide more affordable housing options for select groups, such as students, seniors, caretakers and people with disabilities.

On May 25, 2021, the City Council adopted Resolution 2021-43, initiating the subject Code Amendment and Local Coastal Program (LCP) Amendment directing staff to modify regulations related to the development of ADUs.

On September 9, 2021, the Planning Commission formed an Ad Hoc Committee to evaluate potential code amendments related to encouraging new ADU development within the City. The Ad Hoc Committee met a total of five times and developed recommendations that were shared with the Planning Commission at a study session on July 7, 2022. However, due to new ADU legislation that was pending, the Planning Commission directed staff to delay the amendments, monitor the pending legislation, and incorporate any necessary code revisions needed to comply with new legislation.

On September 13, 2022, the City Council adopted the 6t" Cycle Housing Element Update for the 2021-2029 planning period. Housing Element Policy Actions 1 H (Accessory Dwelling Unit Construction) and 11 (Accessory Dwelling Unit Monitoring Program) establish a target of permitting at least 30 ADUs annually, for a total of at least 240 ADUs constructed by the end of the planning period. The two policy actions also require the City to analyze methods to aggressively support and accommodate ADU construction within 12 months of Housing Element adoption and establish a program within 24 months of adoption. This amendment wo d e p serve to implemel these two policy actions.

W M vV o .0
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Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit Regulations to Implement Council Policy K-4 and to Comply with State Law January 24, 2023

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Comparison of Existing and Proposed Regulations
ADUs and JADUs are both independent living units with an exterior entrance into the unit; however, JADUs are limited to no more than 500 square feet. Additionally, JADUs are permitted an efficiency size kitchen with only a hot plate, can have an internal access to the primary dwelling unit, and can share sanitary facilities (bathrooms) with the primary unit. Conversely, ADUs can be up to 1,000 square feet and are fully self-contained (including full kitchen and sanitation facilities), and they may not include internal access to the primary dwelling unit.

JADU (Junior ADU)
Converted or attached space
within or attached to an existing
or new home, up to 500 square
feet
Internal ADU
Converted space in an existing
home or accessory building
(garage, pool house) 6R a unit in a
new development
Detached ADU
New freestanding structure, such
as a backyard cottage
Attached ADU
New structure (may include some
converted space) sharing at least
one wall with a home/building
Multi -Unit Conversion ADU
Converted space in an existing
multi -unit building (storage,
attics, or other non -habitable
space)
Figure 1- Different ADU/JADU Types
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 two development matrixes that help illustrate the differences. Attachment C includes a matrix of development standards under current standards and Attachment D includes a matrix of developments standards under the proposed amendments. A redline/strikeout version of both the Title 20 and Title 21 amendments is included as Attachment E.

Ch
t rqe eft Bee.. 19-60
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Summary of Major Revisions Due to State Law Changes
Table 1 — Major State Law Changes in ADU/JADU Unit Development Standards Standard
Proposed Code Change
Nonconforming
Clarification that the City can't require the correction of Conditions
nonconforming conditions, building code violations, or unpermitted structures that do not pose a threat to public health and safety and that are not affected by the construction or permitting of the ADU or JADU. However, this does not preclude the City from requiring correction as a separate action.

Objective
Prohibits the application of subjective development standards.

Standards
Therefore, the City's existing requirement that an ADU/JADU be designed similar to the principal unit with respect to architectural style, roof pitch, color and materials cannot be enforced and as such, it is proposed to be deleted. This provision would also pose a potential barrier for a property owner choosing to utilize the City's forthcoming pre -approved ADU plans and that does not match the architectural style of every principal unit.

Fire Sprinklers
Clarifies that ADU/JADU cannot trigger a requirement for fire sprinklers to be installed in the existing single -unit or multi -unit dwelling, even when it results in a building code change in occupancy.
800 sf ADU
Adds front setbacks to the list of standards that the City is precluded Exemption
from applying when the application of development standards in combination with existing development precludes the development of an 800 sf ADU. Specifically, in the case where the floor area, lot coverage, or front setbacks of existing development doesn't allow the development of an 800 sf ADU and no other compliant alternatives exist, then the ADU may exceed the floor area or lot coverage limits, and/or encroach into the front setback to the minimum extent necessary to accommodate the 800 sf ADU
provided it meets all other applicable standards.

Height Limits
State law increases the allowed height for detached ADUs from 16 feet to 18 feet when: 1) located within '/2 mile walking distance to a major transit stop of high -quality transit corridor (Attachment F). An additional 2-foot height increase permitted when needed to accommodate a roof pitch that aligns with roof pitch of principal unit); or 2) when ocated on a lot with a multi -story, multi -unit dwelling. ✓�� U1 1Vt;VVPU1 L 1 19-61
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To reduce variability within an already complex code and changes in transit, it is recommended that the height limit for detached ADUs be changed to the following simple standard: 18 feet for flat roofs and 20 feet for sloping roofs (min. 3:12 pitch). This will capture the mandatory changes in State law and result in a simpler code for staff and property owners and the development community to understand and implement. The minor increase in building bulk isn't significant in staff's opinion.

Parking
The law adds to the list of circumstances when parking is waived.

Exception
When an ADU is created as part of a new single -unit dwelling or multi -unit dwelling, no additional parking is required for the ADU itself. Effectively, one parking space can only be required for attached or detached ADUs constructed in conjunction with existing development and when not located within '/2 mile walking distance to a bus stop. However, due to public access concerns and the impacts to the availability of public on -street parking in the coastal zone, staff is recommending that this new parking waiver not be applicable in the coastal zone (Attachment G). California Coastal Commission staff has been consulted and is supportive of this limitation.

Increases
Allows up to two detached ADUs constructed in conjunction with an number of
existing or new multi -unit dwelling. Previously only one detached detached ADUs
ADU was allowed when constructed in conjunction with a new multi - allowed with
unit dwelling.

Multi -Unit
Dwellings
Owner
State law now restricts the City from imposing an owner -occupancy Occupancy
requirement for ADUs constructed with multi -unit dwellings. The City remains able to impose owner -occupancy for JADUs and ADUs constructed with single -unit dwellings; however, the owner - occupancy requirement for ADUs remains suspended until January 2025.

The owner -occupancy requirement is typically resisted by property owners and developers. The restriction clouds title and reduces flexibility in use and sales. To eliminate these barriers and to simplify implementation, staff is recommending eliminating the owner - occupancy requirement for ADUs constructed with single -unit dwellings. Owner -occupancy requirements for JADUs are
recommended to remain.

Ciro of Newport E 19-62
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Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit Regulations to Implement Council Policy K-4 and to Comply with State Law January 24, 2023

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Process State law restricts the ability of the City to require a zoning clearance to review and process ADUs and JADUs. Code revisions will clarify ADUs and JADUs shall processed ministerially through a building permit. Projects within the coastal zone will remain subject to the processing of a coastal development permit if it is required.

Summary of Recommended Chanaes by Plannina Commission Ad Hoc Committee The Ad Hoc Committee studied several options to incentivize ADU production; however, ultimately decided to proceed carefully and only recommend changes that did not result in added building bulk. It was recognized that while ADUs help address the City's RHNA production goals, ADUs alone won't solve the housing need. It would also be difficult to undo code revisions that later resulted in unintended consequences due to recent changes in State law (Housing Crisis Act of 2019) that temporarily prohibits the adoption of code amendments that limit or restrict development standards. Therefore, despite recommendations from the development community during community outreach meetings requesting increased floor area above maximum floor area limits in exchange for incorporating ADUs as part of new single -unit and multi -unit developments, the Ad Hoc Committee only recommends excluding ADUs from the floor area limits when incorporated into subterranean basements with limited daylighting access.

Table 2 — Ad Hoc Committee Recommended Changes
Standard
Proposed Code Change
Walkout
The City's current definition of gross floor area excludes Basement Floor
subterranean basements from the floor area calculations because Area Limit
they are not visible, but includes daylight basements due to Exception
visibility. In order to use subterranean basements for ADU purposes and still provide exterior access, some limited excavation and daylighting of the basement is needed. Therefore, a floor area exception is recommended for ADUs and JADUs predominately designed as a subterranean with certain criteria that allows excavation of a side yard (60 feet max), not visible from a public right-of-way, and that provides safe emergency access
passageway (8-foot vertical clearance and 3-foot-wide). All other daylighting basements will remain included in floor area calculations. See Figures 2 and 3 below.
✓J ly ®f Newport Bea 19-63
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Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit Regulations to Implement Council Policy K-4 and to Comply with State Law January 24, 2023

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Attached ADU Current regulations limit the size of attached and detached ADUs Size Limit to 850 square feet for studios and 1-bedroom units and 1,000 Simplification square feet for 2+ bedroom units. However, attached ADUs are subject to an additional size limit equal to no more than 50% of the principal dwelling. For example, a 1,400-sf principal dwelling x 50% = 700 sf attached ADU. This 50% sf limitation is rarely triggered due to the small size of principal unit needed to have impact and it only serves to further complicate the regulations. Therefore, it was recommended the 50% limitation be eliminated.

Figure 2- Proposed Daylight Basement Exception for ADUs/JADUs Figure 3- Typical Daylight Basement — No Exclusion Proposed l . h\/ -Ilf 1 V *-I[)Oft E 19-64
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Plannina Commission Recommendation
On January 5, 2023, the Planning Commission considered the proposed amendments and adopted Resolution Nos. PC2023-004 and PC2023-005 (Attachments H and 1), recommending approval of Code Amendment No. CA2021-005 to the City Council and recommending the City Council authorize submittal of Local Coastal Program Amendment No. LC2021-003 to the California Coastal Commission.

State Department of Housina and Communitv Development Review Per State law, the City is required to 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 also be submitted to HCD after the Coastal Commission process is complete. Staff will coordinate with both State agencies with the goal to ensure that Coastal Commission modifications, if any, will be found acceptable to HCD and the City.

Local Coastal Plan
Similar to the Title 20, Title 21 currently regulates ADUs inconsistent with State law.

Therefore, subsequent to City Council adoption of this Zoning Code Amendment, staff will submit corresponding amendments (Attachment B) to the Local Coastal Program (LCP) for review and approval of the California Coastal Commission.

Alternatives
The City Council 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.

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW
Staff recommends the City Council find this action 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 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. 19-65
16-8

Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit Regulations to Implement Council Policy K-4 and to Comply with State Law January 24, 2023

Page 9 ends

NOTICING:

In addition, notice of this amendment was published in the Daily Pilot as an eighth -page advertisement, consistent with the provisions of the Municipal Code and State law. The item also appeared on the agenda for this meeting, which was posted at City Hall and on the City website.

ATTACHMENTS:

Attachment A
— Ordinance No. 2023-2 (Title 20 Amendment)
Attachment B
— Resolution No. 2023-8 (Title 21 Amendment)
Attachment C
— Matrix of Current ADU/JADU Development Standards
Attachment D — Matrix of Proposed ADU/JADU Development Standards Attachment E
— Redline/Strikeouts Version of Title 20 and Title 21 Amendments Attachment F
— Map of Major Transit Stops and High -Quality Transit Corridors Attachment G
— Map of Coastal Zone
Attachment H
— Planning Commission Resolution No. PC2023-004
Attachment I —
Planning Commission Resolution No. PC2023-005
City of Newport Beach19-66
Ey

Attachment C
Matrix of Current ADU/JADU Development
Standards
City of Newport Bea, 1641

CITY OF

J N EWPO RT BEACH

ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
Revised 04/19/22
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 JADU

ADU WITH SINGLE- OR MULTI -UNIT DEVELOPMENT

ADU WITH MULTI -UNIT DEVELOPMENT
�7
7 ADU Type
JADU

INTERNAL'-Z

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 existing multi -unit dwellings
dwelling
At least one and no more than 25% of the
Number of Units
One
One
existing unit count in the multi -unit
Two
development
Allowed with Other ADU3
May also provide single -unit
May also provide JADU as part of a single -unit dwelling No
Minimum Lot Size
None
Minimum Size
Must meet minimum efficiency unit requirements of 220 square feet Maximum Size
No limit
Studio/One-Bedroom = 850
No limit
Studio and One -Bedroom
(Square Feet)
500
Two Bedroom = 1,000
= 850
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
feet4
16 feet (Exception: Base
16 feet (Exception: Base
zone for an ADU
zone for an ADU
constructed above a
constructed above a
Maximum Height
garage that complies
Per base zone
Per base zone
Per base zone
garage that complies
N/A
with setbacks and
with setbacks and
principal unit complies
principal unit complies
�
with parking)
with parking)
19-68
16-42

CITY OF

N PWPORT BEACH

ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
Revised 04/19/22
ADU Type
JADU

ADU WITH SINGLE- OR MULTI -UNIT DEVELOPMENT

ADU WITH MULTI -UNIT DEVELOPMENT
JADU

INTERNAL

ATTACHED

I DETACHED

CONVERSION

DETACHED
Front Setback s
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
Efficiency'
Full kitchen, including fixed cooking appliance with outside exhaust.

Parking
None
None
One
I 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
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
The City may require a separate utility connection. (See Utilities Director 1/9/21 Memorandum for single water and sewer service allowances) not required
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 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.
2 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 Current adopted code is out of date. A133182, effective January 1, 2021, allows an ADU and a JADU on the same lot with a proposed or existing single-family dwelling, regardless if the ADU is detached, attached, or internal. This change will be incorporated into future Title 20 and Title 21 amendments.
4 An ADU constructed concurrently with a new development shall comply with the total maximum allowed floor area or lot coverage limits applicable to the property. In the case where the floor area or lot coverage of existing development doesn't allow the development of an 800 sf ADU, then the ADU may exceed floor area or lot coverage limits to the minimum extent necessary to accommodate the 800 sf ADU provided it meets the 16-foot height limit and 4-foot setback requirements. 6 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.
6 An efficiency kitchen may include a basic plug-in cooking appliance such as hot plate or microwave A sink, food preparation counter and storage cabi�ts of reasonable size required.

N nr-ieacn
.4ewll
19-69
16-43

Attachment D
Matrix of Proposed ADU/JADU
Development Standards
City of Newport Beach19-70
644

BF_H

ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
Draft Proposed Revisions 12/12/2022
Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) are regulated by Newport Beach Municipal Code Sections 20.48.200 and ' I I I I . Ministerial review of all ADUs and JADUs will occur through building permit plan check. A Coastal Development Permit may also be required for properties within the Coastal Zone. An ADU/JADU unit must include basic elements of sleeping facilities, food preparation, sanitation, and separate exterior access.

Please consult with a planner prior to submitting and ADU/JADU project JADU

ADU WITH SINGLE- OR MULTI -UNIT DEVELOPMENT

ADU WITH EXISTING MULTI-

UNIT DEVELOPMENT
JADU'
INTERNALI,2

ATTACHED'

DETACHED

CONVERSION
ADUType
Conversion of an interior portion of
Conversion of an interior portion of an
Construction of a new ADU attached to
Construction of a new ADU as a detached
Conversion of an existing non -habitable (e.g.,
an existing single -unit dwelling; or
existing single -unit or multi -unit dwelling,
an existing or proposed single -unit or
accessory building
storage rooms, boiler rooms, passageways,
new construction within a proposed
or an existing detached accessory
multi -unit dwelling
attics, basements, or garages) portion of a
single -unit dwelling; or attached to
building; or new construction within a
multi -unit (2+) development
an existing or proposed single -unit
proposed single -unit or multi -unit (2+)
dwelling
development
Allowed on all residential and
Allowed on all residential and mixed zoned
Zoning
mixed zoned properties that are
Allowed on all residential and mixed -use zoned properties that are improved with a single -unit or multi -unit dwelling properties that are improved with existing
improved with a single -unit
multi -unit dwellings
dwelling
Single -unit Development: One
At least one and no more than 25% of the
Number of Units
One
One
existing unit count in the multi -unit
Multi -unit Development: Two
development
Allowed with Other ADU
May also provide single -unit
May provide an ADU and a JADU on the same lot with a proposed or existing single-family dwelling, regardless if the No
ADU
ADU is detached, attached, or internal.

Minimum Lot Size
None
Minimum Unit Size
Shall comply with California Building Code Section 1208 (Interior Space Dimensions) Maximum Unit Size
No limit
Studio/One-Bedroom = 850
No limit
(Square Feet)
S00
Two Bedroom = 1,000
Maximum Height
18 feet flat roof
Per base zone
Per base zone
Per base zone
20 feet sloped roof (min 3/12 pitch)3
N/A
Front Setback 4
Per base zone
Side Setback 4
4 feet or base zone whichever is less
Per base zone
Per base zone
Per Base Zone
Rear Setback a
4 feet (not abutting alley) or base zone, whichever is less Per base zone
Per base zone
Per Base Zone
800 sf ADU Exception for
N/A
Application of floor area limit, site coverage limit, or front setback shall not N/A
Existing Development'
$0
' reduce an ADU below 0 square feet (additions only)
' a 1 L
9 19-71
16-45

Ay S�CITY OF
BFH

ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
Draft Proposed Revisions 12/12/2022

ADU WITH EXISTIN

JADU ADU WITH SINGLE- OR MULTI -UNIT DEVELOPMENT
ADU Type

UNIT DEVELOPMENT
JADU INTERNAL' z

ATTACHED'

DETACHED

CONVERSION
Walkout Basement FAL
Floor area of ADU/JADU may be excluded from the allowable floor area limit when located below grade within a basement and specific criteria is met. See Section 20.48.200 F 5 and 21.48.200 F 5 y g p ()() ()( )
Exception
Access
Exterior entrance required in all cases. JADUs may provide internal connection.

Bathroom
May share with primary
Bathroom is required
dwelling unit
Kitchen
Efficiency6
Full kitchen, including fixed cooking appliance with outside exhaust.

Parking
None
None
One per unit
None
Parking waived for the ADU if the property is: 1) within % mile walking distance to transit; 2) within an architecturally or historically significant Parking Exception
N/A
district; 3) on -street parking permits are required and not provided to the N/A
occupant of the ADU; 4) within one block of a car -share vehicle pick-up/drop- off location; or 5) when ADU is constructed in conjunction with a new single - unit or multi -unit dwelling not located in the coastal zone.

Garage/Carport
Allowed; Replacement parking
Allowed; Replacement parking
N/A
Allowed;
Replacement parking required in the
Conversion
required citywide
required 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 for JADU. Additional restrictions required in the Coastal zone.

Owner -Occupancy
Owner shall live in either unit
N/A
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. (See Utilities Director 1/9/21 Memorandum for single water and sewer service allowances) 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
' 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.
2 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. 3 Exception: Base zone height limit applies for an ADU constructed above a garage that complies with setbacks and principal unit complies with parking. ' 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.
'An ADU constructed concurrently with a new development shall comply with the total maximum allowed floor area limits, lot coverage limits, and front setbacks applicable to the property. In the case where the floor area, lot coverage, or front setbacks of existing development doesn't allow the development of an 800 sf ADU and no other compliant alternatives exist, then the ADU may exceed the floor area or lot coverage limits, and/or encroach into the front setback to the minimum extent necessary to accommodate the 800 sf ADU provided it meets all other applicable standards. 6An 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. i(iach
19-72
16-46

Attachment F
Map of Major Transit Stops and
High -Quality Transit Corridors
City of Newport Beach19-73
664

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® Existing Metrolink Stations
O
O PORT 2019 High Frequency Corridors
B CH CC Streetcar (anticipated operation 2024)
O 2019 Major Transit Stops
O 2019 Half -Mile High Frequency Corridors
Source: OCTA
0° 0 1 2
CAN - NewS ort
Miles
19-74 7(

LOS ANGELES
LDOS

LAMITOS
SEAL
BEACH
BEACH
■ Metrolink Stations
Existing High Frequency Corridors (as of February 2019) Additional 2045 High Frequency Corridors
Local Routes (as of February 2019)
- Major Transit Stops
Half -Mile High Frequency Areas
0 2.5 5
Source:OCTA C I
V Miles
nunn�o

YORBA LINDA
\ SA
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1 EDINGER
f
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NEWPORT lb
BEACH
BEACH
SAN
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RANCHO
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19-75
16-66

Attachment G
Map of Coastal Zone
City of Newport Beach 19-76
,fis,

Legend
Local Coastal PI
City Boundary
Coastal Zone Area
Coastal Zone
City of Newport Beach, California
Coastal Zone Featured Areas.mxd November/2008
Newport Coast Se
(NotA Part)
of Newport ead
I
e
0 0225 045
09 viles
19-77
16-68

Attachment E
Coastal Commission Approval Letter and
Suggested Modifications
19-78

STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
GAVIN NEWSOM, Governor

CALIFORNIA COASTAL COMMISSION
South Coast Area Office P m
300 E. Ocean Blvd., Suite 301
Long Beach, CA 90802
(562)590-5071
August 16, 2024
City of Newport Beach City Council
Newport Beach Civic Center
100 Civic Center Drive
Newport Beach, CA 92660
Re: City of Newport Beach Local Coastal Program (LCP) Amendment Request No. LCP-5-NPB-23-0019-1, Parts A, B, and C
Dear Councilpersons:

You are hereby notified that, at its July 10-12, 2024 meeting in San Rafael, the Coastal Commission approved with suggested modifications Part A of the City's IP Amendment Request No. LCP-5-NPB-23-0019-1. Part A of the subject amendment was submitted pursuant to City Council Resolution No. 2023-8 and updates development standards for junior accessory dwelling units and accessory dwelling units in the certified Implementation Plan (IP).

Pursuant to the Commission's action on July 11, 2024, certification of Part A of the subject amendment request is subject to the attached suggested modifications (Attachment A). Therefore, Part A of IP Amendment No. LCP-5-NPB-23-0019-1 will not be effective for implementation in the City's coastal zone until: 1) the City Council adopts the Commission's suggested modifications, 2) the 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 July 11, 2024 action. The Coastal Act requires that the City's adoption of the suggested modifications be completed within six months of the Commission's action (i.e. by January 11, 2025).

At its July 10-12, 2024 and August 7-9, 2024 hearing, the Commission also approved as submitted Parts B and C of LCP Amendment Request No. LCP-5-NPB-23-0019-1.

Therefore, Parts B and C of the subject amendment request will be fully effective upon filing the notice of the Commission's certification with the Secretary of the Resources Agency (as provided by Public Resources Code Section 21080.5(d)(2)(v)).

Thank you for your cooperation and we look forward to working with you and your staff in the future. Please contact Chloe Seifert at chloe.seifert(�coastal.ca.gov with questions regarding the modifications required for effective certification of Part A of IP Amendment No. LCP-5-NPB-23-0019-1.

Sincerely,
Chloe Seifert
Coastal Program Analyst II
19-79

ATTACHMENT A -SUGGESTED MODIFICATIONS TO PART A
Part A of IP Amendment Request No. LCP-5-NPB-23-0019-1 is subject to the Commission's suggested modifications outlined below. For ease of reading, solely the sections subject to suggested modification have been included below.

Normal Text = Existing, unmodified language
Strikethre gh Text = City's proposed eliminated language Underline Text = City's proposed added language
Beld Strikethrough Text. = Commission's proposed eliminated language Bold Underline Text = Commission's proposed added language

21.48.200.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 62 and 65852.22 66310 through 66342, 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.

21.48.200.G.2 Setback Requirements.

For replacement of an existing enclosed structure, garage, or carport, no existing additional setback is required, beyond the existing setback provided, unless a greater setback is needed to comply with subsection (C)(3) of this section....

21.48.200.B Effect of Conforming.
...4. Required to a correct legally established nonconforming zoning condition(s),. building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit; and do/does not raise inconsistency with the coastal resource protection policies of 21.48.200(C)(3). This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.

21.48.200.0 Review Authority.
...3. The dwelling conforms to the coastal resource protection development regulations of the Implementation Plan and Coastal Land Use Plan provisions, including Implementation Plan 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
19-80

21.48.200.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 (PI ,„M:^M „oning) and Title 21 (Local Coastal Program Implementation Plan), including but not limited to height, setback, site coverage, floor area limit, and residential development standards and design criteria....

21.48.200.G. Development Standards.
...9. Waterfront Development and Flood Hazard Areas.
...b. Any development in shoreline hazardous areas shall comply with Section 21.30.015(E)M.

21.48.200.J. Deed Restriction and Recordation Required. ...2. For properties in flood hazard areas as identified by the Federal Emergency Management Agency in the "Flood Insurance Study" for Orange County, California and Incorporated Area with accompanying FEMA Flood Insurance Rate Maps, 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.
19-81

Attachment F
Underline/Strikeout Version of Amendments
19-82

TITLE 21 REVISIONS
City of Newport Beach proposed revisions (additions/deletions) illustrated as underline and strikethro irvh (respectively). California Coastal Commission (CCC) suggested modifications (additions/deletions) in black/bold underline and undeffine. strmkethrou (respectively).

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 66310 through 66342, 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 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(s), building code violation(s), and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit; and do/does not raise inconsistency with the coastal resource protection policies of 21.48.200(C)(3). 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 Zening GlearanGe preyirtort by the DireGter building permit 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;

4. The building permit %Guinn nlearanno 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.

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 Accessory Dwelling Units Allowed. The following is the maximum number of accessory dwelling units and/er junior aGGesser„ dwelling „n allowed on any residential lot. For the purposes of this section, "multi -unit dwelling" means a structure or development containing two (2) or more dwelling units. URIe•SS ethepNise speGified below, eOnly one Mof 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 M accessory dwelling unit or erne jYnier aGGesseFy dwelling „ni+ 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 19-84

iii. Within the existing space of an existing accessory structure, plus an addition beyond the physical dimensions of the existing structure of up to one hundred fifty (150) square feet if the expansion is limited to accommodating ingress and egress. b. The nirriep aGGessor`ry-dwelliing WRit 06
repe% :
iI.A.10thop the snore of o nreneseld cinnlo_i snit rdwelling• er e
ii Within the evicting snore of on existing single _i snit dwelling sb. The accessory dwelling unit er i„nigr orressery dwelling „nitwiU shall have independent exterior access from the single -unit dwelling. dc. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction).

2. DetaGh-rediAttaGhed OR Lot with C�e_I Init er Multi Unit Dwelling Category. QRe 0 Rew
(E)(1)(b) of this sertien

3. Detached on Lot with Single -Unit or Multi -Unit Dwelling Category. Only one (1) detached new -construction accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling. Up to two (2) detached new -construction accessory dwelling units may be constructed on a lot that has an existing or proposed multi- unit dwelling. For the purposes of this section, a multi -unit development approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels. 3 4. 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 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. 19-85

F. Maximum Number of Junior Accessory Dwelling Units Allowed. One (1) lunior accessory dwelling unit may be permitted on a lot with a proposed or existing single -unit dwelling, subject to the following:

1. The lunior accessory dwelling unit is proposed to be attached to, or within the space of, a proposed or existing single -unit dwelling.

2. The lunior accessory dwelling unit shall have independent exterior access from the single -unit dwelling and may provide interior access to the single -unit dwelling.

3. Side and rear setbacks comply with Title 9 (Fire Code) and Title 15 (Buildings and Construction).

4. The lunior accessory dwelling unit may be constructed in addition to an accessory dwelling unit on the lot with a proposed or existing single -unit dwelling. A lunior accessory dwellina unit shall not be allowed on the lot with a Droaosed or existina multi -unit dwellina.

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), 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 OR ender 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 subsection (C)(3) of this section. b. For replacement of an existing enclosed structure, garage, or carport, no existing additional setback is required, beyond the existing setback provided, unless a greater setback is needed to comply with subsection (C)(3) of this section. 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. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.

C. Attached and detached accessory dwelling units shall naay provide a minimum setback of four (4) feet from all side property lines and rear property lines not abutting an alley unless the setback requirements of the underlying zoning district are less rPStrictivP _

fOlIE)WORg Griteria are met:
a. The . r
y dwelling unit meets the minimurn setbaGks, as required by b. The pr'RGipal dwelliRg URit GOMplies with parking standards set forth OR SeGti

21.40.040.

3. Building Height.
a. Internal. Accessory dwelling units and junior accessory dwelling units internal to an existing or proposed single -unit or multi -unit dwelling shall comply with the height limit as required by underlying zoning district.
b. Attached. Accessory dwelling units and junior accessory dwelling units attached to an existing or proposed single -unit or multi -unit dwelling shall comply with the height limit as required by underlying zoning district.
c. Detached accessory dwelling units shall not exceed a height of sixteen (16) feet except as noted below:
i. An accessory dwelling unit constructed on a lot with an existing or proposed multi- unit, multi -story dwelling shall not exceed a height of eighteen (18) feet. ii. 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 the accessory dwelling unit meets the minimum setbacks required by underlying zoning district and the principal dwelling unit complies with parking standards set forth in Section 21.40.040.
iii. An accessory dwelling unit constructed on a lot with an existing or proposed single -unit or multi -unit dwelling that is located within one-half mile walking distance of a major transit stop or high -quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code shall not exceed a height of eighteen (18) feet. An additional two (2) feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary unit.

Unit Size.
a. The maximum size of a detached or attached accessory dwelling unit is eight hundred fifty (850) square feet for a studio or one -bedroom unit and one thousand (1,000) square feet for a two or more bedroom unit.
, snit �twelljRp_j_s f urthor limited to fifty (50) n t of the fleer area of �Lexisting unTr-crvv`"' �� J `"'r-rarnTc�--rn-rrrr eKCe�l ea�r cnrscrrr dwelliRg.
19-87

be. Application of the size limitations set forth in subsections (G )(4)(a) and (C)/4 \/h\ of this section shall not apply to an accessory dwelling units that is a -re converted as part of a proposed or existing space of a principal residence or existing accessory structure.
cd. Application of size IimitatiORS Set forth in s„hsestien (F=)(4)(b) of this sentien er 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 front setbacks, floor area limit, open space, or site coverage requirement reduce the accessory dwelling unit to less than eight hundred (800) square feet where there is no other alternative to comply and only to the extent necessary to construct the accessory dwelling unit the aGGeSSE)FY dwelliRg WRit shall Rot eXGeed a height of sixteeR (16) feet measured fr the finished grade as determined by the Direrter
de. The maximum size of a junior accessory dwelling unit shall be five hundred (500) square feet.
ef. The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit.

5. Walkout Basement Floor Area Limit Exception. The gross floor area of an accessory dwelling unit or junior accessory dwelling shall be excluded from the allowable floor area limit when located below grade within a basement. Daylighting of the basement shall only be permitted where excavation is necessary to provide exterior access to the main surface level and in compliance with the followina:
a. The access passageway, inclusive of any necessary shoring, may encroach into a side setback area;
b. The passageway shall be free of obstructions from the ground level to a height of eight (8) feet; and
c. The access passageway shall measure a minimum of thirty-six (36) inches clear in width, measure no longer than sixty (60) feet in length, and shall not be located within a yard fronting a public right-of-way.
19-88

0 Figure 3-7
60'
Walkout Basement Floor Area Limit Exce

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, ire sprinklers are enGO gaged, nor shall the construction of an accessory dwellina unit and/or iunior accessory dwellina unit reauire fire sprinklers to be installed in the existing single -unit or multi -unit dwelling.

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. An aAccessory dwelling units internal to a proposed principal residence or converted from existing space of principal residence or existing accessory structure; ii. An aAccessory dwelling units located within one-half mile walking distance of public transit. For the purposes of this section "public transit" shall include a bus stop 19-89

where the public may access buses that charge set fares, run on fixed routes, and are available to the public;
iii. An aAccessory 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. Replacement Parking Necessary. 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, replacement parking shall be provided. Replacement parking 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. Accessory dwelling units shall not displace required uncovered parking spaces.

9. Waterfront Development and Flood Hazard Areas.
a. The minimum top of slab elevation for new interior living areas, including areas converted from nonliving 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}
HG. 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 (HG)(3) of this section, the City may require the installation of a new or separate utility connection between the accessory dwelling unit, junior accessory dwelling unit and the utilities.

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 on -site 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.
114. Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units.

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 for Junior Accessory Dwelling Units. p defer AeEessery Dwelling A natural person with legal or equitable title to the lot must reside in either the principal single -unit 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.

Jf. 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.

KJ. 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 66310 through 66342 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. 19-92

Newport Beach City CouncilOctober 22, 2024

Newport Beach City Council
October 22, 2024