Attachment J
Proposed ADU Ordinance Summary
Matrix
34-92
ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
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 building permit plan check. 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 EXISTING MULTI-UNIT
DEVELOPMENT
ADU Type
JADU7
Conversion1 of an interior portion of an existing
single-unit dwelling; or new construction within
a proposed single-unit dwelling; or attached to
an existing or proposed single-unit dwelling
INTERNAL1,2,7
Conversion of an interior
portion of an existing single-
unit or multi-unit dwelling, or
an existing detached accessory
building; or new construction
within a proposed single-unit
or multi-unit (2+) development
ATTACHED1
Construction of a new ADU attached
to an existing or proposed single-unit
or multi-unit dwelling
DETACHED,7
Construction of a new ADU as a detached
accessory building
CONVERSION7
Conversion of an existing non-habitable (e.g.,
storage rooms, boiler rooms, passageways,
attics, basements, or garages) portion of a
multi-unit (2+) development
Zoning
Allowed on all residential and mixed zoned
properties that are improved with a single-
unit dwelling
Allowed on all residential and mixed zoned properties that are improved with a single-unit or multi-unit dwelling
Allowed on all residential and mixed zoned
properties that are improved with existing
multi-unit dwellings
Number of Units One One
Single-unit Development: One
Existing Multi-unit Development: Up
to eight, not to exceed the number of
existing primary units
New Multi-unit Development: Two
At least one and no more than 25% of the
existing unit count in the multi-unit
development
Allowed with Other ADU May also provide single-unit ADU May also provide JADU as part of a single-unit dwelling No Minimum Lot Size None
Minimum Size Shall comply with California Building Code Section 1208 (Interior Space Dimensions) Maximum Size
(Square Feet) 500 No limit Studio/One-Bedroom = 850
Two Bedroom = 1,000 No limit
Maximum Height Per base zone Per base zone Per base zone 16 feet3 N/A Front Setback 4 Per base zone
Side Setback 4 Per base zone Per base zone 4 feet or base zone, whichever is less Per Base Zone Rear Setback4 Per base zone Per base zone 4 feet (not abutting alley) or base zone, whichever is less Per Base Zone 34-93
ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
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.
JADU ADU WITH SINGLE- OR MULTI-UNIT DEVELOPMENT ADU WITH EXISTING MULTI-UNIT
DEVELOPMENT
ADU Type JADU INTERNAL1,2 ATTACHED1 DETACHED CONVERSION 800 sf ADU Exception for
Existing Development5 N/A Application of floor area limit, site coverage limit, or front setback shall not reduce an ADU below 800 square feet N/A
Walkout Basement
FAL Exception 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) Access Exterior entrance required in all cases. JADUs may provide internal connection.
Bathroom May share with
primary dwelling unit Bathroom is required
Kitchen Efficiency6 Full kitchen, including fixed cooking appliance with outside exhaust.
Parking None None One per unit None
Parking Exception N/A
Parking waived for the ADU if the property is: 1) within ½ mile walking distance to transit; 2) within an architecturally or historically significant district; 3) on-street parking permits are required and not provided to the 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.
N/A
Garage/Carport
Conversion
Allowed; Replacement parking required
citywide
Allowed; Replacement
parking required in the
Coastal Zone
N/A Allowed; Replacement parking
required in the 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.
N/A
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.
Separate Conveyance ADUs and JADUs may not be sold separately8 34-94
ACCESSORY DWELLING UNIT ORDINANCE SUMMARY
3 See NBMC Sections 20.48.200(F)(3) and 21.48.200(G)(3) for additional height allowances applicable to detached ADUs under certain circumstances. 4 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.
5 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. 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 cabinets of reasonable size required. 7Some standards may not apply to specific ADUs and JADUs outlined in Government Code Section 66323 and are subject to specific alternative requirements. 8 ADU are allowed to be sold or conveyed separately from the primary residence to a qualified buyer by a qualified nonprofit corporation subject to affordability restrictions outlined in Government Code Section 66341. 34-95